CITY COUNCIL MEETING

MINUTES

MONDAY, MARCH 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 March 28, 2005 with Mayor Stephen P. Hawkins presiding.  Mayor Hawkins called the meeting to order at 7:10 p.m.

 

II.         INVOCATION AND PLEDGE OF ALLEGIANCE

           

The invocation was given by Council Member Ed Collins who then led the pledge of allegiance.

 

III.       ROLL CALL

 

Roll call was answered by Mayor Stephen P. Hawkins; Ed Collins, 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 Cynthia Boecker, Assistant City Administrator; Steve Hansen, Public Works Director; Steve Anderson, Planning & Development Director; JacLyn Carlson, Planner; Kate Egan, Preservation Planner; Craig Knouse, Police Chief; Gary Birch, Fire Chief; Chris Deal, Parks & Recreation Director; Steve Rulo, Parks & Open Space Manager; Dennis Dovel, Sports Complex Manager; LeAnn Lawlor, Aging Services Coordinator; Linda Tyree, Finance Director; Marcella McCoy, 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; Jack Miles and Janese Heavin, Sun News, and 68 members of the public.

 

IV.       APPROVE MINUTES AND SUMMARIES

 

A.                 REGULAR SESSION MINUTES OF FEBRUARY 28, 2005

 

Council Member Robertson moved to approve the minutes as distributed.  Council Member Brenton seconded the motion, which carried unanimously.

 

B.                 SPECIAL SESSION MINUTES OF FEBRUARY 28, 2005

 

Council Member Coe moved to approve the minutes as distributed.  Council Member Martin seconded the motion, which carried unanimously.

 

C.                 EXECUTIVE SESSION MINUTES OF FEBRUARY 28, 2005

 

Council Member Martin moved to approve the minutes as distributed.  Council Member Hester seconded the motion, which carried unanimously.

 

D.                 SPECIAL SESSION MINUTES OF MARCH 7, 2005

 

Council Member Coe moved to approve the minutes as distributed.  Council Member Brenton seconded the motion, which carried unanimously.

 

E.                  JOINT STUDY SESSION MEETING SUMMARY OF MARCH 7, 2005

 

Council Member Martin moved to approve the meeting summary as distributed.  Council Member Coe seconded the motion, which carried unanimously.

 

V.        CITIZENS’ PARTICIPATION

 

Mayor Hawkins recognized Boy Scout Brian Otte, with Troop 376, in attendance to observe the Council meeting for his Citizenship in the Community badge.  His father, Todd Otte was also present.

 

Harry Lee Boggess II, 1910 Highway H, stated that he was present to speak about the proposed alignment for the South Liberty Parkway.  He said he read in the paper that the southern alignment had been approved.  He said from directing staff regarding an alignment to approval of an alignment is a fine line and he asked if the alignment is formally set at this point.  Mr. Boggess said he had been contacted by the newspaper for comment on the proposed closing of Seven Hills Road.  He said he had not been contacted about the alignments being considered, even though the newspaper article said stakeholders had been contacted.  He said all members of the Boggess family owning property in the area of the proposed alignment are represented at this meeting.  He said the short notice of the meeting on March 7 made it difficult for family members to be informed of the proposal.  Mr. Boggess asked, because construction is seven years away, for Council to slow down and take a few more months to allow the Boggess family to propose alternatives.  He said he had tried to contact HNTB and had not received a return call.

 

Mr. Boggess said the Council’s meeting summary states that Property Reserve prefers the southern alignment and that this alternative would eliminate the unsafe intersection at Old 210 Highway  Mr. Boggess asked the Council to reconsider closing Seven Hills Road, for reasons of safety and historic preservation.  He said if the southern alignment is selected it would run the road through the most historic area of Liberty.  He said the family has a plan, but the timing has not been right to pursue it.  He said the alignment proposed includes 20 acres carved out and zoned C-3.  He said with the right conversations, the Boggess family would not be opposed to voluntary annexation into Liberty.  Mr. Boggess said the family is willing to work with the City and it wants to be a part of the South Liberty Parkway development.

 

Dr. Trent Boggess, 169 Shaker Road, Canterbury, New Hampshire, stated he was present representing his mother, Norma Boggess.  He said the issue of the unsafe intersection is not a hazard caused by Seven Hills Road.  He said the problem is at Old 210 Highway and is due to additional sports complex traffic.  He said this safety issue would be better addressed by signalization.  Dr. Boggess stated that the alignment is threatening a historic site – the Missouri Depot, which is a significant site due to activity during the Civil War.  He stated the routes of Birmingham Road go right through the heart of this site.  He said the southern alignment gets close to the site.  He asked where Seven Hills Road traffic would go when access to 291 Highway would be greatly reduced.  He said 291 Highway divided their property but if Seven Hills Road is closed, it will make access very difficult and amounts to inverse condemnation.  He said a closed Seven Hills Road and Old 201 Highway would have an adverse effect on businesses on both sides of the road.  He said with the short notice, the Boggess family needs time to prepare its case.  He said it would be better to consider alternatives now than later.  He asked Council to keep access to Seven Hills Road in the alignment proposal.

 

Connie Boggess Carder, 10170 W. Old Highway 36, stated she agreed with the comments of the other Boggess family members.  Mayor Hawkins asked Jeff Roberts if he wished to speak.  Mr. Roberts said he did not but that he agreed with what had been said.

 

Assistant City Administrator Cynthia Boecker stated that the study session had provided information to both City Council and the Planning & Zoning Commission and direction was given to proceed with initial conceptual design only, incorporating the southern alignment.  An engineering design would come later.  Mayor Hawkins said there would be several other opportunities in the coming months to raise points and there are many decisions yet to be made.  He thanked the members of the Boggess family for bringing their concerns to Council and stated their comments were very timely.  He said they would be addressed in the next few months.

 

Council Member Brenton asked Mr. Boggess about the blueprints he had brought.  Mr. Boggess said the family members had come with an alternative and would be happy to share it with Council.  Mayor Hawkins said there would be an opportunity for that in the future.

 

Council Member Robertson said it was his understanding that all property owners had been contacted and that was part of the assumption made in giving direction for the southern alignment.  He said Jerry McCaslin, a property owner in the area of the southern alignment, had not been contacted either.  Planning & Development Director Steve Anderson said only the owners of property in the right of way had been contacted and, in hind sight, the list of those contacted could have been expanded.

 

Council Member Hester said, given the plans offered, perhaps they should be considered before the next study session.  Council Member Brenton said he would like to make sure that all affected property owners are present for the next discussion.  Mr. Boggess said there are issues regarding petroleum and utility lines and, the southern alignment would cost an additional $1.4 million.  He said he believed Hunt Midwest also owned land in that area.  He again asked Council to step back and consider additional issues before approving a particular alignment.  Mayor Hawkins said the Council has seen several others like projects and they begin with tentative decisions, which bring good information to light, just as this has done.

 

Cecil O’Dell, 464 N. Morse, said he had asked Council to resign before and he asked again tonight for them to do so.  He commented on handouts he provided to members in the audience, saying the City is not addressing the need for neighborhood improvements as it said it would.  He said the capital plan calls for $60,000 to be spent in design for neighborhood improvements in 2005 and nothing has been accomplished.  He said the City is supposed to be spending $400,000 a year and they haven’t done it.  Mr. O’Dell reviewed a letter from staff to the Mayor and Council describing the candidates for neighborhood improvement.  He said he was very irritated at the amount identified for Craig Crest.  He said the Council is trying to kid the public and the City is not taking care of our streets.  He said his street isn’t finished and staff says they are not going to do it and will leave it as is.  He said the repairs on Nashua and Morse are already crumbling.  He said big trash trucks are causing the problem; they are tearing up brand new streets.  He said the seal on Corbin is already broken.

 

Mr. O’Dell said the City can spend millions of dollars but can’t fix its roads.  He said all the projects on the neighborhood improvement list would cost over $51 million and, at $500,000 a year, it would take over one hundred years.  Then, he said, the streets are only good for 15 years, so they will never be done.  He said there is talk about traveling around to see beautiful old homes but the streets are a mess.

 

Mr. O’Dell referred to an old Liberty Citizen newsletter and the amount for partial operation of the sports complex identified at $100,000.  He said there are fertilizer companies on the east side of the sports complex and the City hired a company to check them out.  He said the companies are across the road from the City’s pumps and have contaminated the water.  He said the City put fish in the ponds and people fishing there could get sick.  He said Lee Chemical is still causing problems and the City has to run two pumps to clean it up.  He said OMI is doing a good job operating the water treatment plan and someone from the outside should be hired to run the sports complex and community center.  He said the Parks’ staff only works half the year, so the City should have them drive around and pick up trash.

 

VI.       MEETING SCHEDULE

 

Ms. Boecker said there would be no meeting on Monday, April 4.

 

VII.      CONSENT AGENDA

 

A.                 APPOINTMENTS – MOTION

 

Parks & Recreation Board

 

Appoint Betty Lou Anderson to a term expiring 06-01-07.

 

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

 

B.                 AUTHORIZATION FOR STREET LIGHT INSTALLATION – MOTION

 

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

 

Ms. Boecker noted there were many people in the audience who had indicated an interest in addressing either the 438 E. Franklin or Elementary School No. 9 items on the agenda.  Without objection, Mayor Hawkins then recommended reordering these items to be reviewed before the next items on the agenda.

 

Mayor Hawkins noted that the certificate of appropriate for demolition at 438 E. Franklin did not require a public hearing nor was a public hearing advertised.  He said he would allow public comment as many of those present did wish to speak to the item.

 

VIII.     PUBLIC HEARINGS

 

A.        *438 E. FRANKLIN STREET [APPLICANT: Roger Gaunt/Mingus-Killorgen Properties, Inc.]

 

1.         CERTIFICATE OF APPROPRIATENESS FOR DEMOLITION OF STRUCTURE [HDRC CASE NO. 04-017J] (Public hearing not required) – RESOLUTION

 

Preservation Planner Kate Egan reviewed the application for a certificate of appropriateness for demolition at 438 E. Franklin.  She stated the structure is a vernacular style building constructed around 1853, noting several significant alterations including replacement of windows and removal of the piazza style front porch and door surround.  She stated the structure is a legal non-conforming use within a neighborhood of single family houses.  Ms. Egan stated that the structure had been used as an apartment building for many years and maintenance had been neglected over the years, which led to the advanced state of deterioration.

 

Ms. Egan stated that the property owner had presented several options for redevelopment of the property since acquiring it in 2001.  She stated the building is not eligible for tax credits, because it is listed as non-contributing in the National Register District.  The building meets the qualifications for demolition.  Salvaging of architectural elements, whenever possible, is encouraged.

 

Mayor Hawkins asked for a review of the progress through Historic District Review Commission.  Ms. Egan stated that this application came forward early last fall.  The application was put on hold when a different proposal came forward for a special use permit, which was denied.  Mayor Hawkins asked for clarification that if this application advances, the special use permit identified on the agenda would be reviewed by the Planning & Zoning Commission in April.  Ms. Boecker said that was correct.

 

Mayor Hawkins said the public hearing was advertised for the special use permit and a new notice for that public hearing, slated for April, has been advertised.  He noted that, while the Certificate of Appropriateness does not require a public hearing, he will allow the applicant and concerned neighbors present to make public comment.

 

Council Member Brenton asked why the property was not eligible for tax credits.  Ms. Egan said if the property was on the National Register as a “contributing” structure, it would be eligible for tax credits and several things would need to be done in order for that non-contributing designation to change.  Mayor Hawkins asked what would be involved in that process.  Ms. Egan said the state gets involved and makes a case at the federal level.

 

Roger Gaunt stated that he has provided upscale housing and has put $2 million under lease in Liberty.  He said at 416 E. Franklin, he had promised a jewel to the neighborhood and believes he has delivered on that promise.  He noted that property had been the subject of an article in Historic Liberty Living magazine.  Mr. Gaunt stated that the game plan had been to add a wing at 438 E. Franklin and that received the support of staff, HDRC, and the Planning & Zoning Commission.  The application died at City Council because of neighbor opposition.

 

He stated he could make the necessary repairs and open to a former tenant base or, as he was bringing forward in this application, option two – demolish this structure and construct a new one that could provide upscale housing in the neighborhood.  He said the proposal for the new structure would have five rental units with fireplaces.  He added that this proposal is compatible with the Blueprint for Liberty.

 

Mr. Gaunt addressed comments made at the Planning & Zoning Commission meeting.  He said the structure had been referred to as “grandfathered” in, but had been referred to by the City’s attorney as conforming multi-family.  He said other comments had said he is not committed to historic preservation.  He said the building would be restored to how it was in 1946 when it was apartments.  He said he had obtained quotes from two architects and the cost was estimated at $800,000.  Mr. Gaunt noted the neighbors were suggesting a cost of $300,000, but theirs is not the same scope.  He said when the special use permit for construction was denied, that killed his plan to use revenues from rental of that new unit for restoration of the existing structure.  He noted that his plan called for 1,000 sq. ft. per unit instead of 650 sq. ft. per unit.  He noted the previous owner had said the units were large enough for two adults and one child.  His plan would be the same density.  He said he rejected an offer to purchase the property because he didn’t consider it viable.

 

Mr. Gaunt noted that the Commission had been told he had filed a frivolous lawsuit and that HDRC members couldn’t vote due to the suit.  Mr. Gaunt said this is not correct.

 

Mr. Gaunt said there were comments that there are plenty of apartments and no more are needed.  He said the staff says otherwise.  He referred to a newspaper editorial on January 19 in which demolition was endorsed and HDRC minutes indicated support if a construction proposal was acceptable.  He said he is offering City Council a choice – upscale apartments in a structure that fits in with the neighborhood or the monstrosity of a building forever with less than desirable tenants.

 

Council Member Brenton asked why selling the property was not included among the applicant’s options.  Mr. Gaunt said the offer that had been made was less than half fair market value.

 

Mary Lou Gaunt said she and her husband had been portrayed as the bad guys.  She said they had purchased the property to make it better.  Staff, HDRC, P&Z and City Council had considered the many plans developed by the applicant and each came with a cost.  She said the neighbors want a single family dwelling on this property but that is not going to happen.  She said they will develop clean but tiny inexpensive apartments if the demolition is denied.  Ms. Gaunt said there have been a lot of different suggestions, but the existing property is an eight-plex.

 

Jerry McCaslin, 2325 Liberty Landing Road, noted that he had not received notice with respect to the South Liberty Parkway.  He then addressed comments related to the 438 E. Franklin application.  Mr. McCaslin said he was the previous owner and part of it was Section 8, which is low-income housing.  He said the neighbors were glad to see it sold.  He referred to the work Mr. Gaunt had completed on the house at 416 E. Franklin as an example of what could be done by the applicant.  Mr. McCaslin said, if he got the property back, he would rent it out, put a band-aid on it and sell it.  He said he wanted to see everyone involved reach a conclusion to this project.  He said he had thought the structure at 438 E. Franklin could be improved, but it is deteriorating.  He said the applicants should be allowed to proceed.

 

Mayor Hawkins asked if anyone else wished to speak in favor of the application.  Seeing none he asked if anyone present wished to speak in opposition to the application.

 

Craig Davis, 431 E. Mississippi, said Liberty is our living legacy.  He said the ad hoc group, Jewell Historic District Action Committee, had been formed to preserve the neighborhood.  He said the group is resolved to save this building.  There were more than a dozen members of the committee in attendance who then raised their hands to identify themselves as opposed to demolition of the structure at 438 E. Franklin.  Mr. Davis said a question had been raised about how many apartments were in the neighborhood.  He said there were 115 apartments in houses and an additional 23 apartment buildings, all of which had been restored to single family.  He said the single family home is favored and, once a house has been taken back to single family, it can’t go back to multi-family.  He mentioned several buildings that had been successfully restored, even after one had been significantly damaged by fire.  He said the Liberty Female College is very well documented and the building can be restored.  Mr. Davis noted that HDRC and P&Z regulations support historic preservation.  He said demolition sets a dangerous precedent.  He added that Council has always been supportive when citizens ask for preservation.  He said the applicant had threatened putting in low income housing, but Section 8 housing is not a crime.  He said they had made an offer to buy the property because they wanted to save it, not because there is any money to be made in preservation.

 

Mike Mundy, 417 E. Franklin, showed old pictures of the building, which had been single-family at one time.  He said in 1998 all gas meters were removed, according to the records for “single family home per Brad Ingram”.  He said the group wanted to provide the Gaunts with an escape route, but none of the criteria stated in the application for allowing the demolition apply to this structure.  He said last year the applicant had said the cost would be $680,000.  This year it has gone up to $700,000 and now over $800,000.  Mr. Mundy said restoration is feasible and so is rehabilitation, though it might only be to a single-family dwelling.  He referred to the structural integrity of the building, noting the applicant’s consultant had said if the load-bearing wall were to be braced and rebuilt, he would consider the building structurally sound.  He said the windows have been changed and the porches are gone but there are many architectural elements still in place.  He referred to the exposed brick wall and staircase.  He noted the Italianate features and wood pegs.  Mr. Mundy said the two rooms off the staircase on the main floor are 16 feet by 38 feet and there is a widow’s walk.  He said the applicant hasn’t met the exceptions and the structure can be rehabbed.  He said it won’t fall down tomorrow.

 

Sarah Mundy, 417 E. Franklin, reviewed the homes that were previously identified as worthy of demolition and have now been restored.  She said miracles have been worked on those houses and it would be shameful for this structure to be demolished.  She said the 3-3 vote by HDRC is deceiving.  At a 3/14/05 meeting, another member of HDRC said, had he been present at the meeting where the vote took place, he would have voted against demolition.  Ms. Mundy said there were also two that had not voted during this process.  She said the vote could easily have been 6-3.  She said the current blight is not a reason to demolish the structure and this building has value in the neighborhood.  She said she and her husband enjoy seeing the restoration efforts of others.  She asked the Council to vote against demolition.

 

Brad Charles, 430 E. Franklin, said he lives west of the property and is most directly affected.  He said when he and his wife bought their home, they were enthralled by the neighborhood.  He got the short history of the Liberty Female College and found that their house had been a dormitory for the college.  He said the owner was planning to take the home back to its former glory with three apartments.  That would not cause a lot of activity.  He said he was sympathetic to the applicant’s position and the recent history of his efforts.  Mr. Charles said he had been told if his proposal was not accepted he would face the same type of renter situation that had been in place previously and was painted a picture of beer cans being thrown into his yard by the tenants.  Mr. Charles said his wife loves to garden and he thought, yes, get rid of the structure.  He offered 66 signatures of neighbors opposed to the construction of an apartment building on the property and said the neighbors are of one mind – save the existing building on the property.  He said this may not be what the applicant wants.

 

Mr. Charles said a recent visitor from California was very impressed with the neighborhood and with its history.  He offered suggestions for changes to single-family.  He said the option to tear down the structure means it is gone forever.  He said things have changed from 20-30 years ago and he doesn’t want to see that happening to this building.  He said he has incredible neighbors who are committed to the neighborhood.  He said they all want to save this building.  Mr. Charles said this is where they live and where they’re going to die.  He said the planned construction is too wide for this very narrow lot and then a concrete parking lot would be added in the back yard.  He said that doesn’t belong in this neighborhood.  He said the building is a stone’s throw from his wife’s garden and couldn’t believe it could happen.  He said he is now totally committed to seeing this property saved.

 

Cecil O’Dell thanked the fire department for assisting he and his wife when she fell and had to be taken by ambulance to the hospital.

 

Chris Harris, 501 N. Grover, said he had been approached to do some research on the structure.  He said the property had been a ladies’ college in 1853.  He said many prominent people contributed to its construction and some of them were principals with William Jewell College.  He said the property remained closed until 1863 when it was purchased and was a single family home until 1892.  It was then used as a dorm for William Jewell College.  He said it should be saved.

 

Frank Blakemore, 405 E. Franklin, said he had moved to Liberty because of historic structures.  He said he realized Mr. Gaunt was making business decisions but the job of City Council is to enforce the rules as they exist.  He said there is no compelling reason to tear down this structure, and asked the Council not to allow demolition.

 

Mayor Hawkins asked if there were any others who wished to speak in opposition or had questions.  Seeing none, he brought the issue back for Council discussion.

 

Council Member Collins said four years ago his son purchased a home in Polo and is restoring it.  He said when it is finished it will be a landmark.  When restored, a property can go from being a mess to being a good addition to the neighborhood.  He said he would vote against demolition.

 

Council Member Martin said if the structure can be preserved, it should be.  She noted the other successes, including the Hadden’s home, which had seen a successful restoration.  She said she would vote against demolition.

 

Council Member Hester said she appreciated Mr. McCaslin’s suggestion that there needed to be a disposition, but she was against demolition.  She said she had voted to allow the Adkins-Bruening home to be demolished and was relieved that others had voted to preserve it.  She said the process cannot go too quickly and the Council’s claim to fame is historic preservation.  Mrs. Hester said she had talked with the applicant, and appreciates his position, but cannot see tearing down this structure.  She said she would vote against demolition.

 

Council Member Brenton said when you own a home here you have an implied contract with 150 years of history.  He said he appreciated Mr. Gaunt’s efforts, but he hoped the applicant would continue to explore positive rehabilitation or market it to others.

 

Council Member Brenton moved to approve the certificate of appropriateness to allow demolition of the structure at 438 E. Franklin.  Council Member Hester seconded the motion, which failed 1-6-0.  Council Members Collins, Martin, Hester, Parker, Coe and Brenton voted in opposition.

 

2.         SPECIAL USE PERMIT TO CONSTRUCT MULTI-FAMILY HOUSING [P&Z CASE NO. 05-003SUP]

 

With the certificate of appropriateness not approved, Mayor Hawkins stated that the special use permit was moot.

 

Mayor Hawkins recessed the meeting at 9:10 p.m.

 

Mayor Hawkins reconvened the meeting at 9:25 p.m.

 

B.         *LIBERTY ELEMENTARY SCHOOL NO. 9 WEST OF A HIGHWAY & EAST OF PLACE LIBERTÉ [P&Z CASE NO. 05-007FDP; APPLICANT: LIBERTY PUBLIC SCHOOLS/SKIP JOHNSON]

 

Mayor Hawkins again noted that neither the final plat nor the final development plan called for a public hearing, but those wishing to comment would be given time to do so, following a staff presentation.

 

1.         FINAL PLAT FOR WARREN ACRES TRACT 1 – ORDINANCE

 

Planner JacLyn Carlson reviewed the final plat and final development plan for the Liberty Elementary School No. 9, west of A. Highway and East of Place Liberté.  She stated the property for the school included 20.6 acres and the building will be 76,000 sq. ft.  She said there would be 159 parking spaces.  Ms. Carlson noted the property is zoned R-1A, suburban residential district and is currently open space.  She stated the preliminary development plan was approved in February 2005 and, at the time the Planning & Zoning Commission had reviewed the preliminary plan the assumption had been that Camille Street would be extended through to A Highway.  Following the Commission’s recommendation to approve and before Council consideration of the preliminary development plan, the School District staff asked that City staff look at the possibility of extending Camille Street only through the school site.  She

stated that the School District had been asked by City staff to conduct a new traffic study.  Ms. Carlson noted that the revised traffic study demonstrated that, from a traffic standpoint, terminating Camille at the school would not adversely affect the streets or intersections in the area.  City staff determined that the extension to A Highway was not required by the Adequate Public Facilities Ordinance at this time.  Ms. Carlson also stated that, while they would not be constructed until later, all rights-of-way for Camille Street extending to A Highway and Lynette Street, including sidewalks for pedestrian traffic, were identified and included in this final plat.

 

Ms. Carlson stated that sanitary sewer will be extended through the site from an existing main; an 8-inch water main will be extended along Camille Street to A Highway and a 12-inch main will be installed along A Highway, extending to the southern property line.  She stated that storm water will be captured within the rights-of-way with an enclosed system.  She added that a development-wide detention system will be incorporated in to the site as development plans are prepared.  This facility will be located in approximately the same area as the existing pond, which is situated on the east side of the proposed school.  A detention facility easement will be dedicated to the City allows the City access to the facility, but the property owner must maintain it.

 

Ms. Carlson said the capacity of the school is approximately 600 students.  Parking areas are situated on the north, east and west sides of the building.  Open space will be located to the south, southwest and southeast of the building along with play areas and recreation fields.  She said vehicles will enter and exit the school site through one of three access points, creating a circular movement for parents to drop off and pick up their children.  To the north of the school, Lynette Street will be extended to Camille Street as development progresses and eventually aligns with one of the access points.  The western-most parking area will be for school employees and the bus loading and unloading area will be at the third access point, east of the school.

 

Ms. Carlson stated the plan calls for the main body of the school to house the lobby, cafeteria and gym.  The building will be composed mainly of brick with a metal roof and fascia.  There will be aluminum windows and cast stone headers.  The landscape includes trees to serve as a natural barrier between the existing Place Liberté Subdivision and the school site.  A loading dock and mechanical equipment are screened by being positioned behind the front of the building on the east side of the site.

 

The Planning & Zoning Commission recommends approval with the stipulation that Camille Street be extended to A Highway prior to the school being occupied.

 

Council Member Robertson asked if the application met all the requirements for public safety.  Ms. Carlson said the Adequate Public Facilities Ordinance requirements have been met.  Fire Chief Gary Birch stated that the fire codes under which the City operates call for additional access.  He said the fire marshal’s review had been at the point where Camille Street was to be extended through to A Highway.  Council Member Brenton asked if, in the Chief’s opinion, the road doesn’t need to go through.  Chief Birch said by the road going through to A Highway, it would reduce response time and, depending on the emergency, would also allow better flow if traffic needed to get out.

 

Council Member Hester asked for clarification of the time line and the point at which public safety staff had reviewed the current plan without the extension of Camille Street to A Highway.  Public Works Director Steve Hansen stated that there was an initial meeting with the developer prior to plans being submitted.  At that time it was indicated that road access from the school to A Highway would exist.  When plans were submitted, Camille Street was shown extending to A Highway and that is how the application was reviewed for compliance by City staff from engineering, parks, planning, and fire.  When this staff review took place, the School District showed the road extending Camille Street to A Highway, so the fire marshal had no reason to question public safety access.  Since that time the proposal has changed.  Council Member Collins asked how the plan changed.  Mr. Hansen said about two weeks after the Planning & Zoning Commission reviewed the preliminary development plan, and just before it was to go to Council for consideration, the School District requested the City consider Camille Street ending at the school property in the School’s final development plan application.  Mr. Hansen said City staff looked at the Adequate Public Facilities Ordinance and the traffic capacity.  He said there were no intersections that would require improvements with this change and that the capacity of existing roads in the area would not be exceeded as a result of the proposed development.  At that point Council was notified of the proposed change.  Mr. Collins asked for clarification that passing the final development plan would include the requirement to extend Camille Street to A Highway.  Mayor Hawkins stated that the stipulation included with the Commission’s recommendation for approval required Camille Street to be extended prior to occupancy of the school site.  He said there are three options: to deny the final development plan; to approve it with the stipulation as recommended by Planning & Zoning Commission or to approve the final development plan without the stipulation.

 

Dr. Kent Peach, Liberty Public Schools, 650 Conistor, stated that the preliminary plat approved by Council was substantially different than that reviewed by the Planning & Zoning Commission, due to the cost of extending the road through to A Highway.  He noted that six patrons spoke at the Commission meeting and made an emotional appeal, resulting in the stipulation.  He said staff had recommended approval and staff has stated that extension is not required.  Dr. Peach said the school district had submitted a revised traffic study, showing all the traffic going through the subdivision and the street system, it could still operate acceptably and the extension was not required.  He noted the similarity between this proposed school and the school in Liberty Manor.  He also pointed out that the school under construction, Liberty Oaks in Kansas City, is a twin to Elementary No. 9, and is set to open in August.  He said there were no concerns regarding limited access with that school.  Dr. Peach said the staff and Commission recommendations are in conflict with one another.  He said the school district is not required to extend this road to A Highway and requested Council approval the final plan without the stipulation attached.

 

Council Member Martin asked the number of staff that would be at the new school.  Dr. Peach said there would be 35 to 40 staff and the school was expected to open with 450 students.  Council Member Brenton asked if the school in Liberty Manor has two access points.  Dr. Peach said it does but he was commenting on that school being in the middle of a residential neighborhood as No. 9 will be.

 

Council Member Coe asked what consideration the school district had given to school having to let out in an emergency.  Dr. Peach said the school district was going according to the study, which had said the plan without the extension was adequate.  Council Member Coe said he believed there would be a problem in an emergency.  He asked if sidewalks were being constructed.  Dr. Peach said there would be sidewalks along Camille Street to the end of the school property.  Mr. Coe said he believed there would be a problem for emergency vehicles and for fire equipment to get in and out in an emergency.  Dr. Peach said this is the first he and the school district had heard of the fire department’s hesitation.

 

Mayor Hawkins asked how far away from Flintlock the Liberty Oaks’ school is located.  Dr. Peach said it is a local street at that point, not a collector and it is about one-half mile from Flintlock.  He said there would be a stub at 82^nd Terrace for the Liberty Oaks’ school.  Mayor Hawkins asked the distance to get to a collector street from that school.  Dr. Peach said about six tenths of a mile and this distance is comparable or possibly a bit farther than the plan before Council.  Mayor Hawkins asked if there are residences that front 87^th Street  Dr. Peach said some do.

 

Council Member Hester asked if the reason the school district had not heard about objections from the fire department was due to earlier plans showing the street extension to A Highway.  Assistant City Administrator Cynthia Boecker said that was correct.  Council Member Robertson clarified that the preliminary development plan approved by Council was the same plan as was considered by the Planning & Zoning Commission.  He said there has been a lot of talk but he wishes the school district would consider extending the road to A Highway

 

Mayor Hawkins asked if any other members of the public wished to speak.  Carol Heutzel, 1350 Camille Street, said that two weeks ago she had been told it would take $400,000 to extend Camille Street to A Highway  Today the school district was saying it would cost $520,000.  She said the school district was setting itself up for some severe damage on that corner.  If that street is blocked, how does traffic get in or out.  She said two years ago, potholes were fixed from damage over an entire winter.  Now there are new potholes.  Ms. Heutzel said this was a quiet neighborhood and this plan is setting up to be a failure.

 

Council Member Martin asked Ms. Heutzel if the school bond issue had identified the street going through to A Highway  Ms. Heutzel said she had been given information by the school district at Spring on the Square and was told at that time Camille Street would go through to A Highway  She said they expected 128 walkers in addition to the buses.  Ms. Heutzel said what she heard at Spring on the Square was different than what she received in the mail.

 

Greg Chase, CPA, 2009 Camille Court, said he has daughters in the neighborhood and is concerned about the traffic.  He said at Camille Street and Court Louis, there is ice during the winter and it thaws and refreezes.  He said this is not the type of street to have buses traveling along with countless cars.  He said A Highway would be a better approach and more traffic through the neighborhood means more potential danger.  He asked if the $500,000 was the additional cost to connect from the school property to A Highway or if it was the total cost.  He said the traffic study said it could operate acceptably but the school district should make it operate exceptionally for emergency and fire response.  He asked who conducted the traffic study and who hired them.  He suggested the reason that there were no complaints about School No. 8 is that the area is still being developed and there are not that many residents yet.

 

Mayor Hawkins asked if the cost was from the school property to A Highway or the entire extension.  Dr. Peach said it was the cost from where the school property ends to A Highway, which is about 600 ft.  Mr. Hansen stated that the school district hired a company to conduct the revised traffic study.

 

Council Member Brenton asked about the level of service that is considered in traffic studies, whether it is generalized as to traffic flow for a school or considered in the context of the school’s location.  Mr. Hansen said the traffic study uses the ITE Manual, which is not specific to Liberty or any other school.  The Manual looks at representative samples of schools throughout the country and there are many that don’t have drop-off areas like they do here.

 

Robert Litle, 1312 Camille Street, said that it appears Council has the same concerns as the residents of Place Liberté.  He said he would be disappointed in both the school district and the Council if this decision was made based on believing $500,000 is a lot of money.  He said Elementary School No. 8 has easy access compared to this school with traffic coming through an established subdivision.  He said he could turn his 1990 Oldsmobile around in the street near the other school, but he couldn’t do that on Camille Street  He said the ice is a problem and the results of the traffic study don’t sound logical.

 

Bruce Heutzel, 1350 Camille Street, said Camille Street at Collette Street goes down from 20 feet to 15 feet.  He said the buses will have difficulty on Court Louis with the ice.  He said that is a safety issue that should be addressed.

 

Larry Harris, 1404 Camille Street, said he lives at the corner of Camille Street and Collette and implored the Council to drive those streets and see what a problem there would be with school buses trying to pass one another in good weather. Mr. Harris said the roads are deteriorating now and that will be worse with buses and trash trucks driving those streets.  He said access to the school should be off of A Highway.

 

John Adams, 1510 Ridge, said he has driven fire trucks for 30 years and access proposed for this school is not adequate.  He said the fire chief made a good point and the fire code includes being able to require certain things for the safety of children.  He said there should be more than one road due to conditions requiring emergency access.  He asked for the case to be sent back to the Planning & Zoning Commission to make sure the application meets requirements.

 

Rachela Talpes, 1319 Camille Street, spoke about the problems with ice during the winter and there not being open vision from Court Louis to Place Liberté at Camille Street and Collette Street.  She said the trucks have a problem and the buses will too.

 

Mike Flanery, 2001 Court Louis, said there is essentially only a one lane road because of parking and vehicles cannot pass.  He asked what congestion might occur on the feeder roads as traffic at this point backs up.  He asked who would fix the roads, after the construction vehicles have done their damage.

 

There being no others wishing to comment on the application, Mayor Hawkins brought the issue back to Council for discussion.  He said there are three ways to consider this application.  He said the engineering requirements, including traffic studies, the Adequate Public Facilities Ordinance, traffic counts and width of streets is one review that takes place.  Mr. Hansen said, during that review, staff looks at traffic safety issues and whether intersection volume would be exceeded.  Mayor Hawkins said this review also grades the streets from A, being the highest.  If the situation lowers to a C or D, then the staff would ask the applicant to consider alternatives for streets.

 

Mayor Hawkins said the staff addresses these issues in its review.  Another type of consideration is convenience, which is subjective and there are not grades of convenience.  Mr. Hansen said they look at traffic patterns but convenience is very subjective.  He said the staff looks at the plans and may make recommendations but doesn’t require changes that might improve the project from a convenience standpoint.

 

Mayor Hawkins said the third criterion on which review is conducted is public safety.  He said a project may be perfectly objective and convenient, but there is a problem related to public safety.  He said this last area is what concerned the Council during its last discussion and continues to be a concern as this application is being considered.  He said the Council has to distinguish between service level that is acceptable and Council’s authority to deal with public safety issues.

 

Council Member Hester clarified the timeline in which the Council was notified the Thursday before the last Council meeting that Camille Street would not be extended beyond the school site as part of the final development plan.  Mr. Hansen said that was correct.  Mrs. Hester asked if the reason that change had been added was due to the cost and at what point it had been identified as a problem that required the change.  Dr. Peach said he believed that the extension of the road had initially been included in the preliminary plan but not necessarily expected to be included in the construction of the school.  He said the cost of extending the road drives up the cost and the overage.  He said the school district supports putting the road in and believes it needs to be there when the additional development takes place.  Not including the extension at the time the school is constructed helps with the budget.

 

Mayor Hawkins asked about the timing of the road being extended.  Dr. Peach said the school district had initially thought the road extension was a requirement with the final plan and had included it initially before requesting the extension to A Highway be removed from the final development plan.

 

Council Member Hester asked if the school being completely built, would be a problem with obtaining an occupancy permit.  Mr. Anderson said if the building is permitted and all conditions have been met, occupancy would be granted.  Council Member Parker asked if the City standards didn’t require two access points.  Mr. Anderson said plans are reviewed on a case-by-case basis.  He pointed to the example of Withersfield where initial phases were allowed to proceed but at a certain point in the development no more permits could be issued until the road was extended.  Mr. Parker said these seemed to be small roads to put buses on.  Council Member Brenton stated there are at least two connections for all other schools in Liberty and he couldn’t, in good conscience, vote for this plan without the road extension being included.

 

Document No. 6333 was read.  Council Member Robertson moved to waive the rules and consider the ordinance on first reading.  Council Member Brenton seconded the motion, which carried unanimously.

 

Council Member Martin moved to approve the ordinance.  Council Member Robertson seconded the motion.  Council Member Parker asked if the timeline for the road extension is included here.  Mayor Hawkins said that is in the resolution.  The motion carried unanimously.  It was approved by the Chair and is inscribed in Ordinance No. 8793.

 

2.         FINAL DEVELOPMENT PLAN– RESOLUTION

 

Council Member Robertson moved to approve the resolution with the stipulation that Camille Street would be extended to A Highway prior to occupancy of the school.  Council Member Martin seconded the motion.  Council Member Brenton asked for clarification that in the Planning & Zoning Commission meeting minutes there had been a reference to extending both Lynette and Camille Streets.  Mr. Anderson said the stipulation passed by the Commission doesn’t include Lynette.  The motion carried unanimously and is inscribed in Resolution No. 2200.

 

C.         *AMENDMENT TO THE LIBERTY CITY CODE BY ADOPTING A UNIFIED DEVELOPMENT ORDINANCE [P&Z CASE NO. 05-008A] – ORDINANCE

 

Mr. Anderson stated the application was to amend the City Code to incorporate all of the City’s development regulations in one document.  He said that after the Blueprint for Liberty was adopted in 1999, the Zoning Ordinance and Subdivision Regulations needed revision to make them more user-friendly, modernize them and include the principles of the Blueprint.  In 2000, this effort began but it was soon evident that the existing regulations couldn’t be amended and that an overhaul was needed, as

the Zoning Ordinance is rooted in an ordinance originally adopted in 1933.  The staff worked with legal consultants and an oversight committee to combine all elements of development regulations in the Unified Development Ordinance (UDO).  Staff also reviewed the document, as it developed, with the Board of Adjustments, Planning & Zoning Commission, Parks & Recreation Board, Historic District Review Commission, the Chamber of Commerce and the development community.

 

Mr. Anderson noted that four joint study sessions were held by the City Council and Planning & Zoning Commission.  Input from the development community also shaped the UDO.  He stated that the UDO includes the Zoning Ordinance, Subdivision Regulations and the Adequate Public Facilities.

 

Mr. Anderson reviewed the articles with substantive changes.  He noted that a pre-development meeting with the applicant will now be required.  A land disturbance application for grading may be approved administratively before site plan approval.

 

Council Member Collins asked if the applicant should know what is required after the pre-development meeting.  Mr. Anderson said the staff’s expectations should be clear.  He noted these meetings currently take place in many cases; including it in the UDO makes it a formal requirement.

 

Mr. Anderson reviewed the new zoning districts being added with the UDO and said the zoning will be performance-based as opposed to use-based.  He noted the RN district is what will be used for traditional development.  Mayor Hawkins asked about the old zoning districts.  Mr. Anderson said the old zoning districts remain unchanged.

 

Mr. Anderson stated a gradual scale for accessory buildings is included in Article 11.  He said the UDO encourages parking to be shared and a cap on the number of spaces allowed is established at 150% of the required amount.  Council Member Hester asked about home occupations.  Mr. Anderson stated that accessory buildings are identified for storage.  An earlier Zoning Ordinance amendment to allow home-based businesses in accessory buildings was not approved by Council; that use is also not permitted the UDO.

 

Mr. Anderson said all sign regulations are now consolidated in one section.  No new pole signs will be permitted.  He said the Chamber asked for more flexibility with banners and that has been incorporated into the UDO.  Council Member Hester asked about lighted signs.  Mr. Anderson said internal illumination is permitted, but strobes and chasing lights are not.

 

Mr. Anderson stated the road design in the subdivision regulations is more flexible.  Mayor Hawkins asked about roads associated with school sites.  Mr. Anderson said Midjay Drive is a good example.  He said maximum length for dead-end streets has been reduced from 500 feet to 400 feet and the length of blocks has been reduced before a cross street must be inserted.  He noted the fee in lieu of parkland dedication, which is a separate agenda item for Council consideration, is being increased to $12,000 per acre, implementing a recommendation from the Parks and Open Space Master Plan.  He said trail construction is a requirement with the construction of the subdivision, but a credit has been established in the formula.  Council Member Robertson asked where looped lanes are located in existing developments.  Mr. Anderson said they were approved in Creekwood where there is one way in and it is around a greenway.  Mr. Robertson requested staff look at the signage requirements for streets, such as those in the Church Road Business Park, because the signs are a problem since they are required every so many feet.  Mr. Anderson noted that street signs are regulated by Public Works standards, not zoning standards.

 

Mr. Anderson said the site development and design standards include buffers for creek beds, wellheads and flood plains.  Council Member Collins asked for clarification of what is required around a creek.  Mr. Anderson said there is a buffer of between 40 feet and 50 feet from the top of the bank.  The Missouri Department of Natural Resources recommends starting the buffer from the edge of the creek and that has been added in the UDO.  Mayor Hawkins asked if anything can be built in these buffers, including fences.  Mr. Anderson said nothing can be built inside these buffers.

 

Mr. Anderson stated that the Planning & Zoning Commission recommends approval of the amendment.

 

Mayor Hawkins opened the public hearing and asked if anyone wished to speak to the amendment.  Bob Steinkamp, 838 Blueberry, stated that this is an extremely important amendment that has been in the planning stages since 2000.  He said there has been a long process to get to this point.  He asked the Council to defer action and take this up at a subsequent meeting.

 

Mayor Hawkins asked if anyone else wished to speak to the application.  Seeing none, he closed the public hearing.

 

Document No. 6334 was read.  Council Member Martin moved to waive the rules and consider the ordinance on first reading.  Council Member Brenton seconded the motion, which procedural motion failed due to lack of a unanimous vote.  Mayor Hawkins stated the ordinance would go to second reading in the second session on April 11, 2005.

 

IX.       ORDINANCES, CONTRACTS AND RESOLUTIONS

 

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

 

Document No. 6335 was read.  Council Member Robertson requested checks numbered 87596 and 88116 be removed and voted on separately.  Council Member Hester requested that check number 87677 be removed and voted on separately.  Council Member Brenton requested that check number 87545 be removed and voted on separately.

 

Council Member Hester moved to approve all other appropriations.  Council Member Robertson seconded the motion.  Council Member Martin asked about check number 87674.  Ms. Boecker stated that the election board requires a deposit for each election in which the City participates.  Deputy City Clerk Jane Sharon stated that the deposit is based on number of political subdivisions participating in the election and the number of registered voters.  She noted that a final invoice is paid following the election when final costs are available.

 

Council Member Brenton asked about check number 87531 for public works’ truck service.  Mr. Hansen said he believed the truck had been in the fleet for a long time and was serviced and cleaned before being transferred to another employee, but he would check and provide information.

 

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 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. 8794.

 

Council Member Martin moved to approve checks numbered 87596 and 88116.  Council Member Brenton seconded the motion.  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 Coe – yes; Council Member Brenton – yes; Council Member Robertson – abstain.  The motion carried 6-0-1; it was approved by the Chair and inscribed in Ordinance No. 8794.

 

Council Member Robertson moved to approve check number 87677.  Council Member Brenton seconded the motion.  Vote on the motion was as follows:  Council Member Collins – yes; Council Member Martin – yes; Council Member Hester – abstain; Council Member Parker – yes; Council Member Coe – yes; Council Member Brenton – yes; Council Member Robertson – yes.  The motion carried 6-0-1; it was approved by the Chair and inscribed in Ordinance No. 8794.

 

Council Member Coe moved to approve check number 87545.  Council Member Martin seconded the motion.  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 Coe – yes; Council Member Brenton – abstain; Council Member Robertson - yes.  The motion carried 6-0-1; it was approved by the Chair and inscribed in Ordinance No. 8794.

 

C.         *SETBACK VARIANCE FOR CREEKWOOD SUBDIVISION – ORDINANCE

 

Document No. 6336 was read.  Council Member Robertson stated he believed this setback ordinance would conform to the UDO and moved to waive the rules and consider the ordinance on first reading.  Council Member Coe seconded the motion, which carried unanimously.

 

Ms. Boecker stated that the setback variance conforms to the recommendations within the UDO.

 

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. 8795.

 

D.        AMEND CHAPTER 28A, “PUBLIC TREE CARE”, OF THE LIBERTY CITY CODE – ORDINANCE

 

Ms. Boecker stated that the tree board efforts with regard to Liberty becoming a Tree City USA were progressing.  She stated the Missouri Department of Conservation had requested an amendment to the ordinance for tree care adopted earlier.  Council Member Martin said the earlier version covered shrubs and plants.  Management Assistant Lyndsay Heal said the amendment covers just trees.  Council Member Hester asked if this shorter version covers potential violations.  Ms. Heal said it does.

 

Document No. 6337 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 Martin seconded the motion, which carried unanimously.  It was approved by the Chair and is inscribed in Ordinance No. 8796.

 

E.         ESTABLISHMENT OF FEE IN LIEU OF PARKLAND DEDICATION – ORDINANCE

 

Document No. 6338 was read.  Mayor Hawkins stated this ordinance would go to second reading on April 11, 2005, along with the UDO.

F.         *CONTRACT WITH BURNS & MCDONNELL ENGINEERING CO. INC. IN AN AMOUNT NOT TO EXCEED $218,824 FOR THE SECOND PHASE OF STORM WATER FINANCING - ORDINANCE

 

Ms. Boecker stated that last June the first phase of the storm water study, which identified costs, was presented to Council.  It was recommended that financing strategies be considered in the second phase and the staff has been negotiating a scope of work for this second phase for the past several months.  Once work begins, it is estimated that this phase would be completed in 14 to 18 months.  Council Member Robertson asked if the purpose of this phase was to entertain the idea of a storm water tax.  Mr. Hansen said the second phase includes more public involvement and education and focuses on strategies for financing.  He said the final phase framework will also be set in this second phase.

 

Document No. 6339 was read.  Council Member Robertson requested this ordinance be taken to second reading.  Mayor Hawkins said this ordinance would go to second reading in the second session on April 11, 2005.

 

G.         *WEST INTERCEPTOR SEWER EMERGENCY REPAIR

 

1.         FINAL AMENDMENT TO CONTRACT WITH HAVENS CONSTRUCTION INC. IN THE AMOUNT OF $186,418 – ORDINANCE

 

Document No. 6340 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 Hester seconded the motion.  Council Member Hester asked if this project is truly completed.  Mr. Hansen said all but the final cleanup is completed and those costs are included in the final contract amendment.  The motion carried unanimously.  It was approved by the Chair and is inscribed in Ordinance No. 8797.

 

2.         ACCEPTANCE OF PROJECT #03-002 – RESOLUTION

 

Council Member Coe moved to approve the project.  Council Member Robertson seconded the motion, which carried unanimously and is inscribed in Resolution No. 2201.

 

H.        *ROAD MAINTENANCE

 

Ms. Boecker stated the next two ordinances were related to the City’s overlay program and chip seal program.  Information on these programs was provided by the public works director in the last packet.

 

1.         CONTRACT WITH SUPERIOR BOWEN ASPHALT COMPANY LLC IN AN AMOUNT NOT TO EXCEED $597,925.95 FOR THE 2005 OVERLAY PROGRAM – ORDINANCE

 

Document No. 6341 was read.  Council Member Brenton moved to waive the rules and consider the ordinance on first reading.  Council Member Martin seconded the motion, which carried unanimously.

 

Council Member Martin asked where the extra funds from 2003 had been spent.  Ms. Boecker stated that funds not spent in previous years had been spread over the remaining years of the program, providing $610,000 in each remaining year until 2010.  Council Member Brenton thanked the staff for expediting the program this year so that it would be easier to determine costs and to review the status in the mid-year review.

 

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. 8798.

 

2.         CONTRACT WITH VANCE BROTHERS, INC. IN AN AMOUNT NOT TO EXCEED $24,988 FOR THE 2005 CHIP & SEAL PROGRAM – ORDINANCE

 

Document No. 6342 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 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. 8799.

 

I.          FRANCHISE AGREEMENT WITH KANSAS CITY POWER & LIGHT – ORDINANCE

 

Document No. 6343 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 Coe seconded the motion.  Council Member Parker asked if KCPL is associated with the contractors working in Claywoods.  Mr. Hansen said that is PAR Electric, not KCPL.  Mr. Parker requested an update on when PAR would be repairing damage it had caused to sidewalks and fences.  Mr. Hansen said the staff has been checking on that and will provide additional information to Council.

 

Council Member Martin asked about the 6% of sales KCPL will pay to the City.  Mr. Hansen said this is sales to customers and there are very few as KCPL operates in a very small area of Liberty near the Ford plant east of 69 Highway.  The motion carried 6-0-1.  Council Member Brenton abstained due to a conflict of interest.  The ordinance was approved by the Chair and is inscribed in Ordinance No. 8800.

 

J.          ACCEPTANCE OF STREET, STORM, GRADING, SANITARY & WATER, CREEKWOOD FIRST PLAT – RESOLUTION

 

Council Member Robertson moved to accept the project.  Council Member Martin seconded the motion, which carried unanimously and is inscribed in Resolution No. 2202.

 

K.        ACCEPTANCE OF STREET, STORM, GRADING, SANITARY & WATER - CLAY MEADOWS SOUTH 2ND PLAT – RESOLUTION

 

Council Member Coe moved to accept the project.  Council Member Martin seconded the motion, which carried 6-0-1.  Council Member Robertson abstained due to a conflict of interest.  The resolution is inscribed in Resolution No. 2003.

 

L.         CONTRACT WITH FOX LAWSON AND ASSOCIATES, LLC, IN AN AMOUNT NOT TO EXCEED $30,000 FOR A PAY AND CLASS STUDY – ORDINANCE

 

Ms. Boecker said a recommendation for a pay and class study was included in the 2004 mid-year review.  This study will establish where the City is and where it needs to be with regard to employee compensation.  Implementation would depend on the financial situation at the time of further review.

 

Document No. 6344 was read.  Council Member Martin moved to waive the rules and consider the ordinance on first reading.  Council Member Coe seconded the motion, which carried unanimously.

 

Council Member Coe moved to approve the ordinance.  Council Member Martin seconded the motion, which carried unanimously.  It was approved by the Chair and is inscribed in Ordinance No. 8801.

 

M.        CONTRACT WITH KANSAS CITY AREA TRANSPORTATION AUTHORITY (KCATA) FOR ADA COMPLIANT RIDES/LIBERTY ACCESS – ORDINANCE

 

Ms. Boecker stated this is an annual allocation for the Liberty Access bus service and supplements the operating budget for this service.

 

Document No. 6345 was read.  Council Member Brenton 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 Brenton seconded the motion, which carried unanimously.  It was approved by the Chair and is inscribed in Ordinance No. 8802.

 

N.        CONTRACT WITH GRASS ROOTS IN AN AMOUNT NOT TO EXCEED $33,650. FOR MOWING OF CITY PROPERTIES – ORDINANCE

 

Ms. Boecker stated that this contract reduces the scope of services, now that a part-time position at the Community Center has been made full-time and that employee now mows the Community Center grounds.  Mayor Hawkins asked if this is an automatic renewal at the same rate.  Ms. Boecker said that is correct.  Mayor Hawkins asked if the cost for mowing at the community center has been removed from the amount of the contract.  Parks and Open Space Manager Steve Rulo said that is correct.

 

Document No. 6345 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 Coe moved to approve the ordinance.  Council Member Martin seconded the motion.  Council Member Hester clarified that the $4,200 difference is covered by staff mowing at the community center.  Mr. Rulo said that was correct.  The motion carried unanimously.  It was approved by the Chair and is inscribed in Ordinance No. 8803.

 

X.         OTHER BUSINESS

 

A.        PURCHASE OF BASEBALL AND SOFTBALL UNIFORMS FROM STASI & MAC IN AN AMOUNT NOT TO EXCEED $32,000 – MOTION

 

Council Member Coe moved to approve the purchase.  Council Member Martin seconded the motion, which carried unanimously.  Sports Complex Manager Dennis Dovel said that an additional 50 to 100 were expected to register.

 

XI.               MISCELLANEOUS MATTERS FROM CITY ADMINISTRATOR

 

Ms. Boecker stated that the CHAT would take place throughout the day Wednesday and Thursday.  She stated that business owners, suppliers, builders and developers had been contacted about the event.  Ms. Boecker added that a final report was scheduled for presentation on April 8.

 

XII.            MISCELLANEOUS MATTERS FROM MAYOR AND CITY COUNCIL

 

Council Member Brenton asked if the staff was aware of the street issues mentioned earlier at Camille Street and Court Louis.  Mr. Hansen said staff would check into the conditions at that intersection.

 

XIII.     ADJOURNMENT

 

The meeting adjourned at 11:26 p.m.

 

                                                                                    __________________________________

Mayor

Attest:

 

 

_____________________________________

Deputy City Clerk