CITY COUNCIL MEETING
MINUTES
MONDAY, MARCH 26, 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 March 26, 2007 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 Juarenne
Hester 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; Steve Hansen, Public Works Director; Gary Birch, Fire
Chief; Craig Knouse, Police Chief; Linda Tyree, Finance Director; Marcella
McCoy, Finance Manager; Diana Adams, Special Projects Manager; Kathy Goode,
Accounting Coordinator; Steve Anderson, Planning & Development Director; Rebecca
Wymore, City Planner; Dan Fernandez, Planner; Tony Sage, Information Services
Director; Brian Hess, City Engineer; Shawnna Funderburk, Assistant to the City
Administrator; Sara Cooke, Public Relations Coordinator; Jane Sharon, Deputy
City Clerk; Jason Noble, The Kansas City Star; Angie Borgedalen, Liberty
Tribune and 50 members of the public.
IV. APPROVE
MINUTES AND SUMMARIES
A. REGULAR SESSION MINUTES OF MARCH 12, 2007
Council Member King moved to approve the minutes as
distributed. Council Member Martin
seconded the motion, which carried unanimously.
B. SPECIAL SESSION MINUTES OF MARCH 19, 2007
Council Member Coe moved to approve the minutes as
distributed. Council Member Hadden
seconded the motion, which carried unanimously.
C. EXECUTIVE SESSION MINUTES OF MARCH 19, 2007
Council Member King moved to approve the minutes as
distributed. Council Member Phillips
seconded the motion, which carried unanimously.
V. CITIZENS’ PARTICIPATION
A. PROCLAMATION
FOR STUDENTS TESTIFYING IN STATE LEGISLATURE HEARINGS PERTAINING TO SB284
Mayor Steinkamp read the proclamation commending the Liberty High
School
journalism students and their advisor for participating in the legislative
process in Jefferson
City and
presented them with the proclamation.
B. PROCLAMATION
PERTAINING TO DAYS OF REMEMBRANCE IN MEMORY OF THE VICTIMS OF THE HOLOCAUST
Mayor Steinkamp read the proclamation remembering
victims of the Holocaust and presented it to Council Member Juarenne
Hester. Council Member Hester accepted
the proclamation on behalf of Brian Taylor, Director of the Liberty Community
Chorus, which planned to perform music during events remembering the Holocaust
at William Jewell College the week of April 15-22.
C.
PROCLAMATION FOR
PUBLIC HEALTH WEEK
Mayor Steinkamp read and presented a proclamation for
Public Health Week to Clay County Health Center Director Gary Zaborac.
Don Dando, 2515 Hughes Road, thanked the City Council, Mayor and City staff for
setting up computers for use by seniors at the Senior Center. He stated
that the seniors were getting oriented to using the Internet and would be
expanding to Microsoft Word in their classes.
He again encouraged the Council to visit the Senior Center.
VI. MEETING SCHEDULE
VIII. PUBLIC HEARINGS
A. *REZONING
APPROXIMATELY 939 ACRES FROM R-1A, SUBURBAN RESIDENTIAL DISTRICT, TO TND,
TRADITIONAL NEIGHBORHOOD DEVELOPMENT AND PRELIMINDARY DEVELOPMENT PLAN –
ORDINANCE [P&Z CASE NO.
06-060R&PDP] (to be continued to April 23, 2007 Regular Session)
Mayor Steinkamp reopened the public hearing and stated
that the applicant had requested consideration of the rezoning application be
continued to be considered with the development agreement. Council Member Phillips moved to continue the
public hearing and consideration of the rezoning application to the April 23, 2007 regular session.
Council Member Hester seconded the motion, which carried unanimously.
IX. ORDINANCES,
CONTRACTS AND RESOLUTIONS
A. ACKNOWLEDGEMENT
OF VENDOR PAYMENTS FROM MARCH 2, 2007 THROUGH MARCH 16, 2007 – ORDINANCE
Document No. 6650 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. 9110.
B. AMENDMENT
TO 2007 BUDGET – ORDINANCE
Document No. 6651 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 the
required unanimous approval, with Council Member Parry and Council Member King
voting in opposition.
Council Member Parry moved to continue second reading
of the ordinance to the April 23, 2007 regular session.
Council Member King seconded the motion.
Council Member Martin asked why the delay was needed. Mr. Parry stated it would provide him more
time to get information that would answer his questions about the
encumbrances. The motion carried 5-3-0. Council
Member Martin, Council Member Hadden and Council Member Phillips voted in
opposition.
Mayor Steinkamp stated that the ordinance would be
considered at the April 23 regular session.
C. *FINAL
DEVELOPMENT PLAN FOR 24,000 SQ FT BUILDING FOR LOT
8, OAKWOOD BUSINESS PARK – RESOLUTION
Planner Dan Fernandez reviewed the final development
plan application for a 24,000 square foot building on Lot
8 in Oakwood Business Park. He stated the
deliveries would be on the west side of the building and stated this would be
an office-warehouse combination. He
noted there would be extensive landscaping.
Mr. Fernandez stated the Planning & Zoning Commission recommended
approval.
Mayor Steinkamp asked for the site location in
relation to the health center. Mr.
Fernandez stated it would be to the north of the health center and next door to
the Freedom House site.
Council Member Martin moved to approve the
resolution. Council Member Coe seconded
the motion, which carried unanimously and is inscribed in Resolution No. 2283.
D. *BLACKBERRY
DEVELOPMENT
City Planner Rebecca Wymore reviewed the development,
stating it is south of the Community Center.
She noted the current land use is open space and Mixed Use District
(MU). The final plat includes a right-of-way
for two proposed streets, Blackberry Drive and Adeline Drive. The
preliminary development plan was approved with the rezoning of the development
to mixed use and the Planning & Zoning Commission recommends approval of
the final plat.
Ms. Wymore continued her review, noting that the final
development plan includes six mixed-use buildings, which could include retail,
office and residential space. As
drive-throughs are not permitted outright in mixed use, a variance would be
required to approve the two drive-throughs proposed in the development.
The Community Center’s more southern access from Withers Road would be removed and access provided via the proposed
Blackberry Drive. A secondary
access would be included at the south end of the site that would allow for
right-in and right-turn movement.
Two-story buildings from 8,300 square feet to 11,000 square feet are
proposed with a dumpster in islands in the parking lot proposed with screening. Ms. Wymore noted that staff recommends
reducing the number of dumpsters to only one and moving it so as not to impede
parking, sight distance and traffic circulation. Brick, simulated stone and Exterior
Insulation and Finish Systems (EIFS), with metal coping and tile accents are
proposed in the building design.
Ms. Wymore stated that the Planning & Zoning
Commission recommended approval of the final development plan with the
following stipulations: 1) A variance
shall be granted to permit two small-scaled drive throughs on the site provided
they are not for fast-food service and provided adequate stacking space is
included once tenants are identified; and 2) the dumpster(s) shall be situated
in an area that minimizes their visual impact on the site.
Council Member Parker asked for clarification of the
entrance to the Community Center. Ms.
Wymore stated the Community Center southern-most entrance would be moved from
off of Withers
Road to off
of the proposed Blackberry
Drive.
Council Member Hadden asked if the development would
permit overflow parking for the Community Center during evening events. Ms. Wymore stated the applicant is open to
that possibility. Mrs. Hadden expressed
concern about that when tenants are identified.
Ms. Wymore stated that is not part of the application, but the applicant
is willing to work with the City. Mayor
Steinkamp stated that Blackberry Drive is proposed as a public road and could not be
closed. Ms. Wymore stated that was
correct. Council Member Martin asked for
examples of what types of businesses might use the small-scale
drive-throughs. Ms. Wymore stated it
could be for a small bank, but no tenants have been identified at this
time. The plan calls for the
drive-throughs to be attached to the buildings and would not accommodate a
large number of cars. Mayor Steinkamp clarified
that the drive-throughs meet the City’s standards. Ms. Wymore said they do.
Applicant Joe Duffey, 1730 S. Withers Road, stated that he and his wife are proposing this
development, the east half of which is coming forward now and he anticipates returning
with an application to develop the west half as residential at a later time. He stated they are giving park ground which
can be connected to a walking trail. He
reviewed the divided entry to the Community Center, where the existing southern
entry would be cut out and new access off Blackberry Drive would be provided.
Access to the Community Center parking lot would be possible off Adeline
and a sidewalk extending from the Community Center to the new development is
included in the plan. He stated that
with the Planning & Zoning Commission’s recommendation for approval he had
turned the engineers loose and anticipated being able to turn dirt in May.
1. FINAL
PLAT – ORDINANCE
Document No. 6652 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. Council Member Hester
seconded the motion, which carried unanimously.
It was approved by the Chair and is inscribed in Ordinance No. 9111.
2. FINAL
DEVELOPMENT PLAN – RESOLUTION
Council Member Coe moved to approve the final
development plan. Council Member Hadden
seconded the motion, which carried unanimously and is inscribed in Resolution
No. 2284.
E. *FINAL DEVELOPMENT PLAN FOR NOTTINGHAM POINTE APARTMENTS LOCATED AT NOTTINGHAM DRIVE AND FOREST AVENUE – RESOLUTION
Mr. Fernandez reviewed the application for a final
development plan on a 16.84 acre lot where 180 units are proposed for nine
buildings. The density would be 10.7
units per acre. Forest Ave. would be improved to a 36-foot wide collector street
from the northern boundary of the development to M-291 Highway. The intersection at M-291 Highway and
redeveloped Forest
Avenue would
be signalized as part of the Liberty Triangle development. Nottingham Drive would be narrowed to 32 feet wide as it descends the
slope and intersects with Forest Avenue.
The eastern side of the site would be served by a
sanitary sewer main extended along Nottingham Drive, with the western side served by an existing main
located along Forest
Avenue. Larger capacity curb inlets and providing
inlets to compensate for the steep grades of the site are also included in the
plan. Stormwater would be captured
on-site and then piped to one of two detention basins located near the
property’s southeast corner and on the west side of Forest Avenue. The applicant
would upgrade the existing four-inch water line to an eight-inch line and
connect to the main that will be extended along Nottingham Drive.
Sidewalks are to be located throughout the interior of
the site for pedestrian access. There
would be 359 parking spaces and landscaping to buffer the site from nearby
single-family homes. Seven retaining
walls would be added to the site, ranging in height from four feet to
thirty-four feet. A stipulation has been
included by staff stating that the details of the retaining walls will be
submitted and approved prior to obtaining building permits. The Planning & Zoning Commission
recommended approval of the final development plan with the stipulation.
Council Member Hadden asked if the traffic signal that
is part of the Liberty Triangle development requires warrants. City Engineer Brian Hess stated that the traffic
signal is part of the design extending College Street and the warrants were there at the time that
extension was designed. The warrants for
a signal on Forest are not anticipated until the site is more developed.
Council Member King asked about the plans for the lake
area on the site. Mr. Fernandez stated
that no changes to the lake are included in the development plan and so it
would remain as is with the development as proposed. Mr. King asked about the buffering associated
with the 34-foot retaining wall.
Planning & Development Director Steve Anderson stated that the
City’s building code requires a minimum height for a guard rail. Mr. King asked about the distance of the wall
from the existing single family homes.
Mr. Fernandez stated it would not be up against the homes and there
would be some distance from them to the retaining wall. Mr. King expressed concern about shorter hand
rails. Mr. Fernandez stated that staff
is working with the applicant on the design of the railings for the retaining
wall. Council Member Hadden asked if
this wall would be similar to the one on Kansas Street. Mr. Anderson
stated it is but may be higher than that with the new codes. Mrs. Hadden asked if the Corps of Engineers’
review should be a stipulation. Mr.
Anderson stated it is a requirement from the earlier settlement agreement. Council Member Parry asked if the area could
be graded down. Mr. Fernandez stated
that the design had been reviewed by the City engineer and the Building
Division staff.
Council Member Phillips asked about the detention
basins and if they could be dry or full of rain, depending on the weather
conditions. Mr. Hess stated that was
correct. Mr. Phillips asked who would
conduct the inventory of trees included in the plan. Mr. Fernandez stated the applicant would
contract with someone to do that and the Parks’ Department staff would also
review the inventory.
Council Member King stated he was concerned about the
drop off from the retaining wall and was concerned about what the staff would
review when considering the retaining wall, railing and landscaping.
Joe Duffey, 1730S. Withers Road, stated he was asking
for reapproval of a plan that had been approved two years ago. He stated the retaining walls are very
similar to the one on Kansas Street and they are lowering the site four to five
feet. Council Member Parry asked for
clarification of what was being done with regard to grading. Mr. Duffey stated he wants the retaining wall
to be safe and look nice. He addressed
earlier questions about stormwater detention, stating that 90% of the detention
would be on site. Earlier drainage plans
called for half of the drainage to go to the east and the other half to go to
the west. This plan directs eighty to
ninety percent to the west, which would not affect the stream as much as the
earlier design.
Mayor Steinkamp asked about the conservation
easements. Mr. Duffey stated these
easements would become part of the development.
Council Member Martin asked when work might begin on
the project. Mr. Duffey stated if the
bond funds are allocated by the State, which could be in April or May, the
project could get started this summer.
Council Member Phillips asked if the bonds had to do with the senior
housing. Mr. Duffey stated that was correct
and one of the retention basins is on that site.
Mayor Steinkamp stated that, while this application
does not require a public hearing, he would permit comments from those present
and asked them to limit their remarks to no more than three minutes.
Frances Gatlin, 543 Nottingham Place, stated she supported other developments by Mr.
Duffey but was concerned about sight lines and wanted more information about
the topography.
Tom Siler, 510 Nottingham Place, stated that most of his questions had been voiced by
Council but he, too, had concerns about the topography as well as about
concerns for children with the significant wall elevations. He asked what buffer there would be between
the apartments and existing residential, noting the aerials don’t really show
how close this development would be to existing residential. Mr. Siler asked if HUD housing would be
included in this development. Mr. Duffey
stated there are no plans to include HUD housing in this development.
Frank Conyers, 539 Nottingham Place, asked about the distance from the wooded area behind
the property to existing homes. Mr.
Duffey stated the wooded area is in the conservation easement, which cannot be
touched. Mr. Conyers asked if the
drainage would cause more water toward the homes.
Mr. Duffey stated there would be less, due to the
change in design. Mr. Conyers asked if
anything is being planned for the area next to the church. Mr. Duffey stated that is not on his property
and noted that nothing can be built in the conservation easements, even by the
buyers of the property. There is a
60-foot buffer near the wall. Mr.
Conyers asked that a chain link fence not be placed on top of the wall.
Mark Weber, 421 Locust, stated he was impressed with
the significant improvements made to the plan.
There will be less water and a conservation easement with a minimum of
60 feet. He stated the wall is
problematic, but it is the developer’s problem to work out. He added he is glad the trees are to be
counted and thanked the planners for moving the trash. Mr. Weber congratulated the developer on the
improvements he had made to the plan.
Mr. Duffey stated the retaining walls would be
engineered according to strict standards.
He referred to one near Flintlock that is at least 20 feet in height. He stated he would never use chain link on
the retaining wall and wants to include something that would stop people from
falling off the wall. He stated the
slope has been lowered four feet and that brought down the maximum grades to
improve sight distances. He added that
he would be conducting the tree inventory for the site.
Council Member Hester asked about what the tree
inventory would determine. Mr. Duffey
stated it is a staff requirement. Mr.
Fernandez reviewed the City’s standards which require two trees to be planted
for every tree at least two inches in caliper that is removed. He added that the Parks Department staff has
already requested that eight trees be retained in the development.
Council Member Hadden asked if the applicant’s responses
to questions about conservation easements included areas buffering other
residential areas. Mr. Duffey said they
did.
Council Member King moved to approve the final
development plan with an addition to the stipulation that “staff take
particular care with respect to fencing atop the wall.” Council Member Parry seconded the
motion. Council Member Hadden stated
this is a great improvement and this housing is very much needed in Liberty. She thanked
the developer for working with staff to make the changes. Council Member Coe thanked the applicant for
this plan and stated he is confident the developer will do a good job,
sufficient to satisfy everyone. Council
Member Phillips stated this is renewing approval of a plan approved in 2004 and
with the added improvements. The motion
carried unanimously and is inscribed in Resolution No. 2285.
F. ADOPTION
OF COMPREHENSIVE ECONOMIC DEVELOPMENT INCENTIVES POLICY – RESOLUTION
Council Member King moved to approve the
resolution. Council Member Parry seconded
the motion, which carried unanimously and is inscribed in Resolution No. 2286.
G. TEMPORARY
LIQUOR LICENSE FOR APRIL 26 EVENT AT CORBIN THEATRE – RESOLUTION
Mayor Steinkamp noted the resolution should be
corrected to note the event is on April 26, 2007. Council
Member Martin moved to approve the resolution.
Council Member Coe seconded the motion, which carried 7-0-1 and is
inscribed in Resolution No. 2287.
Council Member Hester abstained due to a conflict of interest.
H. AMENDMENT
TO CONTRACT WITH BURNS & MCDONNELL IN THE AMOUNT OF $15,000 FOR WELL FIELD
EXPANSION AND RAW WATER PIPELINE PROJECT – ORDINANCE
Document No. 6653 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 Phillips
seconded the motion, which carried unanimously.
It was approved by the Chair and is inscribed in Ordinance No. 9112.
I. CONTRACT
WITH BARTLETT & WEST ENGINEERS, INC. IN AN AMOUNT NOT TO EXCEED $70,000 FOR
DESIGN SERVICES TO IMPROVE DRAINAGE TO STORM SEWERS ALONG NORTH FAIRVIEW AND
KINGSTON – ORDINANCE
Document No. 6654 was read. Council Member Phillips 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 Hester
seconded the motion, which carried unanimously.
It was approved by the Chair and is inscribed in Ordinance No. 9113.
J. CONTRACT
WITH HNTB CORPORATION IN AN AMOUNT NOT TO EXCEED $718,700 PERTAINING TO DESIGN
OF THE SOUTH LIBERTY PARKWAY, PHASE 2 – ORDINANCE
Document No. 6655 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 Coe moved to approve the
ordinance. Council Member Hadden
seconded the motion. Council Member King
stated he was pleased to see this important step moving forward for the next
phase of South
Liberty Parkway. Council Member Martin asked for clarification
of the 60% plan completion reference in the staff report. Public Works Director Steve Hansen stated
this would not be the full bridge design and some substructure is not included
in this contract. The project would be
designed but bids wouldn’t come off this document. This would provide a good cost estimate for a
financing strategy. To get to 100%
design would cost twice this contract amount.
Council Member Hester asked about the timeframe for this design. Mr. Hansen stated it was anticipated a design
could be completed by late spring of 2008.
The cost estimate portion could be available sooner. The motion carried unanimously. It was approved by the Chair and is inscribed
in Ordinance No. 9114.
K. CONTRACT
WITH OLSSON ASSOCIATES IN AN AMOUNT NOT TO EXCEED $79,750 FOR ENGINEERING
SERVICES FOR THE COLLEGE PARK NEIGHBORHOOD IMPROVEMENTS – ORDINANCE
Document No. 6656 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. Council Member Coe
questioned the cost for such a small area compared to the Craig Crest
neighborhood improvements. Mr. Hess
stated that this area is larger than Craig Crest with hills on College at Jefferson. He added that work would be
done to tie into existing improvements for stormwater and sanitary sewer. Mr. Hess noted this project is more similar
to the Virginia Heights project. Mr.
Coe asked if the services had been bid out.
Mr. Hess said they had. The
motion carried unanimously. It was
approved by the Chair and is inscribed in Ordinance No. 9115.
X. OTHER BUSINESS – None.
XI.
MISCELLANEOUS
MATTERS FROM CITY ADMINISTRATOR
City
Administrator Curt Wenson stated there would be no meeting on April 2. He stated that a meeting had been scheduled
on April 12 with the Partnership for Community Growth & Development and the
Chamber of Commerce at the Community Center to review sign regulations.
XII.
MISCELLANEOUS
MATTERS FROM MAYOR AND CITY COUNCIL
Council
Member King stated he had enjoyed working with Council Members Coe, Hester and
Parker and had learned a lot from each of them.
Mayor
Steinkamp stated they would meet in executive session after a 10 minute
break. He added that a reception for the
outgoing Council was planned for 5:30 p.m. before the April 9 split session.
XIII. ADJOURNMENT
The meeting adjourned at 8:33 p.m.
____________________________
Mayor
Attest:
______________________________________
Deputy City Clerk