CITY COUNCIL MEETING
MINUTES
MONDAY, SEPTEMBER 22, 2003
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 September 22, 2003 with Mayor Stephen
P. Hawkins presiding. Mayor Hawkins
called the meeting to order at 7:00 p.m.
II. INVOCATION AND PLEDGE OF ALLEGIANCE
The
invocation was given by Council Member Coni Hadden, who then led the pledge of
allegiance.
III. ROLL CALL
Roll
call was answered by Mayor Stephen P. Hawkins; Ed Collins and Coni Hadden, Ward
I; Anna Marie Martin, Ward II; Lyndell Brenton and Juarenne Hester, Ward III;
and Bill Parker and Jim Robertson, Ward IV.
Also in attendance were Patty Gentrup, City Administrator; Steve Hansen,
Public Works/Development Services Director; Steve Anderson, Planning &
Development Manager; Jackie Carlson, Planner; Jackie Norton, Administrative
Secretary; Linda Tyree, Finance Director; Kathy Goode, Assistant Finance
Director; Craig Knouse, Police Chief; Chris Deal, Parks & Recreation
Director; Gary Birch, Fire Chief; Sara Ott, Assistant to the City Administrator
– Human Resources; Lyndsay Heal, Management Assistant; Jane Sharon, Deputy City
Clerk; George Kapke, Legal Services Provider; Angie Borgedalen, Liberty
Tribune; Joe Cook, Liberty Sun News; and 19 members of the public.
IV. APPROVE MINUTES AND SUMMARIES
A.
REGULAR
SESSION MINUTES OF SEPTEMBER 8, 2003
Council Member Robertson
moved to approve the minutes as distributed.
Council Member Martin seconded the motion, which carried 6-0-1. Council Member Lyndell Brenton abstained,
due to absence.
B.
EXECUTIVE
SESSION MINUTES OF SEPTEMBER 8, 2003
Council Member Hester moved
to approve the minutes as distributed.
Council Member Hadden seconded the motion, which carried 6-0-1. Council Member Lyndell Brenton abstained,
due to absence.
C.
STUDY
SESSION MEETING SUMMARY OF SEPTEMBER 15, 2003
Council Member Hadden moved
to approve the meeting summary as distributed.
Council Member Hester seconded the motion, which carried 6-0-1. Council Member Lyndell Brenton abstained,
due to absence.
V. CITIZENS’ PARTICIPATION
Mayor Hawkins recognized Boy Scout John Cameron,
with Troop 320, working on his Citizenship in the Community badge.
Barbara Lozier, representing Tree Liberty, spoke
about a grant the organization had recently received to plant trees in the
Dougherty Historic District. She stated
that the state grant requires a forty percent match from the organization. Ms. Lozier indicated that Dig Rite would be
marking utilities in the rights of way, so the planting could commence. The Dougherty Historic District was chosen
because if the relatively short time frame within which the organization could
apply for funds. With a homes
association in place in neighborhood and given many trees were lost in the area
as a result of the tornado, this district was selected. She stated that between 65 and 75 trees
would be planted in early November. A
fund-raising campaign called “Re-leaf Liberty” has been launched.
Ms. Lozier also noted that one of the goals of Tree
Liberty is to clean up Mount Memorial Cemetery and then implement a tree
planting next spring, following a design by Patti Banks. Another goal of the organization is for
Liberty to become a Tree City USA. She
stated that one of the requirements for this is the development of a
comprehensive urban forestry program, which the group hopes to implement in
2004, during the city’s 175th anniversary. Ms. Lozier noted that the final component in being able to apply
is a tree ordinance, which City staff is working on.
Lastly, Ms. Lozier stated, as a member of the Park
Board, she appreciated the opportunity to attend the recent conference, which
provided much useful information for the Park Board’s discussions.
Council Member Martin asked what types of trees
would be planted. Ms. Lozier stated
there would be at least three species – maple, ash and something of a
fruit-bearing variety. She stated this
is the first phase, because they want to include oaks, which must be planted in
the spring.
Bobbi Roman stated she lives on South Jewell and
asked for City consideration of repairs needed to the curbs on her street. She stated that she realizes that sidewalks
are the responsibility of the homeowner, but the curbs needing repair are near
the railroad tracks and are a safety hazard.
Mayor Hawkins asked staff to look into the situation.
VI. MEETING SCHEDULE
Mrs. Gentrup stated that there would be a study
session on Monday, September 29, beginning at 7:00 p.m.
A. APPOINTMENTS
Park Board
Appoint Jim Cooper to fill vacancy for term expiring
06-01-04.
Council Member Brenton moved
to approve the appointment. Council
Member Robertson seconded the motion, which carried unanimously.
B. AUTHORIZE EXECUTIVE SESSION TO BE HELD SEPTEMBER 22, 2003 IN
THE COUNCIL CONFERENCE ROOM IMMEDIATELY FOLLOWING THE REGULAR SESSION TO
DISCUSS CONTRACT NEGOTIATIONS AS AUTHORIZED BY 610.021(12) RSMo - MOTION
Council Member Brenton moved
to approve the executive session.
Council Member Robertson seconded the motion, which carried unanimously.
VIII. PUBLIC HEARINGS
A. *ELDERLY APARTMENTS DEVELOPMENT - NOTTINGHAM MANOR - CONSISTING OF 144 UNITS LOCATED ON THE WEST
SIDE OF FOREST AVENUE, NORTHEAST OF M-291 HWY. [Applicant: Kaw Valley
Engineering/ Roundtable LLC] (item # 1 and #2 do not require public
hearings)
Planning & Development
Manager Steve Anderson stated that the preliminary plat was one lot on
approximately four acres. This and the
final plat are the site for proposed elderly apartments on the east side of 291
along Forest. He stated that, in 1987,
the property was rezoned to the north for garden style apartments, in the
middle for office space and the southern part of the property as highway commercial
district. He stated that there was
adequate access to sanitary sewer, but a 4” water main was not considered
adequate and would have to be upgraded to an 8” main. The storm water would be handled through facilities easements. Mr. Anderson stated that the Planning &
Zoning Commission recommended approval of both the preliminary plat and the
final plat.
Council Member Parker asked
about a signal at 291 Hwy. and Forest.
Mr. Anderson said one is not warranted with this development.
Council Member Brenton asked
if storm water is the same as that going through the Triangle and down through
Glenaire. Mr. Hansen said it is and is
adequate to add this development. He
stated that the Storm Water Master Plan had looked at this area
specifically. Mr. Brenton asked if a
basin would be added for this development.
Mr. Anderson said one would be added and there is not one there now.
1. PRELIMINARY PLAT
- RESOLUTION [CASE NO. 03-2001PP]
Council Member Martin moved
to approve the preliminary plat.
Council Member Hadden seconded the motion, which carried unanimously and
is inscribed in Resolution No. 2143.
2. FINAL PLAT – ORDINANCE [CASE NO. 03-2002FP]
Document No. 6114 was
read. Council Member Hadden moved to
waive the rules and consider the ordinance on first reading. Council Member Martin seconded the motion,
which carried unanimously.
Council Member Hester 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. 2144.
3. SPECIAL USE PERMIT TO ALLOW DEVELOPMENT – RESOLUTION
[CASE NO. 03-1099SUP]
Mr. Anderson reviewed the
proposal for a 144-dwelling units, exclusively for the elderly. He stated that this can come under the
special use permit portion of the Zoning Ordinance; otherwise an application
for rezoning the property would be required.
He stated that the adequate facilities ordinance applies to the
application and improvement of Forest all the way to 291 Hwy. would be
required, including the addition of a turn lane. Mr. Anderson said that a signal at Forest and 291 Hwy. would not
be warranted with this development, but would probably be added when the
connection was made into a four-way intersection. He stated there would be a fee in lieu of parkland dedication and
sidewalks would be added on Forest to 291 Hwy.
He stated the parking planned meets city standards as well.
Mr. Anderson stated this
type of use is preferable to development as the property is currently
zoned. A detention basin would be to
the south of the property. Mr. Anderson
noted the buildings face Forest and relate to the street with parking and
drop-off areas in the back (on the west side of the buildings.) He said the character of the buildings lend
themselves to fronting the street with the buildings set back 25 feet from
Forest to accommodate shade trees.
Mr. Anderson stated this
elderly apartment development relates to the apartment development being
proposed for the east side of Forest.
He said the seven findings have been met for a special use permit. He stated the Planning & Zoning
Commission recommended approval of the preliminary plat and final plat and had
a tie vote (3-3) on the special use permit recommendation, with three
stipulations: that the public works permits be issued for the street improvements
prior to a building permit being issued; that the public works permits be
issued for improvement of an existing 4” water line along Forest to an 8” main
from 291 Hwy. through the site prior to building permits being issued; and
prior to occupancy, the drive approach that serves St. Stephen’s Lutheran
Church must be relocated such that it aligns with the southern entrance into
this development.
Council Member Martin asked
why the realignment would be required for the church entrance. Mr. Anderson stated there were grading
issues and the applicant had proposed the realignment to line up with the
entrance at the apartment development.
Mrs. Martin asked if the sidewalks would end at the north end of the
development. Mr. Anderson said they
would. Mrs. Martin asked for
clarification of a signal not being warranted at Forest and 291 with this
development. Mr. Anderson stated that
none would be warranted with the elderly apartment development, but a revised
study to MoDOT would be a part of development on the east side of Forest. Mrs. Martin asked if the funds in lieu of
parkland dedication would be used for gardens.
Mr. Anderson stated that there is a green area between the buildings,
there would be a looped sidewalk around the development and benches at some
locations. Mrs. Martin asked about the
minimum age to live in the apartments.
Mr. Anderson said it was 55 to qualify.
Council Member Hester stated
she thought this was an excellent use of the site, but asked why a special use
permit was being pursued, instead of rezoning the property. Mr. Anderson stated that the applicant would
have to pursue a rezoning if the apartments were not restricted to elderly
apartments as proposed. He said the
apartments would have a different character if elderly only, and the applicant
elected to request the special use permit for this purpose.
Council Member Hadden asked
about the 4 ft. wide sidewalks and the cross walk at Forest and
Nottingham. Mr. Anderson said that
would be a way for pedestrians to cross Forest. Council Member Brenton asked if the traffic study was the same
one done in 2000. Mr. Anderson said it
was and no signal had been warranted with 176-unit development proposed then;
staff was comfortable with no warrant for a signal with this proposed
development. He added that a
development on the east side of Forest would trigger a new study. Mr. Brenton asked about compliance, if there
is a violation of the special use permit.
Mr. Anderson said that staff would contact the applicant and require
that either the buildings be returned to elderly only in operation or that an
application be made for rezoning of the property. If neither was done by the applicant, the staff would address the
situation. Mr. Brenton asked if there
would be fines for violations. Mr.
Anderson said there might be or Municipal Court would address the
violations. He said the applicant’s
intent is to keep the apartments restricted for elderly only.
Mr. Brenton asked about
parking on Forest. Mr. Anderson said
parking on Forest would not be allowed.
Mr. Brenton asked why not when the front of the buildings were to be so
close to Forest. Mr. Anderson said
there is no room to add a drop-off in front of the buildings as there is 25 ft.
from the curb to the building; the drop-off area is in the back. Mr. Brenton asked how this compared to the a
single family residence. Mr. Anderson said the setback is 30 ft. plus the right-of-way for
houses. Council Member Martin asked how
much parking is designated. Mr.
Anderson said normally there are two spaces per unit in a regular apartment
development, but with a designated elderly apartment development, the parking
is figured at 0.6 per unit.
Mayor Hawkins opened the
public hearing and asked if anyone present wished to speak in favor of the
application. Michael Osbourn, Kaw
Valley Engineering, 14700 W. 114th Terrace, Lenexa, Kansas,
introduced Joe Duffey, Roundtable LLC, Don Rosenmann, Rosemann & Associates
Architecture. He stated they had worked
with staff for several months to reach a good conclusion and had agreed to the
stipulations. Council Member Brenton
asked if transportation would be provided.
Mr. Osbourn stated there would be vans available full time at the
apartments for use by the residents to shop or for group activities away from
the apartments. He stated at this
point, the residents are less dependent on personal cars and like
transportation being provided. Mr.
Brenton asked if the transportation is fee-based. Mr. Osbourn stated it is included in the monthly rent.
Council Member Hester asked
if this is assisted living. Mr. Osbourn
said there are common areas in this building, but they are not formal. Council Member Martin asked if the common
area was in the lobby. Mr. Osbourn said
there is a common area on each floor and a garden area with each building. Mrs. Hester asked if the rent is
state-controlled. Mr. Osbourn said the
rent has not yet been defined.
Council Member Collins asked
about the reason doors were placed on the Forest side. Mr. Osbourn said that was based on input
from the Planning & Zoning Commission.
Mayor Hawkins asked if the drives would be covered. Mr. Osbourn said no.
Council Member Martin asked
for clarification of the type of facility that is being planned. Mr. Osbourn said it is independent living
but no meals are provided. Council
Member Hester asked if the only distinction between assisted living and these
elderly apartments would be the transportation. Mr. Osbourn stated there would be more staff than in a standard
facility. Joe Duffey, Roundtable LLC,
1730 S. Withers Road, stated that the elderly is the most underserved and
fastest growing population. He said the
development would provide entertainment, but would not provide housekeeping. The staff would help with social needs of
the residents. Don Rosemann, Rosemann
& Associates Architecture, 1526 Grand Blvd., Kansas City, Missouri, stated
there would be cameras, alarms on the doors and a touch key pad or door swipe
card for residents.
Council Member Brenton asked
if they had given any thought to the drop-off being on the Forest side. Mr. Rosemann stated that City staff had not
wanted the drop-off on the Forest side with Nottingham becoming a collector
street. He stated they preferred the
drop-off be in the back with the parking area.
Mayor Hawkins asked who
would operate the apartments. Mr.
Duffey said Don Nye from Doe Run, Missouri has experience and would oversee the
apartments.
Mayor Hawkins asked if
anyone else wished to speak in favor of the application. Seeing none he asked if anyone present
wished to speak in opposition to the application or had any questions. Sandra Landuyt, 511 N. Forest, asked for a
definition of elderly apartments and noted that New Beginnings is already in
place, asking if this development would be similar. Mr. Anderson stated these apartments would be available to those
55 years of age and older. Ms. Landuyt
asked what the rent would be. Mr.
Duffey said it would be at the market rate and there would not be any assisted
rentals. Ms. Landuyt asked about the
utility/tree line. Mr. Osbourn said a
geotechnical report had not indicated any stability issues. Ms. Landuyt asked how much Forest would be
widened. Mr. Osbourn said the street
would go to 36’, keeping through traffic and there would be a median feature
added at Nottingham to assist in traffic movement. Ms. Landuyt asked how close to the existing property this
development would be. Mr. Anderson said
it would be about 40 ft. Ms. Landuyt
asked for clarification of the street design.
Mr. Osbourn said it would be widened to the end of the property line and
then narrow to the north of that to Nottingham. Ms. Landuyt said 144 units seemed too dense for the area. Mr. Osbourn said it was not considered too
dense.
Mayor Hawkins asked if
anyone else wished to speak to the application. Seeing none, he closed the public hearing.
Mayor Hawkins asked if the
tie vote with Planning & Zoning Commission required anything other than a
simple majority for the Council to approve the special use permit. Mr. Anderson said it did not.
Council Member Hadden asked
where the Forest would narrow. Mr.
Osbourn said it would be at the intersection with Nottingham where the median
feature would be added. Mayor Hawkins
asked if there would be signage regarding the location. Mr. Osbourn said they could work with staff
on that.
Council Member Brenton asked
if the rear of the property is designed for water to go south rather than to
the west. Mr. Anderson said it was
designed specifically to be funneled in that direction. Mr. Brenton asked if traffic signs would be
appropriate on Forest. Mr. Anderson
said that could be considered. Mr. Brenton
stated it seems likely cars will stop on Forest to let people off at the front
doors. Mr. Anderson said that the rear
is designed for parking and the drop-off is clearly identified in the back.
Council Member Hadden moved
to approve the special use permit.
Council Member Robertson seconded the motion, which carried unanimously
and is inscribed in Resolution No. 2144.
A.
ACKNOWLEDGEMENT
OF VENDOR PAYMENTS FROM SEPTEMBER 5, 2003 THROUGH SEPTEMBER 19, 2003 –
ORDINANCE
Document No. 6115 was
read. Council Member Martin moved to
approve the ordinance. Council Member
Hester seconded the motion.
Council Member Martin asked
if the furniture purchased with check no. 78025 had gone out for bid. Mrs. Gentrup stated they had sought bids as
part of the fire station remodeling project.
Council Member Brenton asked
what advertisement had been done through the yellow pages (check no.
78045). Parks & Recreation Director
Chris Deal stated the ad was for the theater rentals and occasionally includes
the Community Center. Mayor Hawkins
asked if the ads were for the Liberty book.
Mr. Deal said the ad was placed in the Kansas City metro area yellow
pages produced by Southwestern Bell.
Council Member Martin asked
if it is typical to pay the period of time included in check no. 78197. Mrs. Gentrup stated the City pays when
invoiced. Mrs. Martin asked if check
no. 78128 was reimbursement. Mrs.
Gentrup said it was.
Vote on the motion was as
follows: Council Member Collins – yes;
Council Member Martin – yes; Council Member Hester – yes; Council Member Parker
– yes; Council Member Hadden – yes; Council Member Brenton – yes; Council
Member Robertson – yes. The motion
carried unanimously; it was approved by the Chair and inscribed in Ordinance
No. 8580.
C. *LIBERTY
TRIANGLE
Mr. Hansen reviewed the progress of the development in the Triangle, including the
redevelopment of Project A, which is the Lowe’s Home Centers development. He stated that the plan was brought to
Council last December and is now ready for Council consideration. He stated that, while a few minor issues
remain to be finalized, the development agreement is sufficiently complete to
be considered by Council. He reviewed
the elements of the development agreement, including property acquisition,
option funds, the Lowe’s project itself, other pad site development within
Project A and land use restrictions. He
stated that the state is now ready to transfer properties to the City.
Council Member Brenton asked for more
specifics with respect to the state property being transferred. Mr. Hansen stated it is along Stewart Road
west of the roundabout, with significant sections coming back to the City. Mr. Brenton asked if that would be done by
quitclaim deed. Mr. Hansen said they
were looking at how it could be conveyed.
Nick Ventola, Integra Realty Resources, stated that discussions are
continuing with the Missouri Department of Transportation. He said the appraisals are done in the
parcels identified as C and B-2. He
said the new commuter lot is expected to have about 91 spaces and the costs
will include curb, guttering and lighting in addition to the land. Mr. Brenton asked about the economics of the
project. Mr. Hansen stated that these
land acquisitions constitute approximately 75,000 sq. ft. of property and if
the commuter lot is added it will be about 240,000 sq. ft. of land being
transferred to the City. Mr. Brenton
asked if the City would make the payments once the commuter lot property was
transferred. Mr. Hansen said it would
not; some of the property would be transferred to additional developers and the
costs would not be born by the City.
Mr. Brenton commented that the City was taking on a lot of roadway that
may require upgrading. Mr. Hansen
stated that Conistor Road was done in conjunction with the 152 Hwy. project and
Glenn Hendren and 152 Hwy. would be a combination of developers and new
development paying the costs. Mr.
Brenton stated he wanted fair value.
Mr. Hansen stated the benefit would be the City having control of
roadway and the land. The signals and
speed limits could now be controlled by the City, allowing the City to be more
proactive. The advantage to the state
is in the reduction of some of its maintenance costs. The City has the advantage of being able to turn over the property
to developers without additional processes involving the state. Mayor Hawkins asked if 152 Hwy. would still
be state highway in this area. Mr.
Hansen said it would become Kansas Street around Conistor and Glenn Hendren
would no longer be state highway, except where 291 Hwy. connects and where 152
Hwy. connects with the I-35 interchange.
1. APPROVAL
OF REDEVELOPMENT PROJECT A OF THE LIBERTY TRIANGLE TAX INCREMENT FINANCING PLAN
AND ADOPTING TAX INCREMENT FINANCING FOR THE REDEVELOPMENT PROJECT – ORDINANCE
(SECOND READING)
XI.
MISCELLANEOUS
MATTERS FROM CITY ADMINISTRATOR – Mrs. Gentrup stated she would be out of town
over the next day and Steve Hansen would be acting city administrator in her
absence.
XII.
MISCELLANEOUS
MATTERS FROM MAYOR AND CITY COUNCIL
Council Member Robertson stated there are potholes
along the entrance to the hospital grounds off Glenn Hendren.
XIII. ADJOURNMENT
The meeting adjourned at 9:31 p.m.
__________________________________
Mayor
Attest:
_____________________________________
Deputy City Clerk