CITY COUNCIL MEETING

MINUTES

MONDAY, JANUARY 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 January 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 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; LeRoy Coe and Anna Marie Martin, Ward II; and Juarenne Hester, Ward III.  Also in attendance were Patty Gentrup, City Administrator; Cynthia Boecker, Assistant City Administrator; Steve Hansen, Public Works Director; Chris Deal, Parks & Recreation Director; Linda Tyree, Finance Director; Marcella McCoy, Assistant Finance Director; Steve Anderson, Planning & Development Director; Jaclyn Carlson, Planner; Gary Birch, Fire Chief; Craig Knouse, Police Chief; Jane Sharon, Deputy City Clerk; Joe Cook, Liberty Sun News; and 16 members of the public.

 

IV.       APPROVE MINUTES AND SUMMARIES

 

A.                 REGULAR SESSION MINUTES OF JANUARY 12, 2004

 

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

 

B.                 EXECUTIVE SESSION MINUTES OF JANUARY 12, 2004

 

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

 

Council Member Brenton entered the meeting at this time.

 

C.                 STUDY SESSION MEETING SUMMARY OF JANUARY 20, 2004

 

Council Member Hester moved to approve the meeting summary as distributed.  Council Member Hadden seconded the motion, which carried 4-0-2.  Council Member Collins and Council Member Coe abstained due to absence.

 

V.        CITIZENS’ PARTICIPATION

 

Mayor Hawkins recognized Steve Harrison, who asked to make a presentation to the City.  Mr. Harrison stated he was the master of Liberty Lodge No. 31, Accepted, Free and Ancient Masons.  He stated that, as the group was repairing its lodge building damaged in the May 4, 2003 tornado, they considered the need for a disaster relief fund to assist others.  He read a resolution from the Masonic Lodge, donating $5,000 to the City to establish such a fund for this purpose as the City can see the most pressing needs.

 

Mayor Hawkins then asked the Council to consider the resolution of appreciation to the Masons for the contribution.  Council Member Coe moved to approve the resolution.  Council Member Hadden seconded the motion, which carried unanimously and is inscribed in Resolution No. 2156.

 

Mayor Hawkins then read the resolution and presented it to the members of Lodge No. 31 on behalf of the City Council.

 

VI.       MEETING SCHEDULE

 

Mrs. Gentrup stated that the February 2 study session would be a joint meeting with the Council and the Planning & Zoning Commission to discuss the South Liberty corridor study.  She noted that a starting time of 6:00 p.m. is being considered and Council will be notified when the time is confirmed.

 

At the mayor’s request, Mrs. Gentrup reviewed a request she has received from Scott Taveau at the Liberty School District.  She stated that the superintendent has invited the City Council, Mayor and city staff to a meeting on Tuesday, February 3.  Mrs. Gentrup said she asked for a proposed agenda and was told that TranSystems would make a presentation on the Flintlock overpass, the group would review the City’s issue paper and there would be an update from MoDOT regarding the $1,000,000 for design recently approved in the Omnibus Bill passed in Congress.  Mrs. Gentrup stated that the bill has not yet been signed by the President.  She stated there would be a discussion of the design and that Tim Kristl, with the Shoal Creek TIF and representatives from the City of Kansas City, Missouri and Senator Bond and Representative Graves’ offices have been invited as well.

 

Mrs. Gentrup stated that Dr. Taveau had hoped the Flintlock overpass might be identified as a demonstration project and that Kansas City, Missouri, Liberty and the School District would share the 20% costs for such a project.  She clarified that the 80% has not yet been identified nor has the project been formally designated as a demonstration project.

 

VII.      CONSENT AGENDA

 

A.        ACCEPTANCE OF DONATION AND RESOLUTION OF APPRECIATION TO LIBERTY LODGE NO. 31, ANCIENT, FREE AND ACCEPTED MASONS – RESOLUTION

 

This item was considered under Citizen’s Participation.

 

B.         AUTHORIZE EXECUTIVE SESSION TO BE HELD FEBRUARY 2, 2004 IN THE COUNCIL CONFERENCE ROOM IMMEDIATELY FOLLOWING THE STUDY SESSION TO DISCUSS PERSONNEL MATTERS AS AUTHORIZED BY 610.021(3) RSMo - MOTION

 

Council Member Brenton moved to authorize the session.  Council Member Hester seconded the motion, which carried unanimously.

 

VIII.     PUBLIC HEARINGS

 

A.        *AMENDMENT TO SPECIAL USE PERMIT FOR THE JAMES INN TO INCLUDE THE OLD RECTORY LOCATED AT 338 N. WATER ST. AS PART OF THE INN [PZ CASE NO. 03-2005SUP] – RESOLUTION

 

Planner JacLyn Carlson stated that the application was to amend the existing special use permit in order to include space at 338 N. Water under the permit, allowing a maximum of ten rooms for The James Inn.  She stated that the property is zoned RNC, Neighborhood Conservation Residential District.  The properties surrounding it are single family dwellings and there is a school to the east.  Ms. Carlson stated that the application meets all the standards for adequate public facilities.  She noted The James Inn currently operates under a special use permit, allowing ten rooms, at the 342 N. Water address and, while the applicant seeks to add 338 N. Water to the operation, the number of rooms would not be increased.  Ms. Carlson reviewed the seven findings and stated that all were supported by the application.

 

Ms. Carlson noted that The James Inn is in a historic district and the application was reviewed by the Historic District Review Commission.  The Commission stated the use was very appropriate and applauded the applicants for their efforts.  She stated the Planning & Zoning Commission recommends approval of the special use permit.

 

Council Member Hadden asked if staff had received any comments from nearby residents about the appearance of the Inn being converted to a multi-family use.  Ms. Carlson said that staff had not received any such comments.  Mrs. Hadden stated that, due to the second address being tied in with the special use permit, she believed it was appropriate.

 

Council Member Brenton asked how this use is identified in the trip generation manual, whether it is by number of rooms or square footage.  Mrs. Gentrup said it is by rooms.  Ms. Carlson noted that it is the same use, spread over a wider space, so the roadway development tax was not considered applicable.  Public Works Director Steve Hansen stated that the ITE Manual is used to determine traffic generation for specific uses and agreed with Ms. Carlson that this application includes the same use spread over a wider area, and does not result in an increase in traffic.

 

Council Member Martin asked about the reference to Section XXIV, stating there can be no more than twelve rooms.  Ms. Carlson said the ten room limit is a restriction associated with this specific special use permit.

 

Council Member Hester asked how many rooms are anticipated in the new structure.  Applicant David Kimbrell stated there would be two at first and there are currently six in the existing inn.

 

Mayor Hawkins opened the public hearing and asked if anyone present wished to speak in favor of the application.  David Kimbrell, 400 N. Water Street, stated that he would like to note some corrections to what was presented.  He stated that 400 N. Water is on the map as part of the special use permit and it is a separate property, not associated with this application.  Mr. Kimbrell also stated that only he and Mary Anne Kimbrell are the applicants, as they are the property owners and that Mavid Corporation is not an applicant.  Planning & Development Director Steve Anderson said the special use permit is not tied to the property owner and this correction would not affect the status of the application.

 

Mr. Kimbrell stated that the original special use permit was issued in 1991 and was approved for ten rooms at 342 N. Water Street.  He stated that they had only been able to set up seven rooms in that structure.  Since that time a day spa, use of the inn for private functions and a gift shop have all been approved by the Council as part of the special use permit.  He stated that it was appropriate to add the building at 338 N. Water, known as the rectory, to The James Inn.  He said he had not owned the second property when the ten rooms were approved as part of the special use permit, but now he does and he understands he must request this amendment to the special use permit in order to add the rectory.  He stated there would be no more traffic and that the traffic would be less than if the rectory was a single family home or duplex.  He said there is no additional parking needed.  Mr. Kimbrell stated he and his wife are a part of the neighborhood and are mindful of the concerns about traffic.  He stated the new building has the capability of having three rooms, but they have already worked to make two ready, if the application is approved.

 

Council Member Brenton asked about the estimated square footage of the rectory.  Mr. Kimbrell said that it is taxed at 2,700 sq. ft.  He stated that tying this in to The James Inn will enhance the tax base.  He also requested that any adverse comments received by Council or City staff be noted during this public hearing.

 

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.

 

Mr. Hansen stated he had checked the ITE Manual and the closest reference to an inn is a hotel, for which trips are measured by the number of rooms occupied.  He stated that, since there is no increase in rooms being proposed, no traffic increase is anticipated.  Council Member Brenton stated that the impact would be less than residential, once the commercial credit would be applied.  Based on that, he stated, he would not have a problem with not requiring the tax in this case.  He stated that it is important to apply the tax in a standardized manner.  Mr. Hansen stated that the application of the tax is apportioned to a specific use based on its square footage.  The rates for uses listed in the brochure provided by the City have been calculated taking into consideration the trip generation by use and any applicable credits.

 

Council Member Martin asked if this amendment to the special use permit will also be for an indefinite period, as is the existing special use permit.  Ms. Carlson said it would.

 

Council Member Collins moved to approve the resolution.  Council Member Coe seconded the motion, which carried unanimously and is inscribed in Resolution No. 2157.

 

B.         *REZONING OF 1.1 ACRES FROM C-1, NEIGHBORHOOD BUSINESS DISTRICT TO C-2, GENERAL BUSINESS DISTRICT ON THE SE CORNER OF THE INTERSECTIONS OF 69 & 33 HWYS. [PZ CASE NO. 03-2006R] – ORDINANCE

 

Ms. Carlson stated the application is requesting to rezone 1.1 acres from C-1, Neighborhood Business District, to C-2, General Business District.  She stated that there is a vacant gas station on the property that operated as a legal non-conforming use, as it was in operation prior to the adoption of the zoning ordinance.  Ms. Carlson stated that the gas station has not been operational for more than 90 days and any new business going in must conform to the city standards for C-1 zoning.

 

She reviewed the adequate facilities for the site and stated there is a 12” water main that runs along the southern portion of the property and a storm water study would accompany submission of a site plan.  Ms. Carlson stated that if a use under the C-1 zoning is operated on the site, the site’s existing septic system may be used, provided the building is not expanded and that it meets all county health standards.  She mentioned the county health department has determined the system can support the proposed use (a used car lot), but would have to review other, more intensive uses permitted under the C-2 zoning before saying they would be approved.  Ms. Carlson said the applicant has stated his intention to submit plans for a used car lot, but if the rezoning is approved, there is the possibility that a more intensive use could operate at this location, including a convenience store.  Therefore the site would be required to connect to the City’s public sewer system.

 

Ms. Carlson stated that the City’s Future Land Use Plan envisions this property developing as a business area and is designated as a gateway into the City.  She stated that due to this designation, the application requires heightened analysis.  She stated that the Blueprint for Liberty calls for gateways to consist of “high-quality development with close attention to details” and there should be a sense of community, using the neighborhood principles as a guide.  It was determined this application is not consistent with the goals of the Future Land Use Plan.  She stated the Planning & Zoning Commission recommended denial.

Mayor Hawkins opened the public hearing and asked if anyone wished to speak in favor of the application.

 

John Roe, Roe & Epstein, 920 Main St., Kansas City, Missouri, spoke on behalf of the property owner, M. L. McGuire, and introduced him along with Kenny Schilb, who would manage the business on the site, and Ron Cowger with AGC Engineering.  Mr. Roe stated this is a simple rezoning application, changing the zoning of 1.1 acres from C-1 to C-2.  He stated that, based on the factors, he believes the Council should vote to rezone.  He stated that C-1 zoning is unreasonable for this property.  By definition, Mr. Roe said, C-1 is for pedestrian uses and this property is at the intersection of Highways 69 and 33.  He stated there is a controlled intersection at the northwest corner of the property.  He said the site has pedestrian use zoning, but has no sidewalks.  Mr. Roe said he contacted MoDOT and 2002 data estimated 25,000 to 30,000 cars per day at that intersection.  He said the current zoning would be for neighborhood retail, but to the east is the Earnest Shepherd Youth Center and that property has ball diamonds and a stable.  He said adjacent to the property there is also M-1 zoning, an industrial use, with dock-high doors for truck traffic.  He said there is a piece zoned R-1 and then another property zoned M-1 to the south.  He noted the visible side of the industrial property is a metal building that looks like a truck terminal.  He said the decision has been made to allow commercial uses on the property.  He said there is no neighborhood, only one house south of the property then the fire station.

 

Mr. Roe said this property has one small building less than 900 sq. ft. and it doesn’t lend itself to any C-1 type use because of the lack of space.  He said they looked at the C-2 use and decided to submit a rezoning application for that zoning classification.  He stated the property would qualify for C-3, but they looked at the character of the neighborhood and decided this application was consistent with the industrial surroundings.  Mr. Roe noted the area is marked purple on the Future Land Use Map, which is for business.

 

Mr. Roe stated the proposed use conforms to the Future Land Use Plan.  He stated it would result in public benefit.  A preliminary site plan had already been turned in for a used car lot.  He said the property is now used as a cut through and since the client bought the property in October, he has noticed the property being used as a meeting place for people who conduct business and then leave.  He said others park their cars and leave.  Mr. Roe stated the Blue Light Station closed in January 2002 and there is a chain link fence in disrepair on the east side of the property and graffiti on the north side.  He said the concrete and gravel are not in good shape.  He said the site plan proposes a wood privacy fence and closing the northerly entrance on 33 Hwy. from the site.  The new business would add onsite vigilance.  He said putting a business in, with lighting, would eliminate the current problems.  He said there would also be the benefit of employment and a benefit to the motoring public, looking for vehicles.

 

Mr. Roe stated that his client purchased the property and removed the underground storage tanks, backfilling the area.  He said that was funded by the State, but the applicant has still paid out about $62,000 on developing the property.

 

Ron Cowger, AGC Engineering, 2120 W. College, Liberty, Missouri, stated his firm was brought in to conduct a water study and prepare a site plan.  He said the preliminary site plan was prepared within a short time frame, but it shows the applicant’s commitment.  He reviewed a letter from the City to a previous interested party, Mr. Philpot, in October 2003, in which the staff said the property would have to be rezoned to C-2 to allow a gas station.  He read from the letter the excerpt stating that, as long as the facility is not expanded, and approval is received from the Clay County Health Department, the septic system could be used.  Mr. Cowger stated that the applicant has agreed

to close the entrance on the north side, and to clean up the property.  He noted that most of the septic system is on the Earnest Shepherd property.  Mr. Cowger also stated that in a letter to John Roe, staff had required improvements to the parking area and those changes are identified on the site plan.  He continued, saying staff’s letter indicated the sewer disposal issue needed to be addressed and the applicant must have an agreement in place, showing an easement for the lateral field.  He stated this is not a sewage lagoon; it is an underground lateral system.  He stated a letter had been received from the Clay County Health Department indicating the system is sufficient for a used car lot at the location and they would have to reevaluate if the use changed.  He said this has been a vacant property for two years and the applicant is proposing to put it back into production.  He said that vacant properties can spawn mischief and even illegal activities.  The applicant has taken steps to remediate the site.

 

Mr. Cowger stated the property is being used as a cut through by motorists to avoid the controlled intersection at 69 and 33 Hwys. making this a potentially dangerous location.  He said the applicant has cleaned up the site, proposed to put in new asphalt, removed the four phone pedestals and will remove the chain link fence and add landscaping.  He mentioned the applicant plans to add a privacy fence and remove the canopy damaged in the last ice storm.  He said the Land Use Plan says this area is designated for business.  Mr. Cowger mentioned he doesn’t disagree with the large scale approach but there would need to be more than 1.5 acres for that.  He said this is a landmark site.

 

Mr. Cowger said the sanitary sewer is the issue and the property can’t be rezoned without connection to the public sewer system.  He said the nearest connection, however, is one mile away and through Hallmark property.  He said, given Hallmark has submitted a letter objecting to the application, it would be hard to connect if Hallmark objects.  He said C-3 zoning could be appropriate for the site.  If not this applicant, he asked who would propose a use for the site.  Mr. Cowger noted that the building’s largest room is 200 sq. ft. and it is a difficult building for a business to utilize, except for a used car lot.

 

Mr. Roe continued that, based the building’s size and uses permitted in C-1 and C-2, the use should be predominantly outside of the building, not inside.  He stated such a use would be a used car lot.  Mr. Roe read from the minutes of the Planning & Zoning Commission, noting that the sewer issue dominated the discussion at that meeting.  He stated the Philpot letter specified that if the use didn’t go outside the footprint of the building, the applicant could use the existing septic system, but only with the signoff of the Clay County Health Department.  He stated between the submission of the application and the Planning & Zoning Commission meeting, staff repeatedly stated the letter from the Clay County Health Department was a requirement for the application.  He said that the letter had been issued by the Health Dept. and then staff said, if the property was to be rezoned to C-2, connection to a sanitary sewer a mile away would be required  He said the specific citation for this requirement had not been given in the letter from staff.  He said he asked for the reference and staff referred him to Chapter 29 of the City Code.  Mr. Roe said he read the entire chapter and could not find anything requiring this connection.  He said the Code just says if there is not a system within 200 ft., the site must be on an approved septic system.  He said this is a false issue and Council is protected if it approves the rezoning.  He said any use, other than the proposed used car lot, would require the Clay County Health Department approval.

 

Mr. Roe addressed the gateway and stated that when the Land Use Plan was adopted, this area was identified as a gateway with the Blue Light in place, which was a C-2 use.  He said this first impression has been bad for two years.  With no canopy, an asphalt cap, landscaping and privacy fence, the site meets the second criteria for a gateway, which is a sense that the community starts here.  He said a used car lot would not destroy the opportunity to develop the area for mixed use.  He quoted from the Planning & Zoning Commission minutes again, noting the Chairman had cautioned staff about the use of the gateway designation and that regardless of this discussion, Hallmark would have to

be convinced any use proposed is a good one, as it would be the one to decide whether or not to grant the easement for the sewer.  Mr. Roe also quoted the Planning & Zoning Commission minutes, where Dr. Dilts stated that this is an opportunity to look at the bigger picture and move in the direction the Blueprint outlined.  He said the comment also included the suggestion that Hallmark buy the property and use it for something it likes.

 

Mr. Roe stated that the applicant had filed for what the staff recommended, which was a rezoning from C-1 to C-2.  He stated that Mr. Anderson acknowledged having originally agreed this would be the approach to take, but the issue of other uses has now been raised.  He stated the applicant had indicated a willingness to amend its application for the specific use of a used car lot, and had been informed there is no planned district or redistricting just for a used car lot.  He said the ordinance to rezone could add Mr. Anderson’s restriction.  He said zoning can be used to let people in and to keep people out.  He stated the applicant is local and the manager is local, from Holt.  Mr. Roe requested approval of the rezoning.

 

Council Member Collins asked where the entrance would be closed.  Mr. Roe stated it would be the one on 33 Hwy., not the one on 69 Hwy.

 

Council Member Coe asked if it had occurred to the applicant to get the zoning changed before he bought the property.  Mr. Roe said it had, but others were interested and so his client had to remove the financing and zoning contingencies to get the property.  Mr. Coe said that is unfortunate, particularly with the requirement for a super majority vote on this application.  Mr. Roe stated the letters from Hallmark and Liberty Hospital were written on December 4, and the thrust was a concern about traffic, prior to the entrance being closed.  Council Member Coe stated he agreed with the comments made by Dr. Dilts and that if Hallmark is not happy, it should buy the property.

 

Council Member Brenton said it appears the applicant has already spent money on the site, and asked why the money was spent prior to getting the property rezoned.  Mr. Roe said the applicant had reviewed the comprehensive plan and met with staff regarding the sewer.  Then, he said, they had to make a business decision.  Mr. Brenton asked what the urgency had been in removing the tanks.  Mr. Roe said there was a deadline to apply to the superfund.

 

Council Member Hester stated if others were interested in the property, it was not likely to stand vacant, as was mentioned earlier.  Mr. Roe said that was correct, that Hendren Realty said there was another party interested in the property.  Council Member Coe said he understood if the applicant invested the money to purchase the property, but questioned why the applicant decided to do more at the time.  Mr. Roe said they felt it was their duty to improve the site and the Philpot letter, which was in the file, led them to believe the rezoning would be approved.

 

Council Member Collins said it wasn’t timing for the superfund application, so much as zoning, that was the issue.  Mr. Roe agreed and said that is why the applicant focused on rezoning.

 

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.  None came forward.

 

Mayor Hawkins said that legal counsel had advised that a super majority of the full council (6 votes) would be required to adopt the ordinance.  He stated it is on first reading at this meeting, but that could be waived if Council chose to consider the ordinance tonight.  He stated, however, that before he closed the public hearing, he wanted to make certain all understood that once he closed the hearing, there would not be any additional opportunity for public comment.  He would not reopen the public hearing, should the ordinance go to second reading.  Seeing no others wishing to comment on the application, Mayor Hawkins closed the public hearing.

Document No. 6165 was read.  Council Member Coe asked for clarification of the super majority needed, when a council member abstains due to a potential conflict of interest.  Mayor Hawkins said there have been instances where the Council has voted on a particular issue when a council member abstains due to a conflict, but that is not the situation at this meeting.

 

Council Member Coe asked that the ordinance go to second reading.  Mayor Hawkins asked what council members present expected not to be at the February 9 meeting.  Council Member Martin stated she might not be able to attend that evening.

 

Mayor Hawkins stated the ordinance would go to second reading on February 9.

 

IX.       ORDINANCES, CONTRACTS AND RESOLUTIONS

 

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

 

Document No. 6166 was read.  Council Member Hester moved to approve the ordinance.  Council Member Brenton seconded the motion.

 

Council Member Hadden asked for clarification of craftsman licenses.  Deputy City Clerk Jane Sharon stated they are additional licenses required for contractors doing electrical, mechanical and plumbing work in Liberty.

 

Council Member Martin asked about the community center pass refunds in the vendor payments.  Parks & Recreation Director Chris Deal stated there are instances where patrons have relocated and have just paid for a pass.  Under these and similar circumstances, the amount paid for the pass is refunded.

 

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 Coe – yes; Council Member Brenton – yes.  The motion carried unanimously; it was approved by the Chair and inscribed in Ordinance No. 8631.

 

B.         BALLOT CERTIFICATION FOR SEWER BOND ISSUANCE – ORDINANCE (2^ND READING)

 

Mrs. Gentrup stated that Council had asked questions when the ordinance was considered on first reading January 12.  She stated that, at Council’s direction, the language had been shortened.  Mrs. Gentrup noted that legal counsel has indicated the intent of the ordinance has not changed and therefore, can be considered on second reading at this time.

 

Document No. 6160 was read.  Council Member Brenton moved to approve the ordinance.  Council Member Hadden seconded the motion, which carried unanimously.  It was approved by the Chair and is inscribed in Ordinance 8632.

 

C.         ROADWAY DEVELOPMENT TAX

 

Mrs. Gentrup stated that the proposed changes to be considered are at the recommendation of the License Tax Review Committee, both of which were discussed in December.  She noted there would be an April 1, 2004 effective date for the tax rate increase, in order to share the changes with the business community.  Mayor Hawkins stated there have been several opportunities to discuss this and inflation costs are included in reviewing the rates.

 

1.         ESTABLISHMENT OF ROADWAY DEVELOPMENT TAX RATE – RESOLUTION

 

Council Member Brenton moved to approve the resolution.  Council Member Coe seconded the motion, which carried unanimously and is inscribed in Resolution No. 2158.

 

2.         AMENDMENT TO SECTION 7-134(b) OF THE LIBERTY, MISSOURI CODE OF ORDINANCES PERTAINING TO TERMS OF THE LICENSE TAX REVIEW COMMITTEE – ORDINANCE

 

Document No. 6167 was read.  Council Member Martin 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 Hadden seconded the motion.  Council Member Hester asked how it would be determined which committee members were appointed for the shorter terms in this period.  Mayor Hawkins said it would be addressed as he made the appointments, when the terms expired in November.  The motion carried unanimously.  It was approved by the Chair and is inscribed in Ordinance No. 8633.

 

D.        ADDITION OF USER FEES AND SERVICE CHARGES TO SCHEDULE OF FEES – ORDINANCE

 

Mrs. Gentrup said this ordinance is housekeeping in nature and places all fees in the schedule of fees.  She noted there is one fee increase, which was identified to be changed at Council’s direction, but had been inadvertently left off the last ordinance.

 

Document No. 6168 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 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. 8634.

 

Council Member Collins asked who requests use of the police computer.  Police Chief Knouse stated that there are occasions when a report is requested and the time on the computer is included in the cost of the report.

 

Council Member Martin asked about the ranges for striping the fields.  Mrs. Gentrup stated the parks fees are established in ranges to allow for changes in order to recoup the costs.  Mr. Deal said the fees charged are consistent throughout a season and are based on the amount of work required.

 

E.         CONTRACT WITH GEORGE BUTLER ASSOCIATES FOR ENGINEERING SERVICES FOR UPPER RUSH CREEK SANITARY SEWER INTERCEPTOR AND PUMPING STATION IN AN AMOUNT NOT TO EXCEED $492,074 – ORDINANCE

 

Mrs. Gentrup stated this contract will allow the design of changes for the Rush Creek sanitary sewer and was identified to be paid from half of the $1 million in funds borrowed from the Missouri Development Financing Board (MDFB).  The costs of the engineering design can be repaid with the sewer bonds when approved by voters.

 

Council Member Martin asked for clarification that the contract is not for construction.  Mrs. Gentrup said that was correct.

 

Council Member Brenton suggested the City wait until the election outcome is known before entering into an agreement for engineering services.  Mrs. Gentrup said the work is necessary and if the bond issue fails, the City would likely go back to the voters at a later date.  She stated it is possible to get an extension with the MDFB for repayment of the short term loan.

 

Mayor Hawkins asked if there is a limited timeframe for acceptance of the contract terms.  Public Works Director Steve Hansen said there is not.

 

Council Member Brenton expressed concern that the Council would be approving half-million dollar expenditure without a revenue source.  He said there would be clearer picture later although he understands the urgency in getting the project designed.  Mrs. Gentrup said this contract follows recent action taken by and direction from Council.  She stated the ordinance could go to second reading should the Council want more information.  Mayor Hawkins stated decisions were made to raise rates, recognizing the bonds would have to be repaid.  He said it would be symbolic to wait for voter approval before entering into a contract for design.  He said this is also an important matter to be prosecuted with all due haste.

 

Council Member Hadden asked how long the engineering would take.  Mr. Hansen said it would be at least a year.  He said this is a lengthy design project and being able to comply with the Department of Natural Resources’ effluent standards has an impact on the final design.

 

Document No. 6169 was read.  Mayor Hawkins said the ordinance would go to second reading on February 9.

 

F.         SECOND AMENDMENT TO CONTRACT WITH RIGHT OF WAY ASSOCIATES FOR SOUTH LIBERTY PARKWAY IN THE AMOUNT OF $9,435.60 – ORDINANCE

 

Document No. 6170 was read.  Council Member Martin moved to waive the rules and consider the ordinance on first reading.  Council Member Brenton seconded the motion, which carried unanimously.

 

Council Member Coe 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. 8635.

 

Council Member Hester asked if the reason for this additional expense was related to the Pleasant Valley agreement.  Mr. Hansen stated it is totally due to the changes negotiated by Pleasant Valley.

 

G.         ACCEPTANCE OF BID AND AGREEMENT WITH HURRICANE BAY CAR WASH FOR WASHING OF POLICE VEHICLES – MOTION

 

Document No. 6171 was read.  Council Member Martin moved to waive the rules and consider the ordinance on first reading.  Council Member Brenton seconded the motion, which carried unanimously.

 

Council Member Hester moved to approve the ordinance.  Council Member Hadden seconded the motion.  Council Member Hester asked about the location of Hurricane Bay.  Council Member Coe said it is the old Walton’s on Liberty Drive.  The motion carried unanimously; it was approved by the Chair and is inscribed in Ordinance No. 8636.

X.         OTHER BUSINESS

 

A.        AUTHORIZATION FOR REIMBURSEMENT TO OMI OF REPAIR AND MAINTENANCE EXPENSES PERTAINING TO WATER TREATMENT PLANT – MOTION

 

Mrs. Gentrup stated this is an old issue that required staff time to get documentation and work through insurance issues.  The costs are associated with the maintenance of the treatment plant.

 

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

 

B.                 ACCEPTANCE OF BID FOR PURCHASE OF POLICE UNIFORMS – MOTION

 

Council Member Hadden moved to approve the purchase of headgear and jackets from Alamar.  Council Member Coe seconded the motion, which carried unanimously.

 

Council Member Coe moved to approve the purchase of leather gear and vests from LEECO.  Council Member Martin seconded the motion, which carried unanimously.

 

Council Member Coe moved to approve the purchase cloth goods from The Armory.  Council Member Martin seconded the motion, which carried unanimously.

 

XI.               MISCELLANEOUS MATTERS FROM CITY ADMINISTRATOR

 

Mrs. Gentrup asked Finance Director Linda Tyree to update the Council on Road District funds.  Ms. Tyree stated that Special Road District No. 5 had concerns about Clay County approving the distribution of funds.  She stated she attended a County Commission meeting at which all three commissioners voted to approve the distribution.  She stated that County Auditor Hurlbert indicated he would not sign the authorization for distribution, as he did not think it was legal, given the county has no road and bridge levy.  The City’s legal counsel suggested the Road District wait for formal notification from the County before proceeding with any further action.

 

Council Member Hester asked if there had ever been a road and bridge levy.  Ms. Tyree said there had been one established in 1987.  Voters later approved the sales tax now in place, predicated on the levy being removed.  She noted the Road District had received all 2003 funding from the County through November and had been assured that December’s funds would be distributed.  Ms. Tyree stated the funds are used by the City for street maintenance and the City’s overlay projects.

 

Council Member Brenton asked if the sales tax had been passed as a substitute for the property tax.  Ms. Tyree said it is not dedicated to road and bridges maintenance.  Council Member Coe suggested the Election Board might be able to provide any information on the wording of what passed.  Ms.Tyree stated the County auditor’s contention is that the County does not have to pay the road districts.

 

Mrs. Gentrup asked for direction of Council with respect to the invitation from the School District to attend the February 3 meeting.  Council Member Brenton asked whether the School District had characterized the type of meeting they expected.  Mrs. Gentrup said the School District had indicated it hoped for there to be some discussion of commitment for contributions toward the 20%, even though the 80% portion of the funding has not been identified or approved.  Mayor Hawkins said the project could possibly be 100% funded. Mr. Brenton stated he believed it was premature to engage in dialog though he would attend and gather information. 

 

Mayor Hawkins said the February 2 study session with the Planning & Zoning Commission is to discuss the South Liberty corridor study, which may include Flintlock.  Mrs. Gentrup said it would include the effect on traffic and does address Flintlock.  Mayor Hawkins said there are a number of assumptions and it is very important to identify these.  He noted there had been problems earlier when there was some public discussion without knowledge of the assumptions.  He said if it provides an opportunity for all ideas to be aired, the meeting would be productive.

 

Mrs. Gentrup stated she would let the School District know Council Members Brenton, Coe, Hester and Martin would attend along with City staff.  She said she would clarify that the City would not be in a position to make commitments.  Council Member Hadden said there is no money in the City’s budget that is not already earmarked for projects.  She said staff can decide what best to take to the meeting with respect to the capital plan and it is important to let them know there is a committee being formed to look at capital planning.

 

XII.            MISCELLANEOUS MATTERS FROM MAYOR AND CITY COUNCIL

 

Council Member Hadden noted that an article in the most recent issue of Missouri Municipal Review, written for the state city clerks association by Deputy City Clerk Jane Sharon, had been reprinted in the magazine for city officials.

 

XIII.     ADJOURNMENT

 

            The meeting adjourned at 9:25 p.m.

 

 

                                                                                   

                                                                                                __________________________________

Mayor

Attest:

 

 

 

_____________________________________

Deputy City Clerk