CITY COUNCIL MEETING
MINUTES
MONDAY, JULY 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 July 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 Coni
Hadden, 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;
Juarenne Hester, Ward III; and Bill Parker and Jim Robertson, Ward IV. Also in attendance were Cynthia Boecker,
Assistant City Administrator; Steve Hansen, Public Works Director; Mary Towse,
Human Resources Director; Steve Anderson, Planning & Development Director;
Julie Lawless, Preservation Planner; JacLyn Carlson, Planner; Lisa Pool,
Planner; Linda Tyree, Finance Director; Gary Birch, Fire Chief; Mark
Misenhelter, Police Lieutenant; Sara Cooke, Public Relations Coordinator;
Lyndsay Heal, Management Assistant; Jane Sharon, Deputy City Clerk; Angie
Borgedalen, Liberty Tribune, Joe Cook, Liberty Sun News; and five members of
the public.
IV. APPROVE MINUTES AND SUMMARIES
A.
REGULAR SESSION
MINUTES OF JULY 12, 2004
Council Member Hadden moved to approve the minutes as
distributed. Council Member Hester
seconded the motion, which carried 6-0-1.
Council Member Robertson abstained due to absence.
B.
STUDY SESSION
MEETING SUMMARY OF JULY 19, 2004
Council
Member Brenton entered the meeting at this time.
Council Member Martin moved to approve the meeting
summary as distributed. Council Member
Hester seconded the motion, which carried 7-0-1. Council Member Coe abstained due to absence.
C.
STUDY SESSION
MEETING SUMMARY OF JULY 6, 2004
Council Member Martin moved to approve the meeting
summary as distributed. Council Member
Hester seconded the motion, which carried 5-0-3. Council Member Coe, Council Member Parker and
Council Member Robertson abstained due to absence.
V. CITIZENS’ PARTICIPATION – None.
VI. MEETING SCHEDULE
Assistant City Administrator Cynthia Boecker stated that the meeting
August 2 was a joint study session with the Planning & Zoning Commission to
continue discussions of the Unified Development Ordinance. She stated that, as Council had requested
earlier, a memo and draft ordinance were provided to Council this evening, in
advance of the study session.
Ms. Boecker stated there would be no meeting August 9.
A. APPOINTMENTS
Liberty Housing Authority
Appoint
Tom Dunn to a term expiring 07-01-08.
Council Member Robertson moved to approve the
appointment. Council Member Brenton
seconded the motion, which carried unanimously.
VIII. PUBLIC HEARINGS
A. *LIBERTY TRIANGLE
Planner JacLyn Carlson stated that she
would review the rezoning and final plat applications together as they were
related to the same site. Planning &
Development Director Steve Anderson clarified that only the rezoning
application required a public hearing.
Ms. Carlson stated that the applications
were for property northeast of Kansas and Conistor streets.
She stated that it is open space with Lowe’s Home Improvement Center,
which is a planned development to the north; a church, zoned R-1C, standard
single family residential to the east, Clayview Country Club, zoned standard
single family residential to the south and to the west is Clay County Health
Center, which is zoned C-1, neighborhood business district.
Ms. Carlson reviewed adequate public
facilities and stated that the site would have direct access to Conistor Street; sanitary sewer service would be provided by an
existing main along the eastern portion of the property; water service would be
provided by an existing main along Conistor Street and a storm water analysis would be included with the
site plan.
Ms. Carlson stated the purpose of the
application is to prepare the site for redevelopment, with two restaurants
interested in the location, according to the City’s designated developer for
the Triangle. While no plans have been
formally submitted, Ms. Carlson stated that the conceptual development plan
shows the entire Triangle developing in a comprehensive and cohesive manner. She stated the redevelopment agreement calls
for permitted uses to be of high quality and high caliber architectural
standards.
Ms. Carlson stated that the Future Land
Use Plan designates the subject property as commercial, which includes a
variety of commercial and retail uses, thus making the general business
district (C-2) zoning appropriate.
Ms. Carlson stated two of the fourteen key
recommendations in the Future Land Use Plan target the Liberty Triangle. She noted that #6 specifically recommends the
City promoting redevelopment of the Triangle as it presents a tremendous
opportunity for a significant retail center.
Recommendation #14 suggests that, as a gateway to Liberty, the Triangle should be designed in a manner that
creates a sense of arrival. She stated
the conceptual design for this area is consistent with the gateway
designation. Ms. Carlson noted that a
key component of any site plan will be ensuring development is in keeping with
the gateway designation. Ms. Carlson
stated that the Economic Development Plan encourages the City to be proactive
in assisting with the redevelopment of the Triangle and therefore the proposed
rezoning substantially conforms to the Economic Development Plan.
She stated that the Planning & Zoning
Commission recommended approval of the rezoning.
Ms. Carlson then reviewed the second
application, stating that the final plat is a replat of North Havens Estates,
lots 53 and part of lot 54. She stated
that the construction of Conistor Street had divided lot 54, leaving two narrow strips of land
on either side of the street. She noted
that the proposed final plat would reconfigure the lots such that the eastern
portion of lot 54 and all of lot 53 would be combined into one parcel, making
the property more feasible for development.
She stated that the plat conforms to the Zoning Ordinance and
Subdivision Regulations and the Planning & Zoning Commission recommends
approval of the final plat.
Council Member Robertson noted that
discussions in the Planning & Zoning Commission minutes indicate the Clay
County Health Department owns part of lot 54.
Ms. Carlson stated that the parking lot on the tract was added according
to standards in place at the time. Mr.
Robertson asked if the land in this application is owned by Clay County Health
Department. Ms. Carlson said all the
property in this application is owned by the City.
Council Member Brenton asked when it would
be appropriate to consider renaming Stewart Road. Mr. Anderson stated that it would be more
appropriate at the time the northern portion is platted. He stated there is some possibility of Stewart Road being realigned with Forrest. Mr. Brenton said it should be before Stewart Road becomes associated with the location of Lowe’s.
Council Member Parker asked if the bridge
over the creek is associated with this application. Public Works Director Steve Hansen stated it
is not associated with the culvert. He
said that will happen when the lots to the east are developed.
1. REZONE 5.5 ACRES FROM CP-2, PLANNED
GENERAL BUSINESS DISTRICT AND R-1C, STANDARD SINGLE-FAMILY RESIDENTIAL DISTRICT
TO C-2, GENERAL BUSINESS DISTRICT IN THE LIBERTY TRIANGLE, NORTH OF KANSAS
STREET AND EAST OF CONISTOR STREET – [PZ CASE NO. 04-2030R] - ORDINANCE
Mayor Hawkins opened the public hearing
and noted that the City was the applicant. He also mentioned the staff’s comments were in
support of the application. He asked if
anyone else wished to speak in favor of the application. Seeing none, he asked if anyone wished to
speak in opposition to the application.
Seeing none, he closed the public hearing.
Document No. 6231 was read. Council Member Brenton 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 Hester
seconded the motion, which carried unanimously.
It was approved by the Chair and is inscribed in Ordinance No. 8697.
2. FINAL
PLAT FOR THE SHOPPES, LIBERTY TRIANGLE FIRST PLAT, A REPLAT OF NORTH HAVEN
ESTATES IN THE LIBERTY TRIANGLE, NORTH OF KANSAS STREET AND EAST OF CONISTOR
STREET [PZ CASE NO. 04-2031FP] – ORDINANCE
A. ACKNOWLEDGEMENT
OF VENDOR PAYMENTS FROM JULY 9, 2004 THROUGH JULY 23, 2004 – ORDINANCE
Document No. 6233 was read. Council Member Robertson moved to approve the
ordinance. Council Member Hadden
seconded the motion.
Council Member Martin asked about check no. 83590 for
flag football insurance. Ms. Boecker
stated there were a few sports that were not included in the City’s MARCIT
policy. Separate insurance must be
purchased for coverage of participants in this activity, with costs for participants
covered in the premium. Mrs. Martin
asked about check no. 83601 to Idea Creative Group for the water quality report
printing. She asked if the report is
required. Mr. Hansen stated that the
consumer competence report (CCR) is required to be produced annually. Ms. Boecker stated it is distributed to Liberty residents who are billed for water service by the
City.
Council Member Brenton asked about the petty cash
purchase of a passport. Police
Lieutenant Mark Misenhelter stated Liberty had a child abuse case in which the suspect had fled
the country to England. Though the
trip had not yet taken place, Detective Russ Muir was expected to travel to
London
to escort the individual back to Liberty to face charges.
Mr. Brenton asked if the City has any provisions for this kind of
expense. Lt. Misenhelter said this
situation has not come up in his tenure with the City. Mr. Brenton asked if any reimbursement
options were being pursued. Ms. Boecker
stated that would be considered upon disposition of the case through the
courts.
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. 8699.
B. *FINAL
DEVELOPMENT PLAN FOR CREEKWOOD SUBDIVISION, PHASE I, NORTH OF SOUTH COUNTRY
CLUB SUBDIVISION [PZ CASE NO. 04-2028FDP] – ORDINANCE
Planner Lisa Pool stated the final development plan is
for the subdivision north of the South Country Club Subdivision and west of Southview Drive, containing 8.76 acres and 35 lots. She stated that, earlier this month, Council
approved a rezoning of the property to standard single family residential, as
well as a preliminary development plan.
She noted that to create a more traditional neighborhood, two variations
from the conventional street widths are proposed. Creekwood Drive would be a 32-foot wide street rather than the
standard 36-foot wide street. The second
variation is to Fawn
Lane, which
is proposed as a 26-foot wide local street as opposed to the standard 28-foot
wide local street. In addition, Ms. Pool
stated Cates
Court would
be a 22-foot wide loop lane to serve five lots off of Creekwood Drive.
Ms. Pool stated that MoDOT had reviewed and commented
on the application, due to Southview Drive being regulated by the state. She stated that MoDOT had no objections to
the location of Creekwood
Drive, but
had limited approaches onto Southview Drive to four. She
stated that the impact of storm water runoff would be negligible.
Ms. Pool noted that Tract A is located within the loop
lane and would serve as open space, but not become part of the public park
system. She stated that a fee in lieu of
parkland dedication in the amount of $7,920 would be required. Ms. Pool stated the application conforms to
the adequate public facilities ordinance and the Future Land Use Plan. She added that, to allow for housing
diversity throughout the development, lot width, area and depth variances have
been proposed. To create a more
pedestrian-oriented streetscape, the front yard setbacks have been reconfigured
to deemphasize the garage.
Ms. Pool stated that the Planning & Zoning
Commission recommends approval with the following variances:
1. The minimum lot area per family shall be 6,600 square
feet.
2. The minimum lot width shall be 55 feet.
3. The minimum lot depth shall be 95 feet.
4. The 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.
Council Member Brenton asked if there was a
stipulation included that before Phase II could be developed, the road must be
extended over the creek. Mr. Anderson
stated that would be included with Phase II.
Mr. Brenton asked if it is a stated requirement. Mr. Anderson said there had been three phases
initially and that had been reduced to two with the road over the creek in the
second phase. A stipulation had never
been included in the past. Mr. Brenton
asked if a stipulation had been included in the Withersfield development. Mr. Anderson said it had been part of the
development requirements.
Mr. Brenton expressed concern that development would
progress and then the road not be built.
Mr. Anderson said it would have to come to Council for platting and that
is the incentive to get the bridge built.
Mayor Hawkins said with that being part of the development, the second
phase cannot be built without the structure in place at the creek. Mr. Anderson said that was correct. Council Member Robertson asked if building
could commence simultaneously with the bridge or culvert. Mr. Anderson said no building permits would
be issued in the second phase without the structure in place. Mayor Hawkins asked if that was standard
operating procedure. Mr. Anderson said
it is.
Document No. 6234 was read. Council Member Hadden moved to waive the rules
and consider the ordinance on first reading.
Council Member Robertson seconded the motion, which carried unanimously.
Council Member Hester 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. 8700.
C. *CERTIFICATE
OF APPROPRIATENESS FOR NEW CONSTRUCTION OF A DWELLING AT THE LOT
WEST OF 311 WEST
KANSAS ST.,
DOUGHERTY DISTRICT – RESOLUTION
Preservation Planner Julie Lawless stated that this is
an application for new construction of a detached single family dwelling in the
Dougherty Historic District. She stated
it is one parcel but two legal lots. She
noted it meets the area requirements for the Neighborhood Conservation District
and is available for building. Ms.
Lawless stated the structure would be a modern interpretation of a Victorian
cottage with multiple siding details and an oriel window featuring copper
roofing. She stated the modern
interpretation would be in the use of materials and garage placement. She stated the fiber-cement composite is
similar to the product used on a house recently built on Water Street. Staff and the
HDRC have been pleased with the use.
Ms. Lawless stated the slope of the drive will provide
access to the garage. She noted a small
window originally identified in the plans would not be built, in order to
preserve the façade and the peak of the roof.
She stated that houses in the Dougherty district were built in the late
1800s and early 1900s. A similar style
of house to that being proposed is across the street from the site. She said the design is in keeping with the
narrower widths, height and deemphasizing the garage recommended in the Future
Land Use Plan. Ms. Lawless stated that
adding a house through infill would help complete the streetscape. She stated that the Historic District Review
Commission recommended approval of the certificate of appropriateness. Ms. Lawless noted the lot is heavily treed
and the applicant would be encouraged to keep as many trees as possible when
building.
Council Member Hadden asked if there is a separate
drive for this lot. Ms. Lawless said
there is.
Council Member Hester asked if the Council approves
all certificates of appropriateness. Ms.
Lawless stated that following amendment of the historic preservation portion of
the Zoning Ordinance, Council now approves certificates of appropriateness
related to new construction and demolition of primary structures.
Applicant David Kimbrell, 400 N. Water, stated that the
footprint of the site plan to be submitted for the building permit would not be
the same as that proposed with this application.
Council Member Collins moved to approve the
certificate of appropriateness. Council
Member Parker seconded the motion. Council
Member Hadden stated she was pleased to see infill projects in the City. The motion carried unanimously and is
inscribed in Resolution No. 2170.
D. *ADOPTION
OF CITY POLICY PERTAINING TO OPEN MEETINGS AND RECORDS – RESOLUTION
Ms. Boecker stated that legislation changes pertaining
to open meetings and records go into effect August 28, 2004. Deputy City
Clerk Jane Sharon stated these changes in the state’s Sunshine Law require
changes to the City’s policy. She noted
that a written city policy is required by the state.
Ms. Sharon stated that the changes include cities
allowing the recording of open meetings.
While few requests have been made to do this recently, Ms. Sharon noted
that the City has always considered this a part of the open meetings law. She stated that audio recordings of closed
meetings require permission of the public body.
Ms. Sharon stated that while the City has interpreted the Sunshine Law
as including electronic communications, amendments to the state law now
specifically address them. If the sender
of an email plus the recipients of an email results in a quorum, a copy of the
email must be provided to the records custodian. The email then becomes a public record,
unless closed under one of the exceptions allowed by state law.
Ms. Sharon stated that roll call votes now include
only those votes of the members physically present. Votes by phone are not counted in a roll call
vote. She stated that fees associated
with records requests are more specifically defined and restrict the fees that
can be charged for copies and research time.
Ms. Sharon noted that the fines have increased and a
“knowing” added to “purposeful” as a type of violation. She stated that the clerk’s office would
coordinate appropriate staff training and the new City policy would be reviewed with all boards and
commissions.
Council Member Hester asked about the difference
between knowing and purposeful violations.
Ms. Sharon said the amount of the fine distinguishes the two but the
actual difference is not yet clear.
Mayor Hawkins asked about roll call votes and whether
the member on the phone can be included for purposes of establishing a
quorum. Ms. Sharon stated legal counsel
had indicated that those on the phone can be included for purposes of a quorum,
but not if the vote is a roll call vote.
Ms. Boecker stated that legal counsel would be consulted at the
time. Ms. Sharon stated the state law
does allow phone votes to be counted in circumstances where an emergency
meeting is necessary and members of the public body cannot all assemble in one
location.
Council Member Martin moved to approve the
resolution. Council Member Hadden
seconded the motion, which carried unanimously and is inscribed in Resolution
No. 2171.
E. MOSS
TO FAIRVIEW STORM DRAINAGE PROJECT
1. FINAL
CONTRACT AMENDMENT WITH CLAY COUNTY SANITARY & DITCHING IN THE AMOUNT OF $18,845.25 –
ORDINANCE
Council Member Robertson asked what was
included in the first change order. Mr.
Hansen stated it was for extension of the project. He stated this change order is for additional
work and modification of an inlet and fences.
Document No. 6235 was read. Council Member Martin moved to waive the
rules and consider the ordinance on first reading. Council Member Robertson seconded the motion,
which carried unanimously.
Council Member Hester 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. 8701.
2. ACCEPTANCE
OF PROJECT – RESOLUTION
Council Member Coe moved to accept the
project. Council Member Hadden seconded
the motion, which carried unanimously and is inscribed in Resolution No. 2172.
F. ACCEPTANCE
OF STREET, STORM, SANITARY SEWER, GRADING AND WATER FOR CHURCH ROAD BUSINESS PARK – RESOLUTION
Council Member Martin moved to accept the
project. Council Member Robertson
seconded the motion, which carried unanimously and is inscribed in Resolution
No. 2173.
G. ACCEPTANCE
OF STREET, STORM, SANITARY SEWER, GRADING AND WATER FOR LIBERTY PARK NORTH PLAT – RESOLUTION
Council Member Coe moved to accept the
project. Council Member Martin seconded
the motion, which carried unanimously and is inscribed in Resolution No. 2174.
H. CONTRACT
WITH HNTB CORPORATION IN AN AMOUNT NOT TO EXCEED $30,000 FOR ENGINEERING
SERVICES PERTAINING TO THE GATEWAY PROJECT ON 152 HWY./KANSAS AVE. NEAR THE
I-35 ON/OFF RAMPS – ORDINANCE
Ms. Boecker stated the 2004 Capital Improvements Plan
includes a recommendation to conduct the design work for this project. Council Member Hester asked if private funds
had been mentioned as a way of supplementing the cost. Mr. Hansen said he did not recall that. Mrs. Hester asked when the project might
start. Mr. Hansen said it would not
begin until the first of next year, after the weather allows construction.
Council Member Martin asked where the median is
located. Mr. Hansen said it begins at
the ramps on the east side of the bridge over I-35 and goes east to the west
side of Conistor
Street on Kansas. He said at
the turn lane north onto Conistor, the median has paving bricks and a grass
area. He said it contains no features
that identify it as the entrance to Liberty. Mrs. Martin
asked who would be responsible for maintenance.
Mr. Hansen said the City would maintain the area, but the idea is to
incorporate low maintenance plantings.
Council Member Hadden asked if the businesses would take care of the
banks along the gateway. Mr. Anderson
stated that has been discussed and there was some level of planting in the 1990s
but no formal agreement. Mr. Hansen said
the north side of the street would be maintained by businesses but maintenance
on the south side had not been confirmed.
Document No. 6236 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. 8702.
Ms. Boecker stated that a design charrette is
scheduled and includes staff, Council Member Hadden, a member of the Planning
& Zoning Commission and someone from historic preservation.
I. CONTRACT
WITH THE WALDINGER CORPORATION FOR INSTALLATION OF AN ENERGY MANAGEMENT SYSTEM
IN AN AMOUNT NOT TO EXCEED $68,772 – ORDINANCE
Ms. Boecker stated that the Council had approved use
of an energy use loan from the state to upgrade the management system at City
Hall. This contract is to purchase the
equipment necessary for that project.
Council Member Collins asked how the savings could be determined. Mr. Hansen stated that they would be based on
the equipment put in place and the experience of the contractors and Missouri
Department of Natural Resources expert.
Mayor Hawkins asked if the figures were based on
current energy prices. Mr. Hansen said
they are and controls are being replaced along with the system. He said light fixtures would have more energy
efficient ballasts installed. Council
Member Collins said it appears the loan is to be repaid with energy savings,
but it is not clear how the savings are determined. Mr. Hansen stated that the estimate is based
on calculated savings, which would not be seen in the budget amount until the
loan is repaid. He said the loan is for
13 years. Mayor Hawkins said if the
savings were greater than estimated, the loan might be paid off sooner. Mr. Hansen said that was correct. Mayor Hawkins asked if the plan included both
electric and natural gas. Mr. Hansen
said it does.
Document No. 6237 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 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. 8703.
J. *FLINTLOCK ROAD OVERPASS DESIGN
Mr. Hansen noted the next two items on the agenda are
related to one another. He stated that
the intergovernmental cooperative agreement included the Kansas City Tax
Increment Financing (TIF) Commission and the Liberty School
District
along with the City of Liberty. He stated
that the Congressional omnibus bill passed recently included $1 million for
design of the Flintlock
Road
overpass, which was estimated to cost $1.6 million. He stated the remainder of that cost was to
be shared by the TIF commission, school district and the City. Mr. Hansen stated the Council had authorized
$133,000 for the City’s portion based on two stipulations – MoDOT would agree
the $1 million only had to be returned if the design (not the construction) was
not completed; and the Kansas City TIF Commission and Liberty School
District
would agree to pay the remainder of the design costs. Mr. Hansen said they had been successful in
getting the stipulation changed in the MoDOT agreement to reflect design work
only. He said they continued to work on
getting the commitment of other funds.
Mr. Hansen stated that the agreement negotiated with
the TIF commission and school district limits the City’s contribution of funds
to $133,000 already allocated with the additional $67,000 made up with in-kind
staff work, anticipated to span several years.
He stated the remainder of the money would come from the Kansas City TIF
Commission and Liberty School
District. The TIF commission has agreed to reimburse
the City for expenditures it certifies.
Both the TIF commission and school district have agreed to pay any
additional costs exceeding the $1.6 million.
He said the critical element is that this funding will pay for costs
associated with the design. As no funds
have yet to be appropriated for construction of the project, that issue is
considered as separate.
Mr. Hansen stated the second funding agreement is with
the Missouri Highway Transportation Commission.
He stated that MoDOT had initially agreed to provide the 20% local match
required in order for the $1 million to be used for the project design. At some point, MoDOT reversed its commitment
and offered to provide a “soft match” instead.
As a result of this change, MoDOT indicated it could no longer
administer the project as originally planned.
He said the City will now serve as the lead agency and administer the
project.
Mr. Hansen stated that the $1 million in funding must
be used for the first phase of design and a contract for design services
executed by September 30 or the $1 million would be lost. He said the funds would be available to the
City through a reimbursement process with periodic payments documented and
funds provided by the state within 30 days.
If the design is not in compliance, he said, the $1 million would have
to be returned to the state. He stated
that time is of the essence in order to get the RFQ out, have a committee
review responses and negotiate a contract prior to September 30. He said a process that is estimated to take
four months must now be accomplished in two.
Council Member Martin asked why MoDOT backed out of
the agreement to provide the local match.
Mr. Hansen said no specific reason was given. Mrs. Martin asked if this had occurred in the
past. Mr. Hansen said it had not
happened with Liberty. Mrs. Martin
asked if the state would be monitoring the project to confirm compliance. Mr. Hansen said a team, made up of all
parties, would monitor the project, although there would be more City
involvement for the first phase, because the contract would be coming to
Council. Mrs. Martin asked how long the
design would be available. Mr. Hansen
said it would be good for a number of years but may be subject to permit
reviews if the alignment is through potential wetlands or the standards are updated. He said the preliminary design would take at
least three years to complete.
Council Member Brenton left the meeting at this time.
Council Member Martin asked about the timeframe for
the project. Mr. Hansen said there is no
funding identified for construction of this project. He said the Senate and House have very
different views of the total amount of the new transportation bill and a
conference committee has just been set up to look at the issue of funding. He stated the earliest any federal
transportation funding would be approved is early next year and that funding
for the construction of the Flintlock overpass would not be available at the
earliest until 2009. He stated this
project specifically deals with just the design.
Council Member Hester asked if the three years is just
for the design. Mr. Hansen said the
initial design only is anticipated to be completed in that timeframe. Mrs. Hester asked if that is when the TIF
commission and the school district would come up with their share of the
funding. Mr. Hansen said it was. Mrs. Hester asked if the City had any
recourse if they did not provide their portion of the funding. Mr. Hansen said there could be changes to the
makeup of either group that could change the support, but both have publicly
expressed a desire for the project.
Mayor Hawkins clarified that this is not so much an
enforceable contract as a commitment to be honored. He asked if the construction costs would be
identified in 2008 dollars. Mr. Hansen
said they would have a better idea of construction costs in three years after
the initial design is completed and a detailed estimate proposed.
1. INTER-GOVERNMENTAL
COOPERATIVE AGREEMENT – ORDINANCE
Document No. 6238 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. Council Member
Collins said he would refer people to Mr. Hansen with their questions about
this project. The motion carried
unanimously. It was approved by the
Chair and is inscribed in Ordinance No. 8704.
2. MISSOURI HIGHWAYS AND TRANSPORTATION COMMISSION AGREEMENT FOR
THE FLINTLOCK
ROAD
OVERPASS – ORDINANCE
Document No. 6239 was read. Council Member Robertson moved to waive the
rules and consider the ordinance on first reading. Council Member Hadden seconded the motion,
which carried unanimously.
Council Member Martin 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. 8705.
K. AGREEMENT
WITH L – L TOWING FOR CITY TOWING & OTHER ASSOCIATED SERVICES – ORDINANCE
Council Member Martin asked what issue had come up
recently with this tow service. Mr.
Anderson said code enforcement staff continues to work with residents along Gallatin regarding the size of truck that can be parked
there. Lt. Misenhelter said L-L Towing
had asked to be removed from the rotation because it was having difficulty with
response time. Later the company asked
to be added to the rotation again.
Document No. 6240 was read.
Council Member Robertson 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. Council Member Coe
asked if there could be stronger enforcement of the requirement for the tow
companies to clean up after towing. The
motion carried unanimously. It was
approved by the Chair and is inscribed in Ordinance No. 8706.
A. UTILITY
RELOCATION FOR SOUTH
LIBERTY PARKWAY
CONSTRUCTION – MOTION
Council Member Martin moved to approve the relocation
expense. Council Member Hester seconded
the motion, which carried unanimously.
XI.
MISCELLANEOUS
MATTERS FROM CITY ADMINISTRATOR
Ms. Boecker stated that City Administrator Patty
Gentrup would return from the Senior Executive Institute on Friday. In conversations, she reported that the
experience has been very beneficial and again thanked the Council for the
opportunity to attend.
XII.
MISCELLANEOUS
MATTERS FROM MAYOR AND CITY COUNCIL
Council Member Robertson said staff had met with
builders about getting grading inspections and now builders have expressed
concerns about having to remove erosion control. He said the problem appears to be having two
inspections, not one. Mr. Hansen said
staff will look at the issue and see if adjustments can be made.
Council Member Parker said that with all the
roads/bridges funds not coming from Clay County, he is getting calls about the
condition of City streets. He said he
has looked at some of the streets and patches from last year are worn out. He said there are many streets that are
bad. Ms. Boecker stated that funds
received from the road district were less than budgeted in 2003. She stated the staff is looking at alternatives
and will bring this forward for discussion at the August 30 study session. Mr. Parker said if there aren’t enough funds
received from the County, the City should look at ways for the City to step
up. Mayor Hawkins clarified that there
would be an overlay project in 2004, but the project would be smaller. Ms. Boecker said that was correct and this is
one of the issues the CIP Task Force is looking at. Council Member Martin said the overlay
program is a hot topic in the task force and if funds can be found, they will.
Mrs. Martin asked about the status of the property at
317 Gallatin. Mr. Anderson
said a demolition permit had been pulled by the property owner and the
structures were expected to be down in a couple of days.
XIII. ADJOURNMENT
The
meeting adjourned to study session at 8:45 p.m.
__________________________________
Mayor
Attest:
_____________________________________
Deputy City Clerk