CITY COUNCIL MEETING
MINUTES
MONDAY, MARCH 24, 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 March 24,
2003 with Mayor Stephen P. Hawkins presiding.
Mayor Hawkins called the meeting to order at 7:00 p.m.
II. INVOCATION AND PLEDGE OF ALLEGIANCE
– LEROY COE
The invocation was given by Council
Member LeRoy Coe, who then led the pledge of allegiance
III. ROLL CALL
Roll call was answered by Mayor Stephen P. Hawkins;
Ed Collins and Coni Hadden, Ward I; LeRoy Coe and Anna Marie Martin, Ward II;
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; Kathy Goode, Assistant Finance Director; Chris Deal, Parks and
Recreation Director; Craig Knouse, Police Chief; Jim Griffey, Acting Fire
Chief; Steve Anderson, Planning and Development Services Manager; Kyle Elliott,
Planner; Steve Rulo, Parks & Open Space Manager; Jane Sharon, Deputy City
Clerk; Scott Faubion, Liberty Tribune; and 12 members of the public.
IV. APPROVE MINUTES AND SUMMARIES
A.
REGULAR
SESSION MINUTES OF MARCH 10, 2003
Council Member Robertson
moved to approve the minutes as distributed.
Council Member Martin seconded the motion, which carried 5-0-3. Council Members Parker, Hadden and Brenton
abstained, due to absence.
V. CITIZENS’ PARTICIPATION
Mayor Hawkins read a proclamation for National
Public Health Week in Liberty during the week of April 7 – 13, 2003. He presented the proclamation to Clay County
Health Center Director Richard Janulewicz.
Mr. Janulewicz stated the health center appreciates the support it
receives from the City. He noted the
annual coloring contest is scheduled at Metro North Mall on Friday, April
4. He said the health center has a levy
increase on the April 8 ballot to fund emergency preparedness related to
bio-terrorism, adult mental health services and general operations.
VI. MEETING SCHEDULE
Mrs. Gentrup stated there would be no meeting March
31 or April 7. The next meeting is
scheduled for Monday, April 14.
A.
APPOINTMENTS
Board of Adjustments
Reappoint
Paul Fessler to a term expiring 04-01-08.
Reappoint
Bill Moorefield to a term expiring 04-01-08.
Reappoint
Karen Sprinkle (alternate) to a term expiring 04-01-08.
Council
Member Brenton moved to approve the appointments. Council Member Hadden seconded the motion, which carried
unanimously.
B. PURCHASE OF AERIAL PHOTOGRAPHY WORK FOR GIS BASE MAPPING
FROM M.J. HARDEN ASSOCIATES IN THE AMOUNT OF $11,500 – MOTION
Council Member Brenton moved
to approve the purchase. Council Member
Hadden seconded the motion, which carried unanimously.
VIII. PUBLIC HEARINGS
Hearing no Council objection, Mayor Hawkins moved
consideration of the amendment to the comprehensive plan to the last item under
public hearings on the agenda.
A.
*SPECIAL
USE PERMIT TO ALLOW A CHURCH TO OPERATE IN THE MP-1, PLANNED, LIGHT INDUSTRIAL
DISTRICT AT 940 SOUTH KENT – RESOLUTION [P&Z CASE NO. 03-1088SUP APPLICANT:
LIBERTY CELEBRATION CENTER]
Planner Kyle Elliott stated
that this special use permit would allow a church to operate in the Liberty
Industrial Park, which is zoned MP-1, Planned Light Industrial District. The site is bounded by Wicklund’s Carstar to
the north, Clay County Sheet Metal to the east, Health South to the south and
warehouse to the west. Mr. Elliott
stated the applicant proposes to renovate the interior into a sanctuary and
meeting space. He noted that parking
was an issue, but the applicant had secured permission from adjacent businesses
to use their parking for the church.
The lease of the warehouse space for the church is for five years and
the parking agreements are for the same period of time. Mr. Elliott said that the application meets
all seven findings for special use permits and the Planning & Zoning
Commission recommended approval of the special use permit for a five-year
period.
Council Member Hester asked
about the five-year period being a departure from recent special use permits
approved for an indefinite period. Mr.
Elliott stated that, with a more permanent use, an indefinite period is
recommended. This is recommended for
the same period of time as the lease agreement.
Council Member Brenton asked
about depleting the square footage in the industrial park, when the staff
report later refers to the land use plan and he questioned whether this is a
complementary use to an industrial park.
Mr. Elliott said the main concern was traffic and since it will be on
Sunday and on occasional evenings, it would not be in conflict with regular
industrial park traffic during the weekdays.
Mr. Brenton expressed concern about the limited amount of light
industrial property available and asked what inventory the City has and how the
City plans to develop what is left. Mr.
Elliott stated that this application, while not the most cost effective use,
does meet the seven findings for a special use permit.
Council Member Martin asked
if the location is currently vacant.
Mr. Elliott said it is.
Mayor Hawkins opened the
public hearing. He asked if anyone
present wished to speak in favor of the application. Warren Swanson, 1329 Park Lane, stated the church currently meets
at Ridgeview Elementary School in the gymnasium. He stated church members have looked in Liberty and in North
Kansas City for affordable space. The
rent is commercial space is double what would be required in this space. He stated the group does not currently have
the funds to build, but they don’t want to leave the Liberty area. Mr. Swanson said the church is growing and
this location would be a stopgap while putting together a plan and the funds to
build. He stated the church has to be
out of the school space in about a year and they are planning ahead. He said that Chicago has many churches
meeting in warehouses and in California, many churches are located in strip
malls.
Council Member Hadden asked
about plans for evening meetings. Mr.
Swanson stated that youth meetings may be scheduled in the future for the early
evening hours. He stated the pastor
would be in the church office during the day, but there are enough parking
spaces designated for this location to accommodate that. Mrs. Hadden asked if those agreeing to share
parking spaces are aware of the possibility of evening meetings. Mr. Swanson said they are.
Council Member Martin asked
if there are to be any other daily uses.
Pastor Michael Kraft said there is a men’s and women’s prayer ministry.
Mayor Hawkins asked if
anyone else wished to speak in favor of the application. Seeing none, he asked if anyone wished to
speak in opposition to the application.
Seeing none, he closed the public hearing.
Council Member Collins moved
to approve the special use permit.
Council Member Coe seconded the motion.
Council Member Brenton again expressed concern about the land use plan
dictating how to grow the city through zoning and he is opposed to changing the
zoning. He said he would feel stronger
if the use were proposed in a commercial setting, due to the possible loss of
revenue. Mr. Brenton said each approval
of this nature reduces that space from the inventory. Mrs. Gentrup clarified that the zoning would remain the same, but
the permit would allow the non-conforming use.
She stated that the property is still owned by a business paying
taxes. Mayor Hawkins agreed the light
industrial district is a precious zoning area, but he is comfortable with the
special use permit.
Council Member Brenton asked
why the property is not subject to the Roadway Development Tax. Mrs. Gentrup stated that is calculated at
the building permit stage. Planning
& Development Manager Steve Anderson stated that the grace period for lots
already platted is still in effect until January 2004 and the church use
exempts it as well. Mr. Brenton stated
the property owner is not a non-profit organization. He asked why no traffic study was required.
Mayor Hawkins commented that
if the property is zoned industrial first but
is used for a church, does it make a difference. Mr. Anderson said they look at the use for a
property. Council Member Robertson said
the church would have little or no traffic during the peak hours for which the
development tax is calculated. Pastor
Kraft stated there are three empty spaces in the same warehouse that have been
vacant for some time. He said the price
difference in rent and the businesses shutting down weekdays by 6:00 p.m.,
gives the church the opportunity to have services and programs on Sunday or on
weeknights that don’t begin until 7:00 p.m.
The motion carried
unanimously and is inscribed in Resolution No. 2125.
B. *TUNNEL CAR WASH AT BROWN STREET AND SUTTON PLACE
[APPLICANT: ROGER CROWLEY]
1. REZONE 1.9 ACRES IN THE MP-1, PLANNED, LIGHT INDUSTRIAL
DISTRICT AT THE SOUTHEAST CORNER OF BROWN AND SUTTON PLACE TO ALLOW A TUNNEL
CAR WASH – ORDINANCE [P&Z CASE NO. 03-1089R]
Mr. Elliott stated this
application proposes to rezone 1.9 acres in the MP-1, Planned Light Industrial
District, to C-2, General Business District.
The property is also in the Liberty Industrial Park. He stated there are adequate public
facilities available to the site located at the boundary between light
industrial and commercial zoning districts.
Mr. Elliott stated the Planning & Zoning Commission determined the
use is consistent with surrounding sites and recommends approval of the
rezoning.
Council Member Brenton asked
for clarification that this rezoning is also not subject to the Roadway
Development Tax because no new traffic would be generated and this application
is also within the window where the tax is not applied. Mr. Anderson said that was correct. Mr. Brenton stated the report should have
said it was not subject due to the time frame.
Mr. Anderson stated a rezoning does not trigger any activity. Mrs. Gentrup stated the application of the
Roadway Development Tax should not have been referenced in this report.
Council Member Martin asked
if the rezoning would be for the entire property. Mr. Elliott said it would be, although the property to the west
of a proposed car wash does not develop the land to the west. Council Member Hester asked for
clarification of the staff’s recommendation.
Mr. Elliott stated the staff recommendation to the Planning & Zoning
Commission was to deny the application.
Mrs. Gentrup stated the Commission recommended approval.
Council Member Martin asked
how the proposed plan here compares to the Green Lantern application. Mrs. Gentrup stated that this application is
specific to rezoning the property and does not address the site plan.
Council Member Hester asked
if there is enough space for more than one development. Mr. Elliott said there is to the west and,
if the rezoning is approved, development would be according to C-2
requirements. There was a brief
discussion about the history of the area, with the surrounding property all
being zoned light industrial at one time.
Mayor Hawkins opened the
public hearing and asked if anyone present wished to speak in favor of the
application. Roger Crowley, 2155 Oak
Crest, stated he had done lots of research and the car wash industry is now
segmented, with what is now available at gas stations and a full-service tunnel
concept emerging. He stated there are
two in existence. One just opened at 69th
and North Oak and Green Lantern in Liberty.
He stated the research indicates there is room in Liberty for two car
washes of this type. He said the
business would come from within a five-mile radius. Mr. Crowley said this would be very upscale and create a visual
effect from the street. He said they
were looking to dovetail development of the adjacent lot. He said they have been working hard to get
everyone comfortable with what is developed.
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.
Document No. 6044 was
read. Council Member Coe moved to waive
the rules and consider the ordinance on first reading.
Council Member Robertson
moved to approve the ordinance. Council
Member Parker seconded the motion.
Council Member Hester stated it is a beautiful project but she was
having trouble supporting rezoning a small spot zoned industrial now. The motion carried 6-2-0. Council Members Hadden and Hester voted in
opposition. The motion was approved by
the Chair and inscribed in Ordinance No. 8507.
2. SITE PLAN APPROVAL OF A NEW 8,700 SQ. FT. TUNNEL CAR WASH
– RESOLUTION [P&Z CASE NO. 03-210SP] (to be continued)
Council Member Brenton moved
to continue consideration of the site plan to the April 28, 2003 regular
session. Council Member Martin seconded
the motion, which carried unanimously.
C. *AMENDMENT TO COMPREHENSIVE PLAN TO ADOPT PARKS AND OPEN
SPACE MASTER PLAN – RESOLUTION [P&Z CASE NO. 03-1087A; APPLICANT: CITY OF
LIBERTY] (Continued from February 24, 2003 regular session to March 24, 2003
regular session)
Mr. Anderson stated that the
parks and open space master plan is the third phase in updating the City’s
comprehensive plan, following adoption of the land use plan and the economic
development plan. He stated the two
maps in this plan provide tools with which to interpret the plan and, just as
with the previously adopted components of the comprehensive plan, additional
ordinances will likely be proposed to implement the elements of the plan. Mr. Anderson stated the parks plan has three
main parts: an assessment of current
conditions and policies; recommendations and goals for improving the existing
system; and a master map showing the type and location of recommended
facilities.
Mr. Anderson stated the plan
has been developed over the last year and was coordinated by a steering
committee comprising representatives from the Parks Board, Planning &
Zoning Commission and City Council.
Citizen input was obtained through a survey. Mr. Anderson reviewed the survey results, which pointed to
interest in a continuation of the trail system development, indoor programs for
youth and pocket parks. He reviewed the
map, which identifies the recommended locations for future parks and noted the
plan would be used to determine where, in a development, a park would be most
appropriate. He said that storm water
detention areas would be folded into parks planning.
Mr. Anderson showed the map
noting the park zones would be reduced to three under the recommended plan,
instead of the eleven that currently exist.
He stated this would allow for better utilization of park funds.
Mr. Anderson also noted that
recommendations include budgeting for new community park sites as well as for a
second community center site. He said
the plan calls for retaining existing parkland dedication requirements and
adding requirements for dedication of open space for commercial
and industrial development. He stated the plan calls for an annual
review of payments in lieu of parkland dedication. Mayor Hawkins asked if a mechanism is proposed for valuation. Mr. Anderson said there is and the amount
would start at $12,000 per acre. There
is also a parkland development fee being proposed.
Council Member Parker asked
if the dollars created in one area can be used in another. Mr. Anderson said the Park Board would look
at the fee in lieu of parkland dedication and recommend a use in that
zone. He reviewed the new zone
demarcations and said Zone 1, in the eastern half of the City is based on
industrial development to the north and low density residential to the
south. Mr. Parker said he would rather see
the City divided into quarters for parkland.
Mrs. Gentrup said the problem is the eleven zones in place now make it
difficult to use the dollars. Mr.
Parker said even the three zones would make it difficult to get the dollars
into the area where they are needed. He
said he could not vote for the plan with the three-zone designation as
proposed.
Parks & Recreation
Director Chris Deal stated that the city’s two largest parks – Martha LaFite
and Stocksdale as well as the Fountain Bluff Sports Complex are in Zone 1. The Council decides how dollars in these
zones would be spent and the funds from park fees in lieu of land dedication
are just part of the funding used for parks.
Many communities, Mr. Deal said, do not split the city into park zones,
but there is more flexibility with this proposed structure. Mr. Deal said this works in combination with
other revenue sources. Mayor Hawkins
said there is more parkland dedicated with developments than fees paid in lieu
of dedication. Council Member Brenton
stated the northern part of Zone 1 is mostly industrial and so placing it in a
separate zone would reduce, not increase, the dollars for the southern part of
that proposed zone. Mr. Parker said
there is room in the north for parks.
Mr. Brenton stated neighborhood parks are wanted in the south.
Council Member Hester asked
if the map would mean no surprises in where parkland would be identified as
part of development. Mr. Anderson said
that is correct, if the developer uses due diligence. Mrs. Hester asked about the manner in which the Fountain Bluff
Sports Complex functions as a community park.
Mr. Deal stated that since the opening this year, many tournaments have
been scheduled. He said the sports
complex is about ready to open seven days a week. This will provide access to walking trails, playgrounds, shelters
much more than last year. Mrs. Hester
asked if these opportunities have been publicized. Mr. Deal said they had.
Council Member Martin asked
if the designation as a neighborhood or regional park is determined by
size. Mr. Deal said that is
correct. Mrs. Martin asked if the
sports complex is large enough for designation as a community park. Mr. Deal said it is.
Council Member Hester asked
about the current market value being used to determine the fee in lieu of
parkland dedication and the research done to identify $12,000 as a starting
value. Mr. Anderson said in order for
the fee to be increased, the Council would have to amend the subdivision regulations. The means by which the fee would be
determined and increased has not yet been mandated. Mayor Hawkins asked how that might come before Council for
consideration. Mr. Anderson said the
Parks Board and Planning and Zoning Commission would consider the amendment and
the Commission would recommend action to the Council. Mrs. Hester asked if the change would be proposed soon. Mr. Anderson stated it would be at Council’s
direction. He said the fee should have
been revisited, but wasn’t. It should
be reviewed every two years or so. Council
Member Hadden asked how that review would take place. Mr. Anderson said it would likely be based on consumer and market
indexes. Mrs. Hadden stated it puts the
onus on the Council to evaluate the fee.
Council Member Robertson
said he would like to be able to look at the park map in comparison to the
future land use map, but it is hard to interpret the park map. He asked to see it in color. He said Planning & Zoning Commission had
concerns about where the parks would be placed. Mr. Anderson noted the park areas are in yellow and the
traditional neighborhood developments are where the village greens are
located. He stated there is a table
noting what the dots mean by size.
Mr. Robertson said the
traditional neighborhoods are not noted on the park map. Mr. Anderson stated the village greens are
in traditional neighborhood developments.
Mr. Robertson asked if the
City could use the $12,000/acre valuation for detention basin buy-back. Mr. Anderson said the recommendation is for
the City to get in ahead of time. Mrs.
Gentrup said that districting would come back for separate action. Mr. Anderson said that adopting the map by
adopting the plan gives the authority to collect funds. Mayor Hawkins suggested it has to be
considered together.
Mayor Hawkins opened the
public hearing and asked if anyone present wished to speak in favor of the
plan. Seeing none, he asked if anyone
present wished to speak in opposition to the plan. Seeing none, he closed the public hearing.
Mayor Hawkins suggested the
plan come to Council in a study session to discuss issues raised about the map
and the park zones. Council Member
Hadden moved to continue consideration of the plan to the April 28, 2003
regular session and for the plan to come to Council for additional discussion
at the April 21 study session. Council
member Parker seconded the motion, which carried unanimously.
A.
ACKNOWLEDGEMENT
OF VENDOR PAYMENTS FROM MARCH 7, 2003 THROUGH MARCH 21, 2003 – ORDINANCE
Document No. 6045 was
read. Council Member Hadden moved to
approve the ordinance. Council Member
Martin seconded the motion. Council
Member Hadden asked about check no. 74519 to Liberty High School for
restitution. Assistant Finance Director
Kathy Goode said it was a pass through from Municipal Court from an individual
required to pay restitution for damage.
Council Member Brenton asked
about a check to Immacolata Manor. Mrs.
Goode said she would check on it and provide information in the next
packet. Mr. Brenton asked about check
no. 74606 to Best Access Systems for parks lock cores. Parks & Open Space Manager Steve Rulo
stated the charge was for changing out the locks for the lights. He said keys are distributed for league play
and several did not get returned so the lock cores were changed and should last
for five to six years. Mr. Brenton
asked if a deposit is required. Mr.
Rulo said a deposit system was started last year.
Mr. Brenton asked about
check no. 74656 to MTC for printer maintenance. Mrs. Goode said she would find out which printers had been
serviced. Mr. Brenton asked about seven
checks to MARCIT, which appear to be deductibles. Assistant City Administrator Cynthia Boecker stated that
deductibles had gone up in the last year.
Mr. Brenton asked why the City did not consider paying the amount
directly if it is less than the deductible, so it does not get added to the
City’s loss history. Ms. Boecker stated
that, as an example, MARCIT provides adjusters for sewer backups. Mayor Hawkins said the explanation is in the
process and the City pays MARCIT for third party services.
Council Member Martin asked
about check no. 74993. Mrs. Gentrup
stated that staff would provide details.
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. 8508.
Council Member Robertson
left the meeting at this time.
B. *DUNCAN
FIELDS
Council Member Martin moved
to remove Case No. 02-1063FP from the table for consideration. Council Member Hester seconded the motion,
which carried 7-0-1. Council Member
Robertson abstained due to a potential conflict of interest.
1. FINAL PLAT FOR
DUNCAN FIELDS, LOCATED EAST OF THE TERMINUS OF NORTHPOINT AVE. [CASE NO.
02-1063FP, APPLICANT: SJL, LLC] – ORDINANCE (tabled at October 28, 2002
Regular Session)
Mr. Anderson stated that
this final plat had been tabled at the October 28, 2002 regular session to
allow the applicant and adjacent property owners to resolve a property
dispute. He reviewed the final plat,
including access via an extension of Northpoint Ave. to the northwest. He stated the property is about 36 acres and
the plat contains 90 single-family lots.
Mr. Anderson noted that a rezoning and preliminary plat of the property
were approved in June 2002 and the final plat does not deviate from the
preliminary plat. He pointed out the
stub streets on the north and south sides of the final plat and stated that all
requirements for adequate public facilities can be met. He stated that storm water management has
been more closely identified as north of the development site. Mr. Anderson stated that the conservation
easement would preserve the integrity of the creek and no development or fences
would be allowed in the designated easement.
He stated that a fee in lieu of parkland dedication in the amount of
$21,600 would be required. Mr. Anderson
stated that the Planning & Zoning Commission recommends approval.
Council Member Hester asked
about the approximate location of Rush Creek Parkway in relation to this
development. Mr. Anderson pointed out
its location and stated that the hospital would construct approximately half
the Parkway with its current construction project. Council Member Brenton asked for clarification of where the south
part of Rush Creek Parkway would tie in to Lightburne. Mr. Anderson stated it would not be as far
south as originally planned.
Document No. 5923 was
read. Council Member Coe moved to
approve the ordinance. Council Member
Martin seconded the motion. Council
Member Brenton asked if this development would be subject to the Roadway
Development Tax and the new sewer and water connection fees. Mrs. Gentrup said it would. The motion carried 7-0-1. Council Member Robertson abstained due to a
potential conflict of interest. It was
approved by the Chair and is inscribed in Ordinance No. 8509.
Council Member Hadden moved
to remove the development agreement for Duncan Fields from the table for
consideration. Council Member Parker
seconded the motion, which carried 7-0-1.
Council Member Robertson abstained due to a potential conflict of
interest.
2. DUNCAN FIELDS
DEVELOPMENT AGREEMENT – ORDINANCE (tabled at October 28, 2002 Regular
Session)
Document No. 5954 was
read. Council Member Hadden moved to
approve the ordinance. Council Member
Coe seconded the motion. Council Member
Brenton asked for clarification that parkland dedication is not part of the
development agreement. Mrs. Gentrup
said it is not. The motion carried
7-0-1. Council Member Robertson
abstained due to a potential conflict of interest. It was approved by the Chair and is inscribed in Ordinance No.
8510.
Council Member
Robertson returned to the meeting at this time.
C. ACCEPTANCE
OF STREET, STORM, SANITARY, GRADING AND WATER FOR PARKVIEW MEADOWS 2ND
PLAT – RESOLUTION
Council Member Brenton moved
to approve the resolution. Council
Member Robertson seconded the motion, which carried unanimously and is
inscribed in Resolution No. 2126.
D. ADOPTION
OF COMPENSATORY TIME OFF POLICY – RESOLUTION
Mrs. Gentrup stated that Assistant
to the City Administrator – Human Resources Sara Ott was unavailable but had
prepared the report. Mrs. Gentrup
stated that two goals had driven the preparation of this change – consistency
among departments and the possibility of reducing overtime costs. She stated this applies only to non-exempt
employees. There are currently 35
employees that are exempt and not eligible to accrue compensatory time. Mrs. Gentrup stated that compensatory time
would be accrued at time and a half, just like overtime and that it could be
used at the discretion of the supervisor.
Mrs. Gentrup stated that a
review of other communities indicated a mid-range of compensatory time that
could be accrued of one hundred twenty hours.
Because of their shifts, firefighters accrue up to 150 hours. The compensatory time must be paid out when
the employee separates from service.
She noted the total liability, if all eligible employees had accrued the
maximum compensatory time hours and separated from service at the same time, would
be $340,000. She said a more reasonable
figure would be $14,000 and compensatory time would come out of department
budgets in the same manner as overtime.
Budgets will be monitored, she said, to ensure that both payouts of
overtime and compensatory time are not depleting the budget.
Council Member Martin asked
how employees could be required to use compensatory time and not report for
work. Mrs. Gentrup said some employees
such as those at the sports complex would use it more than others. Council Member Hester asked if there is any
estimate of the savings in overtime.
Mrs. Gentrup said there is not an estimate at this time, but it would be
monitored and a report could be provided later. Council Member Coe asked if the employees could take the compensatory
time anytime. Mrs. Gentrup said it
would be at the discretion of the employee.
Mr. Coe asked if the City pays double time for any situation. Mrs. Gentrup said it does not.
Mayor Hawkins asked if this
is recognizing what already exists and setting a policy to address it. Mrs. Gentrup said compensatory time has not
been paid out in the past. Council
Member Parker asked what the maximum number of hours an employee could accrue
in compensatory time. Mrs. Gentrup said
it would be 120 hours that could be kept and paid out when separated from
service or used for time off. Mr.
Parker asked if the time off is up to the City. Mrs. Gentrup said it was but that the supervisory staff would
work with the employee. Mr. Deal said
that most communities that offer compensatory time have indicated the employee
uses it within a year.
Council Member Coe asked
about the employees that are exempt but don’t make much more than the
non-exempt. Mrs. Gentrup stated they
cannot accumulate compensatory time due to the Fair Labor Standards Act
(FLSA). She noted that these employees
had received a 2% contribution to their ICMA accounts from the City until
January. Mr. Coe expressed concern that
this group would not receive the same option.
Council Member Brenton stated
he is opposed to the fire employees being able to accrue more hours. He said that, to the extent possible, the
City’s policy is to treat all employees the same. He asked if a common ground couldn’t be found. He asked why the compensatory time would be
included
in the overtime budget and
not regular payroll. Mr. Brenton asked
why the 30 hours difference between firefighters and other employees. Mayor Hawkins said, given the work schedule,
the only difference may be payout at separation. He asked if other communities make the same distinction. Mrs. Gentrup said they did.
Council Member Hadden moved
to approve the resolution. Council
Member Martin seconded the motion.
Council Member Brenton moved to amend the motion to allow 150 hours for
all employees. Council Member Hester
seconded the motion to amend, which carried 5-3-0. Council Members Hadden, Collins and Martin voted in opposition. Mayor Hawkins said he hoped the Council
understood the reason why there is a difference in other communities. Mrs. Gentrup stated that the time accrued
would be two-weeks for general employees and in four shifts for firefighters,
who generally work 50 hours a week. The
motion to approve the resolution as amended carried 6-2-0. Council Members Martin and Collins voted in
opposition. It is inscribed in
Resolution No. 2127.
XI.
MISCELLANEOUS
MATTERS FROM CITY ADMINISTRATOR
XII. MISCELLANEOUS MATTERS FROM MAYOR AND
CITY COUNCIL
Council Member Robertson asked about
the status of the South Liberty Parkway.
Mrs. Gentrup stated it is on schedule and bids should go out in May or
June.
XIII. ADJOURNMENT
The
meeting adjourned at 9:26 p.m.
__________________________________
Mayor
Attest:
_____________________________________
Deputy City Clerk