CITY COUNCIL MEETING
MINUTES
MONDAY, DECEMBER 11, 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 December 11, 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 Coni Hadden and Harold Phillips, Ward I; LeRoy Coe and
Anna Marie Martin, Ward II; Juarenne Hester and John Parry, Ward III; and Bill
Parker and Nick King, Ward IV. Also in
attendance were Curt Wenson, City Administrator; Cynthia Boecker, Assistant
City Administrator; Steve Hansen, Public Works Director; 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; Dee Mizell, Finance Analyst; Diana Adams, Finance Analyst; Tony Sage,
Information Services Director; Chris Deal, Parks & Recreation Director;
Steve Rulo, Parks & Open Space Manager; Donna Kay Taylor, Community Center
Manager; Steve Anderson, Planning & Development Director; Val Drogt,
Special Projects Manager; Amy Brusven, Human Resources Director; Sara Cooke,
Public Relations Coordinator; Shawnna Funderburk, Assistant to the City
Administrator; Jamie Tkachyk, Management Intern; Jane Sharon, Deputy City
Clerk; Legal Counsel Chris Williams; Jason Noble, The Kansas City Star; and 30
members of the public.
IV. APPROVE
MINUTES AND SUMMARIES
A. EXECUTIVE SESSION MINUTES OF NOVEMBER 27,
2006
Council Member Hadden moved to approve the minutes as
distributed. Council Member King
seconded the motion, which carried 6-0-2.
Council Member Hester and Council Member Parker abstained due to
absence.
B. REGULAR SESSION MINUTES OF NOVEMBER 27,
2006
Council Member Martin moved to approve the minutes as
distributed. Council Member Hester
seconded the motion, which carried 7-0-1.
Council Member Parker abstained due to absence.
C. STUDY SESSION MEETING SUMMARY OF DECEMBER 4, 2006
Council Member Coe moved to approve the meeting
summary as distributed. Council Member
Phillips seconded the motion, which carried unanimously.
V. CITIZENS’ PARTICIPATION
Mayor
Steinkamp welcomed Hunter Roberts, Andrew O’Neil, Michael Hoppenrath, Thomas
Jones, Bo Lanning, Bradley Nelson, Bradley Nelson, Kyle Martin, Dylan Sanchez,
Chance Dykes, Kris Jones and their troop leaders John Hoppenrath and Francis
Jones of Boy Scout Troop # 374, who are working on their Citizenship in the
Community badges.
VI. MEETING SCHEDULE
VIII. PUBLIC HEARINGS
Mr. Anderson stated the establishment of a TIF
District, would permit the applicant to develop a 147,000 sq. ft. retail center
on A Highway, north of
M-291. The total TIF reimbursable costs
are estimated at $3.38 million with each phase having a term of 23 years. The anticipated tax revenue if the project is
not built is $746 and the tax revenue with the project is anticipated to be $21
million.
Mr. Anderson reviewed the project goals, which
includes facilitation of Rogers’ move to
a better site, having been displaced due to development in the Triangle. He stated the City staff and consultants have
worked with the applicant to find a site in Liberty. Other project goals are to improve streets,
utilities and other public infrastructure essential to stimulate growth and
development. This development will
improve the tax base and encourage quality tenants. It will cure the blighted conditions that
exist at the location and could not occur without the use of TIF. This project would also stimulate employment
opportunities in the area.
Mr. Anderson stated the proposed TIF plan was tested
against the City’s TIF Policy and existing state statutes. The TIF Policy was established in 1997 as a
guideline, which permits exceptions when the project is of vital interest to
the City.
In comparing the proposed TIF plan to the policy,
Mr. Anderson noted the following: the
project is expected to have a positive economic impact on the area; the
estimated ratio of increased revenue to the City compared to the value of the
incentives offered is 5.5:1, well above the 3:1 required by the policy; TIF is
the best tool for this project; but for the use of TIF, this project would not
occur. The site sat idle for many years
and with the number of improvements and grading required, without TIF this
project would not move forward; the TIF is only for infrastructure
improvements; the threshold in the policy for TIF assistance as a percentage of
total project costs is a very conservative 15%.
The standard in area communities is in the mid-twenties. The estimate for this project is slightly
above the guideline in the policy at 15.6%; this development is visible from
the interstate and, while small, will continue to be a regional draw for Liberty and the
community; Rogers’ already
serves a metropolitan market, which is expected to expand beyond the region to
other states. The City’s goal is to keep
this business operating in Liberty; and
there is no residential development in this project.
Mr. Anderson reviewed the eight statutory findings
and stated the following: The
Redevelopment Area is a blighted area; the Redevelopment Area has not been
subject to growth and development through investment by private enterprise and
would not reasonably be anticipated to be developed without the adoption of the
Redevelopment Plan; the improvements proposed in the Redevelopment Plan are in
conformity with the City’s Comprehensive Plan; the areas selected for the
Redevelopment Projects include only those parcels of real property and
improvements thereon which will directly and substantially be benefited by the
Redevelopment Project improvements; the estimated dates of completion of the
Redevelopment Projects and retirement of obligations incurred to finance
redevelopment project costs have been stated in the Redevelopment Plan and are
not more than 23 years from the adoption of any ordinance approving a
Redevelopment Project within the Redevelopment Area; a relocation plan meeting
the State Statutes has been included in the Plan; a cost benefit analysis
showing the impact of the Redevelopment Plan on each taxing district which is
at least partially within the boundaries of the Redevelopment Area has been prepared
in accordance with the Act; and the Redevelopment Plan does not include the
initial development or redevelopment of any gambling establishment.
1. AN ORDINANCE APPROVING ROGERS’ PLAZA TAX INCREMENT FINANCING PLAN AND
ESTABLISHING A REDEVELOPMENT AREA AND DESIGNATING ROGERS SPORTINGS GOODS AS THE
DEVELOPER OF PROJECTS 1 AND 2 – ORDINANCE
Document No. 6601 was read.
Council Member Martin 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 Martin seconded the motion. Council Member Parry asked if the TIF would
remain in place for the area, even if the applicant didn’t close on the
property. Mr. Anderson stated the TIF
would remain with the area and the development agreement would control for use
of TIF. The motion carried
unanimously. It was approved by the
Chair and is inscribed in Ordinance No. 9060.
Mayor Steinkamp opened a second public hearing and asked if anyone
wished to speak in favor of or in opposition to the second ordinance. Seeing no one, he closed the public hearing.
IX. ORDINANCES,
CONTRACTS AND RESOLUTIONS
A. ACKNOWLEDGEMENT
OF VENDOR PAYMENTS FROM NOVEMBER 17, 2006 THROUGH DECEMBER 1, 2006 – ORDINANCE
Document No. 6604 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 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. 9062.
B. *ADOPTION OF 2007 BUDGET – ORDINANCE (FIRST
READING)
City Administrator Curt Wenson stated that a
maintenance budget is proposed in 2007 with a look to the future for staffing
needs. He stated that the proposed fee changes
anticipate growth and stay with inflation.
Mayor Steinkamp noted the budget is on first reading
and there would be an opportunity for public comment.
Finance Director Linda Tyree reviewed the $40.4
million budget which includes all funds from general, capital and enterprise
funds, details of which have been presented at several study sessions. On December 4, Council directed staff to
bring the budget forward in this form with a 7% increase in various fees, which
includes 3.5% increase in the CPI in both 2005 and 2006. She noted that residency for membership at
the Community Center is proposed to expand, including the Liberty School
District. There are no proposed increases in water or
sewer rates and decreases are proposed for both the water system development
charges and sewer connection fees. Per
Council direction, the budget was developed with a 3% merit pool, funds for
Historic Downtown Liberty, Inc., the Partnership for Community Growth &
Development, the Liberty Arts Commission, Celebrate Liberty and the addition of
staff at mid-year.
Council Member Parry asked why the fees were in
separate ordinances when all were listed in the November 27 memo. Ms. Tyree stated that the increase to those
fees represent about $14,000 in anticipated revenue. Assistant City Administrator Cynthia Boecker stated some fees are
being established by ordinance, are on first reading at this meeting and would
be considered on second reading at the December 18 meeting; other changes to
established fees would be brought forward in resolutions at next week’s meeting. Council Member Parker asked for clarification
that the increases in fees were incorporated into the budget being
proposed. Ms. Tyree stated that was
correct. Mr. Wenson stated that both
planning fees and a land disturbance permit fee are included in proposed fee
changes. Mr. Parker asked if the
increased revenues for fees could be backed out of the budget if they were not
approved by Council. Ms. Tyree stated
the difference in revenues would be reflected in the budget. Council Member Parry stated the budget could
be passed on second reading and the ordinances and resolutions for fees not
approved.
Document No. 6605 was read. Mayor Steinkamp stated this is an opportunity
for public comment on the budget. Seeing
no one wishing to speak to the budget, he stated the ordinance would go to
second reading on December 18.
C. FEES
Council Member Parry asked if the water system
connection charges and sewer connection fees were a reduction of current
charges. Mr. Wenson stated that was
correct.
1. AMENDMENT
TO CITY CODE CHAPTER 29, PERTAINING TO WATER AND SEWER CONNECTIONS – ORDINANCE
(FIRST READING)
Document No. 6606 was read. Council Member Parry moved to waive the rules
and consider the ordinance on first reading.
Council Member Coe seconded the motion, which failed to receive a
unanimous vote. Mayor Steinkamp stated
the ordinance would go to second reading on December 18.
2. AMENDMENT
TO WATER SYSTEM CONNECTION CHARGES AND SEWER CONNECTION FEES – ORDINANCE (FIRST
READING)
Document No. 6607 was read. Council Member Martin moved to waive the
rules and consider the ordinance on first reading. Council Member Parry seconded the motion,
which failed to receive a unanimous vote.
Mayor Steinkamp stated the ordinance would go to second reading on
December 18.
3. ADOPTION OF LAND DISTURBANCE FEE – ORDINANCE (FIRST READING)
Mr. Wenson stated that staff is reviewing
whether to outsource this process as development grows. The fee would cover some of the costs
associated with oversight of land disturbance permits.
Document No. 6608 was read. Council Member Coe moved to waive the rules
and consider the ordinance on first reading.
Council Member Hadden seconded the motion, which failed to receive a
unanimous vote. Mayor Steinkamp stated
the ordinance would go to second reading on December 18.
D. PUBLIC
FACILITIES AUTHORITY LEASES
1. RENEWAL
OF LEASE AGREEMENT FOR COMMUNITY
CENTER –
ORDINANCE (FIRST READING)
Document No. 6609 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 Coe 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. 9063.
2. RENEWAL
OF LEASE AGREEMENT FOR SPORTS COMPLEX – ORDINANCE (FIRST READING)
Document No. 6610 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 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. 9064.
E. LEASE
AGREEMENT WITH ERRIE AND CAROLYN RAASCH FOR FARM PROPERTY – ORDINANCE
Document No. 6611 was read. Council Member Martin moved to waive the
rules and consider the ordinance on first reading. Council Member Phillips seconded the motion,
which carried unanimously.
Council Member Coe moved to approve the
ordinance. Council Member Hadden
seconded the motion, which carried unanimously.
It was approved by the Chair and is inscribed in Ordinance No. 9066.
X. OTHER BUSINESS – None.
XI.
MISCELLANEOUS
MATTERS FROM CITY ADMINISTRATOR
A. FLINTLOCK
OVERPASS PROJECT REVIEW
Mr. Wenson stated that general direction of Council is
being sought to move forward with capital improvements planning. In order to proceed with the Flintlock Overpass,
an agreement must be developed with the Liberty School
District
and the Shoal Creek TIF Commision. That
agreement would be brought forward to Council at some point next spring.
Public Works Director Steve Hansen reviewed the project
thus far and stated that staff from the Missouri Department of Transportation
(MoDOT) was present to answer Council questions. Mr. Hansen stated the purpose of the review
is two-fold: to provide a brief summary
of the project and to seek Council direction, based on the recommendations of
the Capital Improvements Committee.
Mr. Hansen reviewed the history of the project beginning
when a roadway improvement for the area first was indicated in the major street
plan element of the City’s 1987 Comprehensive Plan. At that time, the alignment was shown
extending 76th
Street on
the west side of I-35 and connecting with Liberty Drive alignment in Liberty.
In the 1990s, when the Liberty School
District
began a site search for a new middle school and junior high, a J.A. Peterson
Company property located between Stewart Road and Liberty Drive west of the Wilshire subdivision was of most
interest. Prior to the school district
completing its purchase of the property, staff recommended an alignment study
to determine the most preferable alignment of the proposed overpass. That study was completed in May 2001 and
combined the efforts of the cities of Liberty, Kansas City, MoDOT, the J.A. Peterson Company and the Liberty School
District. Recommendations consisted of the extension of
Flintlock Road beginning at its intersection with 76th Street in Kansas City extending over I-35 and connecting with Liberty Drive in Liberty. In 2001
dollars, the estimated cost of the project was approximately $18.5 million
including engineering expenses of around $1.6 million.
The School
District took the lead role
and worked with the Kansas City Shoal Creek TIF Commission to secure funding
for the project. In May 2002, the City
stated that, while it could not commit financial resources to the project at
that time, it would support and participate in efforts to secure additional
funding from outside resources. In early
2004, the Omnibus Appropriation Bill appropriated $1 million for the design of
the overpass project. In March 2004, the
Council authorized using up to $133,000 from the Roadway Development Fund for
the City’s share of the project design.
The Council also authorized the public works director to act on behalf
of the City as the project lead. Total
design costs at that time were estimated at $1.6 million.
In July 2004 the City approved an intergovernmental
agreement with the Kansas City Shoal Creek TIF Commission and the Liberty
School District to work on securing funding for the project construction; limit
Liberty’s financial obligation to $133,000 plus $67,000 in in-kind staff
project management services; splitting the remaining $467,000 to complete the
design equally between Kansas City TIF Commission and the Liberty School
District; and design costs exceeding $1.6 million would be borne equally by the
Kansas City Shoal Creek TIF Commission and the Liberty School District.
In October 2004, the Council approved a contract with
HNTB for preliminary design and environmental assessment preparation for the
overpass in the amount of $1,071,000.
This phase of the contract was funded by the City in the amount of
$131,000 and utilized $940,000 from the Omnibus Appropriations Bill.
The environmental assessment has been completed with a
finding of no significant impact (FONSI) from the Federal Highway
Administration. This finding is good for
five years and if no further progress is made on the project during that time,
it could have to be revisited.
Completion of preliminary engineering is anticipated to be completed in
the spring of 2007. Once completed and
accepted by MoDOT, a contract for final design services would be brought
forward for Council consideration.
In August 2005, Federal transportation funding
legislation (SAFETEA-LU) was authorized and included funding of $19.2 million
for the Flintlock overpass. These funds
can only be used for the Flintlock overpass project and funds would be
appropriated through MoDOT over a five year period. The program is currently programmed on the
State Transportation Improvement Program (STIP) for construction in 2008
through 2010. In November 2006, staff
was informed that Federal draw-downs and budget adjustments could reduce the
project obligation to approximately $16.5 million. With a total estimated cost of the project in
2008 dollars of $24.1 million, this would require a local match of $7.6 million
to be split evenly between the City, the Kansas City TIF Commission and the Liberty School
District. An intergovernmental agreement for this
purpose has yet to be discussed or negotiated.
A draft funding agreement has been submitted by MoDOT
to City staff for review, defining the scope of the project and outlining ownership
and maintenance responsibilities. The
agreement between MoDOT and the City places sole responsibility for the project
costs on the City. Once negotiated with
the Kansas City Shoal Creek TIF Commission and the Liberty School
District,
however, that 3-party intergovernmental agreement would add the responsibility
of the Kansas City Shoal Creek TIF Commission and the Liberty School
District to
share the project costs.
The earliest construction on the project could begin
would be late 2008 with the completion of the project not anticipated before
2010-2011. Prior to construction,
however, evidence of the local funding share must be verified. There is no time limit on that but the
verification that the local match is available must be verified before Federal
funds would be released.
Staff and the Capital Improvements Review Committee
had earlier recommended that $2.5 million for capital improvements be
designated for this project in 2009.
Those funds do not exist now but can accumulate by 2009 with the current
revenue projections. Based on earlier Council
discussions, the Capital Improvements Review Committee met again to review the
Capital Improvements Plan for roadway development. As a result of that review, the Committee
recommended the following actions: $2.5
million currently set aside for the Flintlock project in the Liberty 2010
capital plan should remain unallocated for any specific project; the completion
of the South Liberty Parkway project should remain the highest priority for the
City, while still recognizing the importance of the Flintlock overpass to the
City’s overall transportation system.
Mr. Hansen noted that both act integrally in the City’s roadway plan;
staff should continue to investigate alternative funding sources for both the
local cost share of the Flintlock overpass and the second phase of the South
Liberty Parkway; negotiations should continue with HNTB for engineering
services for the second phase of the South Liberty Parkway, funds for which are
included in the current capital plan and a contract is currently being
negotiated. The completion of engineering
would coincide with that for Flintlock in 2008, though land must be acquired
first to move forward with the second phase of South Liberty Parkway; and
negotiations should be completed with the School District and the Kansas City
Shoal Creek TIF Commission regarding provision of the local cost match for the Flintlock
overpass before taking a funding agreement with MoDOT to the Council. Staff is working to address the
intergovernmental agreement early in 2007.
Mr. Hansen concluded his presentation, noting that
staff is seeking direction from the Council regarding the recommendations from
the Capital Improvements Review Committee concerning future actions on this
project.
Following extensive discussion by Council, staff was
directed to designate the $2.5 million in the 2009 Capital Improvements Plan
for Phase II of the South Liberty Parkway and to continue efforts to seek funding for the construction
of the Flintlock overpass.
Mr.
Wenson noted that there would be no meetings on December 26 or January 2 and
Council would meet again on January 8 in a regular session.
XII.
MISCELLANEOUS
MATTERS FROM MAYOR AND CITY COUNCIL
Council
Member Martin stated that the new section of Withers Road is not lit and asked when that might occur. Mr. Hansen stated that Aquila
is in charge of that and some lights near the Community Center are working now
with others expected to be operational soon.
Mrs. Martin stated that many deer had been reported in that area and the
lighting is important.
Council
Member Hadden recommended all drive by Fire Station No. 1 and see Huck
decorated with lights.
Council
Member King stated a resident had contacted him about some sewer issues and he
would provide the information to staff.
Mayor
Steinkamp stated that contributions are down for the Community Christmas Tree
Fund and he encouraged all to consider making a donation. Council Member Parry stated that he had been
advised that current donations are going toward next year.
XIII. ADJOURNMENT
The
meeting adjourned at 9:39 p.m.
__________________________________
Mayor
Attest:
_____________________________________
Deputy City Clerk