CITY COUNCIL MEETING

MINUTES

MONDAY, OCTOBER 27, 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 27, 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; 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; Steve Anderson, Development Director; Dan Fernandez, Planner; Karan Johnson, Planning and Development Manager; Tony Sage, Information Services Director; Dennis Dovel, Acting Parks and Recreation Director; Celia McBride, Finance Analyst; Shawnna Funderburk, Assistant to the City Administrator; Sara Cooke, Communications Manager; Janet Pittman, Interim Deputy City Clerk; Angie Borgedalen, Liberty Tribune; and 55 members of the public.

 

Mayor Steinkamp stated Citizen’s Participation would be moved to be the next item on the agenda.

 

IV.       CITIZENS’ PARTICIPATION

 

Mayor Steinkamp read and presented a proclamation to Liberty World War II veterans.

 

V.        APPROVE MINUTES AND SUMMARIES (SEE CONSENT AGENDA)

 

A.                 STUDY SESSION SUMMARY OF OCTOBER 6, 2008

 

Council Member Martin moved to approve the meeting summary as distributed.  Council Member Jenness seconded the motion, which carried 6-0-2.  Council Members Brenton and Phillips abstained due to absence.

 

VI.       MEETING SCHEDULE

 

VII.      CONSENT AGENDA

 

Council Member King asked that the Temporary Liquor License for the event at St. James School be removed from the consent agenda and considered separately.

 

A.                 REGULAR SESSION MINUTES OF OCTOBER 13, 2008

 

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

 

B.                 FINAL DEVELOPMENT PLAN FOR A 15,000 SQ.FT. ADDITION TO WEAR-CON AT HEARTLAND MEADOWS, LOT 9B – RESOLUTION

 

Council Member Phillips moved to approve the resolution.  Council Member Martin seconded the motion, which carried unanimously and is inscribed in Resolution No. 2381.

 

C.                 TEMPORARY LIQUOR LICENSE FOR NOVEMBER 8, 2008 EVENT AT ST. JAMES SCHOOL – RESOLUTION

 

In response to Council’s question, staff stated that children may be present at the November 8^th event.

 

Council Member Jenness moved to approve the resolution.  Council Member Martin seconded the motion, which carried 7-1-0 and is inscribed in Resolution No. 2386.  Council Member King voted in opposition.

 

VIII.     PUBLIC HEARINGS

 

A.                 SPECIAL USE PERMIT TO ALLOW UTILITY BOXES.

 

Staff reviewed the application and noted that the original application proposed three locations; however one had since been moved to a rear yard location.  The remaining two boxes are already located on-site and these are after-the-fact applications.  In addition, there is a box proposed for 500 Claywoods Drive that is to be located within an existing easement. The height and area exceed what is allowed for a utility box to be placed without a special use permit. Staff stated the application met the six findings required, and that the Planning & Zoning Commission voted to recommend approval by a vote of 6-0.

 

In response to Council’s questions, staff stated that residents can call City staff who will contact AT&T to advise them of native grasses that are in need of replacement.

 

Mayor Steinkamp opened the public hearing and asked if anyone wished to speak in favor of the application

 

Mike Chambers, AT&T, 500 E. 8^th, Kansas City, Missouri stated that landscaping would surround all of the boxes in the area, just not the newly installed box.  AT&T has contracted with a landscaping firm that for one year will maintain and replace, when required, the plantings.

 

In response to Council’s questions, Mr. Chambers stated that the Claywoods Home Owners’ Association had not been contacted regarding maintenance of the plantings, however if they contact AT&T they would be willing to work with them.

 

Mayor Steinkamp asked if anyone wished to speak in opposition to the application.  Seeing no one, he closed the public hearing.

 

1.                   1920 FLINTLOCK ROAD AND 1900 CLAYBROOKE DR.– RESOLUTION (Continued from September 22)

 

Council Member King moved to approve the resolution.  Council Member Duncan seconded the motion, which carried unanimously and is inscribed in Resolution No. 2382.

 

2.         500 CLAYWOODS DRIVE – RESOLUTION

 

 

Council Member Martin moved to approve the resolution.  Council Member King seconded the motion, which carried unanimously and is inscribed in Resolution No. 2383.

 

IX.       ORDINANCES, CONTRACTS AND RESOLUTIONS

 

A.        ACKNOWLEDGEMENT OF VENDOR PAYMENTS FROM OCTOBER 3, 2008 THROUGH OCTOBER 17, 2008

 

1.                   EXCLUDING KCP&L PAYMENTS – ORDINANCE

 

In response to Council’s questions, staff stated the check to Norman & Schmidt was for a structural engineer report pertaining to a current application that is pending.

 

Council Member Phillips requested that check number 110308 be removed and voted on separately.

 

Document No. 6927 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. 9375.

 

Council Member Martin moved to approve check number 110308.  Council Member Brenton seconded the motion.  Vote on the motion was as follows:  Council Member Phillips – abstain; 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 7-0-1, with Council Member Phillips abstaining due to a potential conflict of interest.  It was approved by the Chair and inscribed in Ordinance No. 9375.

 

2.         KCP&L PAYMENTS – ORDINANCE

 

Document No. 6928 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 Brenton – abstain; Council Member Foster – yes; Council Member Jenness – yes; Council Member Duncan – yes; Council Member Parry – yes; Council Member King – yes.  The motion carried 7-0-1; with Council Member Brenton abstaining, due to a potential conflict of interest.  It was approved by the Chair and inscribed in Ordinance No. 9375.

 

B.                 AMENDMENT TO THE LIBERTY TRIANGLE TIF PLAN

 

Staff reviewed the history of the application, as well as the next steps involved should the two ordinances be approved.  Staff noted that as the project is refined Council may see site plan changes, and that such changes are anticipated and inevitable.

 

In response to Council’s questions, staff stated that the developer had requested assistance with land acquisition costs, however staff felt that was not an appropriate expense and it was removed.  The current assessed valuation is frozen during the life of the TIF and the taxing jurisdictions would continue to receive the same revenue as they currently do.  Any incremental increase in the assessed valuation would be captured by the TIF to be used for repayment of the bonds and reimbursable expenses.

 

In response to Council’s questions, Chase Simmons, Polsinelli Law Firm, stated that there should be sufficient revenue to cover the costs of retiring the notes issued by the City to pay for the Clay County Health Center relocation.

 

Mayor Steinkamp stated that, while the public hearing for this application was closed, he would permit comments from those present.  No one wished to speak to the application.

 

In response to Council’s questions, Chris Williams, City’s legal counsel, stated that the example presented by the developer is not actual costs, but an illustration of what the bond proceeds would cover and that the remaining costs would be those of the developer.

 

Council discussed public infrastructure improvements, especially street improvements, which would be included with this project and the importance of stimulating development of this site, which is a gateway to the community.  Council noted that approval of TIF for a project is never to be assumed, and that proposed projects will continue to be reviewed to ensure there is significant public benefit.

 

1.                  AMENDMENT TO THE LIBERTY TRIANGLE TAX INCREMENT FINANCING PLAN, ENLARGING THE REDEVELOPMENT AREA TO ESTABLISH REDEVELOPMENT PROJECT AREA I, AND DESIGNATING STAR DEVELOPMENT CORPORATION AS THE DEVELOPER OF PROJECT I. (SECOND READING)

 

Council Member Martin moved to approve the ordinance.  Council Member King seconded the motion, which carried 7-0-1.  Council Member Parry abstained due do a potential conflict of interest.  It was approved by the Chair and is inscribed in Ordinance No. 9376.

 

2.                   APPROVAL OF REDEVELOPMENT PROJECT I OF THE LIBERTY TRIANGLE TAX INCRMENT FIANNCING PLAN AS A REDEVELOPMENT PROJECT AND ADOPTING TAX INCREMENT FINANCING THEREIN (SECOND READING)

 

Council Member King moved to approve the ordinance.  Council Member Martin seconded the motion, which carried 7-0-1. Council Member Parry abstained due do a potential conflict of interest.   It was approved by the Chair and is inscribed in Ordinance No. 9377.

 

C.                                         NORTH FAIRVIEW AND MACK STREET STORM SEWER IMPROVEMENT PROJECT

 

1.                  FINAL AMENDMENT TO THE CONTRACT WITH CLAY COUNTY SANITARY & DITCHING CO., INC. – ORDINANCE

 

Document No. 6931 was read.  Council Member Phillips moved to waive the rules and consider the ordinance on first reading.  Council Member Martin 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. 9378.

 

2.                  ACCEPTANCE OF PROJECT – RESOLUTION

 

Council Member Brenton moved to approve the resolution.  Council Member King seconded the motion, which carried unanimously and is inscribed in Resolution No. 2384.

 

D.                 DISCLAIMING AND ABANDONING A CERTAIN SECTION OF RIGHT-OF-WAY ALONG W. KANSAS STREET LIBERTY TRIANGLE, 4^TH PLAT DEVELOPMENT – ORDINANCE

 

Document No. 6932 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 King 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. 9379.

 

E.                  TERMINATION AND RELEASE AGREEMENT WITH THE TIF COMMISSION OF KANSAS CITY AND THE LIBERTY PUBLIC SCHOOL DISTRICT- ORDINANCE

 

Staff stated that this agreement releases the Liberty School District and Shoal Creek TIF from future construction costs, but clarifies and retains reimbursement of the actual engineering costs of the project.  The actual engineering costs are substantially higher than the amounts stated in the inter-governmental agreement, and the other entities have stated that they are no longer willing to participate in the construction of the project.  By approving the termination agreement the City would receive reimbursement of the engineering expenses that have already been incurred.

 

Document No. 6933 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 failed to carry unanimously.  The ordinance will go to second reading on November 10, 2008.

 

F.                  ADOPT AN IDENTITY THEFT PREVENTION PROGRAM – RESOLUTION

 

Staff stated that a new ruling by the Federal Trade Commission requires all creditors, including municipal utilities, to develop a written Identity Theft Prevention Program to be implemented by November 1, 2008.  It was noted that the City already has controls in place, but this program puts those controls into a formalized plan.

 

Council Member Phillips moved to approve the resolution.  Council Member Martin seconded the motion, which carried unanimously and is inscribed in Resolution No. 2385.

 

X.         OTHER BUSINESS

 

XI.               MISCELLANEOUS MATTERS FROM CITY ADMINISTRATOR

 

City Administrator Curt Wenson noted there would be a study session immediately following the regular session.

 

XII.            MISCELLANEOUS MATTERS FROM MAYOR AND CITY COUNCIL

 

Council Member Foster asked if a barricade could be put up near the Triangle round-about to prevent cars from having to turn around since this is not a through road.  Staff stated this issue would be addressed.

 

Council Member Jenness thanked the Mayor for recognizing the World War II veterans this evening and that he wished to also thank those currently serving in the military.

 

Council Member Parry asked if additional names could be added to the list of names included on the World War II Veterans’ Proclamation.  Mayor Steinkamp requested that any additional names be provided to Janet Pittman so that they can also be included.

 

Council Member King thanked the police department for their recent efforts in the Clay Brooke area.

 

Mayor Steinkamp stated he was appreciative of the World War II veterans in attendance this evening and noted they are deserving of our praise. 

 

Mayor Steinkamp stated that it was one week before the ballot issues would come before the public, and urged support of these initiatives because they are important to Liberty’s future. He also thanked Carol and Don Fletcher for their efforts, and noting their committee involvement, stated that they have been much more than honorary campaign chairs.

 

XIII.     ADJOURNMENT

 

The meeting adjourned at 8:45 p.m.

 

                                                                                    __________________________________

                                                                                    Mayor

Attest:

 

 

_____________________________________

Deputy City Clerk