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CITY COUNCIL MEETING

MINUTES

MONDAY, FEBRUARY 23, 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 February 23, 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 Lyndell Brenton, who then led the pledge of allegiance.

           

III.       ROLL CALL

 

Roll call was answered by Mayor Stephen P. Hawkins; Ed Collins and Coni Hadden, Ward I; Anna Marie Martin, Ward II; Lyndell Brenton and Juarenne Hester, Ward III; and Bill Parker, Ward IV.  Also in attendance were Patty Gentrup, City Administrator; Cynthia Boecker, Assistant City Administrator; Steve Hansen, Public Works Director; Chris Deal, Parks & Recreation Director; Steve Rulo, Parks & Open Space Manager; Linda Tyree, Finance Director; Gary Birch, Fire Chief; Rob Elam, Division Fire Chief; Craig Knouse, Police Chief; Steve Anderson, Planning & Development Director; JacLyn Carlson, Planner; Mary Towse, Human Resources Director; Tony Sage, Information Services Manager; Lyndsay Heal, Management Assistant; Jane Sharon, Deputy City Clerk; Angie Borgedalen, Liberty Tribune; Joe Cook, Liberty Sun News; and 21 members of the public.

 

IV.       APPROVE MINUTES AND SUMMARIES

 

A.                 REGULAR SESSION MINUTES OF FEBRUARY 9, 2004

 

Council Member Hadden moved to approve the minutes as distributed.  Council Member Parker seconded the motion, which carried 5-0-1.  Council Member Martin abstained due to absence.

 

V.        CITIZENS’ PARTICIPATION

 

Dr. Myra Unger, 175th Anniversary Book Coordinator and Managing Editor, addressed the Council and presented a copy of the book to each council member and the mayor.  She stated that an ad hoc steering committee had formed in July 2002 and had requested initial financial backing from the Council.  In October 2002, Council had approved $5,000 for seed money for the book.  The 20-month project resulted in the book being distributed.  She thanked Chad Means, Juarenne Hester and Pola Firestone, who functioned as the editorial committee.  She also thanked the authors that contributed to the book.  She noted that $40,000 had been raised since October 2002 and the total, including donations and pre-sales of the book to date, is $57,000.  She said expenses had been approximately $45,000 to date, with one bill outstanding.  Dr. Unger encouraged those present to participate in the events being planned to celebrate the 175th anniversary and noted that books will continue to be available for sale at city hall and local bookstores.

 

Mayor Hawkins thanked Dr. Unger and the members of the book committee.  He stated that he and the Council were pleased with the return on their investment as evidenced by the beautiful book.

 


A.        PROCLAMATION EXPRESSING APPRECIATION TO MYRA UNGER FOR HER EFFORTS RELATED TO THE 175TH ANNIVERSARY BOOK

 

Mayor Hawkins thanked Myra Unger directly for all her efforts in making the book a reality.  He presented her with a proclamation declaring February 23, 2004 Dr. Myra Unger day in Liberty.

 

Dr. James Coleberd said he appreciated the opportunity to make an informal contribution to the book.  He said he grew up in Liberty and this July would be the 50th anniversary of his having received his fire department badge.  Dr. Coleberd said he had been recruited by a fireman to help on a hose line when he was a teen and knew that was his calling, having greatly enjoyed his service.

 

Mayor Hawkins declared the meeting to be in recess at 7:15 p.m.

 

Mayor Hawkins called the meeting back to order at 7:29 p.m.

 

Don Altis, president of the Downtown Merchants Association, thanked the City for its recent advertising campaign, highlighting the Square.  He presented a calendar of events being discussed to bring people to the Square.  Included in the proposed events is a show car cruise night.  He also mentioned a “Taste of Liberty” event that would raise funds for the Christmas lights on the Square.  He stated that the Downtown Merchants Association is incorporating as a 501(c)(6) corporation.  He asked Council to consider use of revenues from parking fines to advertise the Square.

 

Mr. Altis asked about the streetlights and when they might be fully installed on the Square.  Mrs. Gentrup stated that the City has stressed to Aquila how important it is to get the lights operational.  She noted that, as recently as last week, staff met with Aquila representatives to discuss this.  She said they hoped to have the lights ready by early April, but there are issues with the supplier.  She stated the City is doing what it can and has made it clear this is an important issue for the downtown merchants.

 

VI.       MEETING SCHEDULE

 

Mrs. Gentrup stated that there would be no council meetings March 1 or March 8.  She stated that public forums have been scheduled each Thursday in March to present information about the sewer bond issue on the April 6 ballot and to offer citizens an opportunity to ask questions about any City operation.  She stated there is one meeting scheduled in each ward, but citizens can attend any or all of the forums.  Mayor Hawkins asked the council members to attend and said he will attend the public forums.

 

Mrs. Gentrup stated the next council meeting would be a March 15 study session, at which roadway priorities would be discussed.

 

VII.      CONSENT AGENDA

 

A.        AUTHORIZE EXECUTIVE SESSION TO BE HELD FEBRUARY 23, 2004 IN THE COUNCIL CONFERENCE ROOM IMMEDIATELY FOLLOWING THE REGULAR SESSION TO DISCUSS PERSONNEL MATTERS AS AUTHORIZED BY 610.021(3) RSMo – MOTION

 

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

 


B.         PURCHASE OF NEW VISION SOFTWARE FROM ACS IN THE AMOUNT OF $11,650 – MOTION

 

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

 

VIII.     PUBLIC HEARINGS

 

A.                 *SPECIAL USE PERMIT TO ALLOW A NEIGHBORHOOD ADVANCEMENT CENTER AT 502 N. WATER (FORMER GARRISON SCHOOL) [PZ CASE NO. 04-2009SUP; Applicant: Clay County African American Legacy, Inc.] – RESOLUTION

 

Planner JacLyn Carlson stated the special use permit would allow the operation of a neighborhood advancement center at 502 N. Water St., the site of the former Garrison School.  She stated the surrounding land uses included single family residences, low rise apartments and multi-family residences.  Ms. Carlson reviewed the history of the school, stating it had been rebuilt after a fire in the early 1900s.  She said the site was used most recently by the Liberty School District for providing educational assistance to disadvantaged and special needs children.  Ms. Carlson said the building would be used for promoting education and cultural heritage while also providing space for non-profit organizations and small business development.  She added that the applicant intends to conduct tutoring and after school programs and a private or parochial school would possibly hold classes at the site.

 

She noted a stipulation to the special use permit would require that no more than 3,000 square feet of space be leased for non-retail commercial office use.  Ms. Carlson stated that staff reviewed the Roadway Development Tax by examining the previous use, which was a school, compared to the proposed use.  Trips generated for the entire 10,000 sq. ft. building, were it to remain a school, would be 31 at peak hour.  The 3,000 sq. ft. of office space would generate 5 peak hour trips and 7,000 sq. ft. of recreational and community center space would generate 12 peak hour trips, together generating 17 peak hour trips compared to the previous use of 31 peak hour trips.  She stated the center, therefore, would not be subject to the Roadway Development Tax.

 

She stated all seven findings for a special use permit were supported by the application and the Planning & Zoning Commission recommends approval of the special use permit in accordance with the attached business plan and with the stipulation.

 

Council Member Martin asked if the special use permit would cover all entities at that location.  Ms. Carlson said it would.  Mrs. Martin asked if there had been any neighborhood opposition expressed.  Ms. Carlson said staff had not received any comments opposing the use.  Mrs. Martin asked if there would be activities every day.  Ms. Carlson said it would vary with classes possibly being held during the day and possibly some evening activities.

 

Council Member Collins asked if the building had been modified since being rebuilt in the 1900s.  Teresa Byrd stated the School District made modifications on the exterior.  Council Member Hadden asked if there would have to be changes to the interior for this proposed use.  Ms. Byrd stated that the school would be leasing the space as is and there is no money for renovations at this time.

 


Mayor Hawkins opened the public hearing and asked if anyone present wished to speak in favor of the application.  Teresa Byrd, 431 East Franklin, thanked Ms. Carlson and the Planning & Zoning Commission for the recommendation.  She stated her group is proud to own the building, considering it is the source of so much African American history and would be using the building as

originally intended, as a school, with additional opportunities to serve the community.  She said they plan to offer programming and services for the Liberty community.  Ms. Byrd noted that her group is in discussions with the Liberty Celebration Center for a parochial school and those looking for office space.  She stated the group realizes it serves as the steward of the school and is mindful of the needs of the neighborhood.  She stated others in the group were attending a School Board meeting where one of the group’s members was being honored or they would have been present as the Council considered this application.  Council Member Collins asked if they were discussing office space for In As Much Ministries.  Ms. Byrd said they have talked with that group and with Love, Inc.

 

Ray Brock, 1140 Manchester, stated he owns the property west of the school and supports the resolution for the special use permit.

 

Mayor Hawkins asked if anyone else 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 moved to approve the resolution to allow a neighborhood advancement center at 502 N. Water Street.  Council Member Martin seconded the motion, which carried unanimously and is inscribed in Resolution No. 2159.

 

IX.       ORDINANCES, CONTRACTS AND RESOLUTIONS

 

A.        ACKNOWLEDGEMENT OF VENDOR PAYMENTS FROM FEBRUARY 6, 2004 THROUGH FEBRUARY 20, 2004 – ORDINANCE

 

Document No. 6179 was read.  Council Member Hester moved to approve the ordinance.  Council Member Brenton seconded the motion.

 

Vote on the motion was as follows:  Council Member Collins – yes; Council Member Martin – yes; Council Member Hester – yes; Council Member Parker – yes; Council Member Hadden – yes; Council Member Brenton – yes.  The motion carried unanimously; it was approved by the Chair and inscribed in Ordinance No. 8645.

 

B.         AMENDMENTS TO THE 2003 BUDGET – ORDINANCE

 

Mayor Hawkins asked if this is just making the budget agree with expenditures.  Finance Director Linda Tyree said it is.

 

Document No. 6180 was read.  Council Member Hadden moved to waive the rules and consider the ordinance on first reading.  Council Member Martin seconded the motion, which carried unanimously.

 

Council Member 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. 8646.

 


C.         AMENDMENT TO COOPERATIVE AGREEMENT FOR SEWER SERVICE BETWEEN KANSAS CITY, MISSOURI AND LIBERTY – ORDINANCE

 

Mrs. Gentrup stated that this agreement is for a five year period.  Council Member Martin asked how soon the gravity and pump station would be connected to Kansas City directly.  Public Works Director Steve Hansen stated the engineering should be completed by the end of the year with construction beginning early in 2005.  He said it would be about a year to complete following the start of construction.  Mrs. Martin asked if the rates in this agreement would be paid until that is completed.  Mr. Hansen said the rates would not be paid until the plant is removed from service. At that time this agreement would be amended to include the additional connection point.

 

Council Member Brenton asked if the annual cost has been reviewed as to options.  Mr. Hansen stated that a commitment had been made to Council after the feasibility study to monitor the cost of contracting with Kansas City versus the City providing the service.  He said that questions were raised due to what was encountered at the Rush Creek plant with the change in standards and increased costs causing the City to abandon the plant and pursue a direct connection to Kansas City.  He said there is no reason at this time to discontinue going to Kansas City.  Mr. Brenton asked about the option to end this agreement.  Mr. Hansen said either party can elect to end the agreement; he said he would get information to Council about the notice requirements to terminate the agreement.

 

Mayor Hawkins said the Rush Creek plant being small seemed to indicate it had always been intended to be of temporary service.  Mr. Hansen said it is appropriate to look at regional approaches and Kansas City has the capacity to accommodate the City of Liberty.  Mayor Hawkins asked if there is any problem with Kansas City meeting standards at their plant.  Mr. Hansen said he is not aware of any.  He stated they serve a larger area with a larger customer service base so the costs associated with new standards can be spread over a wider population.  Mayor Hawkins asked if there has been any encouragement to enter into these cooperative agreements.  Mr. Hansen said there had been.

 

Document No. 6181 was read.  Council Member Hadden moved to waive the rules and consider the ordinance on first reading.  Council Member Martin seconded the motion, which carried unanimously.

 

Council Member 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. 8647.

 

D.        AGREEMENT WITH GRASS ROOTS INC. FOR MOWING AT COMMUNITY CENTER AND CEMETERIES IN AN AMOUNT NOT TO EXCEED $37,850 – ORDINANCE

 

Mrs. Gentrup stated the vendor had agreed to extend services at the same cost.  Mayor Hawkins asked if this is a contract for three years and the Council will have to act annually.  Mrs. Gentrup said that is correct.  Council Member Hadden asked if there is a termination clause.  Parks & Open Space Manager Steve Rulo said either party can terminate with 30 days notice and the price has been guaranteed for the three years.  He clarified that this is the second year of the three year period for which costs are guaranteed.

 

Document No. 6182 was read.  Council Member Martin moved to waive the rules and consider the ordinance on first reading.  Council Member Hester seconded the motion, which carried unanimously.

 

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 No. 8648.

X.         OTHER BUSINESS

 

A.                 COMPUTER AND NETWORK EQUIPMENT PURCHASES

 

Council Member Brenton asked what was done with the equipment being replaced.  Information Services Manager Tony Sage stated that some are traded in for further discounts; others are sold at the fall auction or reused in other areas.  Mayor Hawkins asked if the trades are factored in the figures provided.  Mr. Sage said they are.

 

1.         PURCHASE OF COMPUTERS FROM CDWG IN THE AMOUNT OF $39,075 – MOTION

 

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

 

2.         PURCHASE OF NETWORK EQUIPMENT FROM AOS IN THE AMOUNT OF $66,228 – MOTION

 

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

 

3.         PURCHASE OF LAPTOPS FROM POMEROY IN THE AMOUNT OF $3,342 – MOTION

 

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

 

4.         PURCHASE OF MONITORS, A WORKSTATION AND SERVERS FROM HEWLETT PACKARD IN THE AMOUNT OF $28,509 – MOTION

 

Council Member Martin moved to approve the purchase.  Council Member Brenton seconded the motion.  Council Member Hadden asked for clarification on the purchase.  Mayor Hawkins asked if the purchase could be made from any of the three vendors through this program.  Mrs. Gentrup said that is correct.  The motion carried unanimously.

 

5.         PURCHASE OF SERVER OPERATING SYSTEMS FROM MTC IN THE AMOUNT OF $1,380 – MOTION

 

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

 

XI.               MISCELLANEOUS MATTERS FROM CITY ADMINISTRATOR – None.

 

XII.            MISCELLANEOUS MATTERS FROM MAYOR AND CITY COUNCIL – None.

 


XIII.          ADJOURNMENT

 

            The meeting adjourned at 8:03 p.m.

 

 

                                                                                   

                                                                                                __________________________________

Mayor

Attest:

 

 

 

_____________________________________

Deputy City Clerk