CITY COUNCIL MEETING

MINUTES

MONDAY, NOVEMBER 22, 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 November 22, 2004 with Mayor Stephen P. Hawkins presiding.  Mayor Hawkins called the meeting to order at 7:03 p.m.

 

II.         INVOCATION AND PLEDGE OF ALLEGIANCE

           

The invocation was given by Council Member Ed Collins 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; 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; Steve Anderson, Planning & Development Director; JacLyn Carlson, Planner; Craig Knouse, Police Chief; Linda Tyree, Finance Director; Kathy Goode, Assistant Finance Director; 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 13 members of the public.

 

IV.       APPROVE MINUTES AND SUMMARIES

 

A.                 REGULAR SESSION MINUTES OF NOVEMBER 8, 2004

 

Council Member Martin moved to approve the minutes as distributed.  Council Member Hester seconded the motion, which carried 4-0-2.  Council Member Ed Collins and Council Member Jim Robertson abstained due to absence.

 

B.                 STUDY SESSION SUMMARY OF NOVEMBER 15, 2004

 

Council Member Hadden moved to approve the minutes as distributed.  Council Member Robertson seconded the motion, which carried 4-0-2.  Council Member Anna Marie Martin and Council Member Bill Parker abstained due to absence.

 

V.        CITIZENS’ PARTICIPATION

 

Don Altis, 2 N. Main, representing downtown merchants, expressed concern about an incident with the Liberty Area Chamber of Commerce.  He said ladies had called the chamber and asked what there was to do on the Square in Liberty and about places to eat.  Mr. Altis said the response had not favorably represented the merchants on the Square, but that the ladies had come anyway, and indicated they had a very nice day.  He stated this was upsetting to the merchants and he brought this to Council because of the proposed agreement with the Partnership for Community Growth.  He noted that the chamber phone is answered with the greeting “Center for Economic Development”.  Mr. Altis said there are over fifty businesses in the downtown area with a sales tax license.  He requested that there be training of chamber staff so that the right information is getting out.

 

Mayor Hawkins thanked Mr. Altis for his comments and encouraged inter-discussion between the merchants, the chamber and the partnership.  Mayor Hawkins added there is a great deal to be accomplished by better communication.

 

VI.       MEETING SCHEDULE

 

Mrs. Gentrup stated that City Hall would be closed Thursday and Friday in observance of the Thanksgiving holiday.  She stated she would be out of town Thursday through Saturday over the holiday, during which time Cynthia Boecker would be acting city administrator.

 

She also stated there would be no meeting November 29, 2004.

 

VII.            CONSENT AGENDA

 

A.                 APPOINTMENTS

 

License Tax Review Committee

Reappoint Rodger Duncan to a term expiring 11-01-06.

 

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

 

VIII.     PUBLIC HEARINGS

 

Mayor Hawkins stated that the two public hearings advertised for this evening’s meeting were continued at the Planning & Zoning Commission meeting on November 9, 2004.

 

A.        REZONE 208 ACRES FROM R-1A, SUBURBAN RESIDENTIAL DISTRICT TO R-1C, STANDARD SINGLE FAMILY RESIDENTIAL DISTRICT AND PRELIMINARY DEVELOPMENT PLAN FOR DEVELOPMENT ADJACENT TO THE CEDARS – ORDINANCE (Continued from October 25, 2004 regular session and to be continued to the December 20, 2004 City Council special session)

 

Mayor Hawkins opened the public hearing.

 

1.         CONTINUE PUBLIC HEARING TO DECEMBER 20, 2004 SPECIAL SESSION OF CITY COUNCIL – MOTION

 

Council Member Martin moved to continue the public hearing to December 20, 2004.  Council Member Hester seconded the motion, which carried unanimously.

 

2.         CONTINUE CONSIDERATION OF P&Z CASE NO. 03-2004R&PDP TO DECEMBER 20, 2004 SPECIAL SESSION OF CITY COUNCIL – MOTION

 

Council Member Hadden moved to continue consideration of the case to December 20, 2004.  Council Member Robertson seconded the motion, which carried unanimously.

 

B.         SPECIAL USE PERMIT FOR CONSTRUCTION OF TWO MULTI-FAMILY UNITS AT 438 E. FRANKLIN – RESOLUTION (to be continued to the December 20, 2004 City Council special session)

 

Mayor Hawkins opened the public hearing.

 

1.         CONTINUE PUBLIC HEARING TO DECEMBER 20, 2004 SPECIAL SESSION OF CITY COUNCIL – MOTION

 

Council Member Robertson moved to continue the public hearing to December 20, 2004.  Council Member Hadden seconded the motion, which carried unanimously.

 

2.         CONTINUE CONSIDERATION OF P&Z CASE NO. 04-2033SUP TO DECEMBER 20, 2004 SPECIAL SESSION OF CITY COUNCIL – MOTION

 

Council Member Martin moved to continue consideration of the case to December 20, 2004.  Council Member Hadden seconded the motion, which carried unanimously.

 

IX.       ORDINANCES, CONTRACTS AND RESOLUTIONS

 

A.        ACKNOWLEDGEMENT OF VENDOR PAYMENTS FROM NOVEMBER 5, 2004 THROUGH NOVEMBER 19, 2004 – ORDINANCE

 

Document No. 6281 was read.  Council Member Martin moved to approve the ordinance.  Council Member Robertson seconded the motion.

 

Council Member Martin asked about check no. 318 which was a check to UMB Bank for interest and debt service.  She asked if it was for both.  Finance Director Linda Tyree said one payment is made but is split out for accounting purposes because funds comes from two different accounts.

 

Council Member Collins asked what MAMU stood for.  Mrs. Gentrup said it is the Missouri Association of Municipal Utilities.

 

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 Robertson – yes.  The motion carried unanimously; it was approved by the Chair and inscribed in Ordinance No. 8744.

 

B.         *SITE PLAN FOR REDEVELOPMENT OF THE GUY’S FOOD PLANT, 405 S. LEONARD STREET – [P&Z CASE NO. 233SP; APPLICANT: START ACQUISITIONS] – RESOLUTION

 

Planner JacLyn Carlson described the site plan for redevelopment of the former Guy’s Foods Plant.  She stated the site plan includes 37 acres, with several existing structures.  The structure used for daycare would be demolished and three new buildings would be constructed.  The site would be used for office and warehouse space.  She stated that the new structures would face Leonard Street and the existing buildings would receive a face lift.  Ms. Carlson noted that MoDOT had reviewed and made comments on the plan.  She reviewed the proposed landscaping in the plan as well, which includes shade and street trees along the perimeter.  Ms. Carlson stated the Planning & Zoning Commission recommends approval of the site plan with the stipulations that:

 

1.       Prior to the issuance of any building permits, all MoDOT requirements regarding improvements to M-33 Highway must be permitted; and

2.       Prior to the issuance of any building permits, the Missouri Department of Natural Resources must approve the closing of the on-site sanitary sewer lagoon.

 

Council Member Parker asked if the rooftop of the existing buildings would be cleaned up.  Ms. Carlson said she would refer him to the applicant for an answer to his question.  Ron Cowger, AGC Engineering, 2120 West College, stated that the renovated façade would help block the view of the roof.  Mr. Parker asked if the front buildings would cover the filtering and stacks on the rooftop.  Mr. Cowger said the front buildings are at a higher elevation and may obscure some of that, but he did not know if the architect’s final design included that.  He said there is about a 20-foot difference between the building in the front and the current building in the back.  Mr. Parker said it is unsightly and he hoped the design would take care of it.  Mayor Hawkins asked if the stacks on the top of the building would be necessary for a warehouse.  Mr. Cowger said they would probably not be necessary but he was uncertain of whether the architect’s design removed them.

 

Council Member Collins said it is good to see something constructive happening at this location.  Council Member Martin said the whole plan was well-thought out and she appreciated that the design took into account the residential neighbors across the street, particularly with the sidewalks being identified in the design.

 

Mayor Hawkins asked if the removal of the lagoon was governed by the Missouri Department of Natural Resources.  Public Works Director Steve Hansen said it was and when Guy’s ceased, remediation of the lagoon had already begun.  He said the City had not received verification from DNR that the lagoon file is closed.  He stated that if verification is not made available by DNR, the applicant would have to take the necessary action for mitigation.  Mr. Cowger said the DNR had not closed the file but AGC has prepared a plan for closure.  He said the lagoon contains mainly food nutrients, so its closure should be fairly straightforward.

 

Council Member Parker asked where the storm water from the site would go.  Mr. Cowger said the south central boundary of the property would serve to detain most storm water and a small percentage would go back toward the railroad tracks.  He said that, after the improvements, there would be less storm water leaving the site than under the current conditions.

 

Council Member Robertson said he was glad to see a warehouse going in at the location.  He stated that his wife is a principal in the engineering firm of Akin, Gordon Cowger, but he intended to vote on the site plan.

 

Council Member Hadden stated she was glad to see parking on site going back to green space and a sidewalk in front.  Mr. Cowger noted that, though not initially a part of the plan, the green space and sidewalks had been a recommended addition by staff during the site plan review process.

 

Council Member Hester moved to approve the site plan.  Council Member Parker seconded the motion, which carried unanimously and is inscribed in Resolution No. 2186.

 

C.         *LIBERTY BELL DEVELOPMENT WEST OF SOUTHVIEW DRIVE AND SOUTHEAST OF BNSF RAILROAD [APPLICANT: PAUL BILLINGS]

 

Ms. Carlson stated that the plat includes 3.1 acres and both the preliminary and final plat are essentially the same.  She stated that a site plan for mini-storage was approved by Council in December 2003 with the stipulation that the property would be platted prior to permits being issued.  She stated that a storm water detention facility easement is located on the site, allowing City access to the area, however, it is the responsibility of the property owner to maintain the easement.  She stated that the Planning & Zoning Commission recommend approval of both the preliminary and final plats.

 

1.         PRELIMINARY PLAT – [P&Z CASE NO. 04-2007PP] – RESOLUTION

 

Council Member Robertson moved to approve the preliminary plat.  Council Member Martin seconded the motion, which carried unanimously and is inscribed in Resolution No. 2187.

 

2.         FINAL PLAT – [P&Z CASE NO. 04-2008FP] – ORDINANCE

 

Document No. 6282 was read.  Council Member Hadden moved to waive the rules and consider the ordinance on first reading.  Council Member Hester seconded the motion, which carried unanimously.

 

Council Member Robertson 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. 8745.

 

D.        *REPLAT OF 440 MILLER AVENUE TO CREATE TWO LOTS FROM ONE – [P&Z CASE NO. 04-2026FP; APPLICANT: BRIAN LAUTENSCHLAGER] – ORDINANCE

 

Ms. Carlson stated that the application is for a replat of property from one lot into two lots.  There is a single house on the existing lot located on Miller Avenue at Jewell Street.  She stated the property is zoned RNC, Neighborhood Conservation Residential District, and meets the standards of the Adequate Public Facilities ordinance.  If approved, the replat would allow creation of two lots from one.  The size of the two new lots would be more in keeping with the surrounding houses.  The addressing of the existing house would also change from Miller Avenue to Jewell Street.

 

Ms. Carlson stated that any new development on this property is subject to review by the Historic District Review Commission (HDRC), and that this application had been submitted to HDRC for comment only.  She stated the comments received included: concern changing the address from Miller Avenue to Jewell Street would make the side of the house become the front of the house; concern that the view of the house could be destroyed with construction of another structure; and the Future Land Use Plan encourages infill projects.

 

Ms. Carlson stated that the application conforms to the requirements of the Zoning Ordinance and Subdivision Regulations and the Planning & Zoning Commission recommends approval of the replat.  She noted that the application being considered is only for the replat and any new construction in a historic district requires a certificate of appropriateness from the Historic District Review Commission and Council approval.

 

Council Member Hadden said that lot 2 appears to be much larger than lot 1 and if they were divided more evenly it might allow for greater distance between structures.  Ms. Carlson said the proposed lot split meets the lot depth and width setback requirements.

 

Council Member Hester asked if there was any history that indicated a structure had ever been on that corner.  Mr. Anderson said staff did not have any information that there had been a structure there.  Mrs. Hester asked if the house was owner-occupied at present.  Ms. Carlson said it was rental property at this time.  Mrs. Hester asked about the parking as she had some empathy for residents near the campus having concerns about on-street parking.  Ms. Carlson said two parking spaces are required for a single-family dwelling and there are some additional options if on-street parking is available.

 

Council Member Collins said that, from the aerial photo exhibit, the depth of the property appeared to be close to the depth of lots across the street and two houses could be cramped on the lot.  Ms. Carlson said the aerial shows the depth from north to south, but if replatted, the new lots would be configured from east to west, which meets the requirement of at least 110 feet.  Mr. Collins asked if anything required moving the front of the house.  Ms. Carlson said there was not, but the house's design with upper story windows gives the appearance of two fronts to the structure.

 

Council Member Hester asked if both houses would be addressed on Jewell.  Ms. Carlson said that was likely, although if the setbacks were met, one could be addressed off Miller.  Council Member Martin noted that the side of another home faces Gallatin Street on which it is addressed and while not ideal, it works on that street.

 

Council Member Hadden asked if the existing house has off-street parking.  Ms. Carlson said there is a pad used for off-street parking at that site although there is no garage.

 

Council Member Hester confirmed that the design of any new house would also be reviewed by the Historic District Review Commission.  Ms. Carlson said that is correct.

 

Mayor Hawkins said that, even though this is not a public hearing, those present and wishing to address this application would be given that opportunity.  Applicant Brian Lautenschlager, 3920 NE Terrace, Gladstone, Missouri, stated that there is a larger offset requirement for corner lots and this was the reason for one lot being larger than the other.  He showed Council photos with views from the side and said there is a nice side elevation that looks like a front.  He noted that a number of houses on Miller are apartments.  Mr. Lautenschlager stated that the existing house would not have an obstructed view.  Council Member Hester asked if the gravel space is used for parking.  Mr. Lautenschlager said that was correct, but it is not typical.  Council Member Parker asked for clarification if the view by the tree in the photo is from Jewell Street.  Mr. Lautenschlager said that was correct.  Council Member Martin asked why he was considering the lot split.  Mr. Lautenschlager said he is in the process of refinancing and, if he wants to build anything in the next thirty years, he must replat the property now.

 

Gene Welch, 433 Miller, stated that he lives on the south side of Miller across from the property.  He said there are 80 – 100 year old houses in the area and a new house doesn’t fit in the neighborhood.  He said Jewell students park along the street and parking is enough of an issue already.  He said the present configuration has been there for some time.  He asked Council to leave it the way it is.

 

Katie Welch, 433 Miller, stated the property should be left the way it is.  She said a smaller house would add to the already existing rental properties.  She stated that she and the neighbors have put money and time into redoing their houses and they are on large lots.  She said they’ve done their share on the south side of Miller.  Ms. Welch stated that the house should be entered on Miller Avenue.

 

Lisa Parker, 449 Miller, said she did not want to see a basement entrance at the front door.  She said the cars park on the grass and there are neighbors with small children, for whom safety is a concern.  Ms. Parker stated this would destroy the integrity of the neighborhood and affect the resale value.  She said at Franklin School, her son is learning about historic preservation and it is important to keep it that way.

 

Katherine Chelton, 439 Miller, commended the applicant for what he has done with the property but said she hates to see the frontage destroyed.  She noted there is a long sidewalk to the front entrance.  She stated she has read the Future Land Use Plan about infill construction, but other sections talk about preserving the square and historic properties.  She said she disagrees with the staff’s assessment that the lot widths would be comparable to others in the neighborhood if the split is approved.  She said the applicant has good renters now, but there is an ongoing concern about parking.  Ms. Chelton said an additional house would destroy the aesthetic value.

 

Ron Kimmel, 425 Miller, said he agrees with the previous comments and this replat would take away from the historical aspects of the property.  He said that on Miller Avenue, the only problem has been the apartments that were grandfathered in.

 

Council Member Hadden asked if the lot split is approved, only a single-family dwelling could be added.  Ms. Carlson said that was correct.  Mrs. Hadden asked once it is replatted, could it go back to one lot.  Ms. Carlson said the lot split could be reversed any time until a structure is built on the second lot.

 

Document No. 6283 was read.  Council Member Robertson moved to waive the rules and consider the ordinance on first reading.  Council Member Hadden seconded the motion, which failed for lack of a unanimous vote.  Mayor Hawkins stated the replat would go to second reading on December 13, 2004.  He noted that once an opportunity for comment has been provided, as with public hearings, he will not open up the item for comment at the second reading of the ordinance.

 

E.         *ISSUANCE OF LIBERTY TRIANGLE REDEVELOPMENT TAX INCREMENT FINANCING (TIF) BONDS – ORDINANCE (SECOND READING)

 

Dennis Mitchell, Piper Jaffray, stated a plan for issuance of TIF bonds had been outlined at the last Council meeting.  He stated that the bonds had been priced today with a true interest cost of 5.79%.  He said bonds issued for the City of Belton had been at 6.29% with yield and these bonds would be 5.90% with yield.  He said his firm was very pleased with the result.  He noted the coverage factor for estimated revenues would exceed debt service by 25% so there would be no trouble paying the bonds, should something unforeseen happen to require it.

 

Mr. Mitchell stated that the bonds must be paid off by 2023, but estimated pay off is anticipated in 2019.  He said closing would be on December 14, if issuance is approved.

 

Document No. 6273 was read.  Council Member Hadden moved to approve the ordinance.  Council Member Parker seconded the motion, which carried unanimously; it was approved by the Chair and is inscribed in Ordinance No. 8746.

 

F.         AMEND CHAPTER 21, “NUISANCES”, LIBERTY CODE OF ORDINANCES, ESTABLISHING MINIMUM PROPERTY MAINTENANCE STANDARDS – ORDINANCE (SECOND READING)

 

Mrs. Gentrup stated that, with approval of Council, the ordinance would take effect January 1, 2005.  Council Member Hadden asked if there had been any response to the newspaper article.  Mrs. Gentrup said there had not.

 

Document No. 6275 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. 8747.

 

G.         FEE FOR SERVICES AGREEMENT WITH PARTNERSHIP FOR COMMUNITY GROWTH PERTAINING TO ECONOMIC DEVELOPMENT – ORDINANCE

 

Mrs. Gentrup stated that the Council had reviewed the Partnership for Community Growth initiatives in September and October, which outlines 30 visits to Liberty businesses, four quarterly reports and update of the State’s website as well as development of a local website.  Approval of the fee for services agreement is recommended.

 

Council Member Parker asked if the time span for the agreement is one year.  Mrs. Gentrup stated that is correct and either party can terminate the agreement with 180 days’ notice.  Mayor Hawkins clarified that the agreement would begin January 1 and termination by either party would have to be announced six months before December 31 for the agreement not to continue into the next year.  Mrs. Gentrup said that was correct.  Council Member Collins asked if there would be a total of 30 visits or might there be more.  Mrs. Gentrup said it would be at least 30 visits.  Council Member Parker asked if the same questionnaire would be used that had been used earlier.  Mrs. Gentrup said the same questions would be asked and used for economic development retention.  Mayor Hawkins asked if it is the same survey used by the Clay County Economic Development Council.  Chamber President Melinda Mehaffy stated that it is the same survey and the Partnership has permission to use it.

 

Document No. 6274 was read.  Council Member Robertson moved to waive the rules and consider the ordinance on first reading.  Council Member Parker seconded the motion, which carried unanimously.

 

Council Member Hester moved to approve the ordinance.  Council Member Martin seconded the motion.  Council Member Hadden asked, with the 30 businesses minimum and follow-up, how other businesses would be included.  Mrs. Gentrup stated that these 30 businesses are part of a two year survey and other businesses would be brought in.  Mayor Hawkins said the 30 businesses was an educated guess and it is in everyone’s interest to do more.  Mrs. Gentrup said 30 was a good number for the City.

 

Council Member Hester asked about the hiring procedure and the visits getting underway.  Mrs. Gentrup said the visits would start when a person was hired.  Mrs. Hester asked what percentage of time this person would spend on these services.  Mrs. Gentrup said that was unknown at this time.

 

Council Member Hadden asked if these services precluded the City from economic development work, even surveying.  Mrs. Gentrup said the City could still conduct its own surveys.  Mayor Hawkins said that this represents the community trying to do more.  The motion carried unanimously; it was approved by the Chair and is inscribed in Ordinance No. 8748.

 

H.        CONTRACT WITH MID-AMERICA REGIONAL COUNCIL FOR PARTICIPATION IN HOUSEHOLD HAZARDOUS WASTE COLLECTION PROGRAM – ORDINANCE

 

Document No. 6285 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 Hadden moved to approve the ordinance.  Council Member Hester seconded the motion.  Council Member Hester said she was impressed with the increase in use.  Mrs. Gentrup stated that all the participating communities pay the same per capita.  Mayor Hawkins asked if the numbers reported were just Liberty users.  Mrs. Gentrup said they were.

 

The motion carried unanimously; it was approved by the Chair and is inscribed in Ordinance No. 8749.

 

X.         OTHER BUSINESS – None.

 

XI.               MISCELLANEOUS MATTERS FROM CITY ADMINISTRATOR – None.

 

XII.            MISCELLANEOUS MATTERS FROM MAYOR AND CITY COUNCIL

 

Council Member Robertson said the contract with Lowe’s stated the company would be reimbursed for anything over $3.50 sq. ft.  He asked what that amount was.

 

Council Member Hadden asked if the contract for solid waste collection still included education.  Management Assistant Lyndsay Heal said that BFI’s contract includes the company providing fifty cents per household for the City to use for education.

Council Member Brenton entered the meeting at this time.

 

Mrs. Hadden said she had received additional correspondence from Mr. Holmes about an enterprise area in Kansas City.  She also stated she attended a meeting with the new State Commission of Transportation and would pass that information along to staff.

 

Council Member Brenton asked if the resurfacing program was far enough along that other opportunities to add to the project could be explored.  Public Works Director Steve Hansen stated that he had not yet examined the additional costs but would be doing so shortly.

 

Council Member Collins stated he had looked at the overlay on Hank Street, off of Gentry, and it appeared the milling had gone down to mud.  Mr. Hansen said anything milled to no pavement base would have asphalt applied for an even base prior to overlay.  Mayor Hawkins asked if this happens often.  Mr. Hansen said it does not.

 

Mr. Collins also noted that a refrigerator had been dumped off of Birmingham Road and was a potential safety hazard.

 

Council Member Juarenne Hester congratulated Council Member Martin on having attended the Council meeting, even though it is her birthday and wished her a happy birthday.

 

XIII.     ADJOURNMENT

 

The meeting adjourned at 8:26 p.m.

 

 

 

                                                                                    __________________________________

Mayor

 

Attest:

 

 

 

_____________________________________

Deputy City Clerk