CITY COUNCIL MEETING

MINUTES

MONDAY, JANUARY 27, 2003

 

I.                    CALL TO ORDER

 

A regular meeting of the City Council of the City of Liberty, Missouri was held in the Council Chambers at City Hall on January 27, 2003 with Mayor Stephen P. Hawkins presiding.  Mayor Hawkins called the meeting to order at 7:04 p.m.

 

II.         INVOCATION AND PLEDGE OF ALLEGIANCE

 

            The invocation was given by Council Member Bill Parker, 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; Anna Marie Martin and LeRoy Coe, Ward II; Juarenne Hester, Ward III; and Bill Parker and Jim Robertson, Ward IV.  Also in attendance were Patty Gentrup, City Administrator; Cynthia Boecker, Assistant City Administrator; Steve Hansen, Public Works/Development Services Director; Linda Tyree, Finance Director; Chris Deal, Parks & Recreation Director; Sharon Grimes, Public Relations Coordinator; Kyle Elliott, Planner; Craig Knouse, Police Chief; Bob Kumpost, School Resource Officer; Sara Ott, Assistant to the City Administrator - Human Resources; Jane Sharon, Deputy City Clerk; Scott Faubion, Liberty Tribune; and 4 members of the public.

 

IV.       APPROVE MINUTES AND SUMMARIES

 

A.                 REGULAR SESSION MINUTES OF JANUARY 13, 2003

 

Council Member Coe moved to approve the minutes as distributed.  Council Member Robertson seconded the motion.  Council Member Hadden asked if the reference in the second sentence in the second paragraph on page 5 should be changed with respect to the use of the word “enhanced” when speaking of the KCATA funding.  Mayor Hawkins stated it was used in the common meaning of the word and did not need to be changed.  The motion carried unanimously.

 

B.                 EXECUTIVE SESSION MINUTES OF JANUARY 13, 2003

 

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

 

C.                 SPECIAL SESSION MINUTES OF JANUARY 21, 2003

 

Council Member Hadden moved to approve the minutes as distributed.  Council Member Martin seconded the motion.  Council Member Collins stated he came in late to the special session, but was not listed.  Mrs. Gentrup clarified that the minutes reflected that he came in during the study session but was not present at the special session.  Mr. Collins agreed.  The motion carried 5-0-2.  Council Members Collins and Robertson abstained due to absence.

 

D.                 STUDY SESSION SUMMARY OF JANUARY 21, 2003

 

Council Member Coe moved to approve the meeting summary as distributed.  Council Member Martin seconded the motion, which carried 6-0-1.  Council Member Robertson abstained due to absence.

Council Member Lyndell Brenton joined the meeting at this time.

 

E.                  EXECUTIVE SESSION MINUTES OF JANUARY 21, 2003

 

Council Member Hadden moved to approve the minutes as distributed.  Council Member Hester seconded the motion, which carried 6-0-2.  Council Members Brenton and Robertson abstained due to absence.

 

V.        CITIZENS’ PARTICIPATION – None.

 

VI.       MEETING SCHEDULE

 

Mrs. Gentrup stated that the Tax Increment Financing Commission annual meeting is scheduled for Thurday, January 30, 2003 at 8:00 a.m. at City Hall.

 

VII.      CONSENT AGENDA

 

Mayor Hawkins asked that the street light installation be removed from the consent agenda as Mrs. Gentrup wished to comment on it.

 

A.        AUTHORIZE EXECUTIVE SESSION TO BE HELD IMMEDIATELY FOLLOWING THE FEBRUARY 3, 2003 STUDY SESSION IN THE COUNCIL CONFERENCE ROOM TO DISCUSS PERSONNEL MATTERS, AS AUTHORIZED BY 610.021(3) RSMo – MOTION

 

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

 

B.         AUTHORIZATION FOR STREET LIGHT INSTALLATION – MOTION

 

Mrs. Gentrup stated that staff is still reviewing options for the contract with Aquila but that discussions with Aquila to review options have not occurred and the contract would be on a future agenda.  This is a request for new street lights in two subdivisions.

 

Council Member Hadden moved to approve the motion.  Council Member Coe seconded the motion, which carried 7-0-1.  Council Member Robertson abstained due to a potential conflict of interest.

 

VIII.     PUBLIC HEARINGS

 

A.        REZONE 0.19 ACRES AT 1151 ORCHARD ST. FROM R-1C, STANDARD SINGLE FAMILY RESIDENTIAL DISTRICT TO C-1, NEIGHBORHOOD BUSINESS DISTRICT [CASE NO. 02-1084R– APPLICANT: JOE HOWARD] – ORDINANCE] (To be dismissed without prejudice.)

 

Mayor Hawkins opened and closed the advertised public hearing and announced the case was dismissed without prejudice.

 

B.         *SPECIAL USE PERMIT FOR CONTINUED OPERATION OF A MASSAGE ESTABLISHMENT IN THE JAMES INN, 342 N. WATER ST., IN THE RNC, NEIGHBORHOOD CONSERVATION RESIDENTIAL DISTRICT. [CASE NO. 02-1085SUP – Applicant: Mavid Corp./David Kimbrell] – RESOLUTION

 

Planner Kyle Elliott stated the special use permit is to allow the continued operation of a massage establishment at The James Inn, 342 N. Water Street.  He stated the site is in the RNC, Neighborhood Conservation Residential District and is bordered to the north, west and south by single family homes and to the east by school district offices.  He stated that the application meets requirements of the adequate public facilities ordinance.  Mr. Elliott stated there are currently three special use permits in place at this location.  The first, initially approved in 1992, is to operate a commercial business in the RNC District and was renewed in 2001 for an indefinite period.  The second is for the massage establishment, was first approved in 1996 and has been renewed twice since then.  The third and most recent special use permit is for brunch service, which was approved in 2001 for an indefinite period.

 

Mr. Elliott stated the massage service is mostly for guests of the inn but is available to the public as well.  He stated it has had no impact on the surrounding area and meets all seven findings.  Mr. Elliott stated the Planning & Zoning Commission recommends approval.

 

Mayor Hawkins clarified that “continued use” means the special use permit would be approved for an indefinite period.  Mr. Elliott said that is correct.  Council Member Martin asked if Mrs. Kimbrell is licensed by the State as is required for massage therapists.  Mr. Elliott said she is.

 

Mayor Hawkins opened the public hearing and asked if anyone wished to speak in favor of the application.  David Kimbrell, 400 N. Water St., stated there is very little outside traffic and the service is low key.  He stated that, with only one spa room, the service is primarily for the guests at the Inn.

 

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.  Seeing none, he closed the public hearing.

 

Council Member Coe moved to approve the resolution.  Council Member Parker seconded the motion, which carried unanimously and is inscribed in Resolution No. 2121.

 

IX.       ORDINANCES, CONTRACTS AND RESOLUTIONS

 

A.                 ACKNOWLEDGEMENT OF VENDOR PAYMENTS FROM JANUARY 10, 2003 THROUGH JANUARY 24, 2003 – ORDINANCE

 

Document No. 6017 was read.  Council Member Hadden moved to approve the ordinance.  Council Member Robertson seconded the motion.

 

Council Member Hadden asked about check no. 73101.  Parks & Recreation Director Chris Deal stated that staff is remodeling space in the garage area of the sports complex and Sutherlands did not have the size of wood needed, so the purchase was made at Home Depot.

 

Council Member Brenton asked about check no. 73149, for a land survey.  Mrs. Gentrup stated it was for the renovation and expansion at Fire Station No. 1.  Mr. Brenton asked why the survey was required.  Public Works/Development Services Director Steve Hansen stated that the information was being provided to the architect prior to commencement of construction.  Mrs. Gentrup said staff would provide more information.

 

Mr. Brenton asked about check no. 73191 to the USSSA.  Mr. Deal stated this is a sanctioning fee paid to have tournaments at the sports complex considered a national qualifier.  Mayor Hawkins asked if the three items represent three tournament dates.  Mr. Deal said he would get that information.  Mr. Brenton asked for more information about how this leverages fees to draw tournaments.  Mr. Deal said that was the intent and that one national tournament already scheduled at the sports complex would bring people from all over to Liberty for ten days.  Council Member Hadden asked if the fee is required for each tournament.  Mr. Deal stated he would have to check, but he believed that to be the case.

 

Council Member Martin asked about check no. 73050.  Mrs. Gentrup stated it is for the 175^th anniversary book.

 

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. 8480.

 

B.                 CONTRACT WITH KANSAS CITY AREA TRANSPORTATION AUTHORITY FOR LIBERTY ACCESS BUS SERVICE – ORDINANCE (SECOND READING)

 

Mrs. Gentrup stated that the action report notes these are additional funds identified and the ATA has decided to continue making them available to three cities.  Although the portion has declined in recent years, Liberty’s percentage of that portion has remained constant.  Council Member Hester asked for clarification that the $5,484 is the City’s share and is less than the other two.  Mrs. Gentrup said that was correct.

 

Document No. 6015 was read.  Council Member Hadden moved to approve the ordinance.  Council Member Parker seconded the motion, which carried unanimously;  it was approved by the Chair and is inscribed in Ordinance No. 8481.

 

C.                 CONTRACT WITH BURNS & MCDONNELL IN AN AMOUNT NOT TO EXCEED $15,500.00 FOR ENVIRONMENTAL PERMITTING SERVICES PERTAINING TO THE LIBERTY TRIANGLE - ORDINANCE

 

Council Member Hadden asked about the timeframe for the project.  Mr. Hansen stated it could take as long as four months.  He said if new information comes to light, there may be delays.

 

Document No. 6018 was read.  Council Member Martin moved to waive the rules and consider the ordinance on first reading.  Council Member Hadden seconded the motion, which carried unanimously.

 

Council Member Hester moved to approve the ordinance.  Council Member Martin seconded the motion, which carried unanimously.  It was approved by the Chair and is inscribed in Ordinance No. 8482.

 

D.                 TERRACE AVENUE PHASE II

 

1.                   AUTHORIZATION FOR CONDEMNATION – ORDINANCE

 

Document No. 6019 was read.  Council Member Robertson moved to waive the rules and consider the ordinance on first reading.  Council Member Hadden seconded the motion, which carried unanimously.

 

Council Member Hadden moved to approve the ordinance.  Council Member Hester seconded the motion.  Council Member Brenton asked if there had been no attempts to contact the property owners.  Mr. Hansen stated efforts had been made to contact the property owners, with no response.  Council Member Collins asked if the property owners resided outside Liberty.  Mr. Hansen stated he did not believe so.  Mrs. Gentrup stated it is the practice to continue attempts to contact the property owners and that condemnation is a last resort.  Mr. Brenton asked what the condemnation proceeding would cost the City.  Mr. Hansen stated there is a related fee paid to each of three commissioners and, based on similar actions, it could be $300 to $400.  He stated staff always tries to acquire the properties at no expense as the properties are being improved.  He said the authorization to proceed to condemnation can motivate the owners to respond to City contact.

 

The motion carried unanimously; it was approved by the Chair and is inscribed in Ordinance No. 8483.

 

2.                   ACCEPTANCE OF EASEMENTS – ORDINANCE

 

Document No. 6020 was read.  Council Member Hadden moved to waive the rules and consider the ordinance on first reading.  Council Member Robertson seconded the motion, which carried unanimously.

 

Council Member Hester moved to approve the ordinance.  Council Member Martin seconded the motion, which carried unanimously.  It was approved by the Chair and is inscribed in Ordinance No. 8484.

 

E.                  *AMENDMENTS TO CODE OF ORDINANCES, CITY OF LIBERTY, MISSOURI

 

Mrs. Gentrup said the following amendments were part of an effort to clean up the City Code.

 

Deputy City Clerk Jane Sharon  stated the amendments to the sections of the Code were mostly of a miscellaneous housekeeping nature, with one new section proposed.  She stated that in Chapter 3, Alcoholic Beverages, definitions were being added to clarify the types of liquor that may be sold under certain licenses, allowing light wine to be sold along with malt liquor.  She stated that wine had been allowed under this license, but the description would actually be updated to include light wine alongside malt liquor.  Ms. Sharon stated that the distinction between light wine and wine was the alcoholic content, which is not in excess of 14% for light wine and not in excess of 22% for wine.

 

Ms. Sharon stated that a license for Sunday sales of liquor by the drink by non-profit organizations was being proposed.  She said that State statutes allow non-profits that hold a basic liquor license to add a Sunday sales license without food sales as a prerequisite as it is with for profit businesses.  Mayor Hawkins clarified that this license has been allowed by the State for some time.  Ms. Sharon said that was correct.

 

Ms. Sharon stated that a caterer’s permit is proposed to allow caterers to serve alcohol at locations in Liberty other than the premises for which they hold a license.  She stated that a new requirement was also being proposed to register alcohol sold in kegs, which would provide an additional tool for police to use in ensuring that alcohol is not being sold to or purchased for consumption by minors.

 

Ms. Sharon stated that proposed amendments to Chapter 7, Article II, Amusements, would remove certain items from the definition as amusements.   She stated that, in discussions with the city planner and legal counsel it was determined that some of these events are no longer of such a nature as to require the additional security of background checks and other processes associated with amusement licenses.  She said they can be covered adequately under other sections of the Code, such as occupation

licenses and, if it is an event of short duration, under the temporary special use permit in the zoning ordinance.  She stated the items being removed are:  public masquerades, balls, dance halls, picture shows, theatrical and other exhibitions, miniature golf courses and shows and amusements.

 

 

Ms. Sharon stated that two changes were proposed to Chapter 18, Licenses.  The first, she said, was to add massage therapists and massage therapy establishments to the list of those businesses required to obtain an occupation license to operate in Liberty.  She stated these were removed from the City Code when oversight of the licensure and certifications of massage therapy businesses was returned to the State by legislative action in 2000.  She noted that, while cities no longer oversee the certification of these businesses, they retain the authority to require occupation licenses.  Ms. Sharon stated that businesses in these occupations have continued to obtain licenses in Liberty for the past two years.  Ms. Sharon said this puts back in writing a requirement that was removed when the section pertaining to certification was deleted from the Code without moving the occupation license requirement to this chapter.  Mayor Hawkins clarified this was an oversight.  Ms. Sharon said that was correct.

 

Ms. Sharon said the second amendment to this chapter would exempt non-profits from the occupation license fee, making it consistent with Chapter 7.  She stated that an amusement license is required for some operations in place of an occupation license, so it was determined these sections should be consistent in how they address non-profit organizations.

 

Council Member Hester asked for clarification of the caterer’s permit.  Ms. Sharon stated that if a caterer from Kearney wished to work an event or occasion in Liberty, this permit would allow that.  Council Member Hadden asked if this is only for serving alcohol or selling it too.  Council Member Collins talked about the City’s authority to regulate versus tax in this situation.  Ms. Sharon stated that the City has the authority to make sure the licensee is operating according to City Code.

 

Council Member Brenton asked why the City wouldn’t require caterers outside Liberty to get a Liberty liquor license to sell alcohol in Liberty.  Ms. Sharon said the proposed amendment is based on the City of Independence ordinances related to caterers.  She stated caterers serve alcohol at events and the liquor license covers only the premises at which the caterer is based.  With catering being a mobile business, the permit addresses that.

 

Mayor Hawkins asked if the Code is currently silent on this.  Ms. Sharon stated it is.  Council Member Collins asked how this compares with Sears coming in to do roofing work in Liberty and being required to have a building permit.  Mayor Hawkins stated there is no model that requires it be done this way.  Council Member Martin asked what the liquor license fees are in Liberty.  Ms. Sharon said it depends on the type of license being obtained.  Regular liquor licenses run from $20 for package liquor to $450 annually for intoxicating liquor by the drink.  Sunday sales licenses are an additional $300.

 

Council Member Coe stated there is a big difference between caterers selling and serving alcohol.  Mayor Hawkins asked for more information about how other cities deal with the caterers permit.

 

 

1.         AMEND CHAPTER 3, “ALCOHOLIC BEVERAGES” – ORDINANCE

 

Document No. 6021 was read.  Mayor Hawkins stated this would go to second reading.

 

2.                   AMEND CHAPTER 7, ARTICLE II, “AMUSEMENTS” – ORDINANCE

 

Document No. 6022 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 Coe moved to approve the ordinance.  Council Member Hester seconded the motion, which carried unanimously.  It was approved by the Chair and is inscribed in Ordinance No. 8485.

 

3.                   AMEND CHAPTER 18, “LICENSES” – ORDINANCE

 

Document No. 6023 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 Hester seconded the motion, which carried unanimously.  It was approved by the Chair and is inscribed in Ordinance No. 8486.

 

X.         OTHER BUSINESS

 

A.        PURCHASE OF SPRAYER FOR $8,480.00 AND AERATOR FOR $17,145.00 FROM GREAT AMERICAN TURF – MOTION

 

Council Member Brenton expressed concern about a vendor having exclusive rights on the sale of equipment.  Mr. Deal stated that a year ago the parks’ department went out for bid on equipment for the sports complex.  He stated it was in the three-year capital plan.   At that time, John Deere was the lowest and best bid.  He stated the attachments must also be John Deere to fit properly on the equipment.  Mr. Brenton asked if a guaranteed price was required at that time, otherwise there would be no incentive.  Mrs. Gentrup stated it was not the practice to do that except on a contractual basis.  Mr. Brenton suggested that be considered to be built in to the proposal process.  Mr. Deal stated for the bid, other cities had been consulted and John Deere is considered the best.  Mayor Hawkins asked if more purchases are anticipated.  Mrs. Gentrup stated that would depend on the budget.

 

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

 

XI.               MISCELLANEOUS MATTERS FROM CITY ADMINISTRATOR – None.

 

XII.      MISCELLANEOUS MATTERS FROM MAYOR AND CITY COUNCIL

 

Council Member Collins asked for clarification of the time for the TIF meeting.  Mrs. Gentrup stated it is actually the annual meeting of the TIF Commission and council attendance is not required, but the meeting is scheduled for Thursday, January 30, at 8:00 a.m. at City Hall.  Council Member Brenton asked for notice as soon as possible about whether a quorum would be present.

 

XIII.     ADJOURNMENT

 

 

The meeting adjourned at 8:00 p.m.

 

                                                                                   

                                                                                                __________________________________

                 Mayor

Attest:

 

           

            _____________________________________

      Deputy City Clerk