CITY COUNCIL MEETING
MINUTES
MONDAY, JUNE 28, 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 June 28, 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; LeRoy Coe and Anna Marie Martin, Ward II; Lyndell Brenton and 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; Chris Deal, Parks & Recreation Director; Linda
Tyree, Finance Director; Mary Towse, Human Resources Director; Steve Anderson,
Planning & Development Director; JacLyn Carlson, Planner; Lisa Pool,
Planner; Gary Birch, Fire Chief; Craig Knouse, Police Chief; Sara Cooke, Public
Relations Coordinator; Lyndsay Heal, Management Assistant; Randy Cole, Intern; Jane
Sharon, Deputy City Clerk; Summer Harlow, The Kansas City Star; Angie
Borgedalen, Liberty Tribune; Joe Cook, Liberty Sun News; and eight members of
the public.
IV. APPROVE MINUTES AND SUMMARIES
A.
REGULAR SESSION
MINUTES OF JUNE 14, 2004
Council Member Coe moved to approve the minutes as
distributed. Council Member Hester
seconded the motion, which carried 7-0-1.
Council Member Collins abstained due to absence.
B.
STUDY SESSION
MEETING SUMMARY OF JUNE 14, 2004
Council Member Martin moved to approve the meeting
summary as distributed. Council Member
Robertson seconded the motion, which carried 7-0-1. Council Member Collins abstained due to
absence.
V. CITIZENS’ PARTICIPATION
Cecil
O’Dell, 464 N.
Morse Avenue,
expressed concerns about the condition of the street around his property. He provided a map and photographs to the
Council and reviewed his efforts to get the streets repaired. He said the storm water runoff was bringing
too much water down across his property and the street has been washed out for
two years now. Mr. O’Dell said there are
clods of black top one ft. square; underneath the blacktop has been washed out
as well. He said the city administrator
had told him there was no money last year and the city engineer said these
streets are on a short list this year.
Mr. O’Dell said this is the worst section of street in Liberty. He requested
action to repair these streets. He also
stated there are three catch basins along Morse and two of them are filled with
dirt. He said the only ones working are on
either side of Ruth Moore Park.
Mr.
O’Dell stated he had contacted Council Member Coe and he had agreed with the
street being in bad condition. Mr.
O’Dell stated that when the City had three inches of rain recently, water came
down the steps of his neighbor’s house like a waterfall.
Mr.
O’Dell continued with an additional concern about the overall condition of the
older streets in Liberty. He said that
the trash trucks today are using front loaders.
These are causing damage to the streets from the vibration. He said it is the old streets that are being
damaged and he asked Council to consider some means of dealing with the
problem.
Mrs.
Gentrup stated that staff hopes to bring the overlay project forward mid to
late July for Council consideration.
Mayor Hawkins asked about the timing of the program. Mrs. Gentrup said it is usually in the late
summer to early fall.
Council
Member Robertson asked if the storm drains Mr. O’Dell referred to will be
checked. Mrs. Gentrup said they will be.
VI. MEETING SCHEDULE
Mrs.
Gentrup stated City Hall would be closed Monday, July 5, in observance of Independence
Day and the Council would meet in Study Session on Tuesday, July 6.
A. *REZONE
20 ACRES FROM R-1A, SUBURBAN RESIDENTIAL DISTRICT TO R-1C, STANDARD
SINGLE-FAMILY RESIDENTIAL DISTRICT AND PRELIMINARY DEVELOPMENT PLAN FOR
CREEKWOOD SUBDIVISION, NORTH OF SOUTH COUNTRY CLUB SUBDIVISION AND WEST OF
SOUTHVIEW DRIVE [P&Z CASE NO. 04-2024R&PDP] – ORDINANCE (CONTINUED FROM
MAY 24, 2004 REGULAR SESSION)
Planner JacLyn Carlson reviewed the rezoning and
preliminary development plan application for approximately 20 acres from R-1A,
Suburban Residential District to R-1C, Standard Single-Family Residential
District pertaining to Creekwood Subdivision.
She stated there would be 69 lots on the property that
is currently open space with R-1A zoning.
Ms. Carlson stated the property is surrounded by open space, R-1A and
C-2 zoning to the north, M-291 and open space; CP-0, and C-1 zoning to the
east, single-family residential to the south and open space and R-1A zoning to
the west.
Ms. Carlson stated that the applicant provided a
preliminary storm water management plan that shows storm water from the
development would drain toward Cates Creek.
She stated this preliminary analysis indicates the impact of the
proposed development would be negligible.
Ms. Carlson noted that a more complete storm water analysis would be
required with the final plat application.
She stated a conservation easement would be placed over Cates Creek to
maintain the natural drainage flow through the development and to ensure no
construction would occur in close proximity to the creek.
Ms. Carlson stated that Tracts A & B, located
within the loop lanes, would serve as functioning open space, but would not
become part of the public park system.
She noted this land would be credited against the development’s public open
space/parkland requirements, however, and a fee in lieu of parkland would still
be required.
Ms. Carlson reviewed the streets within the
development, for which there would be two variations from conventional city
street widths. She stated that Creekwood Drive would be a 32-ft. wide street instead of the standard
36-ft. wide collector street. Fawn Lane
is proposed as a 26-ft. wide street instead of the standard 28-ft. wide local
street and Doe
Drive, a 28-ft.
wide local street would provide a direct connection to any development to the
north. These variations would serve to
calm traffic and increase the planting area between the curb and sidewalk. Vehicle
flow would not be negatively affected by the narrow street widths.
Ms. Carlson stated that the City had received comments
from MoDOT. She said the State had no
objections to the location of Creekwood Drive but they will be limiting the number of approaches
off Southview
Drive to
four. She stated that, for access, there
will be shared drives for four lots and two lots will have access off Creekwood Drive instead of Southview Drive.
Ms. Carlson stated that the application conformed to
the adequate public facilities ordinance by having direct access to Southview Drive. Additionally,
existing mains along Southview Drive will be extended for water and sanitary sewer services.
Storm water will be directed towards Cates Creek in accordance with the City’s
Storm Water Management Plan.
Ms. Carlson stated the City’s Future Land Use Plan
designates this property as traditional neighborhood residential which is
envisoned to develop as a more connected and walkable area with homes designed
to create a more pedestrian-friendly streetscape. She stated that the development would contain
smaller lots mixed with larger lots with areas ranging from 6,600 square feet
to 25,623 square feet, widths ranging from 55 feet to 148 feet and depths ranging
from 95 feet to 249 feet. She stated
four variances are included in this preliminary development plan: minimum lot area per family shall be 6,600 square
feet; minimum lot width shall be 55 feet; minimum lot depth shall be 95 feet;
and minimum dwelling front yard setback shall be 20 feet, the maximum dwelling
front yard setback shall be 30 feet and the minimum garage setback shall be 34
feet.
Ms. Carlson stated that the Planning & Zoning
Commission recommended approval with the variances as stated.
Council Member Martin asked if there had been any
discussion with the State regarding access onto 291 Hwy. Ms. Carlson stated that MoDOT had not said
any changes to the current access would be required with this development.
Council Member Hester asked if any lots will exceed
the minimum allowed. Ms. Carlson said
there would be a mix of large and small homes on the lots.
Council Member Robertson asked if the entrance to
Claywoods off 291 Hwy. had been considered in the MoDOT comments. He recommended a traffic study be done there,
even if it is not done with this application.
Ms. Carlson said MoDOT said the development was acceptable as proposed
and the Claywoods connection to 291 Hwy. was not identified in MoDOT’s
comments.
Mr. Robertson said that storm water was mentioned by
every member of the Planning & Zoning Commission and even on the small
lots, 30% of the property would be covered by impervious material. He said he had received many complaints about
how a development would affect the properties downstream. He said a statement that “the impact of this
development on storm water would be negligible” probably would not satisfy
those concerns.
Council Member Parker said he saw a need for a traffic
study that would address Claywoods Drive at 291 Hwy. He
said with the trash trucks coming onto 291 Hwy. and the Claywoods traffic, he
agreed with Council Member Robertson’s comments. Mr. Parker asked about the road that was to
connect at the Odd Fellows Home. Public
Works Director Steve Hansen stated that a road has been discussed at that
location for some time.
Mayor Hawkins stated that at the May 24, 2004 Council regular session he had opened and continued
the public hearing to this evening. He
asked if anyone 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.
Document No. 6223 was read. Council Member Hadden moved to waive the
rules and consider the ordinance on first reading. Council Member Martin seconded the motion,
which failed due to lack of a unanimous vote.
Mayor Hawkins stated the ordinance would go to second reading at the July
12, 2004 regular session.
A. ACKNOWLEDGEMENT
OF VENDOR PAYMENTS FROM JUNE 11, 2004 THROUGH JUNE 25, 2004 – ORDINANCE
Document No. 6224 was read. Council Member Martin moved to approve the
ordinance. Council Member Robertson
seconded the motion.
Council Member Hadden asked what period was covered by
check no. 83812 for prisoner housing.
Police Chief Craig Knouse stated that is was for one month’s
expenses. Mrs. Gentrup stated a full
analysis would be brought to Council soon, as this program had been in place
for almost six months.
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 Coe – yes; Council Member Brenton – yes;
Council Member Robertson – yes. The
motion carried unanimously; it was approved by the Chair and inscribed in
Ordinance No. 8687.
B. LIBERTY TRIANGLE
Mrs.
Gentrup stated that staff as well as Mark Bunnell and Nick Ventola with Integra
Realty Resources were available to answer any additional questions Council
might have.
1. REDEVELOPMENT
AGREEMENT WITH LTD ENTERPRISES, LLC FOR REDEVELOPMENT OF REMAINDER OF LIBERTY TRIANGLE – ORDINANCE (SECOND READING)
Document No. 6217 was read. Council Member Robertson moved to approve the
ordinance. Council Member Martin
seconded the motion. Council Member
Hester asked if the details had been worked out since the first reading of the
ordinance. Mr. Hansen said they
had. The motion carried unanimously; it
was approved by the Chair and is inscribed in Ordinance No. 8688.
2. AUTHORIZATION
TO INSTITUTE CONDEMNATION PROCEEDINGS TO ACQUIRE PROPERTY LOCATED WITHIN THE LIBERTY TRIANGLE – ORDINANCE (SECOND READING)
Document No. 6218 was read. Council Member Brenton 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. 8689.
C. AMEND
SECTION 3-15, “ALCOHOLIC BEVERAGES, INTOXICATING LIQUOR FEES” OF THE LIBERTY CITY CODE – ORDINANCE
Document No. 6225 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 Hadden moved to approve the
ordinance. Council Member Hester
seconded the motion, which carried unanimously.
It was approved by the Chair and is inscribed in Ordinance No. 8690.
D. FINAL
CONTRACT AMENDMENT WITH RIGHT OF WAY ASSOCIATES IN THE AMOUNT OF $8,748.30 FOR APPRAISAL,
NEGOTIATION AND ACQUISITION SERVICES PERTAINING TO SOUTH LIBERTY PARKWAY, PHASE I PROJECT – ORDINANCE
Mrs. Gentrup stated that staff recommends approval of
this contract amendment as all the right-of-way necessary for the South Liberty
Parkway Phase I has been purchased. She
stated a ground-breaking is scheduled for July 14, 2004 at 9:00 a.m. and details will soon be provided to Council.
Document No. 6226 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 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. 8691.
E. AUTHORIZATION
TO PARTICIPATE IN THE ENERGY LEVERAGED LOAN PROGRAM OF THE MISSOURI DEPARTMENT
OF NATURAL RESOURCES TO FINANCE THE INSTALLATION OF ENERGY CONSERVATION
MEASURES AT CITY HALL – ORDINANCE
Mr. Hansen stated that an energy management system had
been installed in City Hall, but it was no longer working or manufactured. He stated that, as other systems were
considered to replace it, recommendations had been made for additional changes. He stated that staff had contacted the
Missouri Department of Natural Resources (MDNR) about its loan program. Mr. Hansen stated that energy savings are
projected on an annual basis and used to repay the loan. He stated that the total cost for the
improvements would be under $69,000. The
City applied for and was approved by MDNR for participation in the loan
program. He stated that it is estimated
$6,800 a year in savings would be generated and those savings would be used to
repay the loan. Mr. Hansen stated the
interest rate is 3.45% over a thirteen year period.
He stated that this was preferable to reallocating
funds from other projects and paying the costs up front. This loan program allows the City to install
energy efficient changes and, after the loan is repaid, the City accrues the
energy savings from then on.
Council Member Brenton asked about whether the City
would bear the expense of an annual energy audit to determine the savings. Mr. Hansen stated that staff currently has
the price estimates only, but expect the figures to be close. He said the staff will review the bills and
report the numbers to MDNR. Mr. Hansen
stated there may be occasions when savings are not what was projected, but they
will be monitored annually by the City and MDNR.
Mr. Brenton asked if modifications made to the
building could prompt adjustments. Mr.
Hansen stated the City would work with MDNR to repay the loan and if major
changes were made, they would not likely use this program to fund them.
Mayor Hawkins asked if approval of this ordinance
binds the City to this project through annual appropriations. Mr. Hansen said there would be no commitment
until the project commenced and was contracted out. Mrs. Gentrup said the contract for the project
would come before Council for consideration.
Council Member Brenton clarified the loan would be retired from the
revenue stream of energy savings. Mayor
Hawkins noted that would mean if the energy bills are lower, due to a reduction
in rates, it might mean paying more.
Document No. 6227 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 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. 8692.
A.
SOFTWARE
MAINTENANCE
1. PURCHASE
OF MAINTENANCE FOR LOTUS NOTES FROM MTC IN THE AMOUNT OF $10,018.85 – MOTION
Council Member Martin moved to approve the purchase. Council Member Hester seconded the
motion. Council Member Brenton asked if
the audit staff was going to look at technology maintenance costs. Mrs. Gentrup stated she was not aware that
had been requested in the scope of services.
Mr. Brenton asked if these were one year agreements. Mrs. Gentrup said they were. Mayor Hawkins stated if there are concerns,
the auditors could be asked to review the maintenance agreements. Mr. Brenton said it was not a formal request
but thought the auditors had identified this as an area of expertise. Council Member Robertson said he too recalled
this being included in the interview of auditors.
Mrs. Gentrup stated that this could be discussed at
the upcoming study session when the audit would be reviewed.
The motion carried unanimously.
2. PURCHASE
OF MAINTENANCE FOR ACS FROM AFFILIATED COMPUTER SERVICES IN THE AMOUNT OF
$18,059.01 – MOTION
Council Member Martin moved to approve the
purchase. Council Member Hadden seconded
the motion. Council Member Brenton asked
if there was any sense of urgency for this agreement. Finance Director Linda Tyree stated that
these are standard agreements for software maintenance. Mr. Brenton stated he didn’t want the City to
be boxed in if other software was going to be considered in the near
future. Mrs. Gentrup said there are no
current plans to change the accounting software. The motion carried unanimously.
B.
PARTNERSHIP
FOR COMMUNITY GROWTH PRESENTATION
Tony Sarver, Chairman of the Liberty Area Chamber of
Commerce, introduced Jerry Hinson, Melinda Mehaffy, and Russ Weathers attending
the meeting with him to provide information about the Partnership for Community
Growth. He stated he was requesting the
City’s endorsement of the concept and to show how the City could invest. Mr. Sarver provided some history of the
project, including the perceived need to have a meeting place for dinners,
banquets and the like. He stated there
is no place in Liberty that can accommodate more than 50 people. The Chamber ends up at a casino or Kansas City hotel. Mr.
Sarver stated the Chamber had engaged National Community Development Services
and Jerry Hinson to research these needs and a decision was made in January to
engage NCDS for a capital campaign for bricks and mortar for a convention center. He stated that a refinement group had been
established soon thereafter out of which three task forces had developed: one for economic development; one for site
selection and one to study feasibility and business development for such a
facility. He stated that, without any
formal announcement, the Chamber had already been approached by a school
outside Clay County that wants to hold its prom at a new center every
other year.
Mr. Sarver stated that Strategic Alliance Group has
been engaged to look at uses for such a facility. In addition to a meeting place, the new site
would be used as the Chamber office. Mr.
Sarver stated that 66 interviews had been conducted with members of the
business community about things that aren’t being done and ways to improve what
is being done. He said in meetings with
a dozen existing businesses, all were in a mode to expand, with the possibility
of bringing 62 new jobs, 70,000 sq. ft. of additional space and a new motel. He said this is an opportunity if they can be
helped.
Mr. Sarver commented that 80% of new growth comes from
existing business and there is a need to help with that development. He stated that new businesses seldom come to
the City first, choosing rather to scout the location before announcing their
intentions. He said that the local
growth expansion task force could run interference as a separate entity. He said this group would be separate and
apart from the Chamber as well. The
Partnership for Community Growth would be funded by investors.
Russ Weathers stated he was participating as a
volunteer with this effort and reviewed the status of planning and approach
being taken for the project. He stated
that his co-chair is Pam Bernicke with Gold Bank. He stated that the key issue is economic development
with the City playing a significant role and the Chamber playing a role as
well. He stated there is currently no
synergy and the task force considered strategies to move forward. He stated that Mayor Hawkins, CCEDC Director
Jim Hampton and he had looked at what other communities are doing and what
model is out there. He stated that a 501
(c)(6) organization, which is a public and private partnership, is used by many
communities.
He said the board would be made up of investors and
under the umbrella of the governing corporation, a 501(c)(3) could be added for
contributory bases. He said the person
hired to address economic development would also manage the center, once it is
built. The Chamber would lease space, he
said. Mr. Weathers noted this would be
an independent autonomous relationship, but would have some advantages over
working through a governmental entity as the Sunshine Law would not apply. He referred to Point 7 in the report
regarding growth management and indicated that a rough draft of the proposal
had been provided to Mayor Hawkins. He
asked the Council to consider it and stated that work has started to create and
hire an economic development position in the Liberty community. He
stated that the majority of growth is from existing businesses and they are
looking at how that can be supported.
Mr. Weathers stated that the group had visited Lenexa which uses a similar model, coordinated directly
through the Chamber. Mr. Weathers asked
the City to come forward with support of the concept. He noted that since the announcement of the
capital campaign on June 1, over 200 individuals and businesses have been
contacted and economic development is a high priority.
Mr. Sarver stated that he served 18 of the 25 years
the CCEDC has been in existence on its board, serving briefly as interim
executive director. Jim Hampton has
indicated there are 45,000 businesses in Clay County. There is no way he can get around to that
many and welcomes working with others.
Mr. Sarver stated he has offered an overview of the
project, requested Council endorsement of the concept and reviewed the
structure of fees for services agreement which has been given to the City to
help fund the bricks and mortar. He said
they have been on several parallel tracks and together can apply their efforts
to economic development. He stated he is
excited about the response from the business community and believes the Chamber
and City can do something together better than working separately.
Mayor Hawkins thanked them for their
presentation. He stated he had received
the rough draft of the proposed agreement and it needs some massaging. He stated that it could be discussed in a
study session at which time the Council could also address the requested
endorsement.
XI.
MISCELLANEOUS
MATTERS FROM CITY ADMINISTRATOR – None.
XII.
MISCELLANEOUS
MATTERS FROM MAYOR AND CITY COUNCIL
Council
Member Martin referred to a recent article in the Missouri Municipal Review
regarding the approach used by Wentzville in consultant selection. Mrs. Gentrup stated that Liberty uses a similar process and will be bringing forward
changes to the City’s purchasing policy soon.
She said contracting of professional services could be included in that
discussion.
Council
Member Robertson asked that the spelling of his name be corrected on the
recently distributed phone contact cards.
XIII. ADJOURNMENT
The
meeting adjourned to study session at 8:20 p.m.
__________________________________
Mayor
Attest:
_____________________________________
Deputy
City Clerk