CITY COUNCIL MEETING

MINUTES

MONDAY, JANUARY 8, 2007

 

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 January 8, 2007 with Mayor Robert T. Steinkamp presiding.  Mayor Steinkamp called the meeting to order at 7:02 p.m.

 

II.         INVOCATION AND PLEDGE OF ALLEGIANCE

 

The invocation was given by Council Member John Parry who then led the pledge of allegiance.

 

III.       ROLL CALL

 

Roll call was answered by 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; Tim Moore, Police Lieutenant; Gary Birch, Fire Chief; Mike Snider, Deputy Fire Chief; Linda Tyree, Finance Director; Tony Sage, Information Services Director; Chris Deal, Parks & Recreation Director; Steve Rulo, Parks & Open Space Manager; Dennis Dovel, Sports Complex Manager; Steve Anderson, Planning & Development Director; Rebecca Wymore, City Planner; Dan Fernandez, Planner; Sara Cooke, Public Relations Coordinator; Shawnna Funderburk, Assistant to the City Administrator; Jane Sharon, Deputy City Clerk; Legal Counsel Chris Williams; Jason Noble, The Kansas City Star; Angie Borgedalen, Liberty Tribune; and 8 members of the public.

 

IV.       APPROVE MINUTES AND SUMMARIES

 

A.        REGULAR SESSION MINUTES OF DECEMBER 11, 2006

 

Council Member King requested a correction to the name of the badge scouts were working on to “Citizenship in the Community”.  Council Member Coe moved to approve the minutes as amended.  Council Member Phillips seconded the motion, which carried unanimously.

 

B.         SPECIAL SESSION MINUTES OF DECEMBER 18, 2006

 

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

 

V.        CITIZENS’ PARTICIPATION

 

Fay Bedinger, 232 W. Franklin, asked Council to fix the streets.

 

VI.       MEETING SCHEDULE

 

VII.      CONSENT AGENDA

 

A.        AUTHORIZE EXECUTIVE SESSION TO BE HELD JANUARY 22, 2007 IN THE COUNCIL CONFERENCE ROOM AT 6:15 P.M. TO DISCUSS LITIGATION MATTERS AS AUTHORIZED BY 610.021(1) RSMo, REAL ESTATE MATTERS AS AUTHORIZED BY 610.021(2) RSMo AND CONTRACT NEGOTIATIONS AS AUTHORIZED BY 610.021(12) RSMo – MOTION

 

Council Member King moved to authorize the executive session for January 22.  Council Member Hester seconded the motion, which carried unanimously.

 

VIII.     PUBLIC HEARINGS

 

Without objection, the order of the agenda was changed and the special use permits were considered before review of the amendment to the Unified Development Ordinance, which was listed first on the agenda.

 

A.        *SPECIAL USE PERMIT TO ALLOW DINNER SERVICE AT FRANKLIN 242 BED & BREAKFAST – RESOLUTION

 

City Planner Rebecca Wymore stated that the applicant operates a bed and breakfast and proposes to add dinner service, according to the business plan filed with the planning department.  Dinner service would be provided from 7:00 p.m. to 9:00 p.m. with a maximum of eight people.  The bed and breakfast is located in the RNC, Neighborhood Conservation Residential District, which doesn’t allow this except by special use permit.  The application meets all six criteria by which special use permits are reviewed.  Ms. Wymore did note that, while the second criteria calls for the business to be adjacent to a commercial district and this business is not, it is located in what is considered a commercial building, as the bed and breakfast is operated from this location.  The Planning & Zoning Commission recommended approval of the application.

 

Council Member Phillips asked if comments had been received from any neighbors.  Ms. Wymore stated that none had been received.  She added that there is parking in front of the building and on the side and parking should not be a problem.

 

Mayor Steinkamp asked if there would be one or two seatings.  The applicant stated there would be one two-hour seating.  Council Member King asked how many menus would be available.  The applicant stated that one menu would be available and it would change every month.

 

Mayor Steinkamp opened the public hearing and asked if anyone wished to speak in favor of the application.  Richard Held, 242 W. Franklin, stated that this is a response to a request of guests and it would benefit Liberty.  He stated dinner service is the next step in the bed and breakfast providing an upscale destination.  The plan is to start with Friday dinners as it is his understanding that a separate special use permit would be required for each night for which dinner service would be provided.

 

Council Member Martin asked how many guests the bed and breakfast could accommodate.  Mr. Held said 10 could stay in the rooms available.

 

Fay Bedinger, 232 W. Franklin, stated that she lives just west of the bed and breakfast and believes the operators are doing a great job.  She added that the bed and breakfast is an advantage for the neighborhood and Liberty and she has no objections to the application.

 

Mayor Steinkamp asked if anyone else wished to speak in favor or in opposition to the application.  Seeing none, he closed the public hearing and returned discussion to the Council.

 

Council Member Coe moved to approve the special use permit.  Council Member Phillips seconded the motion.  Mr. Phillips stated that he is a neighbor of the bed and breakfast but has no financial interest in its operation; he stated he would vote on the motion.  He stated he recommended applicants working with neighbors as had happened here.  The motion carried unanimously and is inscribed in Resolution No. 2273a.

 

B.         *SPECIAL USE PERMIT FOR T-MOBILE CELL TOWER AT WARREN HILLS ELEMENTARY SCHOOL – RESOLUTION

Planner Dan Fernandez stated that the application is for a 120 foot monopole at Warren Hills Elementary School.  He reviewed the sections of the Unified Development Ordinance (UDO) that permitted this type of monopole.  He stated the monopole would be located east of the school and the antennas would not be visible.  The monopole would be enclosed by a non-climbable chain link fence.  Mr. Fernandez stated that the six criteria for special use permits are met with this application and the Planning & Zoning Commission recommended approval.

 

Council Member Martin asked about banners that would be added to the monopole.  Mr. Fernandez stated the two 40-foot banners would be attached to the monopole and would have the name of the school on them.  Council Member King asked what about the construction of the fence made it not climbable.  Mr. Fernandez stated the links were such that it was hard to get a hand-hold or foot-hold.

 

Bob Herlihy, Selective Site Consultants, 8500 W. 110^th St., Overland Park, Kansas, stated his company is the agent for T-Mobile and that discussions with the Board of Education had resulted in this method of camouflage for the monopole and antennas, which is called a stealth pole.  The banners for the school are very porous and won’t get torn up by the wind.  Mr. Herlihy referred to the fence, stating that the links are a half-inch apart, making it look opaque.  The school preferred not to have a wood or wrought iron fence.  He added that the monopole is located on the opposite side of the school site from the play area.

 

Council Member Parker asked if the monopole would be shared.  Mr. Herlihy stated the cell tower contains four co-locates.  Council Member Coe asked if the new tower would take care of the dead spots.  The applicant said it would.  He stated the applicant is also in discussions with Sprint to co-locate on a tower in Liberty for a second antenna.

 

Mayor Steinkamp opened the public hearing and asked if anyone present wished to speak in favor or in opposition to the application.  Seeing none he closed the public hearing and returned discussion to the Council.

 

Council Member King moved to approve the resolution.  Council Member Coe seconded the motion, which carried unanimously and is inscribed in Resolution No. 2274.

 

C.         *AMENDMENT TO THE UNIFIED DEVELOPMENT ORDINANCE (CHAPTER 30, LIBERTY CODE OF ORDINANCES) ESTABLISHING A ZONING DISTRICT FOR TRADITIONAL NEIGHBORHOOD DEVELOPMENT – ORDINANCE

 

City Administrator Curt Wenson stated that this amendment to the UDO would provide another tool for development in Liberty.  He stated this does not place any requirements for developers to use this option, but it is available for developments such as the one being proposed by Whittaker Homes.  A development agreement is also part of the requirements if electing to use this development.

 

Ms. Wymore noted that the information provided in the packet has been revised, striking the sentence which starts, “In the event….”  She added that references to Conditional Use Permits (CUP) are changed to refer to Special Use Permits (SUP).

 

Ms. Wymore reviewed the application to amend the City Code to establish a Traditional Neighborhood Development (TND) zoning district.  The Traditional Neighborhood Development Code uses transect zones, which are based on density.  This code may be applied to developments of 25 acres or more, or larger scale developments.  Selecting this code is completely voluntary as developers may choose to follow the TND Code, Mixed Use (MU) or Neighborhood Residential (RU) Districts.  If the TND Code is applied to a development, however, it must be applied in its entirety.  Its use would come forward as a rezoning.

 

Ms. Wymore stated that the Planning & Zoning Commission recommended approval of the amendment.

 

Council Member Parry asked why this would be used instead of other parts of the UDO already in place.  Ms. Wymore stated the TND Code could offer more flexibility to allow higher density and other options in the way it is utilized that the MU or RN district standards.

 

Mayor Steinkamp opened the public hearing and asked if anyone wished to speak in favor of the application.  Brad Goss, 1475 Fairgrounds Road, St. Charles, Missouri, stated that he was present to speak on behalf of Whittaker Development.  He stated that the advantage to this Code is that is considers zoning, landscaping and other elements all together as a whole.  The regulating plan identifies transect zones.  In the zones, a greater intensity of activity is developed at the center.  Traffic plans, architecture, landscape standards may be loose and informal in one zone versus smaller setbacks and more formal tree plantings, rigid architecture in the urban zone.  Front porches and sidewalks encourage pedestrian activity in the T-3 zone.  Mr. Goss noted there are public spaces throughout this type of development and retail and office buildings are located in the T-5 zone.  The T-6 zone is the urban core with a town center which replicates downtown Liberty.  This type of development includes traffic control, is pedestrian friendly and creates an urban setting with exciting high-end retail, light standards and formal landscaping.  A civic space at the center can take different forms.  This type of development tries to create a total neighborhood with places to worship, places for recreation as well as places to live and shop.

 

Mr. Goss continued, stating that in TND, there is a hierarchy for traffic, with pedestrian first, bicycles second and cars last.  There are neighborhood centers throughout the site and streets are laid out in a plan to create certain kinds of traffic for calming.  Streets can be closed off for events by designing creativity.  This is a different kind of development from standard commercial centers.  Mail is not delivered to houses, but is delivered and must be picked up at mail centers, to encourage neighborhood interaction.  Architectural standards are regulated through the TND Code with bollards to regulate traffic and landscaping plans, which can be very formal with organized plantings versus less dense districts, which relate to buildings.  Each phase has its own landscaping plan.

 

Mr. Goss asked for favorable consideration of the amendment, adding the zoning district and Code for Traditional Neighborhood Development.

 

Council Member King thanked the staff for the memo which provided a review of the code to be used in TND.  He asked if the “book of inspiration” referred to in the memo would be developed through the charrettes.  Mr. Goss stated that was correct and, for New Town at St. Charles bus tours had also provided participants opportunities to see how St. Louis neighborhoods had changed over time.  Mr. King asked if there were ideas in mind to address traffic issues.  Mr. Goss stated that a traffic study had been done and the charrette would examine and refine the recommendations from that study, which would go to Planning & Zoning Commission and City Council for the initial phases.  Mr. King asked if the items noted as under separate cover were still to come.  Mr. Goss said they were.

 

Mayor Steinkamp asked if anyone else wished to speak in favor or in opposition to the application.  Seeing none, he closed the public hearing.

 

Document No. 6617 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 King moved to approve the ordinance, including the Code as amended.  Council member Martin seconded the motion, which carried unanimously.  It was approved by the Chair and is inscribed in Ordinance No. 9076.

 

IX.       ORDINANCES, CONTRACTS AND RESOLUTIONS

 

A.        ACKNOWLEDGEMENT OF VENDOR PAYMENTS FROM DECEMBER 1, 2006 THROUGH DECEMBER 22, 2006 – ORDINANCE

 

Document No. 6618 was read.  Council Member King moved to approve the ordinance.  Council Member Phillips seconded the motion.

 

Council Member Martin asked about a vendor payment, which appeared to be voided in the second set.  Finance Director Linda Tyree stated that an insurance deposit had been held by the City for a property with fire damage.  When it was determined that the property owner also owed for delinquent taxes, the City voided the check and paid only half of the deposit.  Upon payment of the delinquent taxes by the property owner, the remainder of the deposit was paid to the citizen.

 

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 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. 9077.

 

B.         *FINAL PLAT FOR CREEKWOOD SUBDIVISION, PHASE II – ORDINANCE

 

Mr. Fernandez stated that the final plat includes 11.13 acres and 33 lots with a density of 2.96 units per acre.  Traditional style street widths are included, which is a narrower street than in conventional developments.  Sanitary sewer and water will be provided by connecting or extending to existing mains in Phase I.  Stormwater will be captured and conveyed by an enclosed system to Cates Creek.

 

Natural areas are protected and functional open space should be created to service as public gathering and recreational space.  Three different front yard setbacks are included in this plat – 20-foot minimum dwelling setback, a 30-foot maximum dwelling setback and a 34-foot minimum garage setback.  These setbacks ensure that the dwelling portion of each home sits closer to the street than the garage.  The Planning & Zoning Commission recommended approval of the final plat.

 

Council Member King asked staff to provide information about the issue concerning Cates Creek and the stormwater basin.  Public Works Director Steve Hansen stated that the development review by engineering staff had concluded that it meets the City’s standards.  The stormwater management plan submitted by the applicant provides for a piped system, which results in a drop of water surface elevation in a storm which would be an advantage in this case.  Adding a detention basin in the development would delay stormwater and raise elevation in the creek channel.  Mr. King asked what is showing in the design that appears to cross Cates Creek.  Mr. Hansen stated it is a drainage culvert.  Mr. King asked if it might act like a dam if the water would rise ten to twelve feet.  Mr. Hansen stated the culvert design can accommodate a 100-year flood which meets City standards.

 

Council Member Phillips asked now many single family home permits had been issued in the first phase.  Mr. Fernandez stated that only six remain of the 55 lots in Phase I.

 

Document No. 6619 was read.  Council Member Coe moved to waive the rules and consider the ordinance on first reading.  Council Member King seconded the motion, which carried unanimously.

 

Council Member Martin moved to approve the ordinance.  Council Member Phillips seconded the motion, which carried unanimously.  It was approved by the Chair and is inscribed in Ordinance No. 9078.

 

C.         *ROGERS’ PLAZA DEVELOPMENT

 

1.         AN ORDINANCE APPROVING REDEVELOPMENT PROJECT 2 OF ROGERS’ PLAZA TAX INCREMENT FINANCING PLAN AS A REDEVELOPMENT PROJECT AND ADOPTING TAX INCREMENT FINANCING THEREIN – ORDINANCE (SECOND READING)

 

Mr. Wenson stated that because of the fine work of the development team working with City staff, this project is moving forward quickly.  He stated that it is important to the developer that the City consider action on these two ordinances at this meeting.

 

City Legal Counsel Chris Williams stated that the Council had approved two project areas in Rogers Plaza at a December meeting.  Project 1 had been approved and Project 2 had been tabled until the developer was ready to move forward.  The developer now plans to grade the whole site at once; a portion of a Project 1 building is in the Project 2 area; the payoff of the TIF is anticipated in seven years, not the 23 allowed.  Due to these factors, the developer has requested that Project 2 be approved for TIF as recommended.

 

Council Member King asked, with this TIF being activated and overlapping with the Whittaker project, what coordination is taking place with regard to 291 improvements.  Planning & Development Director Steve Anderson stated that the two developers are aware of each other, though Rogers Plaza can stand alone.  Mr. King asked if the best use of roadways is being considered.  Mr. Anderson said that is correct.

 

Document No. 6603 was read.  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. 9079.

 

2.         TAX INCREMENT FINANCING REDEVELOPMENT AGREEMENT WITH ROGERS SPORTING GOODS – ORDINANCE

 

Mr. Williams stated that this agreement is the final step requiring approval for the developer to proceed with Rogers Plaza.  He stated the agreement outlines how the plan is to be implemented.  It defines the terms of Projects 1 and 2 areas, identifying public and private improvements.  The costs of the public improvements are reimbursable through TIF.  This agreement provides the source of funding through the developer, who will get a loan to build and tax revenues generated would be used to pay back the developer for some public improvements.  The agreement authorizes TIF bonds to be paid back and provides a budget which breaks out the public and private components.  These are the same as in the TIF plan approved earlier.  A schedule for 2007-2009 is included along with the duties of the parties and conditions.  A Community Improvement District (CID) for an additional 1% sales tax to pay project costs may be created.  Once created, a cooperative agreement between the City and the established taxing jurisdiction would be implemented.  The parties agree to commitments for private financing, to making improvements and having performance bonds.  Mr. Williams noted many of the same elements are included in this developer agreement as were included in the agreement with Lowe’s in the Triangle.  The City will have control over certain agreements, such as one fast food restaurant is permitted, then the City would review any subsequent plans.  Convenience stores, surplus stores, auto repair would not be permitted without City approval.  Non-retail is limited in this development.  Other businesses cannot move within the city without Council approval.  The developer has an obligation to provide progress reports; record certain documents; capture the TIF and report to the County.  The developer for the projects is defined as Rogers but the family can set up another family group to serve as developer.  The City must be notified if the controlling interest in the developer changes.

 

Mr. Williams noted there are some minor revisions being made to the agreement, including wording and correction of some typographical errors, but it is requested that the ordinance be considered on first reading due to the developer’s issues with property acquisition.  He stated the City and developer have worked hard to address moving out of the Triangle but want to retain this important business in Liberty.

 

Document No. 6620 was read.  Council Member Martin moved to waive the rules and consider the ordinance on first reading.  Council Member Hester seconded the motion, which carried unanimously.

 

Council Member King 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. 9080.

 

D.        AGREEMENT WITH METRO OFFICIALS ASSOCIATION FOR BASEBALL AND SOFTBALL OFFICIATING SERVICES AT FOUNTAIN BLUFF SPORTS COMPLEX IN AN AMOUNT NOT TO EXCEED $130,000 – ORDINANCE

 

Document No. 6621 was read.  Council Member King moved to waive the rules and consider the ordinance on first reading.  Council Member Phillips seconded the motion, which carried unanimously.

 

Council Member Martin moved to approve the ordinance.  Council Member Hester seconded the motion, which carried unanimously.  It was approved by the Chair and is inscribed in Ordinance No. 9081.

 

E.         AGREEMENT WITH LIBERTY SPORTS OFFICIALS FOR RECREATIONAL PROGRAM OFFICIATING SERVICES IN AN AMOUNT NOT TO EXCEED $105,000 – ORDINANCE

 

Document No. 6622 was read.  Council Member King moved to waive the rules and consider the ordinance on first reading.  Council Member Coe 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. 9082.

 

F.         ACCEPTANCE OF BID AND AGREEMENT WITH MARRS HURRICANE BAYS CAR WASH LLC FOR WASHING OF POLICE VEHICLES – ORDINANCE

 

Document No. 6623 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 Martin moved to approve the ordinance.  Council Member Phillips seconded the motion.  Council Member Parker asked where the car wash is located.  Council Member Coe stated it is the old Walton car wash on Liberty Drive.  The motion carried unanimously.  It was approved by the Chair and is inscribed in Ordinance No. 9083.

 

X.         OTHER BUSINESS

 

A.        PURCHASE OF CITY VEHICLES – MOTION

 

Council Member Coe moved to approve purchase of a hybrid vehicle from Chuck Anderson Ford.  Council Member Martin seconded the motion, which carried unanimously.

 

Council Member Martin moved to approve the purchase of two F250 4x4s and an SSV 4x4 from Crossley Ford.  Council Member Coe seconded the motion, which carried unanimously.

 

B.         BLANKET PURCHASE ORDER FOR VEHICLE FUEL – MOTION

 

Council Member King moved to approve the blanket purchase order.  Council Member Hester seconded the motion, which carried unanimously.

 

XI.               MISCELLANEOUS MATTERS FROM CITY ADMINISTRATOR

 

Mr. Wenson stated City Hall would be closed January 15 in observance of the Martin Luther King Jr. holiday.  There will be no meeting that week.  An executive session is scheduled for 6:15 on Monday, January 22 and the new fire apparatus will be on display at 5:30 that evening.

 

Finance Director Linda Tyree reviewed a recent ruling by the Judge in favor of the road districts.  She stated that the order requires Clay County to pay 24¢ per $100 assessed value and to continue that amount from 1988 forward.  Back payments would amount to about $6 million.  The County will appeal and it may be another year before the issue is resolved.  In the meantime there is a possibility of negotiations between the road districts and the county regarding back payments.

 

XII.            MISCELLANEOUS MATTERS FROM MAYOR AND CITY COUNCIL

 

Council Member Phillips stated that William Jewell College is hosting a celebration to honor Martin Luther King Jr. on January 15.  Mayor Steinkamp stated that he would be presenting a proclamation at the event.

 

Council Member King stated he had a code enforcement issue he would discuss with staff and thanked staff for all its work.

 

Mr. Wenson reminded the Council of the legislative breakfast scheduled Friday at 8:00 a.m. to be held at the Community Center.

 

Mayor Steinkamp stated the Whittaker group would start the charrettes for the New Town project on January 17 and he encouraged the Council to attend the sessions, which would wrap-up on January 23.  Mr. Anderson stated that, with the exception of the first session on the 17^th, all the charrette activity would be at Heritage Hall.  He stated there is information on the City’s website and the newsletter was widely distributed.  Copies are available in City Hall as well.  Council Member Martin asked which were the main sessions.  Mr. Anderson said there would be an information session for public officials at 2 p.m. on January 17 and the wrap-up presentation is on January 23.

 

XIII.     ADJOURNMENT

 

The meeting adjourned at 8:35 p.m.

 

 

                                                                                    __________________________________

Mayor

Attest:

 

 

_____________________________________

Deputy City Clerk