CITY COUNCIL MEETING

MINUTES

MONDAY, OCTOBER 25, 2004

 

 

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 25, 2004 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 Jim Robertson, 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; Cynthia Boecker, Assistant City Administrator; Steve Hansen, Public Works Director; Chris Deal, Parks & Recreation Director; Steve Anderson, Planning & Development Director; JacLyn Carlson, Planner; Gary Birch, Fire Chief; Craig Knouse, Police Chief; Mary Towse, Human Resources Director; Lyndsay Heal, Management Assistant; Jane Sharon, Deputy City Clerk; Kelly Garbus, The Kansas City Star; Angie Borgedalen, Liberty Tribune; Joe Cook, Liberty Sun News, and 7 members of the public.

 

IV.       APPROVE MINUTES AND SUMMARIES

 

A.                 REGULAR SESSION MINUTES OF OCTOBER 11, 2004

 

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

 

B.                 EXECUTIVE SESSION MINUTES OF OCTOBER 11, 2004

 

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

 

V.        CITIZENS’ PARTICIPATION

 

Mayor Hawkins recognized Zac Kesner with Troop 376, present with his father Jeff Kesner.  The scout says he is working on his Citizenship and the Community badge.

 

VI.       MEETING SCHEDULE

 

Mrs. Gentrup reminded Council of the joint study session with Planning & Zoning Commission tomorrow night, which begins at 6:00 p.m.  The group will review the full draft of the Unified Development Ordinance.

 

VII.            CONSENT AGENDA

 

A.                 APPOINTMENTS

 

Liberty Community Christmas Tree Advisory Commission

 

Appoint Charles Small as an auxiliary member – term to expire 5-1-06.

 

            License Tax Review Committee

 

            Reappoint Marianne Hill to term expiring 11-1-06.

 

Council Member Martin moved to approve the appointments.  Council Member Hester seconded the motion, which carried unanimously.

 

B.         AUTHORIZATION FOR STREETLIGHT INSTALLATION – MOTION

 

Council Member Martin moved to approve the installation.  Council Member Hester seconded the motion, which carried unanimously.

 

VIII.     PUBLIC HEARINGS

 

A.        *SPECIAL USE PERMIT FOR CONSTRUCTION OF TWO MULTI-FAMILY STRUCTURES AT 438 EAST FRANKLIN [P&Z CASE NO. 04-2033SUP, APPLICANT: ROGER GAUNT/MINGUS/KILLORGEN PROPERTIES – RESOLUTION

            (Planning & Zoning Commission continued public hearing to November 9, 2004.)

 

Mayor Hawkins opened the public hearing.

 

1.         CONTINUE PUBLIC HEARING TO NOVEMBER 22, 2004 REGULAR SESSION OF CITY COUNCIL – MOTION

 

Council Member Hester moved to continue the public hearing to the November 22, 2004 regular session of City Council.  Council Member Robertson seconded the motion, which carried unanimously.

 

2.         CONTINUE CONSIDERATION OF P&Z CASE NO. 04-2033SUP TO NOVEMBER 22, 2004 REGULAR SESSION OF CITY COUNCIL – MOTION

 

Council Member Hadden moved to continue consideration of P&Z Case No. 04-2033SUP to the November 22, 2004 regular session of City Council.  Council Member Martin seconded the motion, which carried unanimously.

 

B.         *REZONING OF PROPERTY AT 837 REED FROM R-1C, STANDARD SINGLE-FAMILY RESIDENTIAL DISTRICT TO C-0, NON-RETAIL BUSINESS DISTRICT TO ALLOW A BUSINESS IN A RESIDENTIAL STRUCTURE [P&Z CASE NO. 04-2036R, APPLICANT: JOHN SCHWARZEL] – ORDINANCE

 

Planner JacLyn Carlson stated that the application is to rezone property at 837 Reed Street from R-1C, standard single family residential district to C-0, non retail business district.  She noted properties surrounding the one in question are zoned R-1C to the north and east, CP-2, planned general business district to the south and C-2, general business district to the west.  She stated the applicant will remodel the interior of the structure to accommodate an insurance office, while maintaining the residential character of the exterior.  The existing driveway approach will be removed and placed on the north side of the structure, placing it further from the intersection.  Ms. Carlson said the applicant would add four off-street parking spaces in front of and along the north side of the structure.  She stated that an existing fence and several shrubs on the north side of the property would serve as a buffer between the residential and business uses.  A site plan would be reviewed administratively prior to any work being done to the site.  She stated that Planning & Zoning Commission recommends approval of the rezoning with the stipulation that a site plan depicting the relocated drive approach, parking areas and defined landscape buffer must be approved prior to obtaining the necessary building permits to remodel the structure.

 

Council Member Brenton stated, with regard to the Roadway Development Tax, he was surprised an office has no more impact than a residential house and asked if the specific use is considered in the determination.  Public Works Director Steve Hansen said the space would be categorized as general office.  Planning & Development Director Steve Anderson said the additional traffic generated for an office use is based on square feet in accordance with the traffic manual.  Mr. Brenton stated it appeared to him to be a flaw in the calculation.  He asked if there had been any adverse comments.  Ms. Carlson said, though several had inquired, no negative comments were received.

 

Mayor Hawkins asked how the office category is referenced in the traffic manual.  Mr. Anderson said it looks at p.m. peak hour trips generated per 1,000 square feet.  He added that, given the small size of the structure, there was clearly less impact than with a residential use.  Mayor Hawkins asked the square footage of this structure.  Mr. Anderson said it is 1,100 sq. ft.  Council Member Hadden asked how residential property is calculated for the Roadway Development Tax.  Mr. Anderson said it is based on number of units, whereas commercial is calculated based on square footage.  Council Member Brenton again expressed concern about the calculation and suggested a change be considered toward fairness.  Mrs. Gentrup said the Roadway Development Tax is applicable to new residences and new business.  As the structure is not new, but a new use is being proposed, it was assessed on square footage due to the proposed use.

 

Mayor Hawkins opened the public hearing and asked if anyone present wished to speak in favor of the application.  Applicant John Schwarzel, 420 N. LaFrenz Rd., said he had been a resident of Liberty for twenty-two years and had operated his business here in Westowne and the UMB bank building.  When he had to look for a new location for his business, he did not want to go across the highway.  He said he had been told the tax assessment rate at this location would double, in going from a residence to a business.  Because most of his business is conducted on the phone, Mr. Schwarzel stated he only has about three to four people a day come into the office.

 

Mayor Hawkins asked if anyone else present wished to speak in favor of the application.  Seeing none, he asked if anyone present wished to speak in opposition to the application.  Seeing none, he closed the public hearing.

 

Document No. 6266 was read.  Council Member Brenton moved to waive the rules and consider the ordinance on first reading.  Council Member Hadden seconded the motion, which carried unanimously.

 

Council Member Hester moved to approve the ordinance.  Council Member Robertson seconded the motion, which carried unanimously.  It was approved by the Chair and is inscribed in Ordinance No. 8732.

 

IX.       ORDINANCES, CONTRACTS AND RESOLUTIONS

 

A.        ACKNOWLEDGEMENT OF VENDOR PAYMENTS FROM OCTOBER 8, 2004 THROUGH OCTOBER 22, 2004 – ORDINANCE

 

Document No. 6267 was read.  Council Member Hadden moved to approve the ordinance.  Council Member Martin seconded the motion.

 

Council Member Brenton asked whether expenses associated with the Liberty Triangle Tax Increment Financing (TIF) District have been expensed back to the TIF.  Mrs. Gentrup said they have.  Finance Director Linda Tyree said all expenses associated with the Triangle redevelopment are being tracked separately and some will be reimbursable upon the issuance of the bonds.

 

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. 8733.

 

B.         * NOTTINGHAM POINTE - 176-UNIT APARTMENT COMPLEX AND CLUBHOUSE AT FOREST AVENUE AND NOTTINGHAM DRIVE

 

1.         FINAL DEVELOPMENT PLAN AND FINAL PLAT [PZ CASE NO. 04-2026FDP, APPLICANT: KAW VALLEY ENGINEERS/ROUNDTABLE LLC] – ORDINANCE

 

Ms. Carlson stated the application for a final development plan and final plat is for property east of Forest Avenue and north of St. Stephen’s Lutheran Church.  She noted that 176 units, a pool, clubhouse and garages are included in the plan.  Ms. Carlson stated a preliminary development plan was approved by Council in September 2003 upon which this application is based.  She stated that Forest Avenue will be improved to a 36-foot wide collector street from the northern boundary of the development to M-291 Highway.  Nottingham Drive will be extended to the west, intersecting with Forest Avenue.  Extended Nottingham Drive will be narrowed to 32 feet wide, thus creating a narrower street to slow traffic as it descends the slope and intersects with Forest Avenue.

 

Ms. Carlson stated the development of this property has a long history, mostly related to storm water.  She stated the applicant must complete several storm water improvements, identified in an earlier settlement agreement pertaining to this property.  She noted two detention basins, one on-site near the property’s southeast corner and the other located on the west side of Forest Avenue on the northwest portion of the proposed elderly apartments’ site.  Ms. Carlson stated there would be a conservation easement placed over 2.6 acres, which will also assist in mitigating the impact of storm water.

 

Ms. Carlson stated that the applicant will upgrade an existing four inch water line to an eight inch main in conjunction with the Forest Avenue street improvements.  She described the 2-3 split of the building elevations, appearing as a two-story building from one side and a three-story building from the other view.  Stone accenting, balconies and patios are part of the exterior design.  She stated that some areas of the development will be preserved within the conservation easement and extensive planting of trees and shrubs are called for throughout the site.

 

Ms. Carlson said the application conforms to the preliminary development plan and the Zoning Ordinance/Subdivision Regulations.  The Planning & Zoning Commission recommends approval of the application with the stipulation that prior to obtaining any building permits, the details regarding retaining walls and handrails must be submitted and approved.

 

Council Member Brenton stated his major objection to the plan is the retaining wall height.  He asked for more detail.  Ms. Carlson stated the tallest wall would be 34 feet in height; either natural stone or a terra crib with plantings would be used  She stated the exact material would not be known until work commenced and the amount of stone was determined.  Council Member Hadden asked about the height of the retaining wall on Kansas Street.  Ms. Carlson said it was 19-20 feet at the tallest section.  Mayor Hawkins asked for clarification of the position of the wall.  Ms. Carlson said it would be on the opposite side of Nottingham Drive from the apartments.  Council Member Hester asked if the 34-ft. height meant there was a sheer drop-off.  Ms. Carlson said the wall goes up from the road to a green area.

 

Mrs. Hester asked if the detention basins were dry unless storm water collected in them.  Mr. Anderson said that was correct.  Mrs. Hester asked if the conservation easement meant the area would not be disturbed, even during construction.  Ms. Carlson said that was correct.

 

Council Member Hadden asked for clarification of the placement of the garages.  Ms. Carlson said they were placed in several locations throughout the development.  Mrs. Hadden asked if that meant there would be no long expanse of nothing but garages.  Ms. Carlson said that was correct.

 

Council Member Robertson asked why the Corps of Engineers report was required.  Mr. Hansen said a channel parallels Clayview and the waterway is under U.S. jurisdiction.  Part of the settlement agreement requires the developer to clean out that channel, which calls for a Corps of Engineers permit.  He stated that, if a permit cannot be obtained, it would only be because the Corps won’t issue one.

 

Document No. 6268 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 Martin moved to approve the ordinance.  Council Member Hester seconded the motion.  Council Member Brenton stated he was concerned about the wall being directly adjacent to the residential property.  Mr. Anderson said staff and the applicant had talked about this several times including what alternatives were available.  He said the only way to get Nottingham Drive through and minimize the grade of the street was to add the retaining wall.  He said discussions had included consideration of not extending Nottingham Drive, but it was decided the access was needed.  Mr. Anderson noted that the retaining wall had been included in the preliminary development plan approved last year.

 

Mike Osborne, Kaw Valley Engineering, 14700 W. 114^th Terrace, Lenexa, Kansas, stated that the tallest portion of the wall is against the conservation easement area and is closer to 20 feet in height near the residential area.  He said this was the lowest wall height that could maintain the required street grade.  Mayor Hawkins asked about the slope of the wall.  Mr. Osborne said it was between one and five feet.  Mayor Hawkins asked if the back of the wall

backs up to back yards of residences.  Mr. Osborne said it would.  He said there is a rail on the wall, which is required on anything higher than 30 inches.  In response to a question from Council Member Martin, Mr. Osborne added that there cannot be more than a four inch gap in the vertical railing.

 

The motion carried 6-1-0.  Council Member Brenton voted in opposition.  It was approved by the Chair and is inscribed in Ordinance No. 8734.

 

2.         DEVELOPMENT AGREEMENT WITH ROUNDTABLE LLC – ORDINANCE

 

Document No. 6269 was read.  Council Member Martin moved to waive the rules and consider the ordinance on first reading.  Council Member Hadden seconded the motion, which carried unanimously.

 

Council Member Hadden moved to approve the ordinance.  Council Member Robertson seconded the motion, which carried 6-1-0.  Council Member Brenton voted in opposition.  It was approved by the Chair and is inscribed in Ordinance No. 8735.

 

C.         AGREEMENT WITH HNTB CORPORATION IN AN AMOUNT NOT TO EXCEED $1,071,000 FOR ENGINEERING SERVICES PERTAINING TO FLINTLOCK ROAD OVERPASS – ORDINANCE

 

Mrs. Gentrup stated that City staff, MoDOT the School District and the Kansas City Economic Development Council had interviewed firms and selected HNTB Corporation for this project.  She stated the contract is now in conformance with MoDOT requirements.

 

Council Member Hadden asked for confirmation that the price hasn’t changed.  Mr. Hansen stated the estimated engineering costs are $1,071,000 which will be paid using federal and City funds.  He said this would include preliminary engineering design and environmental assessment.  In two or three years, Mr. Hansen said, the agreement would be amended to include final costs, which are to be shared by the School District and the Kansas City TIF.

 

Document No. 6270 was read.  Council Member Robertson 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 Hester seconded the motion.  Council Member Brenton asked if the second phase is not done, would it diminish the value of this phase.  Mr. Hansen stated that this would be a good body of work.  He noted this phase could result in the determination that the project can’t be built, based on the environmental study.  He referred to a funding agreement between MoDOT and the City, approved earlier, that requires the project to be fully designed or the federal funds must be returned through the State.  If the environmental assessment says the project cannot be done, however, the funds would not have to be returned.  Mr. Brenton asked if costs would be known at the end of this phase.  Mr. Hansen said they would have a good idea as the project would be about 70% complete at that point.  He said the City is spending $133,000 to find out.  He stated this phase would include design estimates and all necessary clearances.  Mayor Hawkins said there would be no bids at that point.  Mr. Hansen said that was correct.

 

Council Member Brenton asked if it would be up to the school district and the Kansas City TIF to make the decision to proceed at that point.  Mr. Hansen said the State and the City would consult with them to continue on the project, but all costs for the second phase would be split between the Kansas City TIF and the school district.  He said the City would be reimbursed for all expenses it incurs in continuing the project.  Council Member Hester asked if the agreements in place with those entities are not tied to costs.  Mr. Hansen said that is correct and they will bear all additional costs.

 

The motion carried unanimously; it was approved by the Chair and is inscribed in Ordinance No. 8736.

 

X.         OTHER BUSINESS

 

Mrs. Gentrup stated the following purchases were identified and recommended in the mid-year review.

 

A.                 PURCHASE OF REPLACEMENT SKID LOADER FROM DEAN MACHINERY IN THE AMOUNT OF $40,000 – MOTION

 

Council Member Martin moved to approve the purchase.  Council Member Hadden seconded the motion, which carried unanimously.

 

B.                 PURCHASE OF TWO DEFIBRILLATORS FROM MEDTRONIC EMERGENCY RESPONSE IN THE AMOUNT OF $44,324.79 – MOTION

 

Council Member Hadden moved to approve the purchase.  Council Member Robertson seconded the motion.  Council Member Martin asked about the benefit of spreading out the purchases.  Fire Chief Birch said the City has five defibrillators and is buying two.  Council Member Parker asked how many need to be upgraded after this purchase.  Chief Birch said the remaining three would need to be upgraded but there is currently no timeframe in which to do that.  Mr. Parker asked where the new defibrillators would be placed.  Chief Birch said they would go with the first line ambulances and the others would be in the back-up vehicles.

 

The motion carried unanimously.

 

XI.               MISCELLANEOUS MATTERS FROM CITY ADMINISTRATOR

 

Mrs. Gentrup reminded Council of the joint study session tomorrow evening with the Planning & Zoning Commission for a final review of the Unified Development Ordinance.  She noted the meeting begins at 6:00 p.m. and a light meal will be served at 5:30 p.m.

 

Mrs. Gentrup said that this is fall cleanup week in Liberty.  She also noted that a Papa Murphy’s Pizza and Subway are going into the space recently vacated by Payless Shoe Source.

 

Mrs. Gentrup stated that Melinda Mehaffy has resigned as president of the Liberty Area Chamber of Commerce and has accepted a position with Gladstone doing economic development.  Her last day is November 30.

 

Mrs. Gentrup stated the Liberty Housing Authority has signed a lease to relocate to the old Commerce Bank building on the square.  She said they will be here until April 2005.

 

Mrs. Gentrup announced the birth of twin girls to Public Relations Coordinator Sara Cooke and her husband Steve.  The girls were eight weeks premature and will remain hospitalized between four and six weeks.

XII.            MISCELLANEOUS MATTERS FROM MAYOR AND CITY COUNCIL

 

Council Member Robertson asked staff to look at LaFrenz Road south of Richfield where asphalt work was being done and an area had been damaged.  He also asked staff to look into streets being closed by PAR in Clay Meadows while the company was installing utility poles.  Mr. Hansen said he would check on both.

 

Council Member Brenton asked for an update on the overlay project.  Mr. Hansen said the contractor had been taking out curbs along Morse Street.  The curbs would be replaced, then the street surface would be milled and then the overlay would start.  He said the project was totally dependent on the weather at this point.

 

Council Member Martin said her neighbor had reported a car driving across the lawn and damaging a political sign.  She asked if there had been other reports of vandalism.  Police Chief Craig Knouse said they receive vandalism reports from time to time, but he was not aware of any politically-related incidents.

 

XIII.     ADJOURNMENT

 

The meeting adjourned at 7:56 p.m.

 

 

 

                                                                                    __________________________________

Mayor

 

Attest:

 

 

 

_____________________________________

Deputy City Clerk