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CITY COUNCIL MEETING

MINUTES

MONDAY, NOVEMBER 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 November 24, 2003 with Mayor Stephen P. Hawkins presiding.  Mayor Hawkins called the meeting to order at 7:16 p.m.

 

II.         INVOCATION AND PLEDGE OF ALLEGIANCE

 

            The invocation was given by Council Member Anna Marie Martin, 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; Craig Knouse, Police Chief; Chris Deal, Parks & Recreation Director; Gary Birch, Fire Chief; Linda Tyree, Finance Director; Steve Anderson, Planning & Development Manager; Marcella McCoy, Assistant Finance Director; Lyndsay Heal, Management Assistant; Jane Sharon, Deputy City Clerk; Joe Cook, Liberty Sun News; Angie Borgedalen, Liberty Tribune; and 4 members of the public.

 

IV.       APPROVE MINUTES AND SUMMARIES

 

A.                 REGULAR SESSION MINUTES OF NOVEMBER 10, 2003

 

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

 

V.        CITIZENS’ PARTICIPATION

 

Mayor Hawkins recognized Lindsay Shively, observing the council meeting as a journalism student from the University of Missouri.  Mayor Hawkins also recognized Kevin Irrick, a boy scout with Troop 134, working on his communication badge.

 

VI.       MEETING SCHEDULE

 

Mrs. Gentrup stated there would be no meeting on December 1 and no packet would be prepared.  Mayor Hawkins asked if the budget would come forward at the December 8 meeting.  Mrs. Gentrup said that was correct.

 

VII.      CONSENT AGENDA

 

A.                 APPOINTMENTS

 

Board of Appeals

                        Reappoint Cecil O’Dell to a term expiring 12/30/08

 

Liberty Community Christmas Tree Commission

                        Appoint Sue Armstrong (auxiliary) to a term expiring 5/1/06

 

Council Member Brenton moved to approve the appointments.  Council Member Coe seconded the motion, which carried unanimously.

 

B.                 PURCHASE AND INSTALLATION OF HVAC HEAT EXCHANGER AT THE COMMUNITY CENTER BY THE WALDINGER CORPORATION IN THE AMOUNT OF $9,721.00 – MOTION

 

Council Member Brenton moved to approve the purchase.  Council Member Coe seconded the motion, which carried unanimously.

 

VIII.     PUBLIC HEARINGS

 

IX.       ORDINANCES, CONTRACTS AND RESOLUTIONS

 

A.                 ACKNOWLEDGEMENT OF VENDOR PAYMENTS FROM NOVEMBER 7, 2003 THROUGH NOVEMBER 21, 2003 – ORDINANCE

 

Document No. 6133 was read.  Council Member Hadden 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 Brenton – yes; Council Member Robertson – yes.  The motion carried unanimously; it was approved by the Chair and inscribed in Ordinance No. 8601.

 

B.         ALIGNMENT OF SOUTH LIBERTY PARKWAY AS IT PERTAINS TO ITS CONNECTION TO STEWART ROAD AND LIBERTY DRIVE – RESOLUTION

 

Mayor Hawkins stated that this resolution is a product of discussions with the Pleasant Valley mayor and aldermen.  He stated that the Missouri Department of Transportation (MoDOT) wants all jurisdictions within a project area to sign off on the plans so, even though Liberty is paying for the work, Pleasant Valley is being asked to pass a resolution acknowledging its agreement to proceed as outlined.  Pleasant Valley had some questions and Liberty has worked with that city to come up with answers.  Mayor Hawkins stated that Pleasant Valley would consider a resolution similar to that before Council this evening on Monday, December 8.

 

Council Member Hadden moved to approve the resolution.  Council Member Coe seconded the motion, which carried unanimously and is inscribed in Resolution No. 2150.

 

C.         *COMPREHENSIVE PLAN   

 

Planning & Development Manager Steve Anderson stated that the ordinances to be considered relate to the completion and implementation of the comprehensive plan.  He stated that the City contracted with Stinson Morrison Hecker to consult on updating the Zoning Ordinance.  He stated the law firm is now working with staff to come forward with a unified development ordinance (UDO).  This UDO will include the zoning ordinance, subdivision regulations and adequate public facilities ordinance in one publication.  He said that Stinson Morrison Hecker attorneys are now reviewing draft language.  Mr. Anderson noted that one half of the $7,500 previously allocated had been spent and this new amount will see the project through.

 

Mr. Anderson stated that printing costs had not been included in the separate components and when the Transportation Plan is ready, the completed components will be bound together.  He noted that Performance Printing in Kearney had the low bid.

 

Council Member Hadden said unified development ordinance is a new term and she asked if individual amendments are still possible.  Mr. Anderson said this consolidated format is now being used in cities such as Olathe and Lee’s Summit.  He said amendments would be made using the same approach as with the Zoning Ordinance and Subdivision Regulations now.  Mayor Hawkins asked if it would be available online.  Mr. Anderson said it would.

 

Council Member Brenton asked if the development community had been given an opportunity to review the new document.  Mr. Anderson said that would happen in public hearings at both Planning & Zoning Commission and City Council meetings.  He said this is just a reorganization of information that has been reviewed by the Oversight Committee which met last year to apply the Blueprint for Liberty to the Zoning Ordinance.  He said the work of that group had been presented to the Planning & Zoning Commission and City Council in study sessions.  The major change was with commercial zoning and going to an approach of regulation by impact of use.  Mr. Anderson said the next step is to amend the regulations.

 

Council Member Brenton stated that groups having an opportunity to review the changes before a public hearing gives the City a better chance of including constituent groups in the process.  Mr. Anderson said a public meeting is a good idea and staff has met with developers throughout the process.  Mr. Brenton said he wanted the City to be more proactive in making the information available.  Mrs. Gentrup said that invitations have been sent to members of the development community and Mr. Anderson said they have communicated on an informal basis.

 

1.         CONTRACT WITH STINSON MORRISON HECKER FOR LEGAL CONSULTING SERVICES PERTAINING TO DEVELOPMENT OF A UNIFIED DEVELOPMENT ORDINANCE – ORDINANCE

 

Document No. 6134 was read.  Council Member Hadden 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 Brenton seconded the motion, which carried unanimously.  It was approved by the Chair and is inscribed in Ordinance No. 8602.

 

2.         CONTRACT WITH PERFORMANCE PRINTING IN AN AMOUNT NOT TO EXCEED $10,000.00 FOR OUTSIDE PRINTING SERVICES ASSOCIATED WITH PRODUCTION OF THE BLUEPRINT FOR LIBERTY COMPREHENSIVE PLAN – ORDINANCE

 

Document No. 6135 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 ordinance.  Council Member Brenton seconded the motion, which carried unanimously.  It was approved by the Chair and is inscribed in Ordinance No. 8603.

 

D.        AMENDMENT TO CHAPTER 22, SECTION 16 OF THE LIBERTY CITY CODE REMOVING REQUIREMENT FOR ALARM INSTALLATION PERMITS – ORDINANCE

 

Mrs. Gentrup stated this change is in line with what other communities require.  Council Member Hadden asked for clarification that, if the system is not wireless, it would still require a permit.  Mr. Anderson said that the requirement for an alarm permit with the police department is not being changed and that, if electrical work is being done, a building permit would still be required.  Council Member Brenton asked if that requirement falls under some other chapter of the City Code.  Mr. Anderson said it comes under the recently adopted International Building Code.

 

Document No. 6136 was read.  Council Member Hadden 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 Brenton seconded the motion, which carried unanimously.  It was approved by the Chair and is inscribed in Ordinance No. 8604.

 

E.         WEST INTERCEPTOR SEWER REPAIR

 

1.         AGREEMENT WITH MISSOURI DEVELOPMENT FINANCE BOARD PERTAINING TO REPAIRS OF WEST INTERCEPTOR SEWER AND RUSH CREEK PLANT EXPANSION – ORDINANCE

 

Document No. 6137 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 Martin moved to approve the ordinance.  Council Member Brenton seconded the motion, which carried unanimously.  It was approved by the Chair and is inscribed in Ordinance No. 8605.

 

Mrs. Gentrup introduced Dennis Mitchell with Piper Jaffray and Chris Ahrens with Gilmore & Bell, who were present to field any questions the Council might have.

 

2.         CONTRACT WITH BURNS & MCDONNELL ENGINEERING COMPANY IN AN AMOUNT NOT TO EXCEED $58,540.00 FOR ENGINEERING SERVICES – ORDINANCE

 

Council Member Hester asked about a solution being devised to a problem, the cause for which hadn’t been identified.  Public Works/Development Services Director Steve Hansen stated that when the piping was removed it would be easier to determine how best to approach the repair.  He said that a support system for the pipe must be devised and Havens Construction will install the system to be designed by Burns & McDonnell.  He said this is different than what was addressed before.

 

Document No. 6138 was read.  Council Member Martin moved to waive the rules and consider the ordinance on first reading.  Council Member Coe seconded the motion, which carried unanimously.

 

Council Member 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. 8606.

 

3.         AMENDMENT TO CONTRACT WITH HAVENS CONSTRUCTION COMPANY IN THE AMOUNT OF $440,000.00 – ORDINANCE

 

Document No. 6139 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 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. 8607.

 

F.         TERRACE AVE. PHASE II PROJECT

 

1.         FINAL CONTRACT AMENDMENT WITH CLAY COUNTY SANITARY & DITCHING IN THE AMOUNT OF $22,005.29 – ORDINANCE

 

Mayor Hawkins asked if the sod is down.  Mr. Hansen said it is.  Council Member Brenton asked how elliptical pipe works for the utilities.  Mr. Hansen said that circular pipe had been used in the past, but the elliptical pipe has a narrower profile and can be raised or lowered more easily.  Mr. Brenton asked about the difference in performance.  Mr. Hansen said it is the same as with circular pipe.

 

Document No. 6140 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 Martin moved to approve the ordinance.  Council Member Brenton seconded the motion, which carried unanimously.  It was approved by the Chair and is inscribed in Ordinance No. 8608.

 

2.         ACCEPTANCE OF TERRACE AVENUE PHASE II PROJECT – RESOLUTION

 

Council Member Coe moved to approve the resolution.  Council Member Martin seconded the motion, which carried unanimously and is inscribed in Resolution No. 2151.

 

G.         CONVEYANCE OF SECTION OF RIGHT-OF-WAY TO PROPERTY OWNER AT 17 E. KANSAS STREET BY QUIT-CLAIM DEED – ORDINANCE

 

Document No. 6141 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 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. 8609.

 

X.         OTHER BUSINESS – None.

 

XI.               MISCELLANEOUS MATTERS FROM CITY ADMINISTRATOR

 

Mrs. Gentrup noted that the Lewis & Clark exhibit arrives on December 2 at City Hall and will be on display December 3 through December 29.

 

She stated that on December 4 there would be a ribbon cutting ceremony at the newly expanded Community Center at 4:30 p.m. and tours would be available from 4:00 p.m. to 6:00 p.m.

 

Mrs. Gentrup said that a commercial will begin airing soon, encouraging people to shop in Liberty.

 

She noted that City Hall would be closed Thursday and Friday and trash pickup would be one day late for those days only.

 

XII.            MISCELLANEOUS MATTERS FROM MAYOR AND CITY COUNCIL

 

Council Member Brenton thanked staff for all its efforts to get information to callers about BFI and trash and recycling pickup in light of the situation in another metro city.  He asked if Planning & Zoning Commission minutes are made available to Council.  Mrs. Gentrup said they are.

 

Council Member Hadden said that she had received a community leader survey from Aquila and believed it would be appropriate to complete the survey, note the problems with outages that continue in Liberty and even say the City might withhold payment until repairs are made.  Mrs. Gentrup said that council members could complete the survey as they saw fit.  She stated that a physical inventory of the lights with Aquila had begun last week with anticipated completion in January.  She said staff has been in regular contact with Aquila staff.  Mayor Hawkins said the inventory was to determine wattage and the type of lighting.  Mrs. Gentrup said that was correct.  Mayor Hawkins said that it would be good to know how many were out, but how to accomplish that was the question.  Council Member Parker reported that the light pole number 1147 was out on Claywoods Drive and that all the streetlights on Leonard from Pour Boys to about the old Guys plant were out.

 

Council Member Hester said she had been given information on Jake brakes by a resident who lives on 291 Hwy. and said the trucks with these brakes are very noisy.  She had been asked to see about the City taking action to restrict the use of these types of brakes within the City.  She had been told that a number of cities are passing this type of ordinance.

 

Council Member Collins said that he had reported a streetlight outage by the pole number and it was repaired the next day.  Council Member Robertson said he had the same experience in Clay Meadows and that reporting the pole numbers seemed to speed up the repairs.

 

XIII.     ADJOURNMENT

 

            The meeting adjourned at 7:54 p.m.

 

 

                                                                                   

                                                                                                __________________________________

Mayor

Attest:

 

           

_____________________________________

Deputy City Clerk