CITY COUNCIL MEETING

MINUTES

MONDAY, FEBUARY 28, 2005

 

I.                    CALL TO ORDER

 

A regular meeting of the City Council of the City of Liberty, Missouri was held in the Council Chambers at City Hall on February 28, 2005 with Mayor Stephen P. Hawkins presiding.  Mayor Hawkins called the meeting to order at 7:30 p.m.

 

II.         INVOCATION AND PLEDGE OF ALLEGIANCE

 

The invocation was given by Council Member Anna Marie Martin 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; Steve Anderson, Planning & Development Director; JacLyn Carlson, Planner; Lisa Pool, Planner; Craig Knouse, Police Chief; Gary Birch, Fire Chief; Donna Kay Taylor, Community Center Manager; Kathy Goode, Assistant Finance Director; Mary Towse, Human Resources Director; Sara Cooke, Public Relations Coordinator; Lyndsay Heal, Management Assistant; Jane Sharon, Deputy City Clerk; Angie Borgedalen, Liberty Tribune; Joe Cook, Sun News and 16 members of the public.

 

IV.       APPROVE MINUTES AND SUMMARIES

 

A.                 SPECIAL SESSION MINUTES OF FEBRUARY 14, 2005

 

Council Member Coe moved to approve the minutes as distributed.  Council Member Hadden seconded the motion, which carried 7-0-1.  Council Member Jim Robertson abstained due to absence.

 

B.                 EXECUTIVE SESSION MINUTES OF FEBRUARY 14, 2005

 

Council Member Hadden moved to approve the minutes as distributed.  Council Member Martin seconded the motion, which carried 7-0-1.  Council Member Jim Robertson abstained due to absence.

 

C.                 REGULAR SESSION MINUTES OF FEBRUARY 14, 2005

 

Council Member Martin moved to approve the minutes as distributed.  Council Member Coe seconded the motion, which carried 7-0-1.  Council Member Jim Robertson abstained due to absence.

 

D.                 SPECIAL SESSION MINUTES OF FEBRUARY 22, 2005

 

Council Member Robertson moved to approve the minutes as distributed.  Council Member Martin seconded the motion, which carried 5-0-3.  Council members Ed Collins, Juarenne Hester and Lyndell Brenton abstained due to absence.

 

E.                  EXECUTIVE SESSION MINUTES OF FEBRUARY 22, 2005

 

Council Member Martin moved to approve the minutes as distributed.  Council Member Hester seconded the motion, which carried 6-0-2.  Council members Ed Collins and Lyndell Brenton abstained due to absence.

 

F.                  STUDY SESSION MEETING SUMMARY OF FEBRUARY 22, 2005

 

Council Member Coe moved to approve the minutes as distributed.  Council Member Martin seconded the motion, which carried 7-0-1.  Council Member Ed Collins abstained due to absence.

 

V.        CITIZENS’ PARTICIPATION

 

Bob Burks, 1813 Welleslay Court, read a letter to the Council and Mayor in which he thanked them for their efforts to get a sports complex in Liberty.  He said he had not come forward before because of his position on the Parks Board, but believed that he could not remain silent in light of the negative comments that had been printed in the paper about the Council’s decisions pertaining to the sports complex.

 

Mr. Burks stated that he had become involved several years ago, when coaching his daughter’s softball team.  The fourteen girls on the team had wanted to play together again the next year and he had been told by the Liberty Parks Department staff that would be considered competitive play, which was not then available in Liberty.  He said he had met with a small group of parents who also wanted to form a competitive league and found that there were not enough teams to form the league.  They expanded the group to include girls from other cities but could not find enough ball fields in Liberty to accommodate them.  Mr. Burks said he attended Park Board meetings and complained about the lack of fields for competitive play.  While the City park fields and some time on the high school fields was made available it was still difficult to get the fields needed, forcing the league to use fields all over the metropolitan area.  He said it became a nightmare when trying to make up rainouts.  All the people involved in this effort were volunteers.  They worked on it for four years.

 

Mr. Burks said he enthusiastically involved himself when the Parks & Recreation Director called and asked him to participate on a steering committee exploring the idea of a sports complex.  He said the steering committee went through a process allowing groups and individuals to provide input into planning a new sports complex.  It was determined that the City’s greatest need was to have fields and an organization that would offer competitive leagues.  There were at that time two alternatives for the girls on his daughter’s team – recreational leagues, which did not guarantee placement on the same team each year or travel out of town to stay together.  Neither he nor the parks & recreation staff liked this discrimination, but there were no fields available for competitive play, let alone competitive leagues.

 

Mr. Burks said he participated in the process to get Liberty 2010 passed, which would continue the sales tax and allow for development of a sports complex as well as funding other improvements in the city.  He said he served on the election committee and worked hard to place signs throughout the city.  Volunteers, including coaches, team members and other citizens assisted in that effort because they understood how important the sports complex was to Liberty’s future.

 

Mr. Burks said he had attended a Missouri Parks & Recreation conference last year at which the keynote speaker emphasized that board members are not there for the children of today, but are responsible for setting policy that will look after the children 10 to 15 years from now.  He said that was accomplished when the voters were allowed to say yes or no regarding the sports complex, and they overwhelmingly said yes.  He added that the sports complex was the central theme and primary project voters associated with the 2010 Capital Improvements vote.  Mr. Burks said, because of that vote, fields and the organization are in place for teams that want to stay together and play more competitively to improve their skills.

 

Mr. Burks thanked the Mayor and City Council for keeping their promise to the voters, even though everyone was surprised by the actual cost of building the complex that was so desperately needed.  He said he could appreciate how difficult that decision had been.  He said it is clear, with the benefit of hindsight, to see what happened after the decision to build the complex was approved, even at the much higher cost than estimated.  He said the decision to build the complex was made during a very prosperous period in history, noting that builders were able to charge much higher prices because they were so busy they were turning down less profitable business.  At that time, he said, it probably appeared the economy was strong enough that the sales tax revenues would continue to grow and help offset the additional cost of the sports complex.  Neither a recession nor the September 11 tragedy and the impact they had on the economy were foreseen.  He said he remembers commenting to his wife about the empty restaurant parking lots and how many businesses, school districts and cities were going to be negatively affected by this dramatic down-turn in the economy.

 

Mr. Burks said this is the third year of operation for the sports complex and it is doing better than the community center did in its first years.  The sports complex covers its expenses with approximately 75% coming from user fees and 25% coming from tax investment.  The community center started out at 50% user fees and 50% tax investment.  And, he said, with the return of national tournaments and a full schedule of team play this year, the sports complex continues to get better.

 

Mr. Burks said he was present at this meeting to say thank you and tell the mayor and council how grateful he and many others are that they made the decisions and proceeded with the sports complex.  He said the City Council kept its promise to the voters and gave them the main project their vote supported.

 

Mr. Burks said the city’s growth means increased demand for parks and playing fields.  He said when he began begging for fields in 1994, the number of participants using fields was about 1,400.  By the end of 2004, that number has grown to 9,100.  He noted that, because of the difficult but correct decision made by Council, the city is able to keep up with these increased demands for playing fields.  He stated that competitive teams now have places to play and staff to run the leagues.  He added that children and young adults of Liberty now have a choice, to play recreational ball or competitive ball.  Mr. Burks said the fourteen girls who stayed together as a team remain best friends and are in college now.  He said he doesn’t regret a thing about the work they went through to keep the team together, but he wouldn’t wish that much work on anyone.

 

Mr. Burks thanked the Council for agreeing to allow the fields to be built where they are so that money was saved on the land cost.  He expressed appreciation for the design of the lakes that hold runoff during rain and utilization of the irrigation system to water the fields, keeping them green and plush.  He said he wonders if the critics of the placement of the sports complex are the same ones who opposed Liberty’s annexation of land on the west side of I-35.

 

Mr. Burks thanked the Council for having the wisdom to cut back on some of the things at the complex and directing the money toward the fields that were desperately needed.  He thanked the Council for trusting the Park Board and staff to continue looking for ways to involve the community, including stocking lakes for fishing and the golf driving range that will be open to the public in mid-March.  He noted a national Pitch, Hit and Run event is scheduled at the complex this summer and there are walking paths and picnic areas.  He said that teams from all over the metropolitan area, state and nation will come to Liberty’s sports complex to compete, allowing opportunities for the city’s youth and bringing in valuable revenues to the local economy.

 

Mr. Burks said he was proud of the prestigious award the complex was given by the Super Series Baseball as the nation’s park of the month in December.

 

Mr. Burks said he knows the mayor and some city council members are not returning for another term and he wanted to thank them for leaving our town and our youth in much better shape than they were before you got here.

 

Mr. Burks said there were others present who wished to show their appreciation for the work this Mayor and City Council had done to bring about the sports complex.  Six citizens in the audience joined Mr. Burks in applauding the Council’s efforts.

 

John Walters, 9005 Stillhouse Road, just outside the city limits, said his daughter and grandson are using the sports complex now and Excelsior Springs is fighting hard for playing fields, but that town has nothing like what is here in Liberty.  He thanked the Mayor and City Council for their efforts.

 

VI.       MEETING SCHEDULE

 

            Mrs. Gentrup stated that March 7 would be a joint study session with the Planning & Zoning Commission to review the alignment of the South Liberty Parkway.  She noted there would be no meeting on March 14 and another study session is scheduled for March 21.

 

VII.      CONSENT AGENDA

 

A.        AMUSEMENT LICENSE FOR CIRCUS AT LIBERTY PERFORMING ARTS THEATRE – MOTION

 

Council Member Hadden moved to approve the amusement license.  Council Member Robertson seconded the motion, which carried unanimously.

 

VIII.     PUBLIC HEARINGS

 

A.        *REZONE 175 ACRES FROM R-1A, SUBURBAN RESIDENTIAL DISTRICT TO R-1C, STANDARD SINGLE FAMILY RESIDENTIAL DISTRICT AND PRELIMINARY DEVELOPMENT PLAN FOR DEVELOPMENT ADJACENT TO THE CEDARS [P&Z Case No. 03-2004R&PDP, Applicant: Joe Duffey]  – ORDINANCE (Continued from the December 20, 2004 regular session and January 24, 2005 regular session at request of applicant)

 

Planner JacLyn Carlson reviewed the application to rezone 175 acres from R-1A, Suburban Residential District to R-1C, Standard Single Family Residential District and for a preliminary development plan in an area surrounding the Cedars of Liberty facility, which is east of Birmingham Road and north of Ruth Ewing Road.  She said approximately 150 acres would be single-family residential, with a density of 2.37 dwelling units per acre.  She stated in January 2005, the Council amended the Future Land Use Map from traditional to conventional residential for this site.

 

Ms. Carlson said this development would include a realignment of Birmingham Road along with improvements to Ruth Ewing Road.  She noted that, with the function of Ruth Ewing Road relative to the South Liberty Parkway being currently unknown, only safety improvements would be required at this time.  This would include making the road a 20-foot wide street with shoulders and ditch drainage systems from the development’s western property line to Southview Drive.  She noted that an interconnected street network would be contained in the development.  The western side of the site will be served by a sewer main extended from south of the White Tail Pond subdivision, with the eastern side served by an existing main extended from the South Country Club Estates neighborhood.

 

Ms. Carlson said a 12-inch water line will be extended along Birmingham Road and Creekwood Drive, which will serve the various water mains extending throughout the development.  These extensions will improve the City’s overall water system by constructing a loop system.  With regard to storm water, Ms. Carlson noted the natural drainage flow that runs through the development would be preserved in private tracts and the preliminary storm water management plan completed by the applicant shows the development’s storm water draining toward these natural areas.  To preserve these areas, conservation easements will also be included in the final development plan.

 

Ms. Carlson stated that the required parkland dedication for this development is 12.45 acres, which is being met through dedication of a 12.55-acre neighborhood park east and south of the Cedars facility.  In this heavily treed area, a walking trail is included.  She added there are several tracts of preserved natural area and eight loop lanes containing functioning open spaces throughout the development.  The combination of these areas totals 13.56 acres of private open green space.

 

Ms. Carlson said the plan includes 12 phases, with the initial phases located on the southern half of the site, near the Cedars of Liberty.  A majority of the major public improvements will be realized in Phase 1, such as the realignment of Birmingham Road, the extension of Holt Drive, Melissa and Lauren streets to the new Birmingham Road, safety improvements to Ruth Ewing Road and the dedication of the 12.55 acre park.

 

Ms. Carlson said that, while current regulations require that access to collector streets be minimized, the Blueprint for Liberty recommends that all lots front a public street.  Thus, lot widths of lots fronting Birmingham Road have been increased to nearly 100 feet.  This will decrease the number of lots along the road as well as the number of drive approaches.  More creative driveway approaches will also be possible with the wider lots, including horseshoe shaped drives, alleviating the number of vehicles backing onto the street.  Corner lots will front Birmingham Road, but will only have access to the intersecting streets.

 

Ms. Carlson stated that the applicant’s master plan includes the 175 acres to be rezoned and approximately 25 acres southeast of the proposal area, which will eventually be developed as a mix of multi-family residences and commercial development.

 

Ms. Carlson said the Blueprint calls for new developments to be designed with an emphasis on connectivity; this has been accomplished with looped lanes and a grid-type street network and storm water is addressed with the preservation of the natural areas.  Ms. Carlson said the Planning & Zoning Commission recommends approval of the rezoning and preliminary development plan.

 

Council Member Collins asked about the northern most street outside the development where Birmingham Road connects.  Ms. Carlson said that would be Lauren Street.

 

Council Member Martin asked if the functional open space is in the center of the looped lanes.  Ms. Carlson said that is correct and would be maintained by the homeowners’ association.  Mrs. Martin asked if those would be grassy areas.  Ms. Carlson said they would.  Mrs. Martin asked how this compares to the development on the west.  Ms. Carlson said there is a comparable density in White Tail Pond.  Mrs. Martin asked about the future of the old Birmingham Road.  Ms. Carlson said some portions would be abandoned and some would remain as access road.

 

Council Member Parker asked when the development would reach build-out.  Developer Joe Duffey stated it would likely be within a 5 to 10 year timeframe.

 

Mayor Hawkins stated the public hearing had been advertised as required and continued from two previous meetings.  He opened the public hearing and asked if anyone present wished to speak in favor of the application.  Mr. Duffey stated he and Project Engineer Steve Warger were available to answer any questions.  Mayor Hawkins asked if anyone wished to speak in opposition to the application or had any questions.  Seeing none, he closed the public hearing.

 

Document No. 6320 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 Martin moved to approve the ordinance.  Council Member Robertson seconded the motion.  Council Member Hadden stated that there had been a lot of discussion about the issues pertaining to this application and she had made her feeling known in the past.  She reiterated that she is a proponent of the Blueprint for Liberty, but the Council has spoken and, being a team player, she will vote in favor of the application.

 

Council Member Brenton asked for clarification of when the rerouting of Birmingham Road will occur.  Mr. Duffey said it would be in the first phase of development.

 

The motion carried unanimously; it was approved by the Chair and is inscribed in Ordinance No. 8780.

 

IX.       ORDINANCES, CONTRACTS AND RESOLUTIONS

 

A.                 ACKNOWLEDGEMENT OF VENDOR PAYMENTS FROM FEBRUARY 11, 2005 THROUGH FEBRUARY 25, 2005 – ORDINANCE

 

Document No. 6321 was read.  Council Member Coe moved to waive the rules and consider the ordinance on first reading.  Council Member Robertson seconded the motion, which carried unanimously.

 

Council Member Collins asked for a brief update on how the agreement with the Clay County Detention Center was working, regarding the housing of prisoners.  Police Chief Craig Knouse stated that the arrangement is going very well.  He said the cost averages from $1,500 to $2,000 per month and has been as high as $4,000.  There is now a very small presence in the police holding facility.

 

Council Member Martin asked about check no. 87376, for the fire station remodeling and why the payment had just now been made.  Fire Chief Gary Birch said that there were still invoices to be paid at the end of the project but, due to legal matters involving the subcontractors still being owed, the City’s legal counsel had advised the payments not be made until this time.  Mayor Hawkins asked if the project had been officially accepted by the City.  Chief Birch said it had.

 

Council Member Collins asked about check no. 87331 for tough notebooks.  Assistant City Administrator said that was for lap top computers used in police vehicles.

 

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. 8781.

 

B.         *PRELIMINARY PLAT FOR LIBERTY ELEMENTARY SCHOOL NO. 9, WEST OF A HWY. AND EAST OF PLACE LIBERTÉ [P&Z CASE NO. 05-002PP; APPLICANT: LIBERTY PUBLIC SCHOOLS/SKIP JOHNSON] – RESOLUTION

 

Planner Lisa Pool reviewed the application for a preliminary plat associated with Liberty School District Elementary School # 9.  She stated that the site is located west of A Hwy. and east of the Place Liberté subdivision.  The current use and zoning of the 39 acres is R-1A, Suburban Residential District, with surrounding use and zoning including residential and open space.  She stated that, at the time this application was presented to the Planning & Zoning Commission, it was assumed that the project would include extending Camille Street to A Hwy.  Since that time, the school district

has indicated it will not be extending the street beyond the site of the school.  Ms. Pool stated that staff had reviewed this change and considered it as still complying with the Adequate Public Facilities Ordinance.  She stated that sanitary sewer would be extended through the site from a location in the southwest corner of the property.  An 8-inch water main would be extended along Camille Street to A Hwy. and a 12-inch main, installed along A Hwy., would extend to the southern property line.  Ms. Pool stated that storm water would be captured within the rights-of-way and a system would be necessary.  This facility will likely be located in approximately the same area as the existing pond, which is on the east side of the proposed school.  Ms. Pool noted that there is no parkland dedication requirement; however, tract three has been designated as public park space.  There are five tracts in this development, the first of which will contain the elementary school, parking lots, driveways and playgrounds.  Tracts two, four and five will be developed in the future and, even though this application does not require a rezoning, any development occurring in these tracts will likely require rezoning.

 

Ms. Pool stated that each tract in the R-1A zoning is required to contain at least three acres, so the preliminary plat will need to be approved with a lot size variance for Tract 2, which contains 1.55 acres.  She stated that the Planning & Zoning Commission recommended approval of the preliminary plat with the variance.

 

Council Member Hester asked about the map showing access to the school.  Ms. Pool stated the only entrance to the school will be off Camille.  Mrs. Hester asked what might prompt development of Camille from the eastern boundary of the school site to A Hwy.  Ms. Pool said it would be the development of the tracts east of the school.  Mayor Hawkins asked what would be developed in the other tracts.  Ms. Pool said nothing is specified at this time, but the Future Land Use Plan designation calls for traditional residential or mixed use development. Mrs. Hester asked where the extension of Camille would end.  Ms. Pool said it would be extended to the eastern boundary line of Tract 1.  Public Works Director Steve Hansen stated that the extension to A Hwy. would be about 600 feet in length.  Mayor Hawkins asked about the extension of the water line.  Mr. Hansen said it would extend to A Hwy., then south at about the property line.  Mrs. Hester asked what the estimated cost would be to extend the road to A Hwy.  Mr. Hansen said it might be about $200 to $300 per foot.  The engineer for the school district said it would be on the high side of the numbers, due to grading and improvements that would be required at A Hwy.

 

Council Member Brenton asked how staff would characterize Camille, as a type of street.  Mr. Hansen said it is residential, but is wider than is typical in residential areas.  Mr. Brenton expressed concern that two buses could safely pass one another along this street.  Mr. Hansen said it is similar to Midjay Drive, where there would be portions with parallel parking on one side of the street.  Mr. Brenton asked if the City had been proactive in communicating information about this application to the residents of Place Liberté.  Planning & Development Director Steve Anderson stated that, because no public hearing was required for the preliminary plat, the City is not required to contact adjacent property owners and did not know if the school district had made any efforts to communicate with nearby residents.

 

Council Member Hadden asked if the 36-foot street includes the rights-of-way.  Ms. Pool said it does not.  Mayor Hawkins asked if the street is also a little wider at that point because of the planned parking lane.  Ms. Pool said it is a bit wider there and then tapers off to about 28 feet elsewhere.

 

Council Member Brenton asked for clarification that approving the preliminary plat would not prevent the Planning & Zoning Commission from commenting on the change in extension of Camille Street.  He asked if the Council is seeing what the Commission reviewed.  Ms. Pool said the Planning & Zoning Commission would review the street extension when looking at the final plat and that the preliminary plat before Council this evening is the same application that was proposed to the Commission.

 

Council Member Coe asked why the school would not enter off of A Hwy.  Ms. Pool responded that the change requested by the school district would stop Camille Street at the eastern boundary line of Tract 1, (the school site).  Mayor Hawkins asked about the extension of Camille and rights-of-way.  Mr. Hansen stated that the rights-of-way go all the way to A Hwy., but the street could stop at the end of the school tract.

 

Council Member Robertson asked for clarification of where the street would be extended.  Mr. Hansen said the western boundary of the tract is along the eastern boundary of the Place Liberté subdivision and the street would run to the eastern boundary line of Tract 1.  He said that when it is built, Camille would serve the school and the school site itself would serve as the turn around area.

 

Council Member Coe asked why the school district chose not to design access off of A Hwy.  Mrs. Gentrup said that was a question for the applicant.

 

Council Member Hadden asked about the development of the other tracts.  Ms. Pool said that would not occur with the school site construction.

 

Mayor Hawkins asked if the street not being extended was a cost issue for the school district. Larry Diehl, ACI/Frangkiser Hutchens Architects, said that was his understanding.  Mayor Hawkins said there would need to be more improvements to the intersection of A Hwy. and M-291, because the school traffic would end up there regardless of which street is used to provide access to the school.

 

Council Member Robertson asked if the use of Camille to access the school would route school-related traffic through the Place Liberté subdivision until the additional tracts were developed.  Ms. Pool said that was correct.  Mr. Robertson suggested that was not good planning and, while he did not want to be hard on the school district, he believed the school should be accessed off of A Hwy. and not through the residential area.  Mrs. Gentrup said the applicant’s original plan extended Camille to A Hwy.

 

Mayor Hawkins said the Planning & Zoning Commission would get another opportunity to consider this with the final plat.  Ms. Pool said that was correct and the preliminary plat does show the rights-of-way continuing through to A Hwy.  Council Member Hadden said the City can’t force the school district to put the road through.  Mayor Hawkins said no applicant could be forced to do something if it meets the City’s Adequate Public Facilities Ordinance.

 

Council Member Collins asked if the application could be remanded to the Planning & Zoning Commission so that they have the opportunity to review the same application the Council is seeing.  Mayor Hawkins said this is the same plan reviewed by the Planning & Zoning Commission and that the Commission would have the opportunity to review the street issue during consideration of the final plat.

 

Council Member Hester asked how much wasted effort might be involved between approving a preliminary plat and requiring changes in the final plat.  Ms. Pool said the final plat will be considered at the next Planning & Zoning Commission meeting, which is scheduled for March 15.  Council Member Robertson clarified if construction plans have to be in approvable form for the final plat, the applicant will be proceeding with the assumption the street will not be extended any farther than the school district is now proposing.  Mr. Anderson said the streets are reviewed in considering the final plat and the final development plan will incorporate any areas that are changed, which doesn’t happen

with the preliminary plat.  Mr. Hansen said staff looks at two basic requirements – access to a fully improved street system and volume and type of traffic with its impact on safety, and the roadway’s ability to handle it.  He said it is staff’s opinion that these requirements have been met and, therefore, the street extension to A Hwy. cannot be required.  He noted the original plan proposed extending Camille to A Hwy. in order to reduce stress on that street system and for safety reasons.  The school district just recently contacted city staff and advised that, due to budgetary constraints, it would not be extending Camille beyond the school site.  He said that staff must address the application based on existing ordinances and can’t dictate this change but can recommend it.

 

Mayor Hawkins reiterated that the preliminary plat being considered by Council is the same as what was considered by the Planning & Zoning Commission.  He asked if the Council is being asked to amend this plat.  Ms. Pool said they were not.  Mayor Hawkins said even though this street extension issue has been raised since the Planning & Zoning Commission met, it is not timely because it is a question to be considered with the final plat.  The school’s requirements for the final plat are not in front of the Council for consideration this evening, but with the concerns expressed this evening, he expected the issues to be raised when the final plat comes forward.

 

Council Member Collins moved to approve the resolution.  Council Member Martin seconded the motion.  Council Member Brenton said again he would like to see some communication with the residents near the school site.  Mrs. Gentrup said staff could ask the school district to do that.

 

Mr. Diehl said he and Skip Johnson, with Brungardt Honomichl and Company would try to answer questions but they would not want to speak for the school district, whose staff could not attend the Council meeting because there was a school board meeting at the same time.  He said they are trying to develop this elementary school to open in 2006.  In order to do that, he would have to move with some speed in order to be under construction in May.  He said the intent of the school district is not to be a developer, and the tracts to be developed later would likely be sold off.  He said there was a sewering issue on the site for school routes around the hill.  He said there is no way to sewer the steep side to A Hwy.  Accessing the school site from A Hwy. is not desired because a right-turn only lane would have to be added.  He said MoDOT had suggested the addition of a flashing school sign.  Mr. Diehl said the school district decided to take traffic from the school back through the development and will widen the road in front of the school.  He said there is no way to develop the other tracts until the sewer cut is made under I-35.  He said the school occupies 1.7 acres and there is no problem with water connections.  The extension of the street comes down to dollars and he expected it to cost more than $300 per foot to extend the road out to A Hwy.  He said the applicant is doing all it can to grade the property and is using dirt from the school site in that effort.

 

Council Member Brenton once again clarified that the preliminary plat proposed to be approved is what was seen by the Planning & Zoning Commission.  Mayor Hawkins said that was correct and the way the streets are built will be addressed with the final plat and final development plan.

 

The motion carried unanimously and is inscribed in Resolution No. 2199.

 

C.         *FINAL BUDGET AMENDMENT FOR FISCAL YEAR 2004 – ORDINANCE

 

Mrs. Gentrup stated that the final budget amendment contains a variety of projects Council directed staff to address in its midyear review, including street lights, land acquisition, and Lowe’s Home Improvement Center.  Mayor Hawkins noted this is handled with one motion, rather than with each adjustment throughout the year.

 

Document No. 6322 was read.  Council Member Brenton 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 Martin seconded the motion, which carried unanimously.  It was approved by the Chair and is inscribed in Ordinance No. 8782.

 

D.                 LIBERTY TRIANGLE

 

1.         AUTHORIZATION TO INITIATE CONDEMNATION PROCEEDINGS TO ACQUIRE PROPERTY WITHIN THE LIBERTY TRIANGLE FOR CONSTRUCTION OF PUBLIC IMPROVEMENTS - ORDINANCE

 

Mrs. Gentrup stated this is typical for any public project and how the process is initiated.  Mr. Hansen said that in June 2004 an ordinance was approved by Council regarding the necessity to acquire property in the Triangle.  That ordinance identified all properties proposed to be redeveloped under the redevelopment agreement with LTD Enterprises.  Two properties to be acquired for purposes of extending Blue Jay Drive are the Christian Union Church and the site of the Spirit of Liberty building.  He stated negotiations for these properties have been ongoing.  The City is also working with the not-for-profits to find other suitable sites for continuing their operations.  He stated City staff, the redevelopment consultants and City’s TIF legal counsel are much closer to settlement for the property occupied by the Christian Union Church.  A new ordinance has now been recommended for eminent domain to be used in acquiring these two properties, solely for the purpose of constructing public projects.  He stated the intent is clearly outlined and this is only the initial step.  The process formally begins with filing in the Clay County Circuit Court.  It is not anticipated that this will be necessary unless good faith efforts at negotiating a settlement with these property owners are not successful.  He said staff recommends approval and requests consideration on first reading.

 

Mayor Hawkins clarified this repeats the prior ordinance for all properties but changes the basis under which the condemnation would proceed.  Mr. Hansen agreed and added that no filings have taken place to date.

 

Council Member Robertson expressed concern about including the church property if a settlement is anticipated soon.  He asked that the ordinance be taken to second reading.

 

Document No. 6323 was read.  Mayor Hawkins said the ordinance would go to second reading at a special session on March 7.

 

2.         PARK AND RIDE AGREEMENT WITH MISSOURI HIGHWAYS AND TRANSPORTATION COMMISSION – ORDINANCE

 

Document No. 6324 was read.  Council Member Robertson 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 Brenton seconded the motion.  Council Member Hester asked if the bus stops at the existing commuter lot.  Mr. Hansen said it does and it will be a more formal lot when it moves to its new location.  The motion carried unanimously; it was approved by the Chair and is inscribed in Ordinance No. 8783.

 

E.         TRAFFIC SIGNAL UPGRADES

 

1.         AUTHORIZATION TO PARTICIPATE IN ENERGY LEVERAGED LOAN PROGRAMS OF THE MISSOURI DEPARTMENT OF NATURAL RESOURCES TO FINANCE INSTALLATION OF LED SIGNAL LAMPS – ORDINANCE

 

Mrs. Gentrup said this is the same program through which city hall lighting, heating and air conditionings was made more energy efficient.  Council Member Robertson asked which twelve signals are included.  Mr. Hansen said he would provide that information.

 

Document No. 6325 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 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. 8784.

 

2.         CONTRACT WITH SYSTEM CONTROLS INC. IN THE AMOUNT OF $46,323 FOR INSTALLATION OF LED SIGNAL LAMPS IN ALL CITY-MAINTAINED TRAFFIC SIGNALS – ORDINANCE

 

Document No. 6326 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 Hadden 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. 8785.

 

F.         AGREEMENT WITH TRANSYSTEMS CORPORATION FOR TRAFFIC SIGNAL DESIGN AT WITHERS ROAD AND SOUTH WALES IN AN AMOUNT NOT TO EXCEED $15,338 – ORDINANCE

 

Mrs. Gentrup stated this project is in the capital plan for design and, upon completion of the first phase of South Liberty Parkway, it is expected this intersection will meet MoDOT’s warrants for a signal.

 

Document No. 6327 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 Brenton 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. 8786.

 

G.         AGREEMENT WITH CAPITAL ELECTRIC LINE BUILDERS, INC. FOR APPRAISAL SERVICES PERTAINING TO THE UPPER RUSH CREEK SANITARY SEWER INTERCEPTOR AND PUMPING STATION IN AN AMOUNT NOT TO EXCEED $15,000 – ORDINANCE

 

Mrs. Gentrup stated that, per voter approval, this project has progressed to the point of needing to conduct appraisals.

 

Document No. 6328 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.  Council Member Parker expressed concern about this contractor, if it is the one that recently worked in Clay Woods.  He said that contractor had left the properties in very poor condition, including breaking fences and not repairing them.  Mrs. Gentrup said she believed that was a different contractor and that work had been contracted by Aquila, not by the City.  Mr. Parker requested a follow-up by city staff on that contractor, but said if it is not the one identified for this project, he will vote in favor of the ordinance.  The motion carried 7-0-1.  Council Member Robertson abstained due to a conflict of interest.  It was approved by the Chair and is inscribed in Ordinance No. 8787.

 

H.        CONTRACT WITH TREKK DESIGN GROUP, LLC IN AN AMOUNT NOT TO EXCEED $59,996 FOR ENGINEERING SERVICES PERTAINING TO THE CRAIG CREST NEIGHBORHOOD IMPROVEMENT PROJECT – ORDINANCE

 

Mrs. Gentrup noted the Capital Improvements Task Force had recommended this for the next neighborhood improvement project and it is included in the 2005-07 Capital Plan.

 

Document No. 6329 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.  Council Member Robertson asked what Liberty projects this vendor had worked on.  Mr. Hansen said the individuals that formed this firm had previously worked for Bucher Willis Ratliff and others that had contracted with the City on earlier projects.  Council Member Martin noted it was interesting the vendor had bid just $4 under what was budgeted for the project.  The motion carried unanimously; it was approved by the Chair and is inscribed in Ordinance No. 8788.

 

I.          CONTRACT WITH BURNS AND MCDONNELL ENGINEERING COMPANY, INC. FOR WELL FIELD EXPANSION AND RAW WATER PIPELINE PROJECT IN AN AMOUNT NOT TO EXCEED $95,000 – ORDINANCE

 

Document No. 6330 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 Hadden seconded the motion, which carried unanimously.  It was approved by the Chair and is inscribed in Ordinance No. 8789.

 

J.          DISCLAIMING AND ABANDONING PERMANENT STORM DRAINAGE AND TEMPORARY CONSTRUCTION EASEMENTS – LIBERTY MANOR WEST STORM DRAINAGE IMPROVEMENTS’ PROJECT – ORDINANCE

 

Document No. 6331 was read.  Council Member Robertson 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. 8790.

 

K.        FIRE-FIGHTING EQUIPMENT

 

1.         PURCHASE OF SELF-CONTAINED BREATHING APPARATUS (SCBA) AND RELATED EQUIPMENT FROM MSA IN THE AMOUNT OF $94,648.18 – MOTION

 

Council Member Robertson moved to approve the purchase.  Council Member Martin seconded the motion.  Council Member Martin asked what the life expectancy was for the SCBAs.  Fire Chief Birch said it is about 7 to 8 years.

 

The motion carried unanimously.

 

2.         LEASE PURCHASE AGREEMENT WITH COMMERCE BANK, N.A., FOR PURCHASE – ORDINANCE

 

Document No. 6332 was read.  Council Member Hadden moved to waive the rules and consider the ordinance on first reading.  Council Member Martin seconded the motion, which carried unanimously.

 

Council Member Hester moved to approve the ordinance.  Council Member Hadden seconded the motion, which carried unanimously.  It was approved by the Chair and is inscribed in Ordinance No. 8791.

 

X.         OTHER BUSINESS

 

A.        PURCHASE OF PRINTING SERVICES FROM TARGET DIRECT MARKETING FOR 2005 PARKS BROCHURES – MOTION

 

Council Member Martin moved to approve the purchase.  Council Member Hester seconded the motion.  Council Member Brenton asked if the extension option would be at the same price.  Community Center Manager Donna Kay Taylor said that was correct.  Council Member Hester asked how large the brochure is now.  Ms. Taylor said it runs about 45 to 48 pages.  Council Member Coe asked if the Citizen is not included with the parks brochure the only difference would be additional postage.  Mrs. Gentrup said that was correct.  The motion carried unanimously.

 

B.         BLANKET PURCHASE ORDER FOR WATER METER PITS, LIDS AND RINGS FOR $22,135 FROM UNITED WATER WORKS OF COLUMBIA – MOTION

 

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

 

XI.               MISCELLANEOUS MATTERS FROM CITY ADMINISTRATOR

 

Mrs. Gentrup reviewed recent staff efforts to resolve the issue between residents and the tow truck operator on Gallatin Street.  She said City staff had met with neighbors and the tow truck owner.  The tow truck owner had agreed to park no more than one tow truck on the street each day.  This had met with approval by the residents and has been in place for a week, without further complaints.

 

She reviewed the activity associated with the recently completed downtown charrrette, last Wednesday through Saturday.  She stated there had been a lot of energy, ideas and there were so many present the group had moved to Scoops on the Square for the final presentation on Saturday evening which was standing room only.  She stated the next Downtown Task Force meeting would be on March 17.  Council Member Hadden said there had been requests for a second presentation for those unable to attend Saturday night.  Mrs. Gentrup said staff was looking into that possibility.

 

XII.            MISCELLANEOUS MATTERS FROM MAYOR AND CITY COUNCIL

 

Council Member Brenton again expressed a desire to have City staff contact the residents in Place Liberté regarding the school’s plans.  Mrs. Gentrup said staff could do that.  Mr. Brenton said he did not want the residents to be blind-sided by the development.  Mayor Hawkins said the only difficulty would be in responding to residents who might have a problem with the school proposal.  If the applicant meets the City’s standards, he said he isn’t sure the City has the power to require something else.

 

Council Member Brenton pointed to the Withersfield development where the final phase couldn’t be developed until a final street connection was made.  He said he wasn’t sure what triggered the safety aspect.  Mayor Hawkins said he did not disagree, but the example given may have been associated with a rezoning, which offers more options.

 

Council Member Brenton also noted places on Liberty Drive that need work, but are not in the city limits.  Mrs. Gentrup said staff would contact Pleasant Valley about the area of Liberty Drive.

 

Council Member Coe asked how the traffic study was done for the school.  Mr. Hansen said the data comes from the ITE manual and is not isolated to a specific school property in Liberty.  He said the traffic on Camille would be distributed through the subdivision, if it is not extended to A Hwy.  Mr. Coe asked if there would be any plans to redo the signal at A Hwy. and M-291, because that is already a difficult signal to get through.  Mayor Hawkins asked if staff would work with the state to get the timing of the signal changed.  Mr. Hansen said, while dispersal of traffic is preferable, the added school traffic will not exceed capacity on these roads.  Mayor Hawkins asked if it is exceeded on MidJay Drive.  Mr. Hansen said it is not.  Mayor Hawkins said it is ironic that the school district may be having to cut corners for this elementary school in order to participate in the funding of the Flintlock overpass, which it promoted.

 

Council Member Hester suggested it might be desirable for the school to contact the residents, so as to place responsibility where it can do some good.

 

Council Member Collins said he had reported a street light out over the weekend and it was fixed by Monday; then the whole string went out, including that light.

 

Council Member Hadden announced plans for a reception honoring Mayor Hawkins’ 24 years of service to the City.  It is scheduled for Wednesday, March 16, in the Council Chambers.

 

XIII.     ADJOURNMENT

 

The meeting adjourned at 9:28 p.m.

 

                                                                                    __________________________________

Mayor

Attest:

 

 

_____________________________________

Deputy City Clerk