CITY COUNCIL MEETING
MINUTES
MONDAY, JULY 28, 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 July 28, 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 Fred Foster, 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; 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; Brian Hess, City Engineer; Jim Simpson, Deputy Police Chief;
Dave Tedesco, Police Captain; Marcella McCoy, Finance Manager; Steve Anderson,
Development Director; Jonna Wensel, Community Development Manager; Dan
Fernandez, Planner; Gary Birch, Fire Chief; Dennis Dovel, Acting Parks &
Recreation Director; Denny Persall, Parks & Open Space Manager; Tony Sage,
Information Services Director; Shawnna Funderburk, Assistant to the City
Administrator; Amy Brusven, Human Resources Director; Janet Pittman, Executive
Assistant; Jane Sharon, Deputy City Clerk; Alvin Chang, The Kansas City Star;
Angie Borgedalen, Liberty Tribune; and 50 members of the public.
IV. APPROVE
MINUTES AND SUMMARIES (SEE CONSENT AGENDA)
V. CITIZENS’ PARTICIPATION
Fay
Bedinger, 232 West Franklin, asked that the Council let businesses do as they see
fit and not regulate smoking.
Mike
Chambers, 500
East 8th Street,
Kansas City, Missouri, complimented the staff that assisted during a recent
concert held at the Community Center. He
said the Liberty Performing Arts Theatre and the Community Center are beautiful
facilities in Liberty.
Randy
Dick, 1014
Wellington Way,
asked that the Council consider amending its codes regulating temporary signs
to allow churches to place the signs on the weekends so they are not violating
City code.
Council
Member Lyndell Brenton entered at this time.
VI. MEETING SCHEDULE
B.
FINAL DEVELOPMENT
PLAN FOR 28,768 SQ. FT. THREE-STORY OFFICE BUILDING AT STEWART ROAD AND
WILSHIRE BOULEVARD – RESOLUTION
C.
FINAL DEVELOPMENT
PLAN FOR NEW 12,900 SQ. FT. CVS PHARMACY AT KANSAS STREET AND BLUE JAY DRIVE –
RESOLUTION
VIII. PUBLIC HEARINGS
A. AMENDMENT
TO THE UNIFIED DEVELOPMENT ORDINANCE (CHAPTER 30, LIBERTY CODE OF ORDINANCES - UDO) AMENDING THE HISTORIC
PRESERVATION DISTRICT DEMOLITIONS STANDARDS – ORDINANCE
Staff reviewed the amendment to the UDO, noting a
State grant had allowed the staff to revise the design guidelines. Having been through that process, staff
proposed this amendment to consolidate the demolition standards into one
section of the UDO and to add other components to the review guidelines in
conformance with other planning application review standards. The word “viable” replaces the word
“feasible” as a standard to be met in order to grant the demolition of a structure
with a historic preservation overlay.
These amendments will affect only future applications and, if adopted at
this meeting, would not apply to the application to be considered later on this
agenda. The Historic District Review
Commission recommended the changes by a unanimous vote and the State Historic
Preservation Office has reviewed the changes and stated they are in compliance
with State guidelines.
In response to Council questions, staff noted that the
180 day postponement is not a requirement component of the review, but
additional time, up to 180 days may be allowed if further research is necessary. The Council has the final say in these
applications and may postpone these items as it deems necessary to have a full
review.
Mayor Steinkamp opened the public hearing and asked if
anyone wished to speak to the application.
Seeing no one, he closed the public hearing.
Document No. 6888 was read. Council Member Duncan moved to waive the
rules and consider the ordinance on first reading. Council Member Brenton seconded the
motion. Without a unanimous vote to
waive the rules, Mayor Steinkamp stated this ordinance would go to second
reading at the August 11, 2008 regular session.
B. SPECIAL
USE PERMIT TO ALLOW GROUP EVENTS AT THE CELEBRATION MANOR HOUSE B&B, 402 WEST FRANKLIN STREET – RESOLUTION
Staff reviewed the application to allow group events
at the bed and breakfast. While staff
had recommended the group size be limited to 12, the Planning & Zoning
Commission recommended that a maximum of 40 guests be permitted at the
events. The six findings related to
review of special use permits were satisfied.
The Planning & Zoning Commission recommended approval by a vote of
5-0, with the following stipulations: 1)
Parking for guests be limited to on-site and satellite parking; and 2) Events
must be held indoors, photos may be taken outdoors.
Mayor Steinkamp opened the public hearing and asked if
anyone wished to speak to the application.
Brian Gaysek, 402 West Franklin, the applicant requested that the
Council consider approval of the permit, allowing up to 40 guests for an event,
noting the neighbors are supportive and have offered parking on their property,
if needed.
Vicki Shelton, 343 W. Franklin, asked for clarification of the requirement that no
events be held outdoors. Staff stated
that was the recommendation but that photos could be taken outside.
Al Richard, 331 W. Franklin, and Doris Swank, 416 W. Franklin, both spoke in favor of the application.
Seeing no one else wishing to speak to the
application, Mayor Steinkamp closed the public hearing.
Council Member King moved to approve the resolution
with the stipulations. Council Member
Parry seconded the motion. After Council
questions and staff responses related to parking and the prohibition against
outdoor events, Council Member King moved to amend the resolution by changing
the second stipulation so that outdoor events, other than wedding ceremonies,
would not be allowed. Council Member
Jenness seconded the motion, which carried unanimously.
The motion to approve the resolution as amended
carried unanimously and is inscribed in Resolution No. 2370.
C. SPECIAL
USE PERMIT TO ALLOW LARGE GROUP EVENTS AT THE WYNBRICK CENTER, 1701 WYNBRICK DRIVE – RESOLUTION
Staff reviewed the application by The Wynbrick Center. Allowing large group events would permit up
to 150 guests. The six findings related
to review of special use permits were satisfied. The Planning & Zoning Commission recommended
approval by a vote of 5-0, with the following stipulation: All outdoor programmed events shall cease by 9:00 p.m.
In response to Council questions, staff noted that
large group events were not in the previous plan in place for the applicant.
Mayor Steinkamp opened the public hearing and asked if
anyone wished to speak to the application.
The applicant Alice Brink, 1701 Wynbrick Drive, stated the previously approved plan was for a
wellness center but that had changed over time and the proposed plan reflects
how the center is being operated today. She
reviewed plans for events and parking. In
response to Council questions, Ms. Brink reviewed agreements in place with
Sears Grand and a nearby church for overflow parking.
Larry Blackwell, 701 Bristol Court, Katrina Brink, 1701 Wynbrick Drive and Bill Petty, 713 Kingston Drive, spoke in favor of the application.
John Vivian, 1601 Wynbrick Drive and George Adams, 1607 Wynbrick Drive spoke in opposition to the application.
Seeing no one else wishing to speak, Mayor Steinkamp
closed the public hearing.
Council Member Jenness moved to approve the resolution
with the stipulation as to time outdoor events must cease. Council Member Phillips seconded the
motion. In response to Council
questions, staff noted that one or two complaints had been received regarding
parking issues when events were occurring, but more complaints had been
received during the previous use of the site as a dining club. On-street parking would be permitted as the
permit is phrased, there are 20-25 spaces in the lot and the applicant parks on
the street during events. Plans for
satellite parking are included in the proposal.
Staff recommended leaving the matter up to the applicant and addressing
issues as they might arise or necessitate a review of the special use permit.
In response to Council questions, the applicant stated
that a companion contract related to parking is signed for each event and
shuttle assistance is offered by the applicant.
Council Member Brenton moved to add a stipulation that
guest parking for large group events would be limited to on-site and satellite
parking. Council Member Martin seconded
the motion. Council discussed parking,
as noted in the business plan for events, which would currently allow on-street
parking. Staff noted that on-street
parking is permitted in this neighborhood and planning, rather than police
would address complaints about parking during events. The motion failed 1-7-0. Council
Members Phillips, Martin, Foster, Jenness, Duncan, Parry and King voted in
opposition.
The main motion to adopt the resolution with the
stipulation as to time outdoor events must cease carried unanimously and is
inscribed in Resolution No. 2371.
D. SPECIAL
USE PERMIT TO ALLOW GROUP EVENTS AND SALON SERVICES AT THE STEEPLE INN &
SPA, 342 N. WATER – RESOLUTION
Staff reviewed the application for group events and
salon services at the Steeple Inn & Spa.
The events would be held indoors and end by 9 p.m. There is
adequate parking, including spaces available at the nearby resource
center. The six findings were satisfied
and the Planning & Zoning Commission recommended approval by a vote of 5-0.
Mayor Steinkamp opened the public hearing and asked if
anyone wished to speak to the application.
In response, Applicant Richard Held, 242 W. Franklin, answered Council questions, noting food is brought
to the site by the professional chef and, for those dinners, there are no
deliveries.
Valerie Frome, 112 W. Franklin, asked about the maximum number of guests
permitted. Mr. Held stated their plan
called for a maximum of 30 for the culinary dinners but 50 would be permitted
for special events.
Seeing no one else wishing to speak to the
application, Mayor Steinkamp closed the public hearing.
Council Member King moved to approve the
resolution. Council Member Phillips
seconded the motion, which carried unanimously and is inscribed in Resolution
No. 2372.
E. SPECIAL
USE PERMIT FOR PLACEMENT OF UTILITY BOXES AT VARIOUS LOCATIONS IN LIBERTY – RESOLUTION
Staff reviewed the application for a special use
permit to allow placement of five utility boxes. The applicant worked with staff to move the
planned placement of two utility boxes and these relocations are included in
the resolution stipulations. The six
findings have been satisfied. The
Planning & Zoning Commission recommended approval of the special use permit
with the following stipulations: 1) The
proposed utility box for 317 Prairie Street must be placed north of the
existing facility at this location and within a newly created AT&T
easement; and 2) The proposed utility box at 706 Nashua Road must be placed
adjacent to the existing utility box addressed 1201 Ridgeway Drive and within a
newly created AT&T easement.
In response to Council questions, staff noted that all
the utility boxes are in single family home areas. The existing box at the Prairie Street location is not a sight-distance problem.
Mayor Steinkamp opened the public hearing and asked if
anyone wished to speak to the application.
Mike Chambers, AT&T, 500 E. 8th Street, Kansas
City, Missouri, stated the applicant agreed to make the changes to
the one location at the request of the property owner. In response to Council questions, he stated
that placement of the box at the location with the stone wall would not alter
the wall and placement would be behind the wall.
Seeing no one else wishing to speak to the
application, Mayor Steinkamp closed the public hearing.
Council Member King moved to approve the resolution
with the two stipulations. Council
Member Jenness seconded the motion.
Council Member Jenness thanked the applicant for working with staff to
relocate the utility box from Ridgeway to Nashua. Council
Member Brenton noted seeing the boxes that have been placed by special use
permit and expressed concern about the size of the boxes.
The motion carried unanimously and is inscribed in
Resolution No. 2373.
F. SPECIAL
USE PERMIT TO ALLOW AN INDOOR TARGET RANGE FOR TRAINING AT ROGERS’ PLAZA, 1780 A HIGHWAY – RESOLUTION
Staff reviewed the application for an indoor target
range at Rogers Plaza. Staff stated
the range would be used for training and providing new firearms’ owner
orientation. This is not a public
range. Normal business hours would be
observed. The six findings have been
satisfied and the Planning & Zoning Commission recommended approval by a
vote of 5-0.
In response to Council questions, staff stated there
would be additional stores in the building and small caliber ammunition would
be used to minimize any sound in or outside of the building. There are no issues related to the proximity
of the school to the proposed range.
Mayor Steinkamp opened the public hearing and asked if
anyone wished to speak to the application.
Richard Eaton, 18114 Crestview Drive,
Holt, Missouri and Kathleen Peisert, 16413 NE 133th Street, with Great Guns, spoke in favor of the
application. They answered Council
questions about the business operation and training to be provided.
Fay Bedinger, 232 West Franklin, and Shannon Peisert, 16413 NE 133rd Street, spoke in favor of the application.
Seeing no one else wishing to speak to the
application, Mayor Steinkamp closed the public hearing.
Council Member Brenton moved to approve the
resolution. Council Member Martin
seconded the motion, which carried unanimously and is inscribed in Resolution
No. 2374.
IX. ORDINANCES, CONTRACTS AND RESOLUTIONS
A.
ACKNOWLEDGEMENT
OF VENDOR PAYMENTS FROM JULY 3, 2008 THROUGH JULY 18, 2008
1.
EXCLUDING
KCP&L AND AQUILA PAYMENTS – ORDINANCE
In response to Council questions, staff stated that clarification
would be provided on the Grass Roots payment for mowing; HDLI payment was part
of the fee for services contract approved by Council; and the payment to Liquid
Engineering is for internal inspection of the water towers. Exterior work is planned with the timing
dependent on the budget. Staff will
check on the payment to Systems Controls for signal repair out of the sewer
fund.
Document No. 6889 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 – 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. 9342.
2.
KCP&L AND AQUILA
PAYMENTS – ORDINANCE
Document No. 6890 was read. Council Member Martin moved to approve the
vendor payments. Council Member Phillips
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. 9342.
Mayor Steinkamp called for a short break in the
meeting, following which he reconvened the meeting.
Council Member Phillips stated he would recuse himself
from the next item on the agenda due to a conflict of interest and left the
meeting at this time.
B. CERTIFICATE
OF APPROPRIATENESS FOR DEMOLITION OF LIBERTY FEMALE COLLEGE, 438 EAST FRANKLIN [HDRC CASE NO. 08-005J] – RESOLUTION (Continued from the July 14, 2008 regular
session)
Staff stated this is a new application with additional
evidence in support of the request for demolition. He noted that on June 23, 2008 the Historic District Review Commission voted 6-0-1
in favor of the application.
Sara Mundy, 417 E. Franklin, presented information
that included a structural engineer’s report, and stated that their application
meets the guidelines outlined for demolition as there is substantial evidence
that the structure would not be physically or economically feasible to
rehabilitate. Ms. Mundy also stated that
a petition was circulated, and the entire Jewell Historic District was in
support of demolition.
Mike Mundy, 417 E. Franklin, distributed a letter from the owners’ realtor
stating that no one is likely to purchase the building.
Mayor Steinkamp offered an opportunity for public
comment. Doug Wilson, 449 East
Mississippi; Craig Davis, 431 East Mississippi; Sara Fravel, 456 East
Mississippi; Fran Header, 439 E. Franklin; Brad Charles, 430 East Franklin;
Craig Swanson, 403 East Franklin; Tina Smith, 427 East Mississippi; and Joyce
Plumm, 450 East Franklin, stated the building is an eyesore with no historical
elements remaining and they are in support of the application.
Fay Bedinger, 232 West Franklin, spoke in opposition of the application.
Valerie Frome, 112 East Franklin, asked if the application was previously denied
because the building was considered historic.
Staff stated the application was denied as HDRC and Council stated it
did not meet the thresholds for demolition.
Council Member Fred Foster stated for the record that
he does not have a conflict of interest in this matter.
Council Member Duncan stated the process to demolish a
historic building is not an easy one, and it shouldn’t be. However, he noted the lack of tax credits,
the concerns of neighbors who support historic preservation, and the decision
of HDRC should be listened to and he would vote in favor of the application.
Council Member Martin stated that the original
construction of the structure was deficient.
She stated Council should support the decision of HDRC and these
neighbors.
Council Member Jenness stated that though his
constituents supported demolition, as an elected official he has an obligation
to not put the City at legal risk and he would vote in opposition.
Council Member Parry stated he owns one of the oldest
homes in Liberty. He stated
when he stepped in to save the home from demolition it was in a similar state
of deterioration, and yes it is expensive, but it can be done. He also stated he has concerns with how the
case was handled four years ago and favoring one group over another.
Council Member Brenton stated he was on the Council
four years ago and that at that time sufficient evidence to demolish the
structure was not presented. He added
that the current applicants have provided such information, and includes the
support of the neighbors.
Council Member Duncan stated voting in favor should
not be perceived as wanting to put the City at risk, and that the past should
inform and not dictate future action.
Council Member King stated Council denied demolition
six weeks ago.
Council Member Brenton moved to approve the
resolution. Council Member Duncan
seconded the motion.
The motion failed 3-4-0. Council
Member King, Council Member Parry, Council Member Jenness and Council Member
Foster voted in opposition.
Council Member Phillips returned to the meeting at
this time.
C.
BALLOT LANGUAGE
RELATED TO REVISION OF CAPITAL SALES TAX, TRANSPORTATION SALES TAX AND ISSUANCE
OF GENERAL OBLIGATION BONDS (Second
reading of each ordinance will occur on August
11, 2008)
1. BALLOT
CERTIFICATION FOR CAPITAL SALES TAX REVISION - ORDINANCE
2. BALLOT
CERTIFICATION FOR TRANSPORTATION SALES TAX REVISION – ORDINANCE
3. BALLOT
CERTIFICATION FOR GENERAL OBLIGATION BONDS – ORDINANCE
Staff outlined the three proposed
ordinances. In response to a question from
Council, staff indicated that the deadline is August 26, 2008 to certify the ordinances so they can be included on the
November ballot.
Council Member King asked that
language addressing completion of South Liberty Parkway phase two be clearly defined in the ballot ordinance.
Ralph
Litton, 406 Arthur, spoke in support of all three proposed ballot ordinances.
Mayor
Steinkamp stated the ordinances would go to second reading at the August 11, 2008 regular session.
D. AMENDMENT
TO TRAFFIC REGULATIONS PERTAINING TO 15 MINUTE PARKING ON KANSAS AND MISSOURI STREETS – ORDINANCE
In response to Council questions,
staff clarified that the location is the parking spots located in front of City
Hall.
Document No. 6894 was read. Council Member King moved to waive the rules
and consider the ordinance on first reading.
Council Member Brenton seconded the motion, which carried unanimously.
Council Member Martin stated that 15
minutes may not be sufficient time for individuals to complete their
transactions at City Hall.
Council Member Martin made a motion
to amend the Ordinance to allow 30 minute parking. Council Member Brenton seconded the motion. Council
Member Jenness moved to approve the ordinance as amended. Council Member Brenton seconded the motion,
which carried 7-1-0.
Council Member Foster voted in opposition.
It was approved by the Chair and is inscribed in Ordinance No. 9343.
E. AMENDMENT
TO CONTRACT WITH KANSAS
CITY AREA
TRANSPORTATION AUTHORITY (KCATA) PERTAINING TO LIBERTY EXPRESS BUS SERVICE – ORDINANCE
Mayor Steinkamp stated that he had
met with area Mayors and the Clay County Commissioners to discuss transit
issues, including increased ridership on the Liberty Express Bus. Staff noted that Council approval to amend
the contract to allow for the second, larger bus was needed by July 30 in order
to have the bus in place for the fourth quarter.
Document No. 6895 was read. Council Member Brenton 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
King seconded the motion. The motion
carried unanimously. It was approved by
the Chair and is inscribed in Ordinance No. 9344.
X. OTHER BUSINESS
XI.
MISCELLANEOUS
MATTERS FROM CITY ADMINISTRATOR
XII.
MISCELLANEOUS
MATTERS FROM MAYOR AND CITY COUNCIL
Council
Member Jenness provided an update from the Citizen Sales Tax Oversight
Committee. The committee continues to
discuss methodology to determine voter intent.
He also stated that the July 22 meeting regarding Kansas Street traffic calming was well attended and this is an
exciting step.
Council
Members Duncan and King stated that they had participated in the Arts
Commission strategic planning session and thanked Community Development Manager
Jonna Wensel for coordinating the meeting.
Council
Member King asked if parking signs could be placed at the Bennett Park tennis
courts. This would assist in spaces
being available for patrons as parking during Sunday church services is limited.
Mayor
Steinkamp thanked departing Deputy City Clerk Jane Sharon for her years of
dedicated service to the City of Liberty.
XIII. ADJOURNMENT
The meeting adjourned at 10:33 p.m.
__________________________________
Mayor
Attest:
_____________________________________
Deputy City Clerk