CITY COUNCIL MEETING

MINUTES

MONDAY, APRIL 26, 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 April 26, 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 Bill Parker, 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; LeRoy Coe and Anna Marie Martin, Ward II; Lyndell Brenton, 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; Donna Kay Taylor, Community Center Manager; Linda Tyree, Finance Director; Marcella McCoy, Assistant Finance Director; Gary Birch, Fire Chief; Craig Knouse, Police Chief; Steve Anderson, Planning & Development Director; Julie Lawless, Preservation Planner; Mary Towse, Human Resources Director; Lyndsay Heal, Management Assistant; Jane Sharon, Deputy City Clerk; Summer Harlow, The Kansas City Star; Angie Borgedalen, Liberty Tribune; Joe Cook, Liberty Sun News; and 6 members of the public.

 

IV.       APPROVE MINUTES AND SUMMARIES

 

A.                 REGULAR SESSION MINUTES OF APRIL 12, 2004

 

Council Member Hadden moved to approve the minutes as distributed.  Council Member Robertson seconded the motion, which carried 5-0-2.  Council Members Lyndell Brenton and Bill Parker abstained due to absence.

 

B.                 STUDY SESSION MEETING SUMMARY OF APRIL 19, 2004

 

Council Member Martin moved to approve the meeting summary as distributed.  Council Member Brenton seconded the motion, which carried 5-2-0.  Council Members LeRoy Coe and Jim Robertson abstained due to absence.

 

V.        CITIZENS’ PARTICIPATION

 

A.                 Mayor Hawkins recognized Emma Deuschle, with Girl Scout Troop 408, who is working on a project for her troop.

 

B.                 DAY OF FASTING AND REJOICING PROCLAMATION

 

Mayor Hawkins read the proclamation declaring Thursday, May 6, 2004 as a day of fasting and rejoicing.  He presented the proclamation to Rean Duncan, encouraging all to break the fast at the community prayer breakfast on Friday, May 7, 2004.  He stated the breakfast is sponsored by the Fellowship of the Concerned.

 

C.                 NATIONAL HISTORIC PRESERVATION WEEK PROCLAMATION

 

Mayor Hawkins read the proclamation declaring the week of May 3 – 9, 2004 National Historic Preservation Week.  He presented the proclamation to Harold Phillips, who invited those present to attend the Dougherty Historic Neighborhood Association event on Sunday, May 2, 2004.

 

VI.       MEETING SCHEDULE

 

City Administrator Patty Gentrup stated the meeting schedule stands as printed.

 

VII.      CONSENT AGENDA

 

Mrs. Gentrup noted that a revised agenda including the authorization for an executive session had been distributed and the press had been contacted that morning about the addition.

 

Council Member Collins requested that the Celebration Liberty fireworks display be removed from the Consent Agenda and voted on separately.

 

A.        PURCHASE OF SOFTWARE MAINTENANCE AND UPGRADES FOR GIS FROM ESRI, INC. IN THE AMOUNT OF $7,569.86 –MOTION

 

Council Member Robertson moved to approve the purchase.  Council Member Brenton seconded the motion, which carried unanimously.

 

B.         AUTHORIZATION FOR STREET LIGHT INSTALLATION – MOTION

 

Council Member Robertson moved to approve the authorization.  Council Member Brenton seconded the motion, which carried unanimously.

 

C.         PURCHASE OF COMMUNITY CENTER FITNESS EQUIPMENT FROM ADVANCED EXERCISE EQUIPMENT IN THE AMOUNT OF $13,425 – MOTION

 

Council Member Robertson moved to approve the purchase.  Council Member Brenton seconded the motion, which carried unanimously.

 

D.        AUTHORIZE EXECUTIVE SESSION TO BE HELD APRIL 26, 2004 IN THE COUNCIL CONFERENCE ROOM IMMEDIATELY FOLLOWING THE STUDY SESSION TO DISCUSS REAL ESTATE MATTERS AS AUTHORIZED BY 610.021(2) RSMo AND CONTRACT NEGOTIATIONS AS AUTHORIZED BY 610.021(12) RSMo – MOTION

 

Council Member Robertson moved to approve the authorization.  Council Member Brenton seconded the motion, which carried unanimously.

 

E.         CELEBRATION LIBERTY FIREWORKS DISPLAY BY ALL AMERICAN DISPLAY FIREWORKS (WALD AND CO., INC.) IN THE AMOUNT OF $10,000 – MOTION

 

Council Member Brenton moved to approve the display purchase.  Council Member Martin seconded the motion.  Council Member Collins stated his objection to spending $10,000, which he considered a waste for the time and the noise involved.  Council Member Brenton commended staff for obtaining a three-year agreement for the same price.  Council Member Hadden stated the agreement also added more fireworks each year.  The motion carried 5-0-2.  Council Members Collins and Coe voted in opposition.

 

VIII.     PUBLIC HEARINGS – None.

 

IX.       ORDINANCES, CONTRACTS AND RESOLUTIONS

 

A.        ACKNOWLEDGEMENT OF VENDOR PAYMENTS FROM APRIL 9, 2004 THROUGH APRIL 23, 2004 – ORDINANCE

 

Council Member Robertson requested that check nos. 82044 and 82045 be removed and voted on separately.

 

Document No. 6199 was read.  Council Member Hadden moved to approve the ordinance.  Council Member Parker seconded the motion.

 

Council Member Martin asked about check no. 81935 paying for fuel.  She stated she thought the contract this year had been approved with another vendor.  Public Works Director Steve Hansen said he would check and provide an answer.

 

Vote on the motion was as follows:  Council Member Collins – yes; Council Member Martin – yes; Council Member Parker – yes; Council Member Hadden – yes; Council Member Coe – yes; Council Member Brenton – yes; Council Member Robertson – yes.  The motion carried unanimously; it was approved by the Chair and inscribed in Ordinance No. 8665.

 

Council Member Martin moved to approve check nos. 82044 and 82045.  Council Member Brenton seconded the motion.

 

Vote on the motion was as follows:  Council Member Collins – yes; Council Member Martin – yes; Council Member Parker – yes; Council Member Hadden – yes; Council Member Coe – yes; Council Member Brenton; Council Member Robertson – abstain.  The motion carried 6-0-1 with Council Member Robertson abstaining due to a potential conflict of interest; it was approved by the Chair.

 

Council Member Robertson left the meeting at this time.

 

B.         *PRELIMINARY PLAT FOR OAKWOOD BUSINESS PARK, WEST OF CHURCH ROAD AND NORTH OF POWELL DRIVE, [P&Z CASE NO. 04-2016PP, APPLICANT: ROBERTSON PROPERTIES] – RESOLUTION

 

Planning & Development Director Steve Anderson stated that the preliminary plat and final plat for Oakwood Business Park were for three separate lots being replatted into one larger lot.  He stated the three lots has three separate zoning designations – M-2, Heavy Industrial District, C-3, Highway Business District, and C-2, General Business District.  He stated the northern portion of the lots was split by commercial with the south being primarily industrial.  Mr. Anderson stated a preliminary plat had been approved in 2001 covering the northern portion only, but with this preliminary plat the lower lots had been added.

 

He stated that access would be via Church Road and extension of a 12” water main would be required to connect at the Hills of Oakwood.  He noted that a street network had initially included one public street that was later removed by the applicant because there were no perceived connections necessary to the north, south or west.  Mr. Anderson noted the access point at Powell Drive and to the north, the applicant is working with MoDOT, which is requiring one, and maybe two, turn lanes into the development.

 

Mr. Anderson stated the application complies with City standards for storm water and is contemplating adding a conforming amenity in the form of a natural greenway.  He stated the Planning & Zoning Commission recommended approval of both the preliminary plat and the final plat.

 

Council Member Martin asked if the greenway is likely to be incorporated in the site plans.  Mr. Anderson stated the standards do not necessitate this design, but it would be beneficial to all to have it in place.

 

Council Member Coe moved to approve the preliminary plat.  Council Member Hadden seconded the motion, which carried unanimously and is inscribed in Resolution No. 2164.

 

C.         *FINAL PLAT FOR OAKWOOD BUSINESS PARK, [P&Z CASE NO. 04-2017FP, APPLICANT: ROBERTSON PROPERTIES] – ORDINANCE

 

Document No. 6200 was read.  Council Member Hadden moved to waive the rules and consider the ordinance on first reading.  Council Member Coe seconded the motion, which carried unanimously.

 

Council Member Coe moved to approve the ordinance.  Council Member Parker seconded the motion.  Council Member Brenton asked about the water runoff with the slope of the lots pitched about 30 ft. at the rear.  Ron Cowger, AGC Engineering, 2120 W. College, Liberty, stated that they anticipated the site would provide detention, either in the form of a regional basin along Powell Drive and Church Road or each site plan would include individual detention.  He stated the regional design is better aesthetically.  Mr. Brenton asked if the wording in the ordinance was strong enough.  Mr. Anderson stated the ordinance is very specific and strict.  He stated each site plan would be reviewed for compliance with the storm water plan.

 

Council Member Hadden asked if the decision to handle detention individually would require it to go into a central location.  Mr. Cowger stated it would, but it could go into an underground pipe or above ground.  Mrs. Hadden asked if one site plan decides to go individually, the others would have to be redone.  Mr. Cowger said they would not.

 

The motion carried unanimously; it was approved by the Chair and is inscribed in Ordinance No. 8666.

 

D.                 *SITE PLAN FOR 12,545 SQ. FT. BUILDING ON LOT 6, CHURCH ROAD BUSINESS PARK, SOUTH OF KARA COURT, [P&Z CASE NO. 04-225SP, APPLICANT: VALCON CONSTRUCTION/AGC ENGINEERS] – RESOLUTION

 

Council Member Robertson returned to the meeting at this time.

 

Mr. Anderson stated that this is a site plan for Lot 6 in Church Road Business Park.  He stated that all requirements for the adequate facilities ordinance have been met and the plan is in full compliance.  He stated the property is zoned M-1, Light Industrial and office, wholesale and storage were anticipated as the uses.  Mr. Anderson noted that a curb cut would be added to facilitate truck traffic.  He reviewed the exterior for the buildings, noting a smooth finish for the hidden metal panels with accenting along the front and along Church Road elevations.  He stated that, on Kara Ct., a few dock doors would be added to separate truck traffic.  He added that, given the shallowness of the lot, the dock doors were positioned on the front of the building.

 

Mr. Anderson stated that this site plan met the threshold for administrative (staff) approval, but due to the compliance issues related to the dock doors, it was coming forward for Council consideration.  He stated the landscaping planned for the site met the City standards.  He stated that the Planning & Zoning Commission recommended approval of the site plan.  He stated that, with Council direction on this site plan, staff could review others in this business park administratively.  He stated dock doors would be placed in the rear for other site plans.

 

Mayor Hawkins asked what protections would be in place for other site plans.  Mr. Anderson stated that the site plan references an attached plan and the minutes of this meeting and the staff report would be sufficient to direct future review.  Mayor Hawkins asked about the language in the site plan resolution stating it duly conforms to the Zoning Ordinance.  Mr. Anderson stated the language regarding dock doors states they should be “deemphasized”.

 

Council Member Martin asked what would happen if the others in this development proposed dock doors on the front.  Mr. Anderson stated this particular lot was too narrow to accommodate trucks going to the back.  He stated that staff would encourage applicants to design the dock doors in such a way they would not be visible.  He said this would not likely be a problem due to the scale of the buildings and lower truck traffic.  Council Member Hadden asked what would happen if the other lot developers propose front dock doors due to anticipating the same minimal truck traffic.  Mr. Anderson stated that site plans reaching that threshold would come to Council for consideration on a case-by-case basis.  He stated that the Planning & Zoning Commission was very specific with the two lots facing Church Road, the dock doors would not be on Church Road.  Council Member Hadden asked if the landscape would help camouflage the doors.  Mr. Anderson said it would soften the look.

 

Council Member Martin moved to approve the site plan.  Council Member Hadden seconded the motion, which carried unanimously and is inscribed in Resolution No. 2165.

 

E.         AMENDMENT TO CONSTRUCTION CONTRACT WITH HAVENS CONSTRUCTION FOR THE WEST INTERCEPTOR SEWER REPAIR IN THE AMOUNT OF $450,000.00 - ORDINANCE

 

Mrs. Gentrup stated that Council had reviewed this project in last week’s study session and this contract amendment was required to complete the project.

 

Document No. 6201 was read.  Council Member Martin moved to waive the rules and consider the ordinance on first reading.  Council Member Robertson seconded the motion, which carried unanimously.

 

Council Member Coe moved to approve the ordinance.  Council Member Martin seconded the motion.  Council Member Collins commented that he had no idea the extent of the project and the staff presentation had been very helpful.  The motion carried unanimously; it was approved by the Chair and is inscribed in Ordinance No. 8667.

 

X.         OTHER BUSINESS – None.

 

XI.               MISCELLANEOUS MATTERS FROM CITY ADMINISTRATOR

 

Mrs. Gentrup noted the press release in Council’s packets regarding 175^th anniversary activities.  She asked Council to contact the executive secretary about participating in the reenactment on May 7.

 

Mrs. Gentrup reminded Council of the championship field dedication at the sports complex next Friday at 5:45 p.m.

 

XII.            MISCELLANEOUS MATTERS FROM MAYOR AND CITY COUNCIL

 

Council Member Brenton asked for staff to look at putting the parking limit signs back on Water Street, south of Mill Street.

 

Council Member Hadden stated that potholes on East Franklin between Jewell and Lightburne had been filled once, but were needing attention again.  Along Lightburne, which she recognizes is state-maintained, the highway is ragged and needs attention.

 

Council Member Martin stated that the caution light west of Lewis & Clark Elementary School is not working.

 

Council Member Collins stated that he had a street-sweeper request along 291 Hwy.

 

XIII.     ADJOURNMENT

 

            The meeting adjourned at 7:43 p.m.

 

 

 

                                                                                                __________________________________

Mayor

Attest:

 

 

 

_____________________________________

Deputy City Clerk