CITY COUNCIL MEETING
MINUTES
MONDAY, SEPTEMBER 25, 2006
COUNCIL CHAMBERS – 7:00 p.m.
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 September 25, 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 Coni Hadden
who then led the pledge of allegiance.
III. ROLL CALL
Roll call was answered by 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; Craig Knouse, Police Chief; Gary
Birch, Fire Chief; Steve Hansen, Public Works Director; Brian Hess, City
Engineer; Linda Tyree, Finance Director; Tony Sage, Information Services
Director; Chris Deal, Parks & Recreation Director; Steve Anderson, Planning
& Development Director; Dan Fernandez, Planner; Rebecca Wymore, Planner;
Val Drogt, Projects Manager; Sara Cooke, Public Relations Coordinator; Shawnna
Funderburk, Assistant to the City Administrator; Jane Sharon, Deputy City Clerk;
Joanne Ellsworth, Special Legal Counsel; Jason Noble, The Kansas City Star;
Angie Borgedalen, Liberty Tribune; and 17 members of the public.
IV. APPROVE
MINUTES AND SUMMARIES
A. REGULAR SESSION MINUTES OF SEPTEMBER 11,
2006
Council Member King moved to approve the minutes as
distributed. Council Member Coe seconded
the motion, which carried unanimously.
B. EXECUTIVE SESSION MINUTES OF FIRST
MEETING SEPTEMBER 18, 2006
Council Member Hadden moved to approve the minutes as
distributed. Council Member Hester
seconded the motion, which carried 6-0-2.
Council Member Phillips and Council Member Coe abstained, due to
absence.
C. STUDY SESSION MEETING SUMMARY OF SEPTEMBER 18,
2006
Council Member Martin moved to approve the meeting
summary as distributed. Council Member
Hester seconded the motion, which carried 5-0-3. Council Member Parry abstained. Council Member Phillips and Council Member
Coe abstained due to absence.
V. CITIZENS’ PARTICIPATION
A.
PROCLAMATION FOR FIRE
PREVENTION WEEK – OCTOBER 8 – 14, 2006
Mayor Steinkamp read the proclamation recognizing fire
prevention week and presented it to Fire Chief Gary Birch.
VI. MEETING SCHEDULE
VIII. PUBLIC HEARINGS
Mayor Steinkamp stated that the two items for the
Whitehall Station Tax Increment Financing proposal do not require a public
hearing, nor was notice given for a public hearing. He stated that the public would be given an
opportunity to comment on the proposal following a staff presentation.
A. *WHITEHALL STATION TAX
INCREMENT FINANCING
City Administrator Curt Wenson noted
that the Tax Increment Financing (TIF) Commission had reviewed the proposal in
great detail in its series of three meetings.
Planning & Development Director
Steve Anderson reviewed the proposal noting the Commission held three meetings,
continuing the public hearing twice, the last time to provide more information
on the cost benefit analysis. Mr.
Anderson stated that the City is the applicant and worked with the property
owner to bring forward this proposal.
There is a good likelihood that changes will be brought forward to the
plan as currently proposed, when the property is sold. Any revisions to an approved TIF plan would
go back to the TIF Commission for review and recommendation to Council.
Mr. Anderson stated that the purpose of
the application is to establish a TIF overlay district, which is an important
first step. Each project within the plan
and an agreement with a redeveloper would come forward later.
Mr. Anderson stated a regional commercial/retail
center is proposed for approximately 800,000 sq. ft. of commercial retail space
and 120 residential units, east of I-35 and 69 Highway, south of South Liberty
Parkway.
Total project costs for all five phases are estimated at $246 million
with private/developer contributions estimated at $181 million. An estimated $40.4 million in TIF revenues
and $24.6 million in Community Improvement District (CID) revenues will help
offset the costs of development. TIF
costs associated with each phase will be repaid within 23 years, with the last
phase having a projected term of 2011 to 2034.
Mr. Anderson stated that tax revenue over the life of the project, if
not built is projected at just under $600,000 with tax revenue over the life of
the project, if built, estimated at $178 million.
Mr. Anderson stated that establishing
the TIF District for this project is the last piece to put in place
entitlements that allow the property to be marketed and sold for future
development. The TIF will allow the extension
of sewer and water to stimulate growth along the South Liberty Corridor;
enhance the City’s tax base and induce development, which will benefit taxing
districts; allow the district to develop in a comprehensive manner and bring in
quality commercial tenants; stimulate development which would not occur without
TIF; cure blighted conditions; and stimulate future development with secondary
economic impacts.
Mr. Anderson reviewed the City’s TIF
Policy was adopted in 1997 and provides guidelines for evaluating TIF
proposals. The policy permits deviation
from the guidelines where it is vitally important to do so. City Administrator Curt Wenson stated that,
with market trends, Liberty’s TIF policy is
very conservative. Staff is working to
update all economic incentive policies, including the TIF policy and these will
be brought forward in December or January for Council review.
Mr. Anderson reviewed the TIF policy
with regard to the proposed Whitehall TIF, stating that the plan: demonstrates public benefit by eliminating
blight and adding public infrastructure; exceeds the policy with respect to
increased total revenues in relation to the value of TIF incentives by a ratio
of 3:1 with anticipated revenue over the life of the project of $220 million
and total TIF incentives of $40 million; this is the only viable tool that
makes the project feasible and would not occur without the use of TIF; TIF
assistance is provided only for improvements that create public benefit; and
the the total amount of TIF assistance as a percentage of total project costs
is 16.4%, which slightly exceeds the 15% level noted in the policy. Compared to other communities, this is still
very conservative. Mr. Wenson added that
the redevelopment plan will be brought forward for Council consideration.
Mr. Anderson continued, stating that the
proposed project conforms to the City’s Comprehensive Plan, including the
Future Land Use Plan and the Economic Development Plan; the property owner’s
goal is to make this a regional retail center and is anticipated to attract
people from outside of Liberty as well as Liberty citizens; residential
development, though part of the proposed development, is not reimbursable
through TIF; and a base year must be established.
Mr. Anderson reviewed the statutory
findings that must be determined by City Council in order to proceed with
establishment of a TIF district: 1) the
redevelopment area is blighted; 2) the redevelopment area has not been subject
to growth through investment by private enterprise and is not anticipated to
develop without the redevelopment plan; 3) the uses proposed in the TIF Plan
are consistent with the City’s Comprehensive Plan; 4) the redevelopment area
includes only those parcels which will directly and substantially be benefited
by the redevelopment project improvements; 5) the estimated dates of completion
of the redevelopment projects and retirement of obligations incurred to finance
the project costs are stated in the plan and are not more than 23 years from
the date of adoption of the ordinance approving the redevelopment project
within the redevelopment area; 6) a relocation plan is included in the TIF
plan; 7) a cost benefit analysis showing the impact of the redevelopment area
on each taxing district has been prepared and is included in the plan; and 8)
no gambling establishment is included in the redevelopment plan.
Mr. Anderson stated that the TIF
Commission adopted three resolutions in recommending the City Council establish
a Whitehall TIF District and adopt a TIF plan for the District. He stated there are two ordinances for
Council to consider. The first adopts
the TIF plan and establishes the redevelopment area. The second ordinance is on first reading only
and designates Project 1 for the TIF district.
Council Member Martin asked for
clarification of the 23-year payoff of financing with early bond redemption compared
to distributing excess revenues annually to the taxing jurisdictions. Mr. Anderson stated that the two options are
to take the full 23 years to retire the bonds or to retire the bonds
earlier. If the bonds are retired early,
the taxing jurisdictions would have earlier access to their portion of the full
sales tax. Council Member King asked if
the City would then see no revenues from the project if the intent was to
retire the debt on bonds early. Special
Legal Counsel Joanne Ellsworth provided the example of $100,000 being captured
in revenues, but only $50,000 was needed, then the sooner the bonds could be
paid off and the sooner taxing jurisdictions could enjoy the increased sales
tax revenues. She stated that all taxing
jurisdictions receive whatever is currently being collected in taxes.
Council Member Phillips asked about when
the clock starts on the 23 year period.
Ms. Ellsworth stated it is when a redeveloper is identified for each
project, that the 23 year timeframe commences.
She added that there is a 10 year limit to approve all projects within
the development.
John Ferguson, 1150 Oak Crest
Drive, stated this is a unique opportunity,
which began at the ICSC convention last spring, promoting Liberty. This provided contacts with national
developers and he expressed appreciation to the team from Liberty, including
members of the City Council and Alicia Stephens from the Partnership for
Community Growth & Development.
Continuing this effort will allow the City to get ahead of the
competition west of I-35. He thanked the
City staff for its efforts in bringing this proposed TIF redevelopment plan
forward.
1. AN
ORDINANCE APPROVING THE WHITEHALL STATION TAX
INCREMENT FINANCING PLAN AND ESTABLISHING A REDEVELOPMENT AREA – ORDINANCE
Document No. 6570 was read. Council Member Martin moved to waive the
rules and consider the ordinance on first reading. Council Member King seconded the motion,
which carried unanimously.
Council Member Hadden moved to approve
the ordinance. Council Member King
seconded the motion. Council Member King
stated this is an extremely impressive collection of work by a lot of people
and he appreciated the effort that made it happen. Mayor Steinkamp stated that, in addition to
staff, developer and property owners he would like to thank the TIF Commission
for its diligent review and hard work.
The motion carried unanimously.
It was approved by the Chair and is inscribed in Ordinance No. 9030.
2. AN ORDINANCE APPROVING REDEVELOPMENT
PROJECT 1 OF THE WHITEHALL STATION TAX INCREMENT FINANCING PLAN AS A
REDEVELOPMENT PROJECT AND ADOPTING TAX INCREMENT FINANCING THEREIN – ORDINANCE
(FIRST READING ONLY)
IX. ORDINANCES,
CONTRACTS AND RESOLUTIONS
A. ACKNOWLEDGEMENT
OF VENDOR PAYMENTS FROM SEPTEMBER 1, 2006 THROUGH SEPTEMBER 15, 2006 – ORDINANCE
Document No. 6572 was read. Council Member King moved to approve the
ordinance. Council Member Hadden
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. 9031.
B.
*FINAL
DEVELOPMENT PLAN FOR NEW 28,000 SQ. FT. BUILDING FOR CLAY CO. HEALTH DEPT. IN
OAKWOOD BUSINESS PARK, TRACT 6, NORTH OF
HAINES DRIVE, WEST OF CHURCH ROAD – RESOLUTION
Planner Rebecca Wymore reviewed the proposed
development plan for the Clay County Health Department. She stated the 28,000 sq. ft. building has
access to Church
Road via Haines Drive and adequate public facilities requirements have been
met by the application. Landscaping
proposed and the plan conform to the Unified Development Ordinance (UDO) and
the Planning & Zoning Commission recommended approval of the final
development plan.
Council Member Phillips asked how much larger this
facility would be than at the current site.
The applicant stated the plan proposed about a 20 percent increase in
square footage. Mr. Phillips asked about
the additional entrance discussed in the Planning & Zoning Commission
review of the application. Ms. Wymore
stated that only two access points were included in the application, but a
third access point could be brought forward at a later date and could be
approved administratively.
Council Member Hadden asked if the plan called for
adding a second story. The applicant
stated the building would be only one-story.
Council Member Martin asked if another business could
be located on Church
Road in
front of the facility and, if so, what kind of signage would permit the Health Center to be visible.
Ms. Wymore stated that a plan for signage would come forward with the
building permit.
Council Member King moved to approve the
resolution. Council Member Martin
seconded the motion, which carried unanimously and is inscribed in Resolution
No. 2060.
C.
*FINAL PLAT FOR LIBERTY HILLS BAPTIST CHURCH AT CAMILLE AND A HIGHWAY – ORDINANCE
Planner Dan Fernandez reviewed the proposed final plat
for Liberty Hills Baptist Church. He stated
that street access would be provided via Camille Street. Since the
site cannot be served by a gravity sewer at present, the applicant proposes use
of a private lift station on a temporary basis.
Water service will be provided by connection to a main currently being
constructed on the eastern portion of the property and storm water will be
detained through a detention basin on the northeast corner of the lot.
Mr. Fernandez stated that in the first phase, a
sanctuary/gymnasium is planned that could seat up to 400 people with classrooms
and office space bring the total maximum capacity to five hundred. The total square footage of the structure is
estimated at 16,750 square feet. In the
future, the applicant may bring forward the addition of a residence and day
care facility. Staff is satisfied with
the applicant’s proposal for a private lift station, which would be used on a
temporary basis until connection to a public gravity main becomes
available. Stipulations will be added to
ensure that this site connects to a public gravity main when it is
available. The final plat conforms to
the requirements of the UDO and the Planning & Zoning Commission
recommended approval, acknowledging the following stipulations: 1) Any additional uses will require an
independent review of the lift station to ensure it is capable of supporting
the extra volume; and 2) At such time that public sewer is available to this
site, the property owner will connect to the main and discontinue the use of
the lift station within twelve months.
All costs related to such work will be the responsibility of the
property owner.
Council Member King asked about the timeframe for
gravity main access. Mr. Anderson stated
it would be driven by development in and around the church site. Mr. King asked if the developer would put in
the sewer. Mr. Anderson stated the
church could partner with a developer in a benefit district. Mr. King asked where the connection would
come in to this property. City Engineer
Brian Hess stated the gravity sewer main connection would come from the east, under
I-35, to the site.
Council Member Phillips asked what would happen if
twelve months was not sufficient for the connection to the gravity main. Mr. Fernandez and Mr. Anderson stated the
City would formalize this issue in the final development plan and would work
with the applicant. Mr. Anderson stated
it is rare to bring this issue forward with a final plat, but the applicant
wanted to determine the feasibility before moving forward.
Council Member Martin asked about the new elementary
school. Mayor Steinkamp stated he was in
the area recently and the curbs are in, with the school district well on its
way to completing the extension of Camille to A Highway. Mrs. Martin
asked where additional development would take place. Mr. Anderson stated it would be to east of
the school and there is residential development proposed to the north.
Document No. 6573 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 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. 9032.
D.
TEMPORARY EVENT LIQUOR LICENSE FOR LIBERTY SYMPHONY ORCHESTRA AT
CORBIN THEATRE ON OCTOBER 16, 2006 – RESOLUTION
Council Member Martin moved to approve the
resolution. Council Member Hadden
seconded the motion, which carried 6-1-1. Council
Member King voted in opposition and Council Member Hester abstained, due to a
potential conflict of interest. The
resolution is inscribed in Resolution No. 2261.
Assistant City Administrator Cynthia Boecker stated the next series
of items are interrelated. The memo
provided to Council at their places this evening reflects the total budget and
numbers.
E.
2006 OVERLAY
PROJECT
1. FINAL
CONTRACT AMENDMENT WITH SUPERIOR BOWEN IN AN AMOUNT NOT TO EXCEED $407,944 – ORDINANCE
Document No. 6574 was read. Council Member Hadden 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 Phillips
seconded the motion, which carried unanimously.
It was approved by the Chair and is inscribed in Ordinance No. 9033.
2. ACCEPTANCE
OF THE PROJECT – RESOLUTION
Council Member Coe moved to accept the project. Council Member Hadden seconded the motion,
which carried unanimously and is inscribed in Resolution No. 2262.
F.
CRAIG CREST
PROJECT
1. FINAL
CONTRACT AMENDMENT WITH CLAY COUNTY SANITARY & DITCHING IN AN AMOUNT NOT TO EXCEED
$14,747.03 – ORDINANCE
Document No. 6575 was read. Council Member Coe moved to waive the rules
and consider the ordinance on first reading.
Council Member Martin seconded the motion, which carried unanimously.
Council Member Hester moved to approve the
ordinance. Council Member Martin
seconded the motion. Council Member
Parry asked about the engineering costs for the project. Mr. Hess stated the design costs of $59,996
were in a different budget item from construction costs. He added that the change order is anticipated
to be paid out of funds budgeted for this project, which weren’t needed for the
project. Finance Director Linda Tyree
stated the funds will be clarified at the study session when 2007 budget
discussions begin. The motion carried
unanimously. It was approved by the
Chair and is inscribed in Ordinance No. 9034.
2. ACCEPTANCE
OF THE PROJECT – RESOLUTION
Council Member Coe moved to accept the project. Council Member Hester seconded the
motion. Council Member Martin said it is
wonderful what these projects do to make improvements in the
neighborhoods. The motion carried 7-0-1. Council Member Parry abstained from the vote. The resolution is inscribed in Resolution No.
2263.
G.
AMENDMENT TO
CONTRACT WITH GEOTECHNOLOGY, INC. PERTAINING TO SOUTH LIBERTY PARKWAY OBSERVATION AND MATERIAL TESTING IN AN AMOUNT NOT TO
EXCEED $6,335.50 – ORDINANCE
Document No. 6576 was read. Council Member Coe 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 Hester seconded the motion. Council Member King asked for clarification
of the additional costs. Mr. Hess stated
the weather and length of visits factored into additional costs for the
testing. Mr. King asked if these changes
are normal. Mr. Hess stated they
are. Council Member Parry asked if this
will be paid from encumbered funds for the project. Mr. Hess said it would. The motion carried unanimously. It was approved by the Chair and is inscribed
in Ordinance No. 9035.
H.
CONTRACT WITH
MUSSELMAN & HALL CONTRACTORS, LLC FOR CONSTRUCTION OF CLAYWOODS DRIVE / M291 INTERSECTION IMPROVEMENTS IN AN AMOUNT NOT TO
EXCEED $229,123.00 – ORDINANCE
Mr. Hess stated the proposed contract would permit the
geometric improvements at the intersection of M291 Highway and Claywoods Drive, after which the Missouri Department of Transportation
(MoDOT) would install a spanwire signal.
He stated there are three turn lanes in the
design
approved by MoDOT. The contract is
$80,000 higher than what was budgeted.
Staff has worked to identify ways to reduce costs and additional
funding. Staff recommends approving the
contract as bid and address changes in a final contract amendment, to permit
the project to proceed.
Council Member Parker asked about the turn lanes. Mr. Hess stated there would be one southbound
and one northbound on M291 and exclusive right turn lane from Claywoods Drive onto northbound M291.
Mr. Parker asked if the changes would make the area more like a standard
intersection. Mr. Hess stated it would
and would be fully signalized. Mr.
Parker asked about the cost of putting in signal poles to replace the spanwire
signal. Mr. Hess stated that would be
included in future discussions.
Document No. 6577 was read. Council Member Hadden 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 Parry
asked what the additional amount budgeted in this line item is funding. Mr. Hess stated it is for the signal at South Wales. Mr. King asked about the
timeframe for this project. Mr. Hess
stated staff anticipates an October start on the intersection improvements, but
it would be up to MoDOT to schedule the signal installation. The motion carried unanimously. It was approved by the Chair and is inscribed
in Ordinance No. 9036.
X. OTHER BUSINESS
XI.
MISCELLANEOUS
MATTERS FROM CITY ADMINISTRATOR
Mr.
Wenson stated that the 12th storm siren is now operational, paid for
with 2010 funds. He also announced the
promotion of Tony Sage to department director for Information Services.
XII.
MISCELLANEOUS
MATTERS FROM MAYOR AND CITY COUNCIL
Council
Member Martin asked if the numbers that Council Member Parry had referred to in
earlier discussions would be part of the study session. Mr. Wenson stated that budget development
would be the topic of upcoming study sessions.
Mrs. Martin asked that the City consider going to paperless packets in
the future to decrease staff time and save trees.
Council
Member Hester stated the Liberty Arts Commission had an official logo and
mission statement.
Council
Member Parker asked staff to look at defects in the road on Ruth Ewing at the
sharp turn toward Stocksdale Park. Mr. Hansen
stated that staff would inspect the area to see what needs to be done.
Council
Member Hadden reported another successful Fall Festival and noted it was
gratifying to see so many people attending from different communities. It was an opportunity to showcase Liberty. She added
that she would not be present at the October 2 study session because she would
be attending the Missouri Municipal
League meetings in St.
Louis.
Council
Member Parry asked for an updated encumbrance report. Mrs. Tyree stated that what had been provided
before was for the entire year’s encumbrances and that hadn’t changed, but she
would review to see what other information could be provided to clarify the
earlier report.
Council
Member King thanked staff for getting the traffic signal at M291 and Claywoods Drive moving forward.
Mayor
Steinkamp stated it was good to see approval of the new location for the Clay County Health Center and reminded Council of the groundbreaking ceremony
scheduled for Wednesday.
XIII. ADJOURNMENT
The
meeting adjourned at 8:23 p.m.
__________________________________
Mayor
Attest:
_____________________________________
Deputy City Clerk