CITY COUNCIL MEETING
MINUTES
MONDAY, OCTOBER 13, 2008
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 13, 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 Father Timothy, St. James
Church. Council Member Parry 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; Lyndell Brenton and John Parry, Ward III; 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; Craig Knouse, Police Chief; Linda Tyree, Finance Director; Dennis
Dovel, Acting Parks and Recreation Director; Steve Anderson, Development
Director; Gary Birch, Fire Chief; Jim Simpson, Police Major; Karan Johnson, Planning
and Economic Development Manager; Shawnna Funderburk, Assistant to the City
Administrator; Janet Pittman, Interim Deputy City Clerk; Gene Hansen, The
Kansas City Star; Angie Borgedalen, Liberty Tribune; and 19 members of the
public.
IV. APPROVE
MINUTES AND SUMMARIES (SEE CONSENT AGENDA)
A.
REGULAR SESSION
MINUTES OF SEPTEMBER 22, 2008
V. CITIZENS’ PARTICIPATION
Kyal Moen, 1020 Bobwhite, stated he is a resident of the Clay
Brooke subdivision, and like other residents in the area, he is concerned about
vandalism and the need for a curfew.
Kevin Lowrance, 1010 Bunting Lane, stated his neighborhood is deteriorating and though
the Police department is helpful with providing pointers etc., anything the
Council can do to address the curfew situation would be appreciated.
Roy Werner, 1887 Mourning Dove Dr., stated he is a long time resident of the Clay Brooke
neighborhood and is concerned about speeding on his street, which is a dead end. He requested that the speed limit of 35 miles
per hour be reduced. He also stated he
would like the City to work with landlords so that they can better screen
applicants.
VI. MEETING SCHEDULE
VIII. PUBLIC HEARINGS
A.
AMENDMENT
TO THE LIBERTY TRIANGLE TIF PLAN ENLARGING THE REDEVELOPMENT AREA (CLAYVIEW) – ORDINANCE (FIRST READING)
John Davis, Star Development, 244 W. Mill Street, stated they are seeking Council’s support in
amending the Liberty Triangle Tax Increment Financing Plan to include the
former Clayview Country Club site. Mr.
Davis stated there are a number of businesses that are interested in the site;
however, without the use of TIF the
project would not be able to move forward as planned.
Staff reviewed the application to amend the Liberty TIF Plan by adding 11 acres (Clayview parcel) on the south side of Kansas Street between Conistor and Blue Jay. A Community Improvement District is also
proposed for this project. It was noted that although the Clayview parcel is
proposed to be part of the Liberty Triangle Redevelopment Area, it will remain
a separate project with its own project costs and sources of funds. Staff stated the proposed Amendment meets the
statutory requirements and is in substantial compliance with the City’s TIF Policy.
In response to Council’s questions, it was stated that
the land sale for the CVS property was included in the project cost summary as
a formal contract has been signed. It is
anticipated that other potential businesses will lease not buy the
properties. Staff further stated that
should the amendment be approved then project costs all ready incurred would be
reimbursable.
Chase Simmons, Polsinelli Law Firm, legal counsel for
the developer, stated that this project will accommodate a variety of
businesses, such as a hotel, that weren’t able to locate in the Triangle as a
result of height restrictions and exclusivity agreements with current Triangle
tenants. Mr. Simmons noted that when
the bonds are issued the responsibility is fully on the developer, and the City
is not being asked to provide a guarantee.
He stated that the estimated Internal Rate of Return was between 5-10%
with the use of TIF; however, he noted that there are more eligible
expenses in the TIF plan than there are TIF/CID revenues. Mr.
Simmons stated that it is the developer’s hope that the development will do
well and because of built-in redundancies, the bonds would be paid off sooner
than scheduled.
In response to Council’s questions, Mr. Simmons stated
that the TIF bond proceeds of $1.9 million are closely matched by
the $1.7 million in street and infrastructure improvements. He noted that with or without this proposed
development, street improvements to the area are needed. Without the benefit of TIF the project would most likely be scaled back to only include the
property closest to the highway, and would include less stormwater
improvements.
In response to Council’s questions, staff noted that
the process would be first to approve the TIF amendment and then a Development Agreement would be brought to Council
for consideration.
In response to Council’s questions, the developer’s
representative stated that the plat for the former Clay County Health Center site should be recorded this week, and they
anticipate that there will be sufficient revenues from the leases to cover the TIF bond commitment for the property.
Mayor Steinkamp opened the public hearing and asked if
anyone wished to speak to the application.
Alicia Stephens, Executive Director for the
Partnership for Community Growth and Development, stated this project is a good
use of public funds and the proposed street improvements for this area will
help to address current traffic issues.
Dick Wilding, 2120 Overland Drive, speaking on behalf of the Mid-Continent Public
Library, noted library operations rely heavily on property tax. He stated that he sits on the Independence TIF Commission and though he normally likes to see Council’s support TIF Commission findings, he felt the TIF Commission vote of 5-3 raises questions in this case and the ‘but for’
analysis is faulty. He stated he would like
the Council to vote no, or to at least exempt the library.
Marvin Weishaar, 405 Seaport Circle, stated he is a retired CPA and advised that he
wouldn’t take much validity in the assumptions presented. He noted he was a member of the Clayview
board for a number of years and over the years there had been inquiries by a
number of potential developers. The
property was sold to the current developer at a reduced price because of the
ditch and the improvements that would be needed to the site. He is against the use of TIF for this project because of the argument the area is blighted,
particularly when the developer already received the benefit in the purchase
price. He further stated that the
current sales taxes are getting to be the highest around in the area and he
support the Mid-Continent Library’s position.
Seeing no one else wishing to speak, Mayor Steinkamp
closed the public hearing.
Document No. 6917 and 6918 were read. Council Member
Phillips moved to waive the rules and consider the ordinance on first
reading. Council Member Martin seconded
the motion, which failed to carry unanimously
Mayor Steinkamp stated these
items would be considered on second reading at the October 27, 2008 regular
session.
Mayor Steinkamp announced a short break, after which
he reconvened the meeting.
IX. ORDINANCES, CONTRACTS AND RESOLUTIONS
A.
ACKNOWLEDGEMENT
OF VENDOR PAYMENTS FROM SEPTEMBER 12, 2008 THROUGH OCTOBER 3, 2008
In response to Council’s questions, staff stated
additional details would be provided to Council pertaining to the purchase of a
IS workstation and server cabinet. The
Polk Directory is an address and phone number cross reference publication
utilized by a number of departments. The service provided by Weather or Not
provides City staff responsible for weather related responsibilities with
advance, direct notice, and by utilizing this service the City has saved money
by not sending out snow crews unnecessarily.
The skate park equipment purchase included some new equipment, in
addition to replacement pieces of worn out equipment.
Document No. 6919 was read. Council Member King moved to approve the
vendor payments. Council Member Jenness
seconded the motion. Vote on the motion
was as follows: Council Member Phillips
– yes; 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. 9367.
B.
AMENDMENT TO CHAPTER 22, SECTION IV OF THE MUNICIPAL
CODE REGARDING THE TIME ALLOWED TO DISCHARGE FIREWORKS IN THE CITY
OF LIBERTY – ORDINANCE
Staff stated that in response to complaints brought to
Council’s attention, the proposed ordinance would reduce the number of days and
times that the discharge of fireworks would be allowed.
In response to Council’s questions, staff stated that
notification regarding the change would be communicated to residents on the
City’s website, in the informational flyer distributed at area fireworks stands
and via a press release. The Municipal
Court Judge has the flexibility to determine if the fee is reasonable compared
to the violation.
Council Member King made a motion that the word
minimum be added to both the $50.00 and $75.00 fines. Council Member Brenton seconded the motion,
which carried unanimously.
Document No. 6920 was read. Council Member Martin moved to waive the
rules and consider the ordinance on first reading. Council Member Duncan seconded the motion,
which carried unanimously.
Council Member Brenton moved to approve the ordinance
as amended. Council Member Jenness
seconded the motion, which carried unanimously.
It was approved by the Chair and is inscribed in Ordinance No. 9368.
C.
ACCEPTANCE OF EASEMENT FOR SANITARY SEWER MAIN
FOR BLUE JAY CROSSING – ORDINANCE
Document No. 6921 was read. Council Member Brenton 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 Phillips
seconded the motion, which carried unanimously.
It was approved by the Chair and is inscribed in Ordinance No. 9369.
D.
CONTRACT
WITH CLAY COUNTY SANITARY & DITCHING CO., INC. FOR CONSTRUCTION OF ARTHUR
STREET STORM SEWER IMPROVEMENTS IN AN AMOUNT NOT TO EXCEED $312,301.60 -
ORDINANCE
Staff stated that this project was in the 2008 Capital
Improvement Plan and was the fourth highest rated priority. The information on this project was presented
to the Citizen Sales Tax Oversight Committee
and the Committee stated that this project is consistent with voter
intent. Staff stated that compared with
the budgeted amount there will be a cost savings associated with this project,
and a portion of the savings will be used to cover the recent emergency repair
on Landmark.
Document No. 6922 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 Martin 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. 9370.
E.
ACCEPTANCE OF EASEMENT FOR STORMWATER DETENTION
FACILITIES AT KOALA-T DAYCARE – ORDINANCE
In response to Council’s questions, staff stated the
detention basin will be located near Liberty Drive and Wilshire and the applicant is aware that they are
responsible for maintenance.
Document No. 6923 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 Jenness 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. 9371.
F.
AMENDMENT TO TRAFFIC REGULATIONS – SPEED LIMIT
REDUCTION – LIBERTY DRIVE –
ORDINANCE
Document No. 6924 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 Jenness seconded
the motion, which carried unanimously.
It was approved by the Chair and is inscribed in Ordinance No. 9372.
G.
AGREEMENT WITH L AND
L TOWING FOR TOWING CITY VEHICLES ORDINANCE
Staff noted that the normal base charge should read
$50.00, not $40.00, as stated in the information provided to Council.
In response to Council’s questions, staff stated
requests had been sent out to three local businesses; however, two chose not to
submit bids because the City’s use of these services is infrequent.
Document No. 6925 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 Phillips 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. 9373.
H.
AGREEMENT WITH MAYFAIR
CLEANERS FOR LAUNDRY AND DRY CLEANING
SERVICES FOR THE POLICE AND FIRE
DEPARTMENTS – ORDINANCE
Document No. 6926 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 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. 9374.
X. OTHER BUSINESS
XI.
MISCELLANEOUS
MATTERS FROM CITY ADMINISTRATOR
XII.
MISCELLANEOUS
MATTERS FROM MAYOR AND CITY COUNCIL
Council Member Martin stated the commuter bus riders
are enjoying the larger bus, though people are still standing. She also stated that in a previous survey
citizens said they wanted more input, and that opportunity has been provided
through the Liberty…For All process. She thanked the citizens for their efforts
with respect to getting the three upcoming ballot issues passed, particularly
Jeff Watt and Mike Hagen, and urged Council to show support for this group and
passage of the ballot initiatives.
Council Member Duncan stated he was glad that the Arthur Street project went through the Citizen Sales Tax Oversight Committee,
and that the Committee was able to serve their intended purpose.
Council Member King stated his son has worked as a
dentist in both Liberty and Independence, where they don’t have fluoride in the water, and
where he noticed a higher instance of brittle teeth and the need for
crowns. There are arguments on both
sides and further research on fluoride in the water is warranted. He also stated that Martha Lafite Nature
Sanctuary is offering classes on the capture and re-use of rain water. The AT&T notices pertaining to utility
boxes that are sent to home owners provide a legal description that makes it
impossible to figure out the location, and he would appreciate if the notices
would include a street address. He would
also like to see the Clay Brooke speed limit addressed, and landlord issues
brought forward as quickly as possible.
Mayor Steinkamp stated on October 27 at 6:30 p.m. there would be a reception and Proclamation honoring Liberty residents that are veterans of World War II. Also, on November 8 is the Boards and
Commissions dinner at which time the 2008 Civic Leadership Award recipient
Loreta Moore would be recognized.
Council Member Parry thanked the Police department for
making Senator Joe Biden feel welcome.
Mayor Steinkamp stated that Senator Biden was very
gracious in acknowledging his presence in the City.
XIII. ADJOURNMENT
The meeting adjourned at 9:27 p.m.
__________________________________
Mayor
Attest:
_____________________________________
Deputy City Clerk