CITY COUNCIL MEETING
MINUTES
MONDAY, OCTOBER 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 October 8, 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 – GREG DUNCAN
The invocation was given by Council Member Greg Duncan
who then led the pledge of allegiance.
III. ROLL CALL
Roll
call was answered by Paul Jenness, Ward I; Anna Marie Martin and Greg Duncan,
Ward II; Lyndell Brenton and John Parry, Ward III; and Fred Foster and Nick
King, Ward IV. Also in attendance were
Steve Hansen, Public Works Director; Craig Knouse, Police Chief; Linda Tyree,
Finance Director; Diana Adams, Special Projects Manager; Chris Deal, Parks
& Recreation Director; Gary Birch, Fire Chief; Steve Anderson, Planning
& Development Director; Dan Fernandez, Planner; Tony Sage, Information
Services Director; Shawnna Funderburk, Assistant to the City Administrator;
Jane Sharon, Deputy City Clerk; Angie Borgedalen, The Liberty Tribune; and 16
members of the public.
IV. APPROVE
MINUTES AND SUMMARIES (SEE CONSENT AGENDA)
V. CITIZENS’ PARTICIPATION
A.
PROCLAMATION FOR MISSOURI TEACHER OF THE YEAR ERIC LANGHORST
Mayor Steinkamp read and presented to Eric Langhorst a
proclamation declaring October 9, 2007 as Eric Langhorst day in Liberty in
honor of his being named Missouri Teacher of the Year.
VI. MEETING SCHEDULE
A.
REGULAR SESSION
MINUTES OF SEPTEMBER 24, 2007
Council Member Martin moved to approve the minutes as
distributed. Council Member Duncan
seconded the motion, which carried unanimously.
B.
EXECUTIVE SESSION
MINUTES OF OCTOBER 1, 2007
Council Member Martin moved to approve the minutes as
distributed. Council Member Duncan
seconded the motion, which carried unanimously.
Council Member Martin moved to approve the minutes as
distributed. Council Member Duncan
seconded the motion, which carried unanimously.
Council Member Martin moved to approve the
appointments. Council Member Duncan
seconded the motion, which carried unanimously.
E.
ACKNOWLEDGEMENT
OF CLAIM SETTLEMENT AND AUTHORIZATION OF DEDUCTIBLE PAYMENT – RESOLUTION
Council Member Martin moved to acknowledge the claim
settlement and authorization for payment of the deductible. Council Member Duncan seconded the motion,
which carried unanimously.
F.
APPOINTMENT OF
DAN ESTES AS ASSISTANT CITY ADMINISTRATOR – MOTION
G.
AUTHORIZE
EXECUTIVE SESSION TO BE HELD OCTOBER 8, 2007 IN THE COUNCIL CONFERENCE ROOM IMMEDIATELY FOLLOWING THE REGULAR SESSION 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 Martin moved to authorize the executive
session. Council Member King seconded
the motion, which carried unanimously.
H.
AUTHORIZE
EXECUTIVE SESSION TO BE HELD OCTOBER 15, 2007 IN THE COUNCIL CONFERENCE ROOM IMMEDIATELY FOLLOWING THE STUDY SESSION TO DISCUSS LITIGATION MATTERS
AS AUTHORIZED BY 610.021(1) RSMo AND REAL ESTATE MATTERS AS AUTHORIZED BY 610.021(2) RSMo –
MOTION
Mayor Steinkamp noted that legal counsel would not be
available following the study session on October 15 and asked that the time and
authorization for the meeting reflect a start time of 6:30 p.m. before the Study Session. Council Member King moved to authorize the
meeting with the amended start time.
Council Member Duncan seconded the motion, which carried unanimously.
VIII. PUBLIC HEARINGS
IX. ORDINANCES,
CONTRACTS AND RESOLUTIONS
A. ACKNOWLEDGEMENT
OF VENDOR PAYMENTS FROM SEPTEMBER 14, 2007 THROUGH SEPTEMBER 28, 2007 – ORDINANCE
Document No. 6751 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 Martin – yes; Council Member
Brenton – yes; Council Member Foster – yes; Council Member Jenness – yes;
Council Member Duncan – yes; Council Member Parry – yes; Council Member King –
yes. The motion carried unanimously; it
was approved by the Chair and inscribed in Ordinance No. 9208.
B. REZONE
4.58 ACRES FROM R-1C TO C-2 AND PRELIMINARY DEVELOPMENT PLAN FOR CLAYVIEW
COUNTRY CLUB – ORDINANCE (SECOND READING)
Staff provided a Site Section Exhibit showing which
existing trees would remain in the proposed development. Staff responded to questions about buffering
the existing large trees stating that the fill brought in to grade the site
would jeopardize the root systems of the large trees. Trees along 152 Highway and the proposed
extension across the site of Stewart Road to Blue Jay Drive would have to be removed. The southern part of the property has not
been evaluated and some of the trees in that area may be preserved.
Mayor Steinkamp noted the public hearing was held at
the last Council meeting but he would allow comment on the application by those
present.
John Davis, representing Star Development, 244 West Mill Street, stated that the trees on the site block visibility
required by national retailers. While the
developer respects the community concerns about the trees, this location is
best for a large scale development. The
developer is planning intensive landscaping and some trees will be replaced in
the plan. There will be an attempt to
make benches or a park area out of the trees on the site to preserve their
history but it is up to the Council to do what is in the best interest of the
community.
Council Member Martin expressed disappointment that
this issue was being brought to Council, believing it should have been dealt
with when Clayview Country Club sold the property to Star Development. She added this is an important gateway to Liberty and more consideration should have been given to
saving the trees like UMB Bank did at its location near this site. Mr. Davis said every option had been
investigated but with the fill materials being brought in and heavy equipment
operating near the trees would eventually cut off the oxygen and the trees
would die.
Jack Turk, 348 Lakeside Drive, asked that as much of the aesthetic beauty of the
site be retained as possible, because it is a gateway to the City that hundreds
of cars pass by daily. He suggested
another use for the site might be better than a drug store.
Michael Cheek, 1737 Welleslay Lane, stated he was not speaking for the Tree Board or
TreeLiberty on which boards he serves, but had received several calls from
concerned citizens. Mr. Cheek reviewed
the benefits trees add, stating the City needs to gain sensitivity on how development
is done. He asked that the Council
consider an ordinance requiring a permit to remove large trees.
Mario Usera, 723 Cottonwood Lane and Liberty Area Chamber Chairman, expressed the
concerns of the business community, noting it is important to build the tax
base by adding businesses. The City’s previously poor reputation among
businesses has improved as evidenced by the City receiving an award from the
Chamber, but putting more restrictions on businesses would be hurtful to the
City’s relationship with the business community. This property’s attraction to a business is
its visibility from the highway.
Alicia Stephens, Executive Director of the Partnership
for Community Growth & Development, 9 South Leonard, stated that her
business visits have revealed a lower rating each year for traffic
control. This application will provide
changes to traffic along 152 Highway that will ease this concern. Retail for the area is set and ICSC notes
that a major consideration for locating retailers is availability and
accessibility.
Carroll Makemson, 1002 Jackson Drive, stated that Clayview has long been an oasis along
152 Highway. She asked that
consideration be given to highlighting the property with trees in order to make
a difference with this very unique situation.
Phil King, 418 Lakeside Drive, stated he can see the need for economic improvements
to increase revenues as well as the need for beauty. He asked that the developer consider all
alternatives with regard to saving the older trees. The City has declared this a gateway and he
would rather see trees than a drug store sign.
Pat Miller, 1955 Kings Highway, thanked the Council for offering an opportunity for
the public to comment on annexation recently.
She stated that, in working with the Economic Engine in Liberty…For All it was mentioned that Champagne Jewelers
moved west of the highway because it couldn’t move to the Triangle. She encouraged reconsideration of limitations
and asked the negotiations to be creative enough to allow the developer to
prosper and the beauty to remain in the City.
Seeing no one else wishing to comment, Mayor Steinkamp
returned the application to Council for further discussion.
Council Member King questioned whether the applicant
would even consider taking another look at what could be done to save more
trees. Mr. Davis responded for the
applicant stating much time had been spent reviewing options pertaining to the
trees and for reasons stated previously, it was not economically feasible to
save the bur oaks. A landscaping plan
would be presented for the site with the final development plan for Council to
consider, but the tentative agreement with CVS requires the trees be removed to
address the visibility requirements.
Council Member Parry stated the move of CVS within Liberty could cause blight and because he owns property
across from the site, he would abstain in this vote.
In response to Council questions about possible
tenants, Tim Harris, Star Development, 244 West Mill Street, stated that CVS and a restaurant are ready to sign
for this development. Another restaurant
is considering the Triangle side of 152 Highway. These businesses are looking at sites outside
Liberty as well and this is an opportunity to get them
committed to a Liberty location.
Document No. 6744 was read. Council Member Duncan moved to approve the
rezoning and preliminary development plan.
Council Member Jenness seconded the motion.
Council Member Duncan stated the issue is very complex
but believed with the unanimous recommendation to approve the application made
by the Planning & Zoning Commission, and so as not to miss an opportunity
to bring in much-needed revenues, he would vote in favor of the application.
Council Member Brenton stated while pleased with the
possibility of additional development, he questioned why some design change
couldn’t be found to provide a compromise solution, such as reducing a parking
area to keep a tree.
Mayor Steinkamp asked for clarification of when the
discussion about the site plan was appropriate.
Planning & Development Director Steve Anderson stated that the
developer needs to get an understanding of Council requirements in order to
assess costs associated with this development.
Although the final development plan review will offer more detail, this
is the time for discussion by Council.
Council Member King said he agreed with many of the
comments made and wanted to save more trees, but the developer had done his
homework and that was not feasible. Mr.
King stated he would vote in favor of the ordinance.
Council Member Foster asked what would happen if the
rezoning was not approved. Staff stated
the existing zoning is single family residential, but the Council had just
changed the Comprehensive Plan so that the land use is no longer institutional
use but is now changed to commercial.
Mr. Foster stated there is no guarantee that another development could
save the trees, so he would vote in favor of the rezoning.
Council Member Brenton moved to add a stipulation to
the ordinance that three of the six bur oaks (old growth trees) be
preserved. The motion failed for lack of
a second.
The motion approving the rezoning and preliminary
development plan as presented carried 4-2-1. Council
Members Martin and Brenton voted in opposition and Council Member Parry
abstained. The ordinance was approved by
the Chair and is inscribed in Ordinance No. 9209.
C. TRANSFER
PORTIONS OF CHURCH ROAD FROM THE STATE OF MISSOURI TO THE CITY (consideration on second reading of two
ordinances to be postponed until additional information is available)
Staff requested that Council consider continuing the
two ordinances associated with transferring portions of Church Road to the City in order for more information to be
provided.
Council Member King moved to continue the two
ordinances to a December meeting when staff could provide more
information. Council Member Brenton
seconded the motion, which carried unanimously.
Council Member Duncan asked that clarification be made at that time as
to the Church
Road
transfer coming forward before the other highways that are to be considered for
transfer from the State to the City.
Document No. 6752 was read. Council Member King moved to waive the rules
and consider the ordinance on first reading.
Council Member Martin seconded the motion, which carried unanimously.
Council Member Martin moved to approve the
ordinance. Council Member Brenton
seconded the motion, which carried unanimously.
It was approved by the Chair and is inscribed in Ordinance No. 9210.
E. SETTLEMENT AGREEMENT
AND BINDING UNILATERAL AGREEMENT WITH VERIZON WIRELESS RELATING TO BUSINESS
LICENSE TAXES – ORDINANCE
Staff responded to Council questions pertaining to the
proposed settlement, noting that approximately $180,000 had been received as
protested payments with an estimated $120,000 to be paid early next year. This settlement permits the City to continue
collecting the cell phone tax. The
settlement allows Verizon to propose changes in legislation after two years,
allowing Verizon to stay competitive with other telecommunication companies
that may settle their claims. Staff will
review the City’s options and could bring forward to Council an option to send
a portion of the released revenues paid in protest to the Missouri Municipal
League.
Document No. 6753 was read. Council Member Martin moved to waive the
rules and consider the ordinance on first reading. Council Member Brenton seconded the motion,
which carried unanimously.
Council Member Brenton 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. 9211.
X. OTHER BUSINESS
XI.
MISCELLANEOUS
MATTERS FROM CITY ADMINISTRATOR
XII.
MISCELLANEOUS
MATTERS FROM MAYOR AND CITY COUNCIL
Council
Member Martin asked that there be a review of the circumstances under which a
council member can abstain from a vote.
Council Member Parry stated he believed he stood to gain if CVS moved to
the new location, but he was not interested in looking at dirt from his
property. Mayor Steinkamp stated he believes
it is an ethical consideration and needs to be reviewed. He stated that, in his opinion, unless a
council member stood to financially benefit directly from the decision,
abstaining would not be appropriate.
Council
Member King asked staff to address the signal at Claywoods and 291 Highway
where the green light has fallen to the ground.
He also noted the article on Liberty’s discussion of smoke-free ordinances and believed it
only provided part of the story. Mr.
King questioned what other issues were only being given partial coverage.
Mayor
Steinkamp asked council members who have not already done so, to contact Janet
Pittman about their plans to attend the October 20 Boards & Commissions
dinner.
He
stated the Council would convene in executive session following a short break.
XIII. ADJOURNMENT
The meeting adjourned at 8:35 p.m.
__________________________________
Mayor
Attest:
_____________________________________
Deputy City Clerk