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CITY COUNCIL MEETING

MINUTES

MONDAY, JUNE 28, 2004

 

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 28, 2004 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 Lyndell Brenton, 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 Director; Chris Deal, Parks & Recreation Director; Linda Tyree, Finance Director; Mary Towse, Human Resources Director; Steve Anderson, Planning & Development Director; JacLyn Carlson, Planner; Lisa Pool, Planner; Gary Birch, Fire Chief; Craig Knouse, Police Chief; Sara Cooke, Public Relations Coordinator; Lyndsay Heal, Management Assistant; Randy Cole, Intern; Jane Sharon, Deputy City Clerk; Summer Harlow, The Kansas City Star; Angie Borgedalen, Liberty Tribune; Joe Cook, Liberty Sun News; and eight members of the public.

 

IV.       APPROVE MINUTES AND SUMMARIES

 

A.                 REGULAR SESSION MINUTES OF JUNE 14, 2004

 

Council Member Coe moved to approve the minutes as distributed.  Council Member Hester seconded the motion, which carried 7-0-1.  Council Member Collins abstained due to absence.

 

B.                 STUDY SESSION MEETING SUMMARY OF JUNE 14, 2004

 

Council Member Martin moved to approve the meeting summary as distributed.  Council Member Robertson seconded the motion, which carried 7-0-1.  Council Member Collins abstained due to absence.

 

V.        CITIZENS’ PARTICIPATION

 

Cecil O’Dell, 464 N. Morse Avenue, expressed concerns about the condition of the street around his property.  He provided a map and photographs to the Council and reviewed his efforts to get the streets repaired.  He said the storm water runoff was bringing too much water down across his property and the street has been washed out for two years now.  Mr. O’Dell said there are clods of black top one ft. square; underneath the blacktop has been washed out as well.  He said the city administrator had told him there was no money last year and the city engineer said these streets are on a short list this year.  Mr. O’Dell said this is the worst section of street in Liberty.  He requested action to repair these streets.  He also stated there are three catch basins along Morse and two of them are filled with dirt.  He said the only ones working are on either side of Ruth Moore Park.

 

Mr. O’Dell stated he had contacted Council Member Coe and he had agreed with the street being in bad condition.  Mr. O’Dell stated that when the City had three inches of rain recently, water came down the steps of his neighbor’s house like a waterfall.

 

Mr. O’Dell continued with an additional concern about the overall condition of the older streets in Liberty.  He said that the trash trucks today are using front loaders.  These are causing damage to the streets from the vibration.  He said it is the old streets that are being damaged and he asked Council to consider some means of dealing with the problem.

 

Mrs. Gentrup stated that staff hopes to bring the overlay project forward mid to late July for Council consideration.  Mayor Hawkins asked about the timing of the program.  Mrs. Gentrup said it is usually in the late summer to early fall.

 

Council Member Robertson asked if the storm drains Mr. O’Dell referred to will be checked.  Mrs. Gentrup said they will be.

 

VI.       MEETING SCHEDULE

 

Mrs. Gentrup stated City Hall would be closed Monday, July 5, in observance of Independence Day and the Council would meet in Study Session on Tuesday, July 6.

 

VII.            CONSENT AGENDA

 

Council Member Hadden asked to remove the Sharples resolution for separate consideration.

 

A.        AUTHORIZE EXECUTIVE SESSION TO BE HELD JUNE 28, 2004 IN THE COUNCIL CONFERENCE ROOM IMMEDIATELY FOLLOWING THE REGULAR SESSION TO DISCUSS LITIGATION MATTERS AS AUTHORIZED BY 610.021(1) 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

 

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

 

C.         COMMENDATION TO ADAM SHARPLES – RESOLUTION

 

Council Member Hadden moved to approve the resolution of commendation for Adam Sharples.  Council Member Martin seconded the motion, which carried unanimously and is inscribed in Resolution No. 2169.

 

Mayor Hawkins read and presented the resolution congratulating and commending Mr. Sharples on his achievement of a national championship in prose interpretation and second place nationally for poetry interpretation.


VIII.     PUBLIC HEARINGS

 

A.        *REZONE 20 ACRES FROM R-1A, SUBURBAN RESIDENTIAL DISTRICT TO R-1C, STANDARD SINGLE-FAMILY RESIDENTIAL DISTRICT AND PRELIMINARY DEVELOPMENT PLAN FOR CREEKWOOD SUBDIVISION, NORTH OF SOUTH COUNTRY CLUB SUBDIVISION AND WEST OF SOUTHVIEW DRIVE [P&Z CASE NO. 04-2024R&PDP] – ORDINANCE (CONTINUED FROM MAY 24, 2004 REGULAR SESSION)

 

Planner JacLyn Carlson reviewed the rezoning and preliminary development plan application for approximately 20 acres from R-1A, Suburban Residential District to R-1C, Standard Single-Family Residential District pertaining to Creekwood Subdivision.

 

She stated there would be 69 lots on the property that is currently open space with R-1A zoning.  Ms. Carlson stated the property is surrounded by open space, R-1A and C-2 zoning to the north, M-291 and open space; CP-0, and C-1 zoning to the east, single-family residential to the south and open space and R-1A zoning to the west.

 

Ms. Carlson stated that the applicant provided a preliminary storm water management plan that shows storm water from the development would drain toward Cates Creek.  She stated this preliminary analysis indicates the impact of the proposed development would be negligible.  Ms. Carlson noted that a more complete storm water analysis would be required with the final plat application.  She stated a conservation easement would be placed over Cates Creek to maintain the natural drainage flow through the development and to ensure no construction would occur in close proximity to the creek.

 

Ms. Carlson stated that Tracts A & B, located within the loop lanes, would serve as functioning open space, but would not become part of the public park system.  She noted this land would be credited against the development’s public open space/parkland requirements, however, and a fee in lieu of parkland would still be required.

 

Ms. Carlson reviewed the streets within the development, for which there would be two variations from conventional city street widths.  She stated that Creekwood Drive would be a 32-ft. wide street instead of the standard 36-ft. wide collector street.  Fawn Lane is proposed as a 26-ft. wide street instead of the standard 28-ft. wide local street and Doe Drive, a 28-ft. wide local street would provide a direct connection to any development to the north.  These variations would serve to calm traffic and increase the planting area between the curb and sidewalk. Vehicle flow would not be negatively affected by the narrow street widths.

 

Ms. Carlson stated that the City had received comments from MoDOT.  She said the State had no objections to the location of Creekwood Drive but they will be limiting the number of approaches off Southview Drive to four.  She stated that, for access, there will be shared drives for four lots and two lots will have access off Creekwood Drive instead of Southview Drive.

 

Ms. Carlson stated that the application conformed to the adequate public facilities ordinance by having direct access to Southview Drive.  Additionally, existing mains along Southview Drive will be extended for water and sanitary sewer services. Storm water will be directed towards Cates Creek in accordance with the City’s Storm Water Management Plan.

 

Ms. Carlson stated the City’s Future Land Use Plan designates this property as traditional neighborhood residential which is envisoned to develop as a more connected and walkable area with homes designed to create a more pedestrian-friendly streetscape.  She stated that the development would contain smaller lots mixed with larger lots with areas ranging from 6,600 square feet to 25,623 square feet, widths ranging from 55 feet to 148 feet and depths ranging from 95 feet to 249 feet.  She stated four variances are included in this preliminary development plan:  minimum lot area per family shall be 6,600 square feet; minimum lot width shall be 55 feet; minimum lot depth shall be 95 feet; and minimum dwelling front yard setback shall be 20 feet, the maximum dwelling front yard setback shall be 30 feet and the minimum garage setback shall be 34 feet.

 

Ms. Carlson stated that the Planning & Zoning Commission recommended approval with the variances as stated.

 

Council Member Martin asked if there had been any discussion with the State regarding access onto 291 Hwy.  Ms. Carlson stated that MoDOT had not said any changes to the current access would be required with this development.

 

Council Member Hester asked if any lots will exceed the minimum allowed.  Ms. Carlson said there would be a mix of large and small homes on the lots.

 

Council Member Robertson asked if the entrance to Claywoods off 291 Hwy. had been considered in the MoDOT comments.  He recommended a traffic study be done there, even if it is not done with this application.  Ms. Carlson said MoDOT said the development was acceptable as proposed and the Claywoods connection to 291 Hwy. was not identified in MoDOT’s comments.

 

Mr. Robertson said that storm water was mentioned by every member of the Planning & Zoning Commission and even on the small lots, 30% of the property would be covered by impervious material.  He said he had received many complaints about how a development would affect the properties downstream.  He said a statement that “the impact of this development on storm water would be negligible” probably would not satisfy those concerns.

 

Council Member Parker said he saw a need for a traffic study that would address Claywoods Drive at 291 Hwy.  He said with the trash trucks coming onto 291 Hwy. and the Claywoods traffic, he agreed with Council Member Robertson’s comments.  Mr. Parker asked about the road that was to connect at the Odd Fellows Home.  Public Works Director Steve Hansen stated that a road has been discussed at that location for some time.

 

Mayor Hawkins stated that at the May 24, 2004 Council regular session he had opened and continued the public hearing to this evening.  He asked if anyone present 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. 6223 was read.  Council Member Hadden moved to waive the rules and consider the ordinance on first reading.  Council Member Martin seconded the motion, which failed due to lack of a unanimous vote.  Mayor Hawkins stated the ordinance would go to second reading at the July 12, 2004 regular session.

 

IX.       ORDINANCES, CONTRACTS AND RESOLUTIONS

 

A.        ACKNOWLEDGEMENT OF VENDOR PAYMENTS FROM JUNE 11, 2004 THROUGH JUNE 25, 2004 – ORDINANCE

 

Document No. 6224 was read.  Council Member Martin moved to approve the ordinance.  Council Member Robertson seconded the motion.

 


Council Member Hadden asked what period was covered by check no. 83812 for prisoner housing.  Police Chief Craig Knouse stated that is was for one month’s expenses.  Mrs. Gentrup stated a full analysis would be brought to Council soon, as this program had been in place for almost six months.

 

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. 8687.

 

B.         LIBERTY TRIANGLE

 

            Mrs. Gentrup stated that staff as well as Mark Bunnell and Nick Ventola with Integra Realty Resources were available to answer any additional questions Council might have.

 

1.         REDEVELOPMENT AGREEMENT WITH LTD ENTERPRISES, LLC FOR REDEVELOPMENT OF REMAINDER OF LIBERTY TRIANGLE – ORDINANCE (SECOND READING)

 

Document No. 6217 was read.  Council Member Robertson moved to approve the ordinance.  Council Member Martin seconded the motion.  Council Member Hester asked if the details had been worked out since the first reading of the ordinance.  Mr. Hansen said they had.  The motion carried unanimously; it was approved by the Chair and is inscribed in Ordinance No. 8688.

 

2.         AUTHORIZATION TO INSTITUTE CONDEMNATION PROCEEDINGS TO ACQUIRE PROPERTY LOCATED WITHIN THE LIBERTY TRIANGLE – ORDINANCE (SECOND READING)

 

Document No. 6218 was read.  Council Member Brenton 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. 8689.

 

C.         AMEND SECTION 3-15, “ALCOHOLIC BEVERAGES, INTOXICATING LIQUOR FEES” OF THE LIBERTY CITY CODE – ORDINANCE

 

Document No. 6225 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 Hester seconded the motion, which carried unanimously.  It was approved by the Chair and is inscribed in Ordinance No. 8690.

 

D.        FINAL CONTRACT AMENDMENT WITH RIGHT OF WAY ASSOCIATES IN THE AMOUNT OF $8,748.30 FOR APPRAISAL, NEGOTIATION AND ACQUISITION SERVICES PERTAINING TO SOUTH LIBERTY PARKWAY, PHASE I PROJECT – ORDINANCE

 

Mrs. Gentrup stated that staff recommends approval of this contract amendment as all the right-of-way necessary for the South Liberty Parkway Phase I has been purchased.  She stated a ground-breaking is scheduled for July 14, 2004 at 9:00 a.m. and details will soon be provided to Council.

 

Document No. 6226 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. 8691.

 

E.         AUTHORIZATION TO PARTICIPATE IN THE ENERGY LEVERAGED LOAN PROGRAM OF THE MISSOURI DEPARTMENT OF NATURAL RESOURCES TO FINANCE THE INSTALLATION OF ENERGY CONSERVATION MEASURES AT CITY HALL – ORDINANCE

 

Mr. Hansen stated that an energy management system had been installed in City Hall, but it was no longer working or manufactured.  He stated that, as other systems were considered to replace it, recommendations had been made for additional changes.  He stated that staff had contacted the Missouri Department of Natural Resources (MDNR) about its loan program.  Mr. Hansen stated that energy savings are projected on an annual basis and used to repay the loan.  He stated that the total cost for the improvements would be under $69,000.  The City applied for and was approved by MDNR for participation in the loan program.  He stated that it is estimated $6,800 a year in savings would be generated and those savings would be used to repay the loan.  Mr. Hansen stated the interest rate is 3.45% over a thirteen year period.

 

He stated that this was preferable to reallocating funds from other projects and paying the costs up front.  This loan program allows the City to install energy efficient changes and, after the loan is repaid, the City accrues the energy savings from then on.

 

Council Member Brenton asked about whether the City would bear the expense of an annual energy audit to determine the savings.  Mr. Hansen stated that staff currently has the price estimates only, but expect the figures to be close.  He said the staff will review the bills and report the numbers to MDNR.  Mr. Hansen stated there may be occasions when savings are not what was projected, but they will be monitored annually by the City and MDNR.

 

Mr. Brenton asked if modifications made to the building could prompt adjustments.  Mr. Hansen stated the City would work with MDNR to repay the loan and if major changes were made, they would not likely use this program to fund them.

 

Mayor Hawkins asked if approval of this ordinance binds the City to this project through annual appropriations.  Mr. Hansen said there would be no commitment until the project commenced and was contracted out.  Mrs. Gentrup said the contract for the project would come before Council for consideration.  Council Member Brenton clarified the loan would be retired from the revenue stream of energy savings.  Mayor Hawkins noted that would mean if the energy bills are lower, due to a reduction in rates, it might mean paying more.

 

Document No. 6227 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 Coe seconded the motion, which carried unanimously.  It was approved by the Chair and is inscribed in Ordinance No. 8692.

 

X.         OTHER BUSINESS

 

A.                 SOFTWARE MAINTENANCE

 

1.         PURCHASE OF MAINTENANCE FOR LOTUS NOTES FROM MTC IN THE AMOUNT OF $10,018.85 – MOTION

 

Council Member Martin moved to approve the purchase.  Council Member Hester seconded the motion.  Council Member Brenton asked if the audit staff was going to look at technology maintenance costs.  Mrs. Gentrup stated she was not aware that had been requested in the scope of services.  Mr. Brenton asked if these were one year agreements.  Mrs. Gentrup said they were.  Mayor Hawkins stated if there are concerns, the auditors could be asked to review the maintenance agreements.  Mr. Brenton said it was not a formal request but thought the auditors had identified this as an area of expertise.  Council Member Robertson said he too recalled this being included in the interview of auditors.

 

Mrs. Gentrup stated that this could be discussed at the upcoming study session when the audit would be reviewed.

 

The motion carried unanimously.

 

2.         PURCHASE OF MAINTENANCE FOR ACS FROM AFFILIATED COMPUTER SERVICES IN THE AMOUNT OF $18,059.01 – MOTION

 

Council Member Martin moved to approve the purchase.  Council Member Hadden seconded the motion.  Council Member Brenton asked if there was any sense of urgency for this agreement.  Finance Director Linda Tyree stated that these are standard agreements for software maintenance.  Mr. Brenton stated he didn’t want the City to be boxed in if other software was going to be considered in the near future.  Mrs. Gentrup said there are no current plans to change the accounting software.  The motion carried unanimously.

 

B.                 PARTNERSHIP FOR COMMUNITY GROWTH PRESENTATION

 

Tony Sarver, Chairman of the Liberty Area Chamber of Commerce, introduced Jerry Hinson, Melinda Mehaffy, and Russ Weathers attending the meeting with him to provide information about the Partnership for Community Growth.  He stated he was requesting the City’s endorsement of the concept and to show how the City could invest.  Mr. Sarver provided some history of the project, including the perceived need to have a meeting place for dinners, banquets and the like.  He stated there is no place in Liberty that can accommodate more than 50 people.  The Chamber ends up at a casino or Kansas City hotel.  Mr. Sarver stated the Chamber had engaged National Community Development Services and Jerry Hinson to research these needs and a decision was made in January to engage NCDS for a capital campaign for bricks and mortar for a convention center.  He stated that a refinement group had been established soon thereafter out of which three task forces had developed:  one for economic development; one for site selection and one to study feasibility and business development for such a facility.  He stated that, without any formal announcement, the Chamber had already been approached by a school outside Clay County that wants to hold its prom at a new center every other year.

 

Mr. Sarver stated that Strategic Alliance Group has been engaged to look at uses for such a facility.  In addition to a meeting place, the new site would be used as the Chamber office.  Mr. Sarver stated that 66 interviews had been conducted with members of the business community about things that aren’t being done and ways to improve what is being done.  He said in meetings with a dozen existing businesses, all were in a mode to expand, with the possibility of bringing 62 new jobs, 70,000 sq. ft. of additional space and a new motel.  He said this is an opportunity if they can be helped.

 

Mr. Sarver commented that 80% of new growth comes from existing business and there is a need to help with that development.  He stated that new businesses seldom come to the City first, choosing rather to scout the location before announcing their intentions.  He said that the local growth expansion task force could run interference as a separate entity.  He said this group would be separate and apart from the Chamber as well.  The Partnership for Community Growth would be funded by investors.

 

Russ Weathers stated he was participating as a volunteer with this effort and reviewed the status of planning and approach being taken for the project.  He stated that his co-chair is Pam Bernicke with Gold Bank.  He stated that the key issue is economic development with the City playing a significant role and the Chamber playing a role as well.  He stated there is currently no synergy and the task force considered strategies to move forward.  He stated that Mayor Hawkins, CCEDC Director Jim Hampton and he had looked at what other communities are doing and what model is out there.  He stated that a 501 (c)(6) organization, which is a public and private partnership, is used by many communities.

 

He said the board would be made up of investors and under the umbrella of the governing corporation, a 501(c)(3) could be added for contributory bases.  He said the person hired to address economic development would also manage the center, once it is built.  The Chamber would lease space, he said.  Mr. Weathers noted this would be an independent autonomous relationship, but would have some advantages over working through a governmental entity as the Sunshine Law would not apply.  He referred to Point 7 in the report regarding growth management and indicated that a rough draft of the proposal had been provided to Mayor Hawkins.  He asked the Council to consider it and stated that work has started to create and hire an economic development position in the Liberty community.  He stated that the majority of growth is from existing businesses and they are looking at how that can be supported.  Mr. Weathers stated that the group had visited Lenexa which uses a similar model, coordinated directly through the Chamber.  Mr. Weathers asked the City to come forward with support of the concept.  He noted that since the announcement of the capital campaign on June 1, over 200 individuals and businesses have been contacted and economic development is a high priority.

 

Mr. Sarver stated that he served 18 of the 25 years the CCEDC has been in existence on its board, serving briefly as interim executive director.  Jim Hampton has indicated there are 45,000 businesses in Clay County.  There is no way he can get around to that many and welcomes working with others.

 

Mr. Sarver stated he has offered an overview of the project, requested Council endorsement of the concept and reviewed the structure of fees for services agreement which has been given to the City to help fund the bricks and mortar.  He said they have been on several parallel tracks and together can apply their efforts to economic development.  He stated he is excited about the response from the business community and believes the Chamber and City can do something together better than working separately.

 

Mayor Hawkins thanked them for their presentation.  He stated he had received the rough draft of the proposed agreement and it needs some massaging.  He stated that it could be discussed in a study session at which time the Council could also address the requested endorsement.

 

XI.               MISCELLANEOUS MATTERS FROM CITY ADMINISTRATOR – None.

 


XII.            MISCELLANEOUS MATTERS FROM MAYOR AND CITY COUNCIL

 

Council Member Martin referred to a recent article in the Missouri Municipal Review regarding the approach used by Wentzville in consultant selection.  Mrs. Gentrup stated that Liberty uses a similar process and will be bringing forward changes to the City’s purchasing policy soon.  She said contracting of professional services could be included in that discussion.

 

Council Member Robertson asked that the spelling of his name be corrected on the recently distributed phone contact cards.

 

XIII.     ADJOURNMENT

 

The meeting adjourned to study session at 8:20 p.m.

 

 

 

                                                                                                __________________________________

Mayor

Attest:

 

 

 

_____________________________________

Deputy City Clerk