CITY COUNCIL MEETING

MINUTES

MONDAY, JUNE 23, 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 June 23, 2003 with Mayor Stephen P. Hawkins presiding.  Mayor Hawkins called the meeting to order at 7:05 p.m.

 

II.            INVOCATION AND PLEDGE OF ALLEGIANCE

 

            The invocation was given by Council Member Juarenne Hester, 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; 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; Mike Lawless, City Engineer; Chris Deal, Parks & Recreation Director; Kathy Goode, Assistant Finance Director; Jim Simpson, Police Captain; Gary Birch, Fire Chief; Sara Ott, Assistant to the City Administrator – Human Resources; Steve Anderson, Planning & Development Services Manager; Jane Sharon, Deputy City Clerk; Scott Faubion, Liberty Tribune; Joe Cook, Liberty Sun News; Joanna Dornfeld, Kansas City Star and 12 members of the public.

 

IV.            APPROVE MINUTES AND SUMMARIES

 

A.                 REGULAR SESSION MINUTES OF JUNE 9, 2003

 

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

 

V.            CITIZENS’ PARTICIPATION

 

Mayor Hawkins recognized Scout Anthony Mohr, from Troop 214, working on his communications badge.

 

Don Altus thanked the City Council for allowing Celebrate Downtown Liberty to take place.  He said that merchants had been upset when Spring on the Square was cancelled after the tornado hit on May 4.  He said the merchants met with the mayor and indicated an interest in putting something together to be combined with the Northland Arts Council Art Crawl.  Mr. Altus said that the activities on June 14 had been very successful.  Corbin Mill, already on the last day of the Liberty Gathering, had not noticed an impact, but the Farmer’s Market was back on the Square and they sold out.  He said there is an interest in expanding the Farmer’s Market to include food demonstrations and music.  He said that the owner of Built to Last.Com had a great day of business.

 

Mr. Altus thanked the volunteers who had taken care of getting the word out, put up signs and obtained porta-potties.  He said both local newspapers had positive articles about the event and local radio deejay, Dan Hurst, had helped advertise on his radio station.  Mr. Altus thanked the police officers who worked the event and Julie Lawless, who served as City staff liaison.  He said the merchants have not been directly involved in Spring on the Square or the Fall Festival but expect to get more involved now.  He said the Blueprint for Liberty talks about the importance of the downtown square and those involved in the June 14 event intend to work off of that premise in future plans.

Mayor Hawkins said the willingness of merchants and volunteers to participate in future events is important and will be of help in planning whatever next year’s spring celebration will be.

 

Mrs. Gentrup introduced Jeff Vinyard, a senior student intern from CMSU and Randy Cole, an MU graduate student intern.  She also noted an addition to the agenda pertaining to roof repairs at Fire Station No. 1.

 

VI.            MEETING SCHEDULE

 

Mrs. Gentrup reminded Council that June 30 is the fifth Monday of the month and, therefore, there is no meeting.

 

VII.            CONSENT AGENDA

 

            Mayor Hawkins asked that the first item be removed from the consent agenda to be voted on separately.

 

A.                RESOLUTION OF APPRECIATION FOR JIM GRIFFEY – RESOLUTION

 

Council Member Hester moved to approve the resolution.  Council Member Hadden seconded the motion, which carried unanimously and is inscribed in Resolution No. 2134.

 

Mayor Hawkins read the resolution of appreciation and presented it to Jim Griffey.

 

B.                 APPLICATION FOR HIGHWAY SAFETY LAW ENFORCEMENT GRANT – RESOLUTION

 

Council Member Coe moved to approve the grant application.  Council Member Robertson seconded the motion, which carried unanimously and is inscribed in Resolution 2135.

 

C.                 APPROVAL FOR FIREWORKS DISPLAY AT CLAYCREST GOLF CLUB – MOTION

 

Council Member Coe moved to approve the fireworks display.  Council Member Robertson seconded the motion, which carried unanimously.

 

VIII.            PUBLIC HEARINGS – None.

 

IX.            ORDINANCES, CONTRACTS AND RESOLUTIONS

 

A.                ACKNOWLEDGEMENT OF VENDOR PAYMENTS FROM JUNE 6, 2003 THROUGH JUNE 20, 2003 – ORDINANCE

 

Document No. 6066 was read.  Council Member Coe moved to approve the ordinance.  Council Member Robertson 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 Hadden – yes; Council Member Coe – yes; Council Member Robertson - yes.  The motion carried unanimously; it was approved by the Chair and inscribed in Ordinance No. 8532.

 

B.                 *FINAL DEVELOPMENT PLAN FOR CONSTRUCTION OF A NEW 161,700 SQ. FT. LOWE’S HOME CENTER IN LIBERTY TRIANGLE – ORDINANCE

 

Planning & Development Services Manager Steve Anderson reviewed the final plat and final development plan for Lowe’s Home Center in the Liberty Triangle.  He stated that the property had been rezoned earlier to planned development to set the tone for the final plat.  He stated that the final plat complies with the preliminary plat and has two lots.  The first lot will be the site for Lowe’s and its garden center.  The second lot is a pad site.  He stated there is no access to Lot 2 from the Stewart Road.

 

Mr. Anderson stated the site plan is similar to the final plat; a building of approximately 161,000 sq. ft. (including the garden center) and parking for employees and customers.  He stated that primary access to the site would be through the roundabout, although four other entry points will exist.  He said that truck traffic would be directed to the back of the building.  Mr. Anderson reviewed the additional landscaping, widened islands and changes to the façade.  He stated that mid-islands had been removed to allow for more landscaping on the ends and there would be sidewalks for pedestrian access to the site.

 

Mr. Anderson stated that the application complies with the Adequate Public Facilities Ordinance.  The applicant will be required to extend Stewart Road to the edge of the property.  He stated that there is adequate sanitary sewer and water to the site and on-site detention for storm water.  He stated the applicant continues to work with the Corps of Engineers and the Department of Natural Resources on permits for the creek.

 

Mr. Anderson stated there is more accenting on the top elevation that fronts 152 Hwy. and the garden area will have block column fencing.  He stated that the landscaping complies with the Corps’ and DNR’s objectives for the creekbed.

 

Mr. Anderson stated that the Planning & Zoning Commission recommended approval.

 

Council Member Hester asked for clarification of the creek wall.  Mr. Anderson said it would ease the transition and would have a natural appearance.  He said most would be screened from view.

 

Council Member Martin asked about trucks entering from 152 Hwy.  Mr. Anderson said they would be routed to the right off the roundabout and diverted to the back of the Lowe’s building.  He said they could also enter off 291 Hwy.  Mrs. Martin asked about the impact of the trucks.  Mr. Anderson said the current design could handle the traffic off 291 Hwy.

 

Mrs. Martin asked about the parking.  Mr. Anderson said that, even with reduction in spaces for the islands, the applicant exceeds the number of spaces required by the City.  Mrs. Martin asked for clarification of “above-ground detention”.  Mr. Anderson said that is the term used when the detention is not below ground.  The detention is handled on the ground itself and the lay of the land allows for detention.  He said the area would be dry except during a rain event.  This is similar to detention areas approved with most commercial development within the last five years.

 

Council Member Hadden asked if the sidewalks for pedestrian traffic would go all the way to the roundabout.  Mr. Anderson said they would and that there would be islands for them to cross at that point.  Mrs. Hadden asked about a barricade at the creek.  Mr. Anderson said the road will stop until Blue Jay is extended.  Mrs. Hadden asked if it would stop at the detention pond.  Mr. Anderson said it would.

 

Council Member Robertson asked if a traffic study had been done that specifically addressed the impact to 291 Hwy. traffic.  Mr. Anderson said 291 Hwy. had been considered in the study, but no impact requiring improvements was identified with this project.  Mr. Robertson asked if future improvements would be the responsibility of the developer.  Mr. Anderson stated improvements are based on the Roadway Development Tax implementation.  Mr. Robertson asked why the road stopped where it does in this application.  Mr. Anderson said it was not feasible to take it farther until the last piece was added, which would be when Blue Jay is extended in the future.  He stated the Roadway Development Tax handles road development differently than past ordinances and must meet standards in the Adequate Facilities ordinance.

 

Mr. Robertson asked about a line on the plat.  City Engineer Mike Lawless stated it was the existing sanitary sewer that would be disclaimed and it was to the east of where the new sanitary sewer would go in.

 

Mayor Hawkins asked how many feet are in the gap on the road Council Member Robertson mentioned in his comments.  Mr. Anderson said about 50 to 60 ft.  Mayor Hawkins asked if there would be a bridge or a culvert.  Mr. Anderson said the details were being worked out with the Corps of Engineers.

 

Scott McGee, Ozark Engineering, 15022 W. 106^th St., Lenexa, Kansas, 66215, said he and his staff appreciated the time staff had put in on the project.  He responded to the question about traffic, saying that the study conducted had included a full analysis, including 291 Hwy., and no significant increases in traffic at that location were anticipated now.  Council Member Collins asked if someone was going to Lowe’s, could they use the 291 Hwy. approach to avoid traffic on 152 Hwy.  Mr. McGee said they could, but they did not anticipate that making a difference in traffic.  Mrs. Gentrup said that 152 Hwy. traffic had improved greatly, just since last Thursday.

 

Council Member Robertson asked what traffic counts had been noted.  Mr. McGee said a daily count was 2,500 to 3,500 stopping at Lowe’s.  He said 25% of the traffic was anticipated from new cars, the majority bypassing the location.  Mayor Hawkins said that is not that much different than HyVee.  Mr. Robertson asked about the creek.  Mr. McGee said there would be a culvert crossing and the applicant was 50-75% through the process with the Corps of Engineers.

 

Document No. 6067 was read.  Council Member Hadden moved to waive the rules and consider the ordinance on first reading.  Council Member Coe seconded the motion, which carried unanimously.

 

Council Member Hester moved to approve the ordinance.  Council Member Martin seconded the motion.  Council Member Robertson stated that he is very much in favor of this development but believes the traffic to the north should be addressed, and therefore could not vote for the plan as it proposed.  The motion carried 6-1-0.  Council Member Robertson voted in opposition.  It was approved by the Chair and is inscribed in Ordinance No. 8533.

 

C.                 JEFFERSON CIRCLE/BENNETT PARK PROJECT

 

1.            FINAL CONTRACT AMENDMENT WITH DENNIS JOHNSON CONSTRUCTION IN THE AMOUNT OF $2,721.50 – ORDINANCE

 

Council Member Hester asked if the amount unspent goes back into the budget or is anything else included in the $156,000.  Mr. Lawless stated the amount not spent would go back into the fund balance for storm water improvements.  Mayor Hawkins asked how the project broke down.  Mr. Lawless said about $30,000 was spent at Bennett Park and $54,000 at Jefferson Circle.  He said there was more rock at the Jefferson Circle location.

Council Member Martin asked if the funds would have to be used this year.  Mrs. Gentrup stated there would be a mid-year review of capital projects on August 4.

 

Document No. 6068 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 Coe moved to approve the ordinance.  Council Member Hadden seconded the motion, which carried unanimously.  It was approved by the Chair and is inscribed in Ordinance No. 8534.

 

2.            ACCEPTANCE OF PROJECT – RESOLUTION

 

Council Member Robertson moved to approve the resolution.  Council Member Hadden seconded the motion, which carried unanimously and is inscribed in Resolution No. 2136.

 

D.                DISCLAIMER OF DRAINAGE EASEMENTS FOR HUNTINGTON RIDGE 4^TH PLAT, LOT 115 – ORDINANCE

 

Council Member Robertson said he believed this was a good way to handle the problem.

 

Document No. 6069 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 Hester moved to approve the ordinance.  Council Member Hadden seconded the motion.  Council Member Martin asked how this happened.  Mr. Anderson stated that a building permit had been issued on a Friday and the builder set the footings before getting inspections, requiring the disclaimer of the easement.  The motion carried unanimously.  It was approved by the Chair and is inscribed in Ordinance No. 8535.

 

E.                 AGREEMENT WITH BOB FRAZIER ROOFING, INC. FOR ROOF REPLACEMENT AT FIRE STATION NO. 1 IN THE AMOUNT OF $60,220.00 – ORDINANCE

 

Mrs. Gentrup stated the heavy rains had made the need for a new roof a priority.  She said it has been determined that complete replacement is necessary.

 

Document No. 6070 was read.  Council Member Coe moved to waive the rules and consider the ordinance on first reading.  Council Member Martin seconded the motion, which carried unanimously.

 

Council Member Hester moved to approve the ordinance.  Council Member Hadden seconded the motion, which carried unanimously.  It was approved by the Chair and is inscribed in Ordinance No. 8536.

 

X.            OTHER BUSINESS

 

A.                PURCHASE OF SERVICES FROM CRAWFORD MECHANICAL IN THE AMOUNT OF $9,693.48 FOR COMMUNITY CENTER FOUNTAIN POOL REPAIRS – MOTION

 

Council Member Hadden moved to approve the purchase.  Council Member Martin seconded the motion.  Council Member Robertson asked if this will help problems that might arise in the future.

Parks & Recreation Director Chris Deal stated that  there have been problems with ground settlement.  New soil has been added with each repair.  He stated that J.E. Dunn has been asked to look at the issue while working on the expansion.  He said the work is holding up but more information will be needed as to ongoing maintenance.

 

Mayor Hawkins asked if any of the work is preventative.  Mr. Deal said that pressure checks had found more leaks and the work was done for that reason.

 

The motion carried unanimously.

 

B.                 PURCHASE OF A JOHN DEERE GATOR FROM GREAT AMERICAN TURF IN THE AMOUNT OF $15,358.30 – MOTION

 

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

 

Council Member Coe left the meeting at this time.

 

C.                 *RECONSIDERATION OF DENIAL OF LIQUOR DISPENSING PERMIT – MOTION

 

Deputy City Clerk Jane Sharon stated that this was a request for the Council to reconsider a decision made not to issue a liquor dispensing permit.  She stated that permits are required for all persons selling or serving alcohol in Liberty and the eligibility requirements include:  being at least 18 years of age; no felony convictions and no misdemeanor convictions on drug or alcohol-related charges within two years of application for the permit.

 

She stated that applicants bring a driver’s record to the clerk’s office and complete an application.  A preliminary background check is conducted by police and, if nothing shows the applicant’s ineligibility, a temporary (60-day) permit is issued.  When a state report is received with no changes to eligibility, a full term (3-year) permit is issued.

 

She reviewed the City Code and State Statutes regarding the ineligibility of a person to work with alcohol, when a felony conviction exists for that individual.  The City Code also provides for a hearing in front of City Council, upon written request, if the applicant is not issued a permit.

 

Ms. Sharon stated that the applicant had not been issued a permit and had requested a hearing in writing.  She said the Council would have to approve a motion to issue the permit.

 

Mayor Hawkins stated this is a due process hearing.  Mayor Hawkins asked for clarification of retail sales.  Ms. Sharon stated that alcohol is included in retail sales, but a cashier without a permit could ring up all but the alcohol.  Council Member Hester asked how it is handled at grocery stores.  Mayor Hawkins said a person with a permit is called over to ring up that portion of the sales and sack it.

 

Edward Brown, 883 Reese Street, Liberty, Missouri, stated that he has worked for the store since March.  He said his conviction was hidden from him and he didn’t know it was a felony.  He said he didn’t think beer and wine should be treated the same as sales of hard liquor.

 

Council Member Collins asked him where he works.  Mr. Brown said he is working at Cody’s.  Mr. Collins asked him is he is the only one there.  Mr. Brown said he was sometimes.

 

Mayor Hawkins asked for clarification that Mr. Brown was not contesting he had a felony conviction.  Mr. Brown said he didn’t know what it was.  Mayor Hawkins stated that the report from the State says it was a felony.  Mr. Brown said the town says it was a felony but it wasn’t.  Mr. Collins asked Mr. Brown if he had been confined for two years. Mr. Brown said he had.

 

Mr. Brown said this is the only kind of work he can do, because he is a diabetic and has a disability in his hands and arms.

 

Lois Bush, 419 Nashua, Liberty, Missouri, stated that she is the store manager and that Mr. Brown has been employed three months and is an excellent employee.  She said he is dependable, honest and he was discharged 13 years ago.  She said the circumstances in people’s lives change and she would appreciate it if the Council considered issuing the permit to Mr. Brown.

 

Council Member Robertson asked what shift he worked.  Ms. Bush said Mr. Brown works different shifts.  She said she and the storeowner are in and out all the time.

 

Council Member Collins said it is clear the Council cannot redefine a State law.  Mayor Hawkins said the State Statutes and City Code are clear that a permit cannot be issued to someone with a felony conviction.

 

No motion being made to change the decision and issue a permit, Mayor Hawkins stated that the hearing had been held according to City Code and no permit would be issued.

 

Council Member Coe returned to the meeting at this time.

 

XI.               MISCELLANEOUS MATTERS FROM CITY ADMINISTRATOR

 

XII.            MISCELLANEOUS MATTERS FROM MAYOR AND CITY COUNCIL

 

Council Member Martin thanked doctors who had recently donated defibrillators to the Community Center and William Jewell College.

 

Council Member Parker asked if the water fountain at Bennett Park was working and when the tennis courts were scheduled for resurfacing.  Mr. Deal said he would check the water fountain and the courts were in the three-year plan for consideration.  Council Member Coe asked when those tennis courts were last done.  Mr. Deal said it was about 10 years ago and they had been resurfaced 3 years ago.

 

Council Member Coe asked how people who lived along Liberty Drive would be able to get to their homes while the street was blocked off.  Mr. Lawless stated that local traffic could get through with the exception of the specific site of the construction work.

 

XIII.            ADJOURNMENT

 

The meeting adjourned at 8:16 p.m.

 

                                                                                   

                                                                                                __________________________________

Mayor

Attest:

 

           

_____________________________________

Deputy City Clerk