CITY COUNCIL MEETING
MINUTES
MONDAY, JUNE 23, 2008
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 June 23, 2008 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 Greg Duncan, who then led the
pledge of allegiance.
III. ROLL CALL
Roll
call was answered by Paul Jenness and Harold Phillips, Ward I; Greg Duncan and
Anna Marie Martin, Ward II; and Fred Foster and Nick King, Ward IV. Also in attendance were Curt Wenson, City
Administrator; Dan Estes, Assistant City Administrator; Steve Hansen, Public
Works Director; Brian Hess, City Engineer; Craig Knouse, Police Chief; Marcella
McCoy, Finance Manager; Diana Adams, Special Projects Manager; Celia McBride,
Finance Analyst; Steve Anderson, Development Director; Dan Fernandez, Planner;
Katherine Burr, Planner; Gary Birch, Fire Chief; Dennis Dovel, Sports Complex
Manager; Donna Kay Taylor, Community Center Manager; Shawnna Funderburk,
Assistant to the City Administrator; Jane Sharon, Deputy City Clerk; Alvin
Chang, The Kansas City Star; and 17 members of the public.
IV. APPROVE
MINUTES AND SUMMARIES (SEE CONSENT AGENDA)
V. CITIZENS’ PARTICIPATION
Mayor
Steinkamp welcomed Boy Scout Daniel Burke with Troop 397 who is working on his
Communications Badge.
VI. MEETING SCHEDULE
VIII. PUBLIC HEARINGS
A. *SPECIAL USE PERMIT FOR AT&T, UTILITY BOXES AT 1563 SMILEY ST, 238 RANGE LINE RD, AND 1001 S. LIBERTY DR. – RESOLUTION
Staff reviewed the application for placement of
utility boxes in three Liberty locations by the applicant. It was noted that two of the three boxes were
placed prior to the Planning Commission or City Council approving special use
permits and were after-the-fact submittals.
Having met the requirements for special use permits staff recommended
approval. The Planning & Zoning
Commission recommended approval 9-0. In
response to Council questions staff reviewed the landscaping proposed at each
location and agreed to work with the applicant on a plan to add landscaping on
the street side of the boxes. The City
Code provides some protection to property owners, as it requires the boxes to be
placed in the rear or side yards where possible, landscaping must be addressed
and unused boxes must be removed within six months. Eleven additional boxes are being proposed by
the applicant and six of those would not require special use permits. The five which require special use permits will
be in front of the Planning & Zoning Commission and City Council for
consideration in July. The signs about
the public hearing will be placed at the proposed sites later this week. Staff reviews each location and works with
the applicant to get the best possible placement of the boxes. State law does not allow cities to regulate
these boxes except within narrow parameters.
Mayor Steinkamp opened the public hearing and asked if
anyone wished to speak to the application.
Mike Chambers, representing AT&T, 500 E. 8th Street, Kansas
City, Missouri, stated the three boxes being considered tonight were
the first in the plan and, while a building permit was applied for, work was
stopped when staff informed the applicant that a special use permit would be required. The new boxes have to be close to existing
boxes for the connection to television service.
AT&T believes this is a better solution than fiber optic going
directly to houses, because that is very disruptive. Mr. Chambers noted AT&T would be receptive
to screening on the street side of the larger boxes. He added that AT&T had contracted with a
vendor for smaller boxes, so the size will be reduced in the future when these
are available. Placement underground is
not an option due to temperature and moisture being issues. These above-ground boxes are coated to make
graffiti easily removable. Several of
the boxes have been placed in the rear or side yard. Liberty is the only city with these restrictions related to
placement. Of the letters that have been
mailed to adjacent property owners, no negative comments have been received.
In response to Council questions, Mr. Chambers stated
that underground vaults would require large vaults and be covered by a metal
grate. The delivery of service is different
from cable because this is an internet connection. The work of placing utility boxes will
continue until completed sometime between July and late September.
Mayor Steinkamp asked if anyone else wished to speak
to the application.
Fay Bedinger, 232 West Franklin, expressed opposition to the boxes being
allowed. John Davis, 244 W. Mill Street, asked if the boxes were being placed in platted
easements. Staff responded that they are
in rights-of-way or existing utility easements.
Seeing no one else wishing to speak, Mayor Steinkamp
closed the public hearing.
Council Member King moved to approve the
resolution. Council Member Jenness
seconded the motion, which carried 4-2-0. Council
Member Martin and Council Member Phillips voted in opposition. The resolution is inscribed in Resolution No.
2362.
B.
*REZONE
AND PRELIMINARY DEVELOPMENT PLAN FOR 4 LOTS & 1 TRACT SOUTH OF KANSAS, BETWEEN CONISTOR & BLUE JAY DRIVE – ORDINANCE
Staff reviewed the application to rezone
property from R-1C, Standard Single Family Residential District to C-2, General
Business District which is accompanied by a preliminary development plan. The site is adjacent to a variety of land
uses and commercial zoning is considered appropriate. The preliminary development plan provides a
conceptual plan for the site and future development plans will address more
details. The site is served by adequate
public facilities. The Missouri
Department of Natural Resources (DNR) has approved the applicant’s plan to
enclose the majority of the stream located on the western side of the site. An inventory of existing trees will be
required with the final development plan.
The Planning & Zoning Commission recommended approval by a vote of
9-0 with the stipulation that “a tree inventory survey, in accordance with the
Unified Development Ordinance, shall be submitted prior to the approval of any
final plans or permits.
In response to Council questions, staff
stated that a turn lane would be added on Conistor and there would be a traffic
signal at the point where the private street intersected with Conistor.
Mayor Steinkamp opened the public hearing
and asked if anyone wished to speak to the application. John Davis, representing Star Development,
244 West Mill, stated the box to enclose the stream would be precast or a form
for a concrete enclosure. It would serve
as a giant conduit conveying storm water 785 feet to the open stream
corridor. DNR requires the open stream
area remain natural and the applicant will use it as an asset and design a
pedestrian walkway. The water goes to
the detention basin east of Lowe’s and would be maintained by the City. Staff added that the enclosure would be
easily maintained until there would be higher costs due to its eventual
deterioration. Mr. Davis noted that the
storm water would be slowed down through the area by use of rip-rap.
Mayor Steinkamp asked if anyone else
wished to speak to the application.
Seeing none he closed the public hearing.
Document No. 6870 was read. Council Member Duncan moved to waive the
rules and consider the ordinance on first reading. Council Member Jenness 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. 9324.
C.
ALCOHOL AT
OUTDOOR EVENTS
1.
AMENDMENT TO CITY
CODE PERTAINING TO ALCOHOL AT OUTDOOR EVENTS – ORDINANCE (Related to outdoor patio amendment below; does not require public
hearing)
In response to Council questions, staff stated the
area in which the event is to occur would be reviewed by staff with each
applicant. Staff discussion resulted in
the position that defining a specific area where alcohol would be allowed is
more manageable and provides better control.
Council approval would continue to be required for temporary event
liquor licenses, including those proposed on public property. The 185 foot distance within which property
owners are to be notified is based on what is already in the planning
requirements for notification under other applications. Police have participated in all discussions
as the amendments were developed. Police
would participate in the review of all applications and address issues specific
to each proposed event and have a sense from prior experience in other cities
what best practices should be followed to minimize concerns. The Park Board recommended the Council
consider establishing a policy that would permit alcohol at some sports complex
events and asked that the Board be allowed to review and comment on any policy
that would be considered by Council. The
amendments being considered make it possible if a policy is established by
Council but staff is seeking Council direction about whether to move forward on
development of a policy for alcohol at the sports complex.
Document No. 6871 was read. Council Member Martin moved to waive the
rules and consider the ordinance on first reading. Council Member Jenness seconded the motion.
Without a unanimous vote, Mayor Steinkamp announced the ordinance would go to
second reading on the July 14 agenda.
2.
AMENDMENT TO THE
UNIFIED DEVELOPMENT ORDINANCE PERTAINING TO OUTDOOR PATIOS – ORDINANCE
In response to Council questions, staff noted that it
is the responsibility of the business owner to operate within the space
designated for the premises and to maintain the premises in accordance with
City ordinances and State law, whether that part of the premises is inside or
outdoors. Staff added that, for the most
part, these outdoor patios would be approved administratively. Language stating the premises needing to be
“physically defined” that allows for interpretation of each application as it
comes forward. State regulations also
require the premises to be specifically defined in the application for a liquor
license. Language regarding signage for
outdoor patios, which was included in the zoning regulations prior to the
Unified Development Ordinance being adopted, has been removed because it is
included elsewhere and is no longer necessary.
Mayor Steinkamp opened the public hearing and asked if
anyone present wished to speak to the amendment. Seeing no one he closed the public hearing.
Document No. 6872 was read. Council Member Jenness moved to waive the
rules and consider the ordinance on first reading. Council Member Martin seconded the motion,
which carried unanimously.
Council Member Jenness moved to approve the
ordinance. Council Member Phillips
seconded the motion. Council Member
Martin stated this would be an asset to businesses on the square and was sorry
it had not been done sooner. The motion
carried unanimously. It was approved by
the Chair and is inscribed in Ordinance No. 9325.
IX. ORDINANCES, CONTRACTS AND RESOLUTIONS
A. ACKNOWLEDGEMENT
OF VENDOR PAYMENTS FROM MAY 30, 2008 THROUGH JUNE 13, 2008 – ORDINANCE
Document No. 6873 was read. In response to Council questions, staff
reviewed a concern expressed by a citizen and staff’s response regarding
headstones being knocked over in the cemetery.
Large markers tend to settle and tipping does occur. The cost to re-seat the stone is the
responsibility of the lot owner unless it is determined to have been damaged
during the mowing process. The cost of
asphalt has increased, recently to about $53 per ton. For patching asphalt which was recently
purchased by the City to take care of potholes, the cost is a little less.
Document No. 6873 was read. Council Member King moved to approve the vendor
payments. Council Member Martin seconded
the motion. Vote on the motion was as
follows: Council Member Phillips – yes;
Council Member Martin – yes; Council Member Foster – yes; Council Member
Jenness – yes; Council Member Duncan – yes; Council Member King – yes. The motion carried unanimously; it was
approved by the Chair and inscribed in Ordinance No. 9326.
B.
AMENDMENT TO 2008
BUDGET INCORPORATING TELECOM SETTLEMENT FUNDS – ORDINANCE (SECOND READING)
Document No. 6864 was read. Council Member King moved to continue second
reading to July 7, 2008 to allow some additional information he requested to be provided by
staff. Council Member Foster seconded
the motion. Following a brief
discussion, the motion carried unanimously.
Mayor Steinkamp asked staff to schedule a special session following the
study session on July 7, 2008.
C. 2008
STREET RESTORATION PROJECT
At the Mayor’s request, staff clarified that the two
items related to the 2008 street restoration project should be considered on July 7, 2008 after consideration of the 2008 budget amendment,
which is on second reading.
1. CONTRACT
WITH SUPERIOR BOWEN IN AN AMOUNT NOT TO EXCEED $1,148,400 –
ORDINANCE
Council Member Phillips moved to continue this matter
to the July 7, 2008 special
session. Council Member Martin seconded
the motion. The motion carried unanimously.
2. AMENDMENT
TO CONTRACT WITH SUPERIOR BOWEN INCREASING THE AMOUNT BY $190,000 TO $1,338,400
– ORDINANCE FINAL PLAT FOR BLUE JAY CROSSING, 1ST PLAT – ORDINANCE
Council Member Martin moved to continue this matter to
the July
7, 2008 special session. Council Member King seconded the motion. Following a discussion about the requirements
for two readings of the ordinance, Council Member Martin and Council Member
King withdrew their motion and second.
Council Member Phillips moved to rescind the previous
action continuing the contract with Superior Bowen to the July 7, 2008 meeting for first reading. Council Member Martin seconded the motion,
which carried 4-2-0. Council Member Foster and Council Member King
voted in opposition to the motion.
Document No. 6874 was read. Council Member Phillips moved to waive the
rules and consider the ordinance approving a contract with Superior Bowen in an
amount not to exceed $1,148,400 on first reading. Council Member Martin seconded the
motion. Due to lack of a unanimous
favorable vote, the ordinance will be taken to second reading. Without objection, Mayor Steinkamp stated the
second reading of this ordinance would occur at the July 7, 2008 special session.
Document No. 6875 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. Due to lack
of a unanimous favorable vote, the ordinance will be taken to second
reading. Without objection, Mayor Steinkamp
stated the second reading of this ordinance would occur at the July 7, 2008 special session.
D.
FINAL PLAT FOR WESTOVER COMMONS, 2ND PLAT, CLAYVIEW DRIVE AND GUINEVERE DRIVE – ORDINANCE
In response to Council questions, staff clarified that
one of the documents in the materials provided is a conceptual plan for the
terminus of Lancelot
Drive in the
development.
Document No. 6876 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 Phillips
seconded the motion, which carried unanimously.
It was approved by the Chair and is inscribed in Ordinance No. 9327.
E.
FIRST PLAT, FINAL
PLAT FOR BLUE JAY CROSSING SOUTH OF KANSAS STREET BETWEEN CONISTOR STREET AND
BLUE JAY DRIVE – ORDINANCE
In response to Council questions, staff noted that the
City does not enforce speed limits or maintain private streets, such as the one
proposed in this development. There are
greater restrictions for use of public streets.
Document No. 6877 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, which carried unanimously.
It was approved by the Chair and is inscribed in Ordinance No. 9328.
F.
FINAL PLAT FOR NEW
LIBERTY HIGH
SCHOOL AT A HIGHWAY AND 104TH STREET – ORDINANCE
Document No. 6878 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 Jenness moved to approve the
ordinance. Council Member King seconded
the motion, which carried unanimously.
It was approved by the Chair and is inscribed in Ordinance No. 9329.
G.
FINAL DEVELOPMENT
PLAN FOR NEW LIBERTY
HIGH SCHOOL AT A HIGHWAY AND 104TH STREET – RESOLUTION
Council Member Phillips moved to approve the
resolution. Council Member Martin
seconded the motion. In response to
Council questions, staff stated that when a traffic signal is warranted, it
would be the responsibility of the developer whose proposal triggers the
warrant. Duane Cash, ACI Frangkiser
Hutchens Architects, Leawood, Kansas, stated that initial storm shelters would be
aboveground with reinforced concrete and capped, but in the second phase, a
basement with areas to serve as locker rooms would be designated as shelters.
The motion carried unanimously and is inscribed in
Resolution No. 2363.
H. FINAL
DEVELOPMENT PLAN FOR TWO 24,000 SQ. FT. BUILDINGS AT OAKWOOD BUSINESS PARK, TRACT 11 – RESOLUTION
Council Member Phillips moved to approve the
resolution. Council Member Martin
seconded the motion, which carried unanimously and is inscribed in Resolution
No. 2364.
I. FINAL
DEVELOPMENT PLAN FOR 17,942 SQ. FT. ADDITION TO ALADIN STORAGE AT 701 N. 291
HIGHWAY – RESOLUTION
Council Member Phillips moved to approve the
resolution. Council Member Martin
seconded the motion, which carried unanimously and is inscribed in Resolution
No. 2365.
J. ACCEPTANCE
OF EASEMENT FOR WATER MAINS FOR ROGER'S PLAZA – ORDINANCE
Document No. 6879 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 Martin seconded
the motion, which carried unanimously.
It was approved by the Chair and is inscribed in Ordinance No. 9330.
K. DISCLAIMING
AND ABANDONING SANITARY SEWER AND WATER MAIN EASEMENTS FOR ROGER’S PLAZA –
ORDINANCE
Document No. 6880 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 Jenness
seconded the motion, which carried unanimously.
It was approved by the Chair and is inscribed in Ordinance No. 9331.
L. ACCEPTANCE
OF EASEMENTS FOR SANITARY SEWER AND STORM DRAINAGE, OAKWOOD BUSINESS PARK, TRACT 11 – ORDINANCE
Document No. 6881 was read. Council Member Phillips moved to waive the
rules and consider the ordinance on first reading. Council Member Jenness seconded the motion,
which carried unanimously.
Council Member Martin moved to approve the
ordinance. Council Member King seconded
the motion, which carried unanimously.
It was approved by the Chair and is inscribed in Ordinance No. 9332.
M. DISCLAIMING
AND ABANDONING STORM DRAINAGE EASEMENT, OAKWOOD BUSINESS PARK, TRACT 11 – ORDINANCE
Document No. 6882 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 Phillips 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. 9333.
N. TEMPORARY
EVENT LIQUOR LICENSE FOR HISTORIC DOWNTOWN LIBERTY, INC. AT TASTE OF LIBERTY JUNE 28, 2008 – RESOLUTION
As the amendments to the City Code required for this
application to be considered were taken to second reading on July 14, this item
was withdrawn from consideration.
X. OTHER BUSINESS
XI.
MISCELLANEOUS
MATTERS FROM CITY ADMINISTRATOR
City
Administrator Curt Wenson noted there would be no meeting on June 30 and no
packet would be distributed for that week.
XII.
MISCELLANEOUS
MATTERS FROM MAYOR AND CITY COUNCIL
Council
Member Phillips asked what the City can do to address habitual violators of its
weed ordinance. Staff stated that the
Code and State law mandate the process and the City currently allows the
property owner 15 days after notification to address the issue. The City has the option of considering
reducing the number of days after notification or lowering the height
maximum. State law dictates much of what
cities can do in these circumstances.
Council
Member Foster suggested signs be posted in the cemetery explaining the upkeep
of the lot is the owner’s responsibility.
Staff noted that the property owner is responsible for any decorations
as well as repair and maintenance of markers, unless it is determined the
damage was due to mowing.
XIII. ADJOURNMENT
The meeting adjourned at 8:51 p.m.
__________________________________
Mayor
Attest:
_____________________________________
Deputy City Clerk