CITY COUNCIL MEETING
MINUTES
MONDAY, MAY 24, 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 May 24, 2004 with Mayor Stephen P. Hawkins presiding. Mayor Hawkins called the meeting to order at 7:01 p.m.
II. INVOCATION AND PLEDGE OF ALLEGIANCE
The
invocation was given by Council Member Anna Marie Martin, 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 Jim Robertson, Ward IV. Also in
attendance were Patty Gentrup, City Administrator; Cynthia Boecker, Assistant
City Administrator; Mike Lawless, City Engineer; Chris Deal, Parks &
Recreation Director; Linda Tyree, Finance Director; Mary Towse, Human Resources
Director; Gary Birch, Fire Chief; Craig Knouse, Police Chief; Sara Cooke,
Public Relations Coordinator; Lyndsay Heal, Management Assistant; Janet
Pittman, Executive Secretary; Jane Sharon, Deputy City Clerk; Angie Borgedalen,
Liberty Tribune; Joe Cook, Liberty Sun News; and 9 members of the public.
IV. APPROVE MINUTES AND SUMMARIES
A.
SPECIAL SESSION
MINUTES OF MAY 10, 2004
Council Member Hester moved to approve the minutes as
distributed. Council Member Hadden
seconded the motion, which carried 5-0-1.
Council Member Robertson abstained due to absence.
B.
EXECUTIVE SESSION
MINUTES OF MAY 10, 2004
Council Member Martin moved to approve the minutes as
distributed. Council Member Brenton
seconded the motion, which carried 5-0-1.
Council Member Robertson abstained due to absence.
C.
REGULAR SESSION
MINUTES OF MAY 10, 2004
Council Member Hadden moved to approve the minutes as
distributed. Council Member Martin
seconded the motion, which carried 5-0-1.
Council Member Robertson abstained due to absence.
V. CITIZENS’ PARTICIPATION
A. PROCLAMATION FOR SMALL CITIES AND TOWNS DAY
Mayor Hawkins read the proclamation and presented it
to Council Member Coni Hadden, Missouri Municipal League President. Mrs. Hadden stated she would take the
proclamation to a meeting of the National League of Cities Small Cities
Steering Committee in Tennessee. She stated
the group works to have the strengths and benefits of small cities recognized.
VI. MEETING SCHEDULE
Mrs.
Gentrup stated that there would be no meeting on Monday, May 31. She noted that City Hall would be closed that
day for the Memorial Day holiday. Mrs.
Gentrup stated the next meeting of City Council would be a joint meeting with
the Planning & Zoning Commission, on June 7 to discuss the unified
development ordinance.
Mayor
Hawkins noted that trash pickup would be one day late during the week of the
holiday.
A. APPOINTMENTS
Parks
& Recreation Board
Reappoint
Jim Cooper to a term expiring 6/1/07.
Reappoint
Jim Tanner to a term expiring 6/1/07.
Council Member Martin moved to approve the
appointments. Council Member Hester
seconded the motion, which carried unanimously.
VIII. PUBLIC HEARINGS
A. *SPECIAL
USE PERMIT FOR THE OPERATION OF A PRE-OWNED VEHICLE SALES LOT AT 2801 N. LIGHTBURNE ST. [P&Z CASE NO. 04-2021SUP] – RESOLUTION
Planner JacLyn Carlson stated that the application is
to allow the operation of a pre-owned vehicle sales lot at 2801 N. Lightburne St. She noted
that the property is zoned C-1, Neighborhood Business District and the
surrounding properties are zoned R-1A, Surburban Residential District, with
open space to the north and south, the Earnest Shepherd Youth Center to the
east and a commuter parking lot and open space to the west. Ms. Carlson stated that an application to
rezone the property to C-2, General Business District, was denied in February
2004.
Ms. Carlson stated that a gas station had previously
operated on the lot as a legal nonconforming use because it was in place before
the adoption of the zoning ordinance. Because
the station had not been operational for more than ninety days, however, the
site is no longer a legal nonconforming use.
Therefore, she said, any subsequent use of the property must conform to
the C-1 zoning district.
Ms. Carlson stated the site has direct access to M-33
Hwy. and M-69 Hwy., both of which are state-regulated. The site has been served by an off-site
lateral field, regulated by the Clay County Health Department, and is served by
a 12” water main that runs along the southern portion of the property. She stated that because City development
standards require new development to connect to public sewer, three
stipulations are recommended, should the application be approved: 1) there is proof the septic system is
functional and meets all county health standards; 2) the county health
department has determined the system can support the proposed use; and 3)
because the lateral field extends off-site, an easement permitting this
extension must be secured by the property owner.
Ms. Carlson stated that the application met five of
the seven findings as outlined in the Zoning Ordinance as necessary for
granting a special use permit. Not met
was the finding that “the proposed use is one specifically permitted under
Section XXIV (D)” as pre-owned vehicle sales lots are not listed
as permitted
uses. Also not met was the finding that
“the proposed use is consistent with the goals and policies of the City’s
Comprehensive Plan.” While it meets the land use designation for business use,
it does not meet the standards for the gateway
designation.
Ms. Carlson stated that the Future Land Use Plan indicates the
property is envisioned to develop as a business area, which allows commercial
uses so long as they are located along a major highway
corridor and they do not dominate the business area. Thus, the proposed
use is in keeping with the business designation for this area.
Ms. Carlson stated that the area is also designated as
a gateway or major entry point into the City.
She stated the Future Land Use Plan calls for gateways to be
“high-quality development with close attention to details.” She noted gateways should be built using the
Neighborhood Principles of the Blueprint for Liberty as a guide.
Ms. Carlson said the principles also emphasize the importance of
evaluating redevelopment opportunities on their ability to contribute to the
form and function of the existing or future neighborhood. She stated the proposed redevelopment in this
application does not contribute to the business community established to the
east and south of the property, and it would also not contribute to the
traditional residential development pattern envisioned to the west. Staff’s position is that the proposed
redevelopment plan for this site is not consistent with the goals of the Future
Land Use Plan and, therefore, the finding is not supported by the application.
She stated that the Planning & Zoning Commission
recommends denial of the application.
Council Member Collins asked if staff had originally
recommended approval of the previous rezoning application regarding this site. Ms. Carlson said staff recommended denial of
that application.
Mayor Hawkins opened the public hearing and asked if
anyone wished to speak in favor of the application. John Roe, Roe & Epstein, 10 Main Center, 920 Main Street, Suite 270, Kansas
City, Missouri, stated that he and his firm represent M. L. McGuire
and his wife, the applicants. He stated
the site is located at the intersection of M-33 and M-69 Hwys. He stated Mr. McGuire wants to open a
business, employ people and turn an unproductive property into a productive
one. He stated that the property had
been vacant from January 2001 to late 2003 when the applicant purchased the
property. He stated that no one had
offered to buy the property at the time his client purchased it and removed the
underground storage tanks and contaminated dirt. Mr. Roe stated that these were improvements
to the property.
Mr. Roe stated that he and the applicant had
understood staff would recommend approval of the rezoning but had recommended
denial instead. He stated that the sewer
issue had been resolved at the Planning & Zoning hearing. Mr. Roe stated there had been a concern that
if the property were to be rezoned C-2, the sales lot would be okay, but it
would open the door to other unknown uses.
He said this application resolves that, by an approval of this special
use permit being limited to a pre-owned vehicle sales lot. He stated that a letter provided to staff and
the Planning & Zoning Commission addresses all seven findings, though the
staff has indicated the application meets five of the seven. He noted he would focus his comments on the
two findings staff said the application does not meet.
Mr. Roe stated that Council could consider amending
the City Code to add this use to the list for special use permits and could
hold the special use permit application until the Code is amended. He stated that Section XXIV of the Zoning
Ordinance talks about commercial use for a temporary period of time and a
special use permit could be approved and then renewed, so the Council would
review the use from time to time. Using
either option, Mr. Roe said, the first issue pertaining to findings would be
resolved. Mr. Roe stated that the
property is in C-1 zoning district, and the City could restrict this use for a
pre-owned vehicle sales lot to C-1, along a highway. He stated that at the Planning & Zoning
Commission meeting, it was indicated that there is not much property in the
City that is zoned C-1, and even less C-1 that fronts a highway. He stated that this is a small property,
zoned C-1, at the intersection of two major highways. Mr. Roe stated it is too small to accommodate
anything else and this shouldn’t be an impediment.
Mr. Roe stated that there is no disagreement that the Future
Land Use Plan indicates commercial use is acceptable along highways. He reviewed the gateway principles and stated
that the pre-owned vehicle sales lot would be a good first impression to the
City, compared to the eyesore that currently exists. He said there is a sign that is vandalized
regularly and the site is used as a cut through for those not wanting to wait
for the light.
He said the gateway principles call for a high quality
development with attention to detail.
Mr. Roe stated the applicant will remove the damaged canopy and replace
the existing fence with a nice wooden fence.
He stated the design would be such that the cut through would no longer
be possible. Mr. Roe restated that it is
uncontested that this proposed use is commercial in nature.
Mr. Roe said the gateway principles call for a sense
of community. He asked what better way
to show a sense of neighborhood than to have a place to buy a car in the
neighborhood. He referred to tractor
trailer rigs on the adjoining property that do not convey a sense of community.
Mr. Roe referred to the mixed use opportunities and
stated this is one small property currently set among mixed uses and open
land. He stated the applicant believes
this use meets the Future Land Use Plan and guidelines for a gateway. He quoted the Planning & Zoning
Commission chair who had said there would be as many different definitions of gateway
as people in the room. Mr. Roe stated
that this application has the same sense of community and neighborhood. The applicant, he said, is trying to resolve
the concern about other uses that would be possible with rezoning and had
brought forward several alternatives, all of which the staff had rejected.
Mr. Roe asked the Council to approve the special use
permit or hold the application with direction to staff to bring forward an
amendment to the Code adding pre-owned vehicle sales to the special use permit
list.
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.
Council Member Collins stated this is a practical
request to deal with an unsightly area.
He stated he had no reason to think this is not a good use for the
property.
Council Member Robertson asked what the property on
291 Hwy. that previously had a used car lot was zoned. Mrs. Gentrup stated that would have to be
researched. Mr. Robertson asked what
zoning would allow pre-owned vehicle sales.
Ms. Carlson said it would be allowed in both C-2 and C-3 zoning
districts.
Mayor Hawkins stated that City’s legal counsel had
advised that by Planning & Zoning Commission’s motion to recommend denial
of the application, Council could approve the application only with a
supermajority vote (6 of 8). He stated
that, under both local ordinance and state statute, if property owners on 30%
of adjoining properties object, a super majority is also required to approve
the application. As such opposition had
also been expressed, a super majority would be required to approve this
application.
Council Member Collins moved to approve the
resolution. Council Member Robertson
seconded the motion. Council Member
Martin asked Mr. Roe if he was referring to Hallmark when he mentioned the district
to the south. Mr. Roe said he was. Mrs. Martin stated that his statement made it
sound like Hallmark does not demonstrate a sense of community and she wished to
go on the record as disagreeing with that suggestion. She stated that Hallmark is an excellent
community partner with the City. Mrs.
Martin stated that the application doesn’t meet all seven findings for special
use permits and the principles of the Future Land Use Plan and she would vote
against the motion.
Council Member Hester stated she too would vote
against the motion, even though she appreciated the efforts already made by the
applicant. She stated the Future Land
Use Plan is a critical element of the decision-making process and it is
important to apply it in practice and in spirit. Mrs. Hester said if the Plan needed to be
amended, that should be addressed, but she did not believe it should be
dismantled piece by piece. Mrs. Hester
stated she did not see selling of pre-owned vehicles as a gateway and the use
doesn’t fit with residential, high school and elementary school and church
campus that are being planned for the area.
She stated the application doesn’t fit with the Council’s recently
discussed vision. She said that doesn’t
mean that she doesn’t want a pre-owned car sales business in Liberty but she believes there are other sites
available. She stated the M-33/M-69
interchange improvements are not yet completed.
Mrs. Hester noted a temporary special use permit is not practical
because it would have to be approved and then might not be renewed. Mrs. Hester stated for these reasons, she
would not vote for approval of the application.
Council Member Hadden stated the vision of the future
has to be considered very carefully with the special use permit findings and gateway,
along with what the applicant has done.
She stated in reviewing all this information, she could not vote to
approve the application.
The motion failed 2-4-0. Council
Member Martin, Council Member Hester, Council Member Hadden and Council Member
Brenton voted in opposition.
B. *REZONE
20 ACRES FROM R-1A, SUBURBAN RESIDENTIAL DISTRICT TO R-1C, STANDARD
SINGLE-FAMILY RESIDENTIAL DISTRICT AND PRELIMINARY DEVELOPMENT PLAN FOR
CREEKWOOD SUBDIVISION, NORTH OF SOUTH COUNTRY CLUB SUBDIVISION AND WEST OF
SOUTHVIEW DRIVE [P&Z CASE NO. 04-2024R&PDP] – ORDINANCE
Mrs. Gentrup asked that this application be continued
until the June 28, 2004 regular session when additional information was
expected to be available from the applicant.
There being no objection, Mayor Hawkins opened the public hearing and
continued it until the June 28, 2004 regular session.
A. ACKNOWLEDGEMENT
OF VENDOR PAYMENTS FROM MAY 7, 2004 THROUGH MAY 11, 2004 – ORDINANCE
Council Member Robertson asked that Check No. 82665 be
removed and voted on separately.
Document No. 6214 was read. Council Member Martin moved to approve the ordinance. Council Member Hadden seconded the motion.
Vote on the motion was as follows: Council Member Collins – yes; Council Member
Martin – yes; Council Member Hester – 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. 8679.
Council Member Hester moved to approve Check No.
82665. Council Member Martin seconded
the motion.
Vote on the motion was as follows: Council Member Collins – yes; Council Member
Martin – yes; Council Member Hester – yes; Council Member Hadden – yes; Council
Member Brenton – yes; Council Member Robertson – abstain. The motion carried 5-0-1. Council Member Robertson abstained due to a
potential conflict of interest.
B. *REPLAT
OF LOTS 35-40 SOUTH VALLEY PARK 1ST PLAT AND LOT
9, WILSHIRE ESTATES 1ST PLAT [P&Z Case No. 04-2019FP] –
ORDINANCE
Ms. Carlson stated this is a replat of a portion of South Valley Park 1st Plat and Wilshire Estates 1st
Plat of 1.7 acres and 7 lots. She indicated
that these are vacant lots and the one in Wilshire is residential. She stated that the preliminary plat had been
approved in March 2001 and the final plat approved in May 2002. Ms. Carlson stated that the application meets
all standards for the adequate public facilities ordinance and development will
be subject to the Roadway Development Tax, which is to be collected at the time
building permits are issued.
She stated that because it had been some time since the
development of Wilshire Estates and approval of the South Valley Park final plat, residents in Wilshire Estates had assumed
responsibility for the land in the South Valley Park plat. Ms.
Carlson stated that the application is to replat and provide more land for lot
9, Wilshire Estates. She stated the
Planning & Zoning Commission recommended approval.
Council Member Robertson asked about the setbacks on
the lot on the Wilshire Estates section of the plat. He stated the setback did not appear to be
the same as on the other corner lot. Ms.
Carlson stated there may have been some variance granted when the final plat
was approved. City Engineer Mike Lawless
stated that it’s possible a decision had not been made whether the house in
Wilshire Estates would face Bancroft or Glendale and so it was platted with a front setback on each
street. Mr. Robertson asked if the
setback was no longer needed. Ms.
Carlson stated that a side yard setback is 15 feet for a corner lot. Mr. Robertson stated he did not believe this
had been done in the past. Ms. Carlson
referred to Groom’s Addition replat recently approved by Council and stated it
had been done for that replat. Mr.
Lawless stated the only change made to the lots in this replat was that the lot
lines were moved west. He stated the
corner setbacks remained as originally platted.
Mr. Robertson said he thought this would fall under the new subdivision
regulations but if staff recommended approval, he would vote for it.
Document No. 6215 was read. Mayor Hawkins suggested the replat go to
second reading so that staff could clarify the setbacks. He said he preferred to have the information
as opposed to speculating. He stated the
application would go to second reading on June 14, 2004.
C. *SITE
PLAN FOR MCCRAY LUMBER AT 1100 BROWN STREET [P&Z CASE NO. 04-227SP] – RESOLUTION
Ms. Carlson stated that this is a site plan for use of
a 56,000 sq. ft. vacant building and lot to the north by McCray Lumber. She stated the property is zoned M-1, Light
Industrial District, and the plan meets all standards of the adequate public
facilities ordinance. She stated that an
additional facility easement will be added for detention of storm water. She noted that a recent lot split had created
the parcel to the west. She stated that,
because the proposed use will generate less traffic than the previous use, the
Roadway Development Tax will not be applied.
Ms. Carlson stated the configuration of the lumber
storage area would be similar to aisles in a store allowing access as
needed. She stated an 8 ft. high chain-link
fence would be placed around the building materials storage area. Ms. Carlson stated that sidewalks would be
extended along Brown and Kent streets and a berm would provide additional
screening. She reviewed the natural
existing landscaping and trees to be planted.
Ms. Carlson stated that the Planning & Zoning Commission recommended
approval of the site plan.
Council Member Martin asked about the location of the
berm. Ms. Carlson said it would be
between the fence and the sidewalk along both Kent and Brown streets.
Mayor Hawkins asked if the application of the Roadway Development Tax
(RDT) had been stated differently than what appeared in the staff report. Ms. Carlson stated that since the composition
of the staff report, a traffic study had been provided by the applicant, which
reflected a reduced amount of traffic compared to the previous use. Mayor Hawkins asked if the traffic at the
Amico-Klemp building was the basis for previous traffic estimates. Ms. Carlson said that was correct. Mayor Hawkins asked why the lot hadn’t been
included, even though it was not part of the previous use. Mr. Lawless stated the traffic analysis had
looked at a site of similar size to the one proposed. Ms. Carlson stated that, at times, the peak
p.m. hour trips had been zero.
Council Member Brenton stated the calculation was
acceptable to him if that was the way the traffic was determined. Mr. Lawless stated there is no specific
designation for a wholesale lumber company in the IT manual. Additionally, the vacant lot was expected to
be storage. Mr. Brenton asked if the
traffic study was conducted on that basis.
Mr. Lawless stated there was not much traffic and the applicant had been
asked to provide data from other locations of similar size. It was determined that even those sites did
not have as much traffic as the previous use of this property. Mr. Brenton asked if this was wholesale so
there would be no retail traffic. Ms.
Carlson said that was correct. Mr.
Brenton asked if deliveries would be made by the business. Ms. Carlson said that was correct.
Council Member Martin moved to approve the site
plan. Council Member Hester seconded the
motion. Council Member Brenton asked if
the business is setup such that materials sold in Liberty would include sales tax at the Liberty rate. The
applicant stated that was correct. The
motion carried unanimously and is inscribed in Resolution No. 2166.
D. ORDINANCE
OPTING OUT OF STATE SALES TAX HOLIDAY – ORDINANCE (SECOND READING)
Document No. 6204 was read. Council Member Hadden 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. 8680.
E. *ADOPTION
OF COUNCIL GOALS – RESOLUTION
Mrs. Gentrup stated that the resolution was based on
Council’s advance last Monday and that involving citizens in City governance
through dialogue and education as well as preserving historic heritage and
community traditions had been added to the ongoing goals from previous
discussions.
Council Member Martin moved to approve the
resolution. Council Member Hester
seconded the motion, which carried unanimously and is inscribed in Resolution
No. 2167.
Mrs. Gentrup noted that department directors would
meet this week to discuss action steps related to these goals and they would be
considered in development of the 2005 budget.
Mrs. Gentrup stated that this comes forward at the
request of BFI and its lenders. She
stated that the City’s legal counsel has assured her that the City would not be
obligated under any uses identified here.
Council Member Martin moved to approve the
assignment. Council Member Hadden
seconded the motion, which carried unanimously.
XI.
MISCELLANEOUS
MATTERS FROM CITY ADMINISTRATOR – None.
XII.
MISCELLANEOUS
MATTERS FROM MAYOR AND CITY COUNCIL
Council
Member Martin talked about the inaugural issue of Historic Liberty and stated it was a great idea.
Council
Member Hester added her compliments for the publication and asked if it had
been mailed to real estate agents. Mrs.
Gentrup stated that the Historic District Review Commission is interested in
making the information available to them and that it is posted on the website.
Mrs.
Hester asked if the 25 claims reported to the City after last week’s flooding
was unusual. Mrs. Gentrup stated it had
been a substantial storm and this was about what would be expected. Mayor Hawkins asked how reports for this
event compared with the 1998 flood. He
said he would expect that with the significant amount of work done by the City
to remove problem areas, it should be reduced.
Council
Member Brenton stated there is a light pole down on Liberty Drive north of the Bent Oaks entrance and south of Red Oak.
Council
Member Hadden said she noticed in the MML legislative recap an announcement
that Marcella McCoy had been elected as Secretary of MML. Finance Director Linda Tyree said she would
check but that Ms. McCoy had not mentioned it.
Mayor
Hawkins asked Council Member Brenton if the legal summary provided to Council
had been acceptable. Mr. Brenton said it
was.
XIII. ADJOURNMENT
The meeting adjourned at 8:20 p.m.
__________________________________
Mayor
Attest:
_____________________________________
Deputy City Clerk