CITY COUNCIL MEETING

MINUTES

MONDAY, SEPTEMBER 8, 2003

 

 

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 September 8, 2003 with Mayor Stephen P. Hawkins presiding.  Mayor Hawkins called the meeting to order at 7:05 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; LeRoy Coe and Anna Marie Martin, Ward II; 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/Development Services Director; Steve Anderson, Planning & Development Manager; Dale Gilbreath, Building Inspector; Dennis Dovel, Sports Complex Manager; Linda Tyree, Finance Director; Kathy Goode, Assistant Finance Director; Craig Knouse, Police Chief; Gary Birch, Fire Chief; Myron Schmitt, Fire Division Chief; Sara Ott, Assistant to the City Administrator – Human Resources; Donna Kay Taylor, Community Center Manager; Lyndsay Heal, Management Assistant; Jane Sharon, Deputy City Clerk; Angie Borgedalen, Liberty Tribune; Joe Cook, Liberty Sun News; and 11 members of the public.

 

IV.       APPROVE MINUTES AND SUMMARIES

 

A.                 REGULAR SESSION MINUTES OF AUGUST 25, 2003

 

Council Member Martin moved to approve the minutes as distributed.  Council Member Robertson seconded the motion, which carried 5-0-2.  Council Members Collins and Hadden abstained due to absence.

 

B.                 EXECUTIVE SESSION MINUTES OF AUGUST 25, 2003

 

Council Member Hester moved to approve the minutes as distributed.  Council Member Parker seconded the motion, which carried 5-0-2.  Council Members Collins and Hadden abstained due to absence.

 

V.        CITIZENS’ PARTICIPATION

 

Mayor Hawkins recognized Joe Norton, with Troop 214, who is working on his Communication badge.  The mayor noted the scout’s father, James, was also present.

 

Pete Hall said he had been asked by the Clay County Commission to address the Council, describing the need for a $0.05 levy for Clay County senior services that will be on the ballot in November.  He stated that, if approved by the voters, the revenues would be used to provide senior services and link to the services that already exist in the county.  Mr. Hall noted there are some 32 agencies in the county providing senior services but poor communication between them.  Dollars provided through this tax

would offer an opportunity to bring these services together at one contact point.  He said a 7-member commission would be formed to oversee the distribution of funds and identify additional services to help seniors stay in their homes.  Mr. Hall stated that a survey had been conducted by the University of Missouri Extension Center noting the different services that exist.

 

He asked the Council to consider a resolution of support for the measure.

 

Mayor Hawkins asked if any other issues would be on the November ballot.  Mr. Hall said Kansas City might have something but there was nothing else identified at this time.  He said the cost had been estimated at less than $11.00 per household.  Council Member Martin asked if caregivers would be provided at a nominal fee.  Mr. Hall stated that the appointed board would set policies with recommendations from the county commission.  Mrs. Martin asked if some services would be offered that are not provided now.  Mr. Hall said some services would be better coordinated.

 

Council Member Hadden asked if they had canvassed to see what services exist now and for what areas.  Mr. Hall said they had.  Mrs. Hadden noted that Liberty Access provides transportation within the Liberty city limits.  She asked if Liberty still had a repair service through the housing authority.  Mrs. Gentrup said that program was no longer in place.  Mrs. Hadden said she agrees that expanding existing services is a good approach.  Council Member Collins asked if the revenues would go 100% to senior services.  Mr. Hall said they would and there might not even be administrative costs.  Mr. Collins asked who Mr. Hall is representing.  Mr. Hall said he lives in Gladstone and is with a citizen group that is interested in seeing this established in Clay County.

 

Mayor Hawkins asked for a sample resolution and thanked Mr. Hall for his comments.

 

VI.       MEETING SCHEDULE

 

Mrs. Gentrup noted there is no meeting on September 29 as it is the fifth Monday of the month.

 

VII.      CONSENT AGENDA

 

A.        AUTHORIZE EXECUTIVE SESSION TO BE HELD SEPTEMBER 8, 2003 IN THE COUNCIL CONFERENCE ROOM IMMEDIATELY FOLLOWING THE REGULAR SESSION TO DISCUSS POTENTIAL LITIGATION MATTERS, AS AUTHORIZED BY 610.021(1) RSMo – MOTION

 

Council Member Hester moved to approve the executive session.  Council Member Robertson seconded the motion, which carried unanimously.

 

VIII.     PUBLIC HEARINGS – None.

 

IX.       ORDINANCES, CONTRACTS AND RESOLUTIONS

 

A.                 ACKNOWLEDGEMENT OF VENDOR PAYMENTS FROM AUGUST 22, 2003 THROUGH SEPTEMBER 5, 2003 – ORDINANCE

 

Document No. 6103 was read.  Council Member Robertson moved to approve the ordinance.  Council Member Coe seconded the motion.

 

Council Member Hadden noted that payment to her and Council Member Parker in the amount of $124 was not for meals, as described on the checks, but for mileage.  She stated the two had attended a committee meeting in Jefferson City.

 

Council Member Collins asked about check no. 77839 for boots.  He asked if police officers are reimbursed for boots.  Mrs. Gentrup said each officer is reimbursed for one pair of boots annually.

 

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 Robertson – yes.  The motion carried unanimously; it was approved by the Chair and inscribed in Ordinance No. 8568.

 

B.                 ADOPTION OF BUILDING AND FIRE CODES

 

Council Member Hester asked about the mention of “natural person” in the craftsman license section.  Mayor Hawkins said it distinguished corporations from persons.  Deputy City Clerk Jane Sharon stated that corporations or business entities were not eligible to obtain a craftsman license; an individual in the company had to be designated.

 

1.         AMENDMENT TO CHAPTER 6, “BUILDINGS” OF THE LIBERTY CODE OF ORDINANCES, ADOPTING NEW BUILDING CODES – ORDINANCE

 

Document No. 6104 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 Hester seconded the motion, which carried unanimously.  It was approved by the Chair and is inscribed in Ordinance No. 8569.

 

2.         AMENDMENT TO CHAPTER 14, “FIRE PROTECTION” OF THE LIBERTY CODE OF ORDINANCES, ADOPTING NEW FIRE CODES – ORDINANCE

 

Document No. 6105 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 Coe 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. 8570.

 

C.                 *TIF REDEVELOPMENT AGREEMENT WITH LOWE’S HOME CENTERS FOR LIBERTY TRIANGLE DEVELOPMENT – ORDINANCE

 

Public Works/Development Services Director Steve Hansen introduced Dan Moylan with Lowe’s Homes Centers, Scott McGee, Ozark Engineering, Nick Ventola and Mark Bunnell, with Integra Realty Resources, Nathan Vanice, Zimmer Companies and Chris Williams, Stinson Morrison Hecker – all of whom have been working on this project for about two years.  Mr. Hansen stated that the process is nearing the point that Lowe’s can begin construction soon, with the approval of this redevelopment agreement.

 

Mr. Hansen reviewed the general terms of the agreement, which include property acquisition.  He stated that Lowe’s would acquire the property associated with the construction of the store along with property fronting 152 Hwy. and Stewart Road.  He said Lowe’s would pay the full costs for this acquisition and be reimbursed by TIF proceeds upon the issuance of bonds.  The net cost to Lowe’s for the store site would be $3.50 per sq. ft.

 

Mr. Hansen stated the northern extension of the roundabout would be a buffer area, retained by the City.  He said it is anticipated that the commuter lot could be relocated to this area.  The remaining tracts would be made available to the City for future development.  Mr. Hansen noted that the property must be conveyed to a developer within two years or the City would either reimburse Lowe’s for its expense in acquisition of the properties or convey the property to Lowe’s.

 

Mr. Hansen stated the remnant properties (north of Stewart) acquired by MoDOT for the I-35/152 Hwy. interchange would be deeded to the City and purchased by Lowe’s.

 

Mr. Hansen stated that Lowe’s would provide up to $250,000 for property acquisition options.  He said these options would then be conveyed to a developer selected to redevelop the remaining areas of the Triangle.

 

As part of the agreement Lowe’s would construct a 161,673 sq. ft. home improvement store, including a garden center.  The company would also make the required improvements to Stewart Road and relocate the sanitary sewer main.  He stated Lowe’s would also work on the stream way for which permits had been issued by the Corps of Engineers and the State Department of Natural Resources.  He stated that Lowe’s would maintain pad sites in the area, but could not develop them for three years without prior consent of the City.

 

Mr. Hansen noted that the existing commuter lot would likely be conveyed to the City for future development as long as it is relocated to the satisfaction of MoDOT.  He reviewed the land use restrictions that are part of the redevelopment agreement, noting that the Triangle redevelopment would generally include retail shopping, financial institutions, restaurants, training or educational facilities, call centers and medical centers.  He stated that retail stores selling product lines found in Lowe’s stores would be allowed, but restricted in size.

 

Mr. Hansen stated the properties adjacent to 152 Hwy. would be limited to financial institutions, drug stores and restaurants, generally, in order to maintain the view corridor.  He stated the area between Conistor and Blue Jay could be redeveloped with up to five pad sites having a maximum of 37,000 sq. ft.  If the existing commuter lot area were to be developed as motel or hotel properties, they would be limited to two hotel/motel sites with a maximum height of three stories.

 

Mr. Hansen stated that taking care of final minor issues prompted staff to recommend the agreement go to second reading.

 

Council Member Martin asked why the pad site was being retained.  Mr. Hansen stated Lowe’s had initially proposed it for a view corridor.  Council Member Coe asked about trucks using Stewart Road, being built to city standards.  Mr. Hansen said that could happen, but Blue Jay is the likely additional access road for trucks.  He said that the subdivision regulations require one access to a fully improved street.  Mr. Coe asked for clarification of the access to the site.  Mr. Hansen said Blue Jay would eventually extend north from Stewart Road to 291 Hwy.  Stewart Road may remain in its current location or be realigned.  Mr. Coe asked about the Millers being required to improve Stewart Road to 291 Hwy.  Mr. Hansen clarified that this improvement would be required for any developer and that Lowe’s primary access would be via Conistor.  Mr. Coe asked about the status of Stewart Road being conveyed to the City.  Mr. Hansen stated that is in progress at this time.

 

Mayor Hawkins asked about the commuter lot in relation to the pad sites.  Mr. Hansen said it would be north of the pad sites and looks now like it would be long and narrow with 81 spaces and exit onto Blue Jay.  He said it would have a paved lot with canopies for bus riders.  Mayor Hawkins asked if it would be used as overflow parking for Lowe’s.  Mr. Hansen said that is not why it is planned.  Council Member Parker asked about signage for the commuter lot.  Mr. Hansen stated that would be included in the enhancements, if someone other than MoDOT maintains it.

Council Member Collins asked where Conistor and Stewart intersect.  Mr. Hansen said they intersect at the roundabout.

 

Council Member Robertson asked if the net cost for this property is $3.50 per sq. ft. would the new development property in the Triangle be at the same price.  Mr. Hansen said that is still under consideration while the proposals from developers are being reviewed.

 

Document No. 6106 was read.  Mayor Hawkins stated the redevelopment agreement would go to second reading on September 22.

 

D.                 ACCEPTANCE OF STREET, STORM, SANITARY AND GRADING CASTEEL ADDITION – RESOLUTION

 

Council Member Coe moved to approve the resolution.  Council Member Martin seconded the motion, which carried unanimously and is inscribed in Resolution No. 2142.

 

E.                  ACCEPTANCE OF SANITARY AND STORM EASEMENTS FROM HUNTINGTON RIDGE LLC – ORDINANCE

 

Document No. 6107 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. 8571.

 

F.                  DISCLAIMER AND ABANDONMENT OF UTILITY EASEMENTS – SOUTH VALLEY PARK FIRST PLAT, LOTS 67, 69, 70, 71 AND 72 – ORDINANCE

 

Document No. 6108 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 Hester moved to approve the ordinance.  Council Member Martin seconded the motion.  Council Member Hadden asked if the development is next to the middle school.  Mr. Hansen stated it is east of the school property.  The motion carried unanimously.  It was approved by the Chair and is inscribed in Ordinance No. 8572.

 

G.                 CONTRACT AMENDMENT IN THE AMOUNT OF $59,547.00 WITH DAVID E. ROSS CONSTRUCTION COMPANY FOR THE WATER TREATMENT PLANT EXPANSION – ORDINANCE

 

Document No. 6109 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 Coe moved to approve the ordinance.  Council Member Martin seconded the motion.  Council Member Hadden asked for clarification of a SCADA system.  Mr. Hansen said it is a remote control system used at the wells.  He said it had been part of the original bid specifications and was not removed when the project was rebid.  He said it would be addressed when new wells are added in the future.  The motion carried unanimously.  It was approved by the Chair and is inscribed in Ordinance No. 8573.

 

H.                 CONTRACT WITH BURNS & MCDONNELL IN AN AMOUNT NOT TO EXCEED $32,623.00 FOR WATER TREATMENT SYSTEM VULNERABILITY ASSESSMENT – ORDINANCE

 

Document No. 6110 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, which carried unanimously.  It was approved by the Chair and is inscribed in Ordinance No. 8574.

 

I.                    MOSS TO FAIRVIEW STORM WATER PROJECT

 

1.         CONTRACT WITH CLAY COUNTY SANITARY & DITCHING IN AN AMOUNT NOT TO EXCEED $108,735.35 FOR THE PROJECT – ORDINANCE

 

Document No. 6111 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 Martin seconded the motion.  Council Member Robertson asked what time frame was anticipated for the project.  Mr. Hansen said he would check and provide the information.  The motion carried unanimously.  It was approved by the Chair and is inscribed in Ordinance No. 8575.

 

2.         ACCEPTANCE OF EASEMENTS FOR PROJECT – ORDINANCE

 

Document No. 6112 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 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. 8576.

 

J.                   CONTRACT FOR COURIER SERVICES WITH PSI ARMORED, INC. IN THE AMOUNT OF $3,600.00 ANNUALLY – ORDINANCE (SECOND READING)

 

Mrs. Gentrup stated that the ordinance had gone to second reading and that staff now has additional information related to the proposed contract.

 

Finance Director Linda Tyree stated that when the city issued RFPs, all the banks responding had indicated the City was responsible for making its own deposits at the bank.  The City had determined that a courier service was not necessary at the time the bank was right next door.  She stated that, when Commerce Bank announced it was closing its branch on the Square, staff had looked at its options, including transfer by finance staff, police staff or courier.  She said that, of eight other communities surveyed, four use a courier service.  Ms. Tyree noted the long-standing recommendation of the auditor to have a police officer accompany finance staff when making deposits.

 

She stated that it was estimated that transporting deposits would take about three hours a week.  Deposits average $114,000.  Ms. Tyree stated that the cost for two police officers to transport deposits would be $456.82 a month.  She noted that, if the two officers were on duty that would take 2 of the 4 police officers on duty out of service.  They would not be available to respond to calls until after turning the deposits over to the bank or, if there was an existing emergency, there might be no officers available to take the deposits to the bank that day.

 

Ms. Tyree stated that four courier firms had responded with a bid and, while Dunbar was the lowest bidder, it had indicated its pickup would not be compatible with the time deposits would be ready.  She said that the agreement with PSI Armored would be for one year with options to renew annually for two years.

 

Council Member Hadden stated that she had served on the committee to review banking services and remembers the factors that prompted the selection of Commerce Bank.  She stated she regretted not being present for the discussion at the last meeting, but seeing the numbers now, she said it makes sense to follow staff recommendations.

 

Document No. 6090 was read.  Council Member Hadden moved to approve the ordinance.  Council Member Martin seconded the motion.  Council Member Martin asked if the deposits were taken to the main bank meant additional interest would be available on the funds that weren’t available when the deposits were walked over to the branch on the Square.  Ms. Tyree said that was correct.  Mrs. Martin said she would vote in favor of the contract because it would not be appropriate to pull police out of service to handle it.  Council Member Coe asked why two officers would be required to make the deposits.  Police Chief Knouse stated that it was standard procedure for one to handle the money and the other to provide security.  Council Member Coe said that seemed practical, but he would not vote for it.  He asked what portion of the deposits was cash.  Ms. Tyree said it was less than 50%, but that only cash is covered by the City’s insurance and then only the amount over the deductible of $25,000.  Mr. Coe asked if the checks could be identified, if necessary.  Ms. Tyree said they could but it would take time.

 

Council Member Robertson asked if new bids had been considered when Commerce Bank notified the City it was closing its branch on the Square.  Ms. Tyree said they had not.  She said that Bank Midwest had not been able to extend all the services requested in the proposal and UMB Bank had higher service fees.  The City has the option of going out for RFPs at any time.  Mr. Robertson asked when that had been done last.  Ms. Tyree said the RFPs came in during October and November of last year.  Mr. Robertson said he was interested in finding the cheapest way to get the money to the bank.

 

Council Member Parker asked if no local banks had expressed interest.  Ms. Tyree said the ones that had could not provide all the services required.

 

The motion carried 6-1-0.  Council Member Coe voted in opposition.  It was approved by the Chair and is inscribed in Ordinance No. 8577.

 

K.                 AMENDMENT TO CONTRACT WITH EASTERN JACKSON COUNTY OFFICIALS ASSOCIATION IN THE AMOUNT OF $5,107.50 – ORDINANCE

 

Document No. 6113 was read.  Council Member Robertson 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. 8578.

 

X.        OTHER BUSINESS

 

A.        COMMUNITY CENTER PURCHASE OF BANQUET TABLES AND CHAIRS FROM MITY LITE IN THE AMOUNT OF $22,361.04 – MOTION

 

Council Member Hadden moved to approve the purchase.  Council Member Hester seconded the motion.  Council Member Robertson asked if bids had been taken.  Community Center Manager Donna Kay Taylor stated that the same vendor was used from which existing equipment had been purchased so it would match.  Mayor Hawkins asked if the tables were the same size.  Ms. Taylor said the size and design match, but the chairs are a different color complementary to the existing.  The motion carried unanimously.

 

B.         COMMUNITY CENTER PURCHASE OF FITNESS EQUIPMENT

 

1.         PURCHASE OF CARDIOVASCULAR EQUIPMENT FROM ADVANCED EXERCISE EQUIPMENT IN THE AMOUNT OF $9,975.00 – MOTION

 

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

 

2.         PURCHASE OF STRENGTH-TRAINING EQUIPMENT FROM ORTHOTECH SPORTS MEDICAL EQUIPMENT IN THE AMOUNT OF $18,140.67 – MOTION

 

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

 

XI.               MISCELLANEOUS MATTERS FROM CITY ADMINISTRATOR

 

Mrs. Gentrup said staff had done a great job on the community center expansion and when the work is finished, a ribbon cutting would be scheduled.

 

Mrs. Gentrup asked if Council wanted staff to present a resolution of support regarding the $0.05 levy for senior services in Clay County.  Mayor Hawkins stated he supported the issue and would vote for it in November but was concerned about the precedent of recommending ballot issues in other jurisdictions.  Council Member Martin asked if Mr. Hall had said others had adopted such a resolution.  Mayor Hawkins said that was correct, but he did not believe it appropriate to do that in Liberty.  Mrs. Gentrup said she would await further Council direction before bringing anything forward.

 

XII.            MISCELLANEOUS MATTERS FROM MAYOR AND CITY COUNCIL

 

Council Member Hadden stated she had been attending the Missouri Municipal League conference in Kansas City and regretted that, with it being held so close to Liberty, more council members hadn’t been able to attend.  She said the board had met and would be bringing in a professional survey team to canvass state legislators about their knowledge of municipal government needing to work unhampered by the state.

 

Council Member Parker asked about streetlights in one specific area that he has to report regularly.  He asked if information could be provided on the maintenance of the lights.

 

Council Member Hester said she had received a call from a citizen expressing concern about the condition of the streetlights on the Square.  Mayor Hawkins said he thought Council had directed staff to proceed in that area.  Mrs. Gentrup said staff would follow up on the plans.

 

XIII.     ADJOURNMENT

 

The meeting adjourned at 8:25 p.m.

 

 

                                                                                   

                                                                                                __________________________________

Mayor

Attest:

 

           

_____________________________________

Deputy City Clerk