CITY COUNCIL MEETING
MINUTES
MONDAY, MARCH 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 March 22, 2004 with Mayor Stephen P. Hawkins presiding. Mayor Hawkins called the meeting to order at 7:02 p.m.
II. INVOCATION AND PLEDGE OF ALLEGIANCE
The
invocation was given by Council Member LeRoy Coe, 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 and LeRoy Coe Ward II; Lyndell Brenton, Ward III; and Bill
Parker, Ward IV. Also in attendance were
Patty Gentrup, City Administrator; Steve Hansen, Public Works Director; Chris
Deal, Parks & Recreation Director; Steve Rulo, Parks & Open Space
Manager; Dennis Dovel, Sports Complex Manager; Donna Kay Taylor, Community
Center Manager; Linda Tyree, Finance Director; Gary Birch, Fire Chief; Mike
Snider, Fire Captain; Craig Knouse, Police Chief; Tim Moore, Police Lieutenant;
Steve Anderson, Planning & Development Director; JacLyn Carlson, Planner;
Mary Towse, Human Resources Director; Tony Sage, Information Services Manager;
Lyndsay Heal, Management Assistant; Janet Pittman, Executive Secretary; Angie
Borgedalen, Liberty Tribune; Joe Cook, Liberty Sun News; and 4 members of the
public.
IV. APPROVE MINUTES AND SUMMARIES
A.
REGULAR SESSION
MINUTES OF FEBRUARY 23, 2004
Council Member Hadden moved to approve the minutes as
distributed. Council Member Martin
seconded the motion, which carried 5-0-1.
Council Member Coe abstained due to absence.
B. EXECUTIVE SESSION MINUTES OF FEBRUARY 23, 2004
Council Member Martin moved to approve the minutes as
distributed. Council Member Brenton
seconded the motion, which carried 5-0-1.
Council Member Coe abstained due to absence.
C. STUDY SESSION MEETING SUMMARY OF MARCH 15, 2004
Council Member Brenton moved to approve the meeting
summary as distributed. Council Member
Hadden seconded the motion, which carried 5-0-1. Council Member Martin abstained due to
absence.
V. CITIZENS’ PARTICIPATION
Mayor Hawkins recognized Scout Derek Strickland with
Troop 357, who is working on his citizenship and the community badge, and his
father, Larry.
VI. MEETING SCHEDULE
City
Administrator Patty Gentrup stated that there would be no council meeting on
March 29th as that is a fifth Monday. She also noted that the next
public forum would be Thursday, March 25 at the United Methodist Church.
A. APPOINTMENTS
BOARD OF ADJUSTMENTS
Reappoint Lowell Mayone to a term expiring 4-1-09
Reappoint Jeff Campbell as an alternate to a term
expiring 4-1-09
CLAY COUNTY EXTENSION COUNCIL REPRESENTATIVE
Reappoint Vern Windsor to a term expiring 2-28-06
Council Member Coe moved to approve the
appointments. Council Member Hadden
seconded the motion, which carried unanimously.
B. AUTHORIZE EXECUTIVE SESSION TO BE HELD MARCH 22, 2004 IN THE COUNCIL CONFERENCE ROOM IMMEDIATELY
FOLLOWING THE REGULAR SESSION TO DISCUSS LITIGATION MATTERS AS AUTHORIZED BY
610.021(1) RSMo – MOTION
Council Member Coe moved to authorize the executive
session. Council Member Hadden seconded
the motion, which carried unanimously.
VIII. PUBLIC HEARINGS
A. ACKNOWLEDGEMENT OF VENDOR PAYMENTS FROM FEBRUARY 20, 2004 THROUGH MARCH 19,
2004
– ORDINANCE
Document
No. 6182 was read. Council Member Martin
moved to approve the ordinance. Council
Member Coe seconded the motion.
Council
Member Brenton requested clarification on check no. 80991 to Dennis
Carter. Public Works Director Steve
Hansen stated this was for right-of-way purchase required for the construction
of South Liberty Parkway. The property is currently zoned for
commercial development, which resulted in a higher commercial acquisition
value.
Council
Member Martin noted the increase in credit card usage and asked if staff had
inquired if there are any incentives offered by the credit card companies to
use a particular type of card. Finance
Director Linda Tyree stated she will inquire if there are any incentives for
corporate use and will follow up with Council.
Vote
on the motion was as follows: Council
Member Collins – yes; Council Member Martin – yes; Council Member Parker – yes;
Council Member Hadden – yes; Council Member Coe – yes; Council Member Brenton –
yes. The motion carried unanimously; it was approved the Chair and inscribed in
Ordinance No. 8648.
B. *REPLAT OF GROOM’S ADDITION, LOTS 27 & 28 LOCATED ON THE
SOUTHWEST CORNER OF GROOM AND MAIN STREETS [P&Z CASE NO. 04-2013FP] –
ORDINANCE
Planner JacLyn Carlson stated the applicants are
requesting to replat lots 27 and 28 of Groom’s Addition so that the lots are no
longer one combined parcel. With the
original plat of Groom’s Addition, lots 27 and 28 were two distinct lots
fronting Groom
Street. Since that time, the two lots have been
combined. The replat will reconfigure
the lot into two tracts, both of which will front Main Street.
Ms. Carlson noted that Subdivision Regulations require
all residential lots to have a minimum depth of 110 feet and the proposed lots
are only 100 feet deep. The applicants
are requesting a 10 foot variance from the minimum lot depth requirement. Considering the parcel was originally two
lots and the minimum lot area of 5,000 square feet has been met, staff is
comfortable with this deviation from the 110 foot minimum lot depth
requirement. In addition, the applicants
are also seeking a 10 foot variance from the corner side yard setback of 15
feet for Tract B. Staff feels this
variance should also be allowed given Groom Street is a dead end street and there are no plans to extend
it beyond its current termination point, thus eliminating the traffic safety
concerns that are the basis for the 15 foot corner side yard setback.
Ms. Carlson stated that staff finds that the
application substantially conforms to the requirements set forth in the Zoning
Ordinance and Subdivision Regulations, and therefore, recommends approval of
P&Z Case No. 04-2013FP with the following variances:
1. A 10 foot variance from the minimum lot depth
of 110 feet for Tracts A and B.
2. A 10 foot variance from the corner side yard
setback of 15 feet for Tract B.
Council Member Martin asked why staff reviewed the
design of the homes. Ms. Carlson stated
that in accordance with the infill requirements for the RNC, Neighborhood
Conservation Residential zoning district, new construction is reviewed by staff
to ensure the design of the home is in keeping with the character of the
existing neighborhood.
Document No. 6183 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 Coe moved to approve the
ordinance. Council Member Brenton
seconded the motion, which carried unanimously.
It was approved by the Chair and is inscribed in Ordinance No. 8649.
C. *SOUTH LIBERTY PARKWAY
1. ACCEPTANCE OF RIGHT OF WAY AND EASEMENTS – ORDINANCE
Mr.
Hansen stated that this project will construct the South Liberty Parkway between the I-35
interchange at Pleasant Valley to Withers Road and the extension of Withers Road from the Community Center
to the new parkway. To date, the City
has settled with owners of eight of the 19 tracts that make up the corridor
along the project. In addition, two
others not included in the action report have now been agreed to and will come
forward for approval at a future meeting.
Mr. Hansen stated that it appears the remaining tracts will go through the
condemnation process.
Council
Member Brenton asked if any of the right-of-way acquisitions are outside of the
City of Liberty. Mr. Hansen
stated that only part of the Dennis Carter tract is outside of Liberty.
Council
Member Brenton asked whether the City asked for voluntary annexation of the
property when negotiating for right-of-way.
Mr. Hansen stated that this option was not explored with this property
owner. Mrs. Gentrup noted that in order
for the City of Liberty to annex this property the
City of Pleasant Valley would have to agree as well because the property is
located within the Pleasant Valley city limits.
Document
No. 6184 was read. Council Member Martin
moved to waive the rules and consider the ordinance on first reading. Council Member Hadden 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. 8650.
2. CONTRACT FOR CONSTRUCTION WITH AMINO BROTHERS CO., INC. IN
AN AMOUNT NOT TO EXCEED $8,434,231.69 – ORDINANCE
Mr.
Hansen stated the project bid opening was held on February
17, 2004. Eight bids were received with
the lowest bid being $8.4 million and the highest $10.3 million. He noted that contracts are not normally
awarded until all of the easements and right-of-ways have been acquired. However, the lowest bidder, Amino Brothers,
who have acknowledged the delayed start of construction, have requested that
the contract be awarded as soon as possible in order to lock in material prices
at their current level. Construction is
expected to begin in late May, once the remaining properties have been
acquired, with completion of construction anticipated for late 2005. Construction will begin at the Pleasant Valley interchange and will move
eastward, and it is possible that some commercial development may occur prior
to completion of the road.
Council
Member Brenton asked if the contract is approved now will Amino Brothers Co.
seek additional funds through change orders because they won’t be able to begin
construction immediately. Mr. Hansen
stated that the company is aware that construction cannot begin until all of
the easements and right-of-ways have been acquired.
Document No. 6185 was
read. Council Member Coe 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 Martin seconded the motion, which carried
unanimously. It was approved by the
Chair and is inscribed in Ordinance No. 8651.
D. AMENDMENT TO 2004-06 CAPITAL IMPROVEMENT PLAN – RESOLUTION
Mrs.
Gentrup stated that construction of the South Liberty Parkway is now estimated at almost
$2.8 million less than budged. Mrs.
Gentrup noted that Council recently reviewed the bids for the parkway, a
current financial forecast, results of the citizen survey, and the findings of
the South Liberty Corridor Study. Based
on that information, Council directed that the Capital Improvement Plan be
amended to include the issuance of $6.5 million in bonds in 2005 and to add the
following additional transportation projects:
§
$1.1 million for engineering and design for the second phase of the
parkway, including an update on the Phase 1 economic analysis and a similar
analysis on Phase 2.
§
$1 million for land acquisition for the second phase.
§
$100,000 for Liberty’s share of the engineering
and design of the Flintlock Overpass.
Council Member Brenton
asked if construction of the South Liberty Parkway could be broken into three
phases. Mr. Hansen stated it could be
possible if there turns out to be another funding source to construct the
parkway from Ruth Ewing back to the west.
Council Member Parker asked if that could include Birmingham road, which would relieve
congestion in that area. Mr. Hansen said
that may be possible however construction would be affected by the bridges
required over the railroad tracks.
Council Member Brenton
asked if the three items would come back to Council for approval when they
occur. Mrs. Gentrup said that is
correct.
Council Member Martin move
to approve the resolution. Council
Member Hadden seconded the motion, which carried unanimously and is inscribed
in Resolution No. 2160.
E. *AMENDMENT TO CHAPTER 22, “OFFENSES – MISCELLANEOUS” OF THE LIBERTY CITY CODE PERTAINING TO WEAPONS
– ORDINANCE
Police
Lieutenant Tim Moore stated that on September
11, 2003, House Bill 349 was enacted by the General Assembly of the State of Missouri. This legislation allows citizens who are
trained in the use of firearms, pass a background check, and pay a fee to carry
concealed firearms. The bill became law
on February 26, 2004. Chapter 22, Section 21 of the Code of the
City of Liberty was adopted on June 1,
1981
and prohibits the carrying of concealed weapons in the city limits of Liberty. The current code is no longer adequate for
enforcing restrictions on individuals who carry concealed weapons within the
City of Liberty.
Lt.
Moore stated the proposed ordinance amendments will allow for enforcing
violations of weapons offenses and conceal carry restrictions through the
municipal court. Persons who obtain a
permit to carry concealed firearms will be restricted by this ordinance from
entering government buildings, schools, hospitals, churches, bars, parks, and
any premises a property owner has posted as being off limits to firearms. The recommended ordinance has been reviewed
by staff and the City’s Legal Counsel George Kapke.
Council
Member Martin asked why under Weapons Offenses Definitions all were tangible
items except (7) intoxicated. Lt. Moore
stated that since the law prohibits someone who is intoxicated to carry a
concealed weapon it was required that intoxicated be defined.
Council
Member Brenton asked if signs must be posted in a visible location in order for
the ordinance to be enforceable. Lt.
Moore stated that is correct. Mrs.
Gentrup stated that once the ordinance is approved signs will be placed at
appropriate city-owned locations.
Council
Member Brenton noted that the ordinance states no person shall carry concealed
firearms into any church or other place of religious worship without the
consent of the minister or person or persons representing the religious
organization that exercises control over the place of religious worship. Council Member Brenton expressed concern that
the City has no right to tell churches what they can do. Lt. Moore noted that
this is the State Law. Council Member
Brenton said he would like to know local clergy’s response to this section.
Council
Member Brenton expressed concern that the churches would have to “opt out”
versus “opt in.” Council Member Collins
stated that churches would require a sign saying no weapons allowed, and he
couldn’t imagine churches doing that.
This ordinance would prohibit weapons in churches without requiring a
sign, unless approved by the minister.
Mayor
Hawkins stated that Council could amend the ordinance to remove that section
later if deemed unconstitutional.
Council Member Brenton asked if this ordinance could be taken to second
reading. Mrs. Gentrup suggested that
Council review the ordinance in a study session. Mayor Hawkins said that is possible; however,
the City needs to be in concert with State Statute and Council can’t rewrite a
State Statute.
Council
Member Parker stated that he would like to see Council put some of the
ordinance into effect and proposed leaving out that section. Mayor Hawkins stated that Council could
approve the ordinance now so that the City would have an ordinance in place and
Council could amend the ordinance upon further review and consideration in a study
session. Any amendments would then be
brought back to Council for approval.
Document No. 6186 was
read. Council Member Hadden moved to
waive the rules and consider the ordinance on first reading. Council Member Parker 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. 8652.
F. MAINTENANCE AGREEMENT WITH IBM IN THE AMOUNT OF $15,224.80
FOR PUBLIC SAFETY HARDWARE – ORDINANCE
Document No. 6187 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 Hadden moved
to approve the ordinance. Council Member
Coe seconded the motion, which carried unanimously. It was approved by the Chair and is inscribed
in Ordinance No. 8653.
H. SPORTS COMPLEX
1.
*SUPER SERIES NATIONAL TOURNAMENTS
a. PURCHASE OF SOUVENIRS FOR NATIONAL TOURNAMENTS FROM SUPER
SERIES BASEBALL OF AMERICA IN AN AMOUNT NOT TO EXCEED
$20,000 – MOTION
Sports Complex Manager Dennis
Dovel stated that the number of teams in both league and recreational play has
increased over last year. Mr. Dovel
stated that the sports complex will host two national champion baseball
tournaments this July for Super Series Baseball of America. As part of hosting the tournaments, the City
will offer Super Series National championship souvenirs for sale during the
tournaments. All items offered are sold
for a profit to defray other costs associated with the event.
Council Member Martin moved
to approve the purchase. Council Member
Hadden seconded the motion, which carried unanimously
b. AGREEMENT WITH LASERTAINMENT IN THE AMOUNT OF $11,250 FOR
LASER LIGHT SHOWS AT OPENING CEREMONY OF NATIONAL TOURNAMENTS – ORDINANCE
Mr. Dovel stated that as
part of hosting the national tournaments, an opening ceremony is to be included
as part of each tournament. The opening
ceremonies are generally planned to be events similar to the opening of the
Olympics, but on a smaller scale. The
planning committee recommends that an opening ceremony include a 20 to 30 minute
laser light show choreographed to music.
Council Member Parker asked
Mr. Dovel how big he anticipates the complex to be 5-10 years from now, and how
many opportunities there are to host national tournaments. Mr. Dovel said there is room for future expansion
at the complex; however, with the planning involved in hosting national
tournaments it is recommended that the complex only hold 2-3 per year; however,
there is potential for hosting national soccer events in the future as well.
Document No. 6188 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 Martin 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. 8654.
2. OFFICIATING SERVICES
a. AGREEMENT WITH GREATER KANSAS CITY UMPIRES ASSN. IN AN AMOUNT
NOT TO EXCEED $30,000 FOR SOFTBALL OFFICIATING SERVICES – ORDINANCE
Council Member Martin noted
that the contracts expire December 31, 2004 and asked if staff was
trying to lock-in rates by utilizing multi-year contracts with an option to
renew. Mr. Dovel stated that is
something staff will explore in future once they are comfortable with the level
of service provided. He noted that there
was no rate increase over last year’s agreement.
Document No. 6189 was
read. Council Member Coe 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
Martin seconded the motion, which carried unanimously. It was approved by the Chair and is inscribed
in Ordinance No. 8655.
b. AGREEMENT WITH METRO OFFICIALS ASSOCIATION IN AN AMOUNT NOT
TO EXCEED $75,000 FOR BASEBALL OFFICIATING SERVICES – ORDINANCE
Council Member Brenton
asked if this was the same organization that was contracted with last
year. Mr. Dovel stated it is not.
Document No. 6190 was
read. Council Member Coe 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
Martin seconded the motion, which carried unanimously. It was approved by the Chair and is inscribed
in Ordinance No. 8656.
I. CONTRACT WITH THE WALDINGER CORPORATION FOR PURCHASE AND
INSTALLATION OF HVAC HEAT EXCHANGER IN THE AMOUNT OF $8,590 – ORDINANCE
Document No. 6191 was
read. Council Member Coe 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
Martin seconded the motion, which carried unanimously. It was approved by the Chair and is inscribed
in Ordinance No. 8657.
J. AGREEMENT WITH VAN’S FENCE CO. IN AN AMOUNT NOT TO EXCEED
$9,613.25 FOR PURCHASE AND INSTALLATION OF FENCING AT CITY PARK BALL FIELD 2 –
ORDINANCE
Council Member Martin asked
how long the present fence has been there.
Parks & Recreation Director Chris Deal stated the existing fence is
over 15 years old. Parks & Open
Space Manager Steve Rulo stated that the price includes removing and replacing
the existing poles.
Document
No. 6192 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 Martin moved
to approve the ordinance. Council Member
Coe seconded the motion, which carried unanimously. It was approved by the Chair and is inscribed
in Ordinance No. 8658.
Council Member Brenton
moved to approve the purchase. Council
Member Hadden seconded the motion, which carried unanimously.
Council Member Martin moved
to approve the purchase. Council Member
Coe seconded the motion, which carried unanimously.
Council Member Hadden moved
to approve the purchase. Council Member
Coe seconded the motion, which carried unanimously.
Council Member Martin moved
to approve the purchase. Council Member
Parker seconded the motion, which carried unanimously.
Council Member Martin moved
to approve the purchase. Council Member
Hester seconded the motion, which carried unanimously.
Council Member Hadden moved
to approve the purchase. Council Member
Coe seconded the motion, which carried unanimously.
Council Member Hadden moved
to reconcile the street light inventory.
Council Member Martin seconded the motion, which carried unanimously.
XI.
MISCELLANEOUS MATTERS FROM CITY ADMINISTRATOR – None.
Mrs. Gentrup thanked Boy
Scout Derek Strickland for attending the entire meeting.
XII.
MISCELLANEOUS MATTERS FROM MAYOR AND CITY COUNCIL
Council Member Brenton
requested that all bidders be listed on action reports.
Council Member Hadden
stated that she will provide staff with information regarding Missouri
Department of Economic Development awards that are available.
Council Member Collins
stated he is concerned that even with the installation of the new pedestrian
crossing lights at the intersection of Mill and Missouri cars are still not
yielding to pedestrians. He would like
to see enforcement at this location and education on the issue. Mrs. Gentrup noted that staff would follow up
on this.
XIII.
ADJOURNMENT
The meeting adjourned at 8:38 p.m.
__________________________________
Mayor
Attest:
_____________________________________
Deputy City Clerk