CITY COUNCIL MEETING
MINUTES
MONDAY, APRIL 28, 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 April 28, 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
The invocation was given by Council Member Coni Hadden,
who then led the pledge of allegiance.
III. ROLL CALL
Roll
call was answered by Mayor Stephen P. Hawkins; Ed Collins and Coni Hadden, Ward
I; LeRoy Coe and Anna Marie Martin, Ward II; Lyndell Brenton and Juarenne
Hester, Ward III; and Bill Parker and Jim Robertson, Ward IV. Also in attendance were Patty Gentrup, City
Administrator; Cynthia Boecker, Assistant City Administrator; Steve Hansen,
Public Works/Development Services Director; Linda Tyree, 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; Donna Kay Taylor, Community Center Manager;
Jane Sharon, Deputy City Clerk; Summer Harlow, The Kansas City Star; and 6
members of the public.
IV. APPROVE MINUTES AND SUMMARIES
A.
REGULAR SESSION MINUTES
OF APRIL 14, 2003
Council Member Hadden moved to approve the minutes as
distributed. Council Member Brenton
seconded the motion, which carried 7-0-1.
Council Member Robertson abstained, due to absence.
B.
SPECIAL SESSION MINUTES
OF APRIL 21, 2003
Council Member Hester moved to approve the minutes as
distributed. Council Member Martin
seconded the motion, which carried 7-0-1.
Council Member Hadden abstained, due to absence.
C.
STUDY SESSION MEETING
SUMMARY OF APRIL 21, 2003
Council Member Hester moved to approve the minutes as
distributed. Council Member Martin
seconded the motion, which carried 7-0-1.
Council Member Hadden abstained, due to absence.
D.
EXECUTIVE SESSION
MINUTES OF APRIL 21, 2003
Council Member Hester moved to approve the minutes as
distributed. Council Member Martin
seconded the motion, which carried 7-0-1.
Council Member Hadden abstained, due to absence.
V. CITIZENS’ PARTICIPATION
A.
Proclamation for
Soroptomists International of Liberty – 40th Anniversary
Mayor Hawkins read the proclamation celebrating the
Soroptomists 40th anniversary and presented it to Liberty
Soroptomist President Jan McCloud.
B.
Proclamation for Liberty
Day of Fasting and Rejoicing May 1, 2003
Mayor Hawkins read the proclamation for the National
Day of Fasting and Rejoicing and presented it to Rean Duncan. Ms. Duncan thanked the mayor and invited all
to participate in the annual event culminating in the Community Prayer
breakfast at the Community Center on Friday, May 3. Council Member Collins said that the prayer breakfast is also a
fundraiser for the Fellowship of the Concerned that provides assistance in the
community.
C.
Proclamation for
National Historic Preservation Week – May 5 – 12, 2003
Mayor Hawkins read the proclamation designating
historic preservation week in Liberty and presented the proclamation to Jerry
Brant, who chairs the Preservation and Development Commission. Mr. Brant announced a reception to be held
at the Corbin Theater Group building on the Square, May 7, at 5:00 pm.
VI. MEETING SCHEDULE
Mrs.
Gentrup stated the meeting schedule stands as printed, with both a special and
study session now scheduled for May 19.
The Tuesday regular session after Memorial Weekend has been cancelled.
Council Member Hadden asked that item B be removed
from the consent agenda and voted on separately.
A.
APPOINTMENTS
Liberty Community Christmas Tree
Advisory Commission
Reappoint Steve Haymes to a term expiring 5-1-06
Reappoint David Chamberlain to a term expiring 5-1-06
Council Member Hadden moved to approve the
appointments. Council Member Robertson
seconded the motion, which carried unanimously.
B. APPOINTMENT
OF GARY BIRCH AS FIRE CHIEF – MOTION
Council Member Hadden moved to approve the
appointment. Council Member Martin
seconded the motion, which carried unanimously. Mrs. Gentrup stated that 48 applications had been reviewed and
the field narrowed to six applicants. A
panel interview, community tour, and meeting with the department were included
in the recruitment process. Mr. Birch
will begin with the City on June 1 and a welcoming reception is scheduled for
June 9.
C. APPROVAL
OF FIREWORKS DISPLAY FOR CELEBRATION LIBERTY – MOTION
Council Member Hadden moved to approve the
appointments. Council Member Robertson
seconded the motion, which carried unanimously.
D. AUTHORIZE
EXECUTIVE SESSION TO BE HELD MAY 5, 2003 IN THE COUNCIL CONFERENCE ROOM
IMMEDIATELY FOLLOWING THE STUDY SESSION TO DISCUSS REAL ESTATE MATTERS, AS
AUTHORIZED BY 610.021(2) RSMo AND CONTRACT NEGOTIATIONS, AS AUTHORIZED BY
610.021(12) RSMo – MOTION
Council Member Hadden moved to approve the
appointments. Council Member Robertson
seconded the motion, which carried unanimously. Mrs. Gentrup stated the correct date for Celebration Liberty is
Saturday, June 28.
VIII. PUBLIC HEARINGS
A. AMENDMENT
TO COMPREHENSIVE PLAN TO ADOPT PARKS AND OPEN SPACE MASTER PLAN [P&Z CASE
NO. 03-1087A; APPLICANT: CITY OF LIBERTY] – RESOLUTION (Continued from
February 24, 2003 regular session and the March 24, 2003 regular session)
Mayor Hawkins asked if
council members had any additional questions.
Council Member Robertson asked if the recommendations in the plan become
law upon the plan’s approval. Mrs.
Gentrup stated that the plan concept and zones are being approved, but as with
the land use plan, ordinances will come back to Council as the plan is being
implemented. Mayor Hawkins reiterated
that the plan contains suggestions, not doctrine.
Council Member Martin moved
to approve the resolution. Council
Member Hester seconded the motion, which carried 6-2-0. Council Members Parker and Robertson voted
in opposition. The resolution is
inscribed in Resolution No. 2128.
A.
ACKNOWLEDGEMENT OF
VENDOR PAYMENTS FROM APRIL 11, 2003 THROUGH APRIL 25, 2003 – ORDINANCE
Council Member Robertson asked that check no. 75275 be
removed and voted on separately.
Document No. 6047 was
read. Council Member Robertson moved to
approve the ordinance. Council Member
Hadden seconded the motion.
Council Member Brenton asked
about check no. 75291 to Townsend and whether the City had partnered with
anyone on the trip. Parks &
Recreation Director Chris Deal this was a trip arranged for the Liberty seniors
and expanded to seniors in the community through this advertisement. He said nine were needed for the trip to go
and only two signed up so the trip was cancelled. Mr. Brenton asked how the travel vendor was selected for the trip
and expressed concern about essentially advertising for that vendor in the
ad. Mr. Deal said that this is a
service used by other parks departments and it provides an opportunity for a
different kind of activity for seniors in Liberty. Council Member Collins asked if it is similar to offering tickets
to Worlds of Fun. Mr. Brenton said they
don’t have to approve an expense for that service.
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. 8512.
B.
*SITE PLAN APPROVAL OF A
NEW 8,700 SQ. FT. TUNNEL CAR WASH [P&Z CASE NO. 03-210SP] – RESOLUTION (Continued
from the March 24, 2003 Regular Session)
Planner Kyle Elliott reviewed the site plan for a
tunnel car wash in the Liberty Industrial Park. He said that rezoning for the property to C-2, General Business
District, had been approved by Council in March. This zoning allows car washes outright. He stated that adequate public facilities are available to the
site and all services can be connected.
He stated that an on-site basin would address storm water and a
facilities easement with the county would be required. Mr. Elliott stated that the property was
platted prior to January 2002 and the Roadway Development Tax would not apply
if permits were pulled before January 2004.
Mr. Elliott stated three vacuum islands would be part
of the facility. He said that the
Planning & Zoning Commission continued the application in March for
revision to the sight distances. A
revised plan came forward to the Commission in April, he said. Mr. Elliott reviewed the sidewalks for the
site, the landscape plan and noted there would be no free-standing lighting
fixtures.
Mr. Elliott stated the car wash would occupy 2/3 of
the site and there is adequate space for another use. He stated the Planning and Zoning Commission recommended approval
with the stipulation that “the primary façade material for the structure shall
be brick or split-faced block.”
Council Member Hester asked about the detention
area. Mr. Elliott said the area would
only contain water when it rained. He
said it will be a slight depression.
Council Member Hadden asked about the split-based block for the
façade. Mr. Elliott stated the tone and
texture are similar to what is in the rest of the area. Council Member Collins asked about traffic
patterns. Mr. Elliott stated customers
would enter and exit from Sutton Place.
Council Member Brenton asked what access a new business would use if
added to the undeveloped part of the tract.
Mr. Elliott said the Sutton Place access was considered adequate for any
additional traffic an additional business would bring to the site. He said that was a benefit of the
design. Planning & Development
Services Manager Steve Anderson said there would only be the one curb cut for
the site. Mrs. Hadden asked about
parking for any additional business.
Mr. Elliott said there would be room for sufficient parking. Council Member Hester asked about the
location of the storm water detention.
Mr. Elliott said it would be at the northwest corner of the site. Mayor Hawkins clarified that car wash water
would be handled through regular channels.
Mr. Elliott said that was correct.
Council Member Robertson moved to approve the
resolution. Council Member Hester
seconded the motion, which carried unanimously and is inscribed in Resolution
No. 2129.
Council Member Robertson left the meeting at this
time.
C.
*OLDCASTLE – LIBERTY
DEVELOPMENT OF ONE 32.13 ACRE LIGHT INDUSTRIAL LOT NORTHEAST OF OLD 210 HIGHWAY
AND LIBERTY LANDING ROAD
Mr. Elliott reviewed the preliminary plat proposed for
a lot northeast of Old 210 Hwy. and Liberty Landing Road. He stated that safety improvements would be
required to the roadway with an eastbound left turn lane needing to be added on
Old 210 Hwy. at the site. He said the storm
water drainage would be to the south and the two lots are fairly level. He said that the property is in a designated
flood plain so the elevation would have to be above the designated level.
The Planning & Zoning Commission recommended
approval of the preliminary plat.
Mr. Elliott reviewed the final plat, which conforms to
the preliminary plat. He stated that
the Planning & Zoning Commission recommends approval.
Mr. Elliott then reviewed the site plan for the 31,000
plus sq. ft. facility. He stated the
company would be making concrete landscaping pavers. These would be picked up from this facility and distributed
regionally to home improvement centers.
Mr. Elliott stated that the truck traffic would add no obvious
vibrations to the road. The building
would face south and have windows. The
final floor elevation would have to be brought up about 3 feet to address the
flood plain requirements. He stated
that the Planning & Zoning Commission with the following stipulations: 1) the eastbound left-hand turn lane must be
constructed prior to occupancy of the building; and 2) the berm located in the
northwest corner of the lot shall be removed, but the landscaping proposed for
the berm area shall be retained. He
stated that the development is subject to the Roadway Development Tax in the amount
of $28,367.43.
Council Member Hester asked if the detention would be
an open pond. Mr. Elliott said it would
allow the storm water to flow over the grass.
Council Member Hadden asked about the function of the taller area of the
building. Mr. Elliott said there would
be a spiral stairway to observe the mixing.
Council Member Martin asked if the weight of the loads would add stress
to Old 210 Hwy. Public
Works/Development Services Director said it was not a concern as the road was
an old state highway and could handle the traffic. Mrs. Martin asked for clarification of where the storm water
runoff would be directed. Mr. Elliott
stated it would be natural drainage from north to south and would flow over the
grass. It would allow particles to be
cleaned from the water heading east to the channel. Mrs. Martin asked if it was aesthetically designed. Mr. Elliott said it was.
1. PRELIMINARY PLAT – (P&Z CASE NO.
03-1091PP; APPLICANT: OLDCASTLE
COMPANY] – RESOLUTION
Council Member Brenton moved to approve the
preliminary plat. Council Member Martin
seconded the motion, which carried 7-0-1.
Council Member Robertson abstained due to a potential conflict of
interest. The resolution is inscribed
in Resolution No. 2130.
2. FINAL PLAT – [P&Z CASE NO.
03-1092FP; APPLICANT: OLDCASTLE
COMPANY] – ORDINANCE
Document No. 6047 was read. Council Member Martin moved to waive the rules and consider the
ordinance on first reading. Council
Member Hadden seconded the motion, which carried unanimously.
Council Member Hadden moved to approve the final plat. Council Member Hester seconded the motion,
which carried 7-0-1. Council Member
Robertson abstained due to a potential conflict of interest. The ordinance was approved by the Chair and
is inscribed in Ordinance No. 8513.
3. SITE PLAN FOR CONSTRUCTION OF A NEW
31,000 SQ. FT. LIGHT INDUSTRIAL BUILDING [P&Z CASE NO. 03-211SP;
APPLICANT: OLDCASTLE COMPANY] –
RESOLUTION
Council Member Coe moved to approve the site
plan. Council Member Martin seconded
the motion. Council Member Brenton
asked of the product would be sold at the site. Andy Vernick with OldCastle, stated he is the general manager at
the Michigan facility. He
stated the primary market is to home centers and a
high-end product line to installers. He
said they would not be selling on site.
The motion carried 7-0-1.
Council Member Robertson abstained due to a potential conflict of
interest. The resolution is inscribed
in Resolution No. 2131.
Council Member Robertson returned to the meeting at
this time.
D.
AGREEMENTS WITH AQUILA
FOR STREET LIGHTS
Mr. Hansen stated that this proposal renews an
agreement with Aquila made in 1992. He
stated that it had gone to second reading at the request of Council to review
options for a shorter term contract. He
stated that this agreement is for two years with automatic renewals for an
additional two years unless the City notifies Aquila 180 days prior to
expiration of the agreement. He stated
that the original contract had a credit for outages. He stated that no longer is included. Mr. Hansen stated that Aquila had worked through problems with
bad bulbs and the product being used now has a longer life span. Mrs. Gentrup stated the term of the contract
was the biggest change.
Mayor Hawkins asked if people are informed of the
number to call when street lights are out.
Mr. Hansen stated that Aquila has asked the City to encourage people to
call and report outages. Council Member
Parker said that, by reporting the pole number, Aquila can make the necessary
repairs more quickly. Council Member
Brenton asked if the approval of the contract would make it retroactive to
January 1. Mr. Hansen said it
would. Mr. Brenton asked if notice
would have to be given then by July 1, 2004 in order not to renew. Mr. Hansen said that was correct. Council Member Robertson stated that street
lights had been out in Clay Meadows and they were on within a week of being
reported.
Council Member Collins asked what options the City has
if it does not renew. Mrs. Gentrup
stated that is what staff would be reviewing.
1. RENEWAL OF CONTRACT WITH AQUILA FOR
STREET LIGHT MAINTENANCE AND INSTALLATION SERVICES – ORDINANCE
Document No. 6014 was read. Council Member Hadden moved to approve the contract. Council Member seconded the motion, which
carried unanimously. It was approved by
the Chair and is inscribed in Ordinance No. 8514.
2. AUTHORIZATION FOR STREET LIGHT
INSTALLATION IN PARKVIEW MEADOWS 2ND PLAT AND AT THE FOUNTAIN BLUFF
SPORTS COMPLEX – MOTION
Council Member Robertson moved to authorize the
installation. Council Member Hester
seconded the motion, which carried unanimously.
E.
ICMA-RC AGREEMENTS
Mrs. Gentrup stated this change allows compensatory
time payouts to be added to employee’s retirement health saving plan. The second change addresses how forfeited
funds can be used. The City would place
these funds in a forfeiture account if there are no stated beneficiaries.
1. AMENDMENT TO RETIREMENT HEALTH
SAVINGS PLAN TO INCORPORATE COMPENSATORY TIME OFF PAYOUTS – ORDINANCE
Document No. 6049 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 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.
8515.
2. AMENDMENT TO INTEGRAL PART TRUST
INCORPORATING NEW LANGUAGE REQUIRED BY THE INTERNAL REVENUE SERVICE – ORDINANCE
Document No. 6050 was read. Council Member Martin moved to waive the rules and consider the
ordinance on first reading. Council
Member Hadden seconded the motion, which carried unanimously.
Council Member Coe moved to approve the
ordinance. Council Member Martin
seconded the motion, which carried unanimously. It was approved by the Chair and is inscribed in Ordinance No.
8516.
XI.
MISCELLANEOUS MATTERS FROM
CITY ADMINISTRATOR – None.
XII. MISCELLANEOUS MATTERS FROM MAYOR AND CITY COUNCIL
Council
Member Coe asked if the traffic study done by the police is available. He expressed concerns about the speeding
along that street continuing to be a problem.
Mrs. Gentrup said the study had just been completed and the report would
be made available to Council.
Council
Member Hadden stated she had a call about a speeding problem on Scott
Drive. Mrs. Gentrup stated that staff
would look into it and report back.
XIII. ADJOURNMENT
The meeting was adjourned at 8:16 p.m.
__________________________________
Mayor
Attest:
_____________________________________
Deputy
City Clerk