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CITY COUNCIL MEETING

MINUTES

MONDAY, SEPTEMBER 27, 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 September 27, 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 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; Juarenne Hester, Ward III; 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; Steve Anderson, Planning & Development Director; JacLyn Carlson, Planner; Linda Tyree, Finance Director; Gary Birch, Fire Chief; Myron Schmitt, Division Fire Chief; Jim Simpson, Deputy Police Chief; Brian Hess, Civil Engineer; Mary Towse, Human Resources Director; Sara Cooke, Public Relations Coordinator; Lyndsay Heal, Management Assistant; Jane Sharon, Deputy City Clerk; Angie Borgedalen, Liberty Tribune; Joe Cook, Liberty Sun News, and 15 members of the public.

 

IV.       APPROVE MINUTES AND SUMMARIES

 

A.                 SPECIAL SESSION MINUTES OF SEPTEMBER 13, 2004

 

Council Member Martin moved to approve the minutes as distributed.  Council Member Hester seconded the motion, which carried 4-0-2.  Council Member Hadden and Council Member Robertson abstained due to absence.

 

B.                 EXECUTIVE SESSION MINUTES OF SEPTEMBER 13, 2004

 

Council Member Coe moved to approve the minutes as distributed.  Council Member Martin seconded the motion, which carried 4-0-2.  Council Member Hadden and Council Member Robertson abstained due to absence.

 

C.                 REGULAR SESSION MINUTES OF SEPTEMBER 13, 2004

 

Council Member Hester moved to approve the minutes as distributed.  Council Member Coe seconded the motion, which carried 4-0-2.  Council Member Hadden and Council Member Robertson abstained due to absence.

 

D.                 STUDY SESSION MEETING SUMMARY OF SEPTEMBER 20, 2004

 

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

 


V.        CITIZENS’ PARTICIPATION

 

Mayor Hawkins recognized Will Gorman with his father, Jeff Gorman, Kyle Coday, Cameron Kieffer and Assistant Troop Leader Steve Shrewsbury from Troop 214.  The boy scouts attended the meeting while working on their communications and citizenship in the community badges.

 

A.                 PRESENTATION OF LEWIS & CLARK QUILT TO THE CITY BY CRAIG PORTER

 

Craig Porter provided a history of the Lewis & Clark quilt crafted by Wilma Searcy and auctioned off as a benefit for Chandler Baptist Church.  He and Tim Harris purchased the quilt and were now giving it to the City of Liberty in this formal presentation.  He thanked Angie Borgedalen and the Fine Arts Council for their efforts in advancing local arts.  Mr. Porter also said he and Mr. Harris will assist with any costs for storage and display of the quilt.  Mayor Hawkins thanked Mr. Porter and Mr. Harris for remembering the City with this contribution.

 

B.                 PROCLAMATION FOR FIRE PREVENTION WEEK

 

Mayor Hawkins read the proclamation for fire prevention week, October 3-9, and presented it to Division Chief Myron Schmitt and Fire Chief Gary Birch.  He thanked them for keeping fire safety education in the forefront each year.

 

VI.       MEETING SCHEDULE

 

Mrs. Gentrup stated that there would be a study session on Monday, October 4, and there would be no meeting October 18.

 

VII.            CONSENT AGENDA – None.

 

VIII.     PUBLIC HEARINGS – None.

 

            Mayor Hawkins announced that a public hearing had been advertised regarding a rezoning application for a development adjacent to The Cedars facility.  He noted that, because the public hearing had not been opened at the Planning & Zoning Commission meeting earlier this month and the case had been continued, the public hearing would be readvertised and the application considered by Planning & Zoning Commission and City Council in November.

 

IX.       ORDINANCES, CONTRACTS AND RESOLUTIONS

 

A.        ACKNOWLEDGEMENT OF VENDOR PAYMENTS FROM SEPTEMBER 9, 2004 THROUGH SEPTEMBER 24, 2004 – ORDINANCE

 

Council Member Robertson asked that Check No. 84886 be removed and voted on separately.

 

Document No. 6256 was read.  Council Member Hadden moved to approve the ordinance.  Council Member Hester seconded the motion.

 

Council Member Martin asked about the three checks making bond interest payments.  Mrs. Gentrup stated that the first was for the Community Center and the other two were for the water revenue bonds for the treatment plant expansion.  She noted that the water bonds had been approved by the voters.  Mayor Hawkins clarified that the payments were not just interest but included payment on principal as well.

 

Vote on the motion was as follows:  Council Member Collins – yes; Council Member Martin – yes; Council Member Hester – 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. 8721.

 

Council Member Martin moved to approve Check No. 84886.  Council Member Hester seconded the motion.

 

Vote on the motion was as follows:  Council Member Collins – yes; Council Member Martin – yes; Council Member Hester – yes; Council Member Hadden – yes; Council Member Coe – yes; Council Member Robertson – abstain.  The motion carried unanimously; it was approved by the Chair and inscribed in Ordinance No. 8721.

 

B.         *WIRELESS COMMUNICATIONS FACILITY AT 401 SKYLINE DRIVE [P&Z CASE NO. 04-229SP; APPLICANT: SPRINT SPECTRUM]

 

Mayor Hawkins stated the next application does not require a public hearing for either the site plan or the cooperative agreement but if members of the public wished to speak to either, he would allow a limited time for comments.

 

1.         SITE PLAN FOR 80’ STEALTH COMMUNICATIONS TOWER – RESOLUTION

 

Planner JacLyn Carlson stated that the application was for a stealth communications tower at the Skyline Apartment Complex, which is zoned R-6, Low Rise Apartment District.  She stated the site will have access to Skyline Drive and sanitary sewer, water and storm water will not be affected by this application.

 

Ms. Carlson described the difference between this proposed unipole and a monopole being that the antennas on this unipole are contained within the pole.  She stated it is designed to blend in with its surroundings and looks like a utility pole.  The applicant, Ms. Carlson stated, had proposed a 60 foot tower, but at this particular height it could not support co-locations.  Staff has recommended an 80 foot tower, as it will allow one co-location.  She stated there would be a six-foot high fence around the pole with a gate at Skyline Drive, limiting access to the site.  Ms. Carlson stated that the pavement at this site would be permeable, which allows storm water to seep through rather than repelling it.  Landscaping would also be added in the form of trees around the fence and access road.  Property owners were notified by the applicant of a neighborhood meeting which none attended.  She stated that Planning & Zoning Commission recommends approval of the 80 foot tower.

 

Council Member Martin asked if the fence would be a privacy fence.  Ms. Carlson said that was correct.

 

Mayor Hawkins stated that, if anyone present wished to speak to the application, he would allow it.  Seeing no one, he referred the application to Council for discussion.

 

Council Member Collins moved to approve the site plan.  Council Member Martin seconded the motion which carried unanimously and is inscribed in Resolution No. 2179.

 


2.         COOPERATIVE AGREEMENT WITH SPRINT SPECTRUM LP – ORDINANCE

 

Document No. 6257 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 Hester moved to approve the ordinance.  Council Member Martin seconded the motion.  Mrs. Martin said she appreciated staff providing the seasonal photo simulations for comparison.  Mayor Hawkins asked David Cox, whose residence is near the site, if he wished to speak to the cooperative agreement.  Mr. Cox said he did not.

 

The motion carried unanimously; it was approved by the Chair and is inscribed in Ordinance No. 8722.

 

C.         COOPERATIVE AGREEMENT WITH MID-AMERICA REGIONAL COUNCIL FOR OPERATION GREEN LIGHT TRAFFIC CONTROL SYSTEM – ORDINANCE (SECOND READING)

 

Council Member Hadden said she had read through the materials but would appreciate clarification of the new charges.  Public Works Director Steve Hansen stated that the agreement includes costs for the first phase covering implementation, including hardware and software as well as communication items.  He stated the additional cost estimates provided address replacing the controller in a later phase of the project plus operations and maintenance.  He cautioned that these are just projections, with estimates based on the level of maintenance required and could vary depending on participation in the Green Light project.  He said the future costs are still being analyzed and reviewed.

 

Council Member Martin asked when closer estimates would be available.  Mr. Hansen said it would be after area cities agree to participate and there is a better understanding of what signals will be in the system.  Mrs. Martin asked if the $1,670 is a one time charge.  Mr. Hansen said it is a one time charge but the amount is an estimated maximum cost for this phase.  Mrs. Martin stated she had thought the $1,670 was the only cost and said they should know the overall maintenance costs.  Mr. Hansen said the projections are the only figures available at this time but the City can opt out of the program at any time and would just have its one signal taken off the system.  Mrs. Gentrup noted that the City will have responsibility for only one signal, but there are three others along 152 Hwy. that come under MoDOT’s participation – at Forrest, Conistor and Blue Jay.

 

Council Member Collins said he is in favor of the overall concept and with the others in line, it makes sense to participate.

 

Council Member Hadden asked if these are the only signals that could potentially be in the system in Liberty.  Mr. Hansen said there is a secondary corridor along M-291 at Liberty Drive and Withers Road.  He added that signals at the I-35/M-291 Hwy. interchange, after the improvements are completed, could be included.

 

Mayor Hawkins asked if the South Liberty Parkway would be included.  Mr. Hansen said it had not been identified at this time.  Mayor Hawkins asked if the projected maintenance costs are affected by the number of signals in the system.  Mr. Hansen said the projections are based on the whole system and incorporate federal funding for the project through 2007.  He said in 2008 and 2009 the costs could be greater because the system would be weaned from federal funding.  Mr. Hansen said these projected costs were just made available at his request and would likely be made available to the other participants as well.

 

Council Member Hadden asked if there would be additional costs with every new signal.  Mr. Hansen said there would be, but not as much as this initial implementation cost.  Council Member Martin asked if there was a way to reevaluate the costs next year at budget time.  Mr. Hansen said the costs are budgeted with traffic signal maintenance but may be a separate line item in the future for Operation Green Light specifically.  Mrs. Gentrup added that, once the system is operational, the City can evaluate its participation in the project.

 

Mayor Hawkins said it seems appropriate motivation toward better traffic management and that three of the four signals identified in Liberty are through MoDOT.  Mr. Hansen said there are benefits to the residents of Liberty and the traveling public in general, including reduced pollution.  Council Member Hadden added that this project may make participants eligible for air quality mitigation funds through 2007.

 

Council Member Robertson asked what would happen if the signals were not timed properly.  Mr. Hansen stated the City has the ability to require changes and will have a monitoring station at City Hall.  He said City staff would work with the regional center staff in these instances.  Mr. Robertson asked if Opticom would be affected.  Mr. Hansen said it would not.

 

Document No. 6254 was read.  Council Member Martin moved to approve the contract.  Council Member Hester seconded the motion, which carried unanimously.  It was approved by the Chair and is inscribed in Ordinance No. 8723.

 

D.        LIBERTY DRIVE TRAFFIC SIGNAL IMPROVEMENTS PROJECT

 

Council Member Martin asked what makes the signals so expensive.  Mr. Hansen said the equipment in the cabinet is the major cost along with the poles.  Mrs. Martin asked if the savings would go back into the capital fund.  Mrs. Gentrup said they would.

 

1.         FINAL CONTRACT AMENDMENT WITH G & G SIGNALS AND LIGHTING INC. FOR CONISTOR SIGNAL INSTALLATION DECREASING THE CONTRACT AMOUNT BY $12,243.05 – ORDINANCE

 

Document No. 6258 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 Martin 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. 8724.

 

2.         FINAL CONTRACT AMENDMENT WITH G & G SIGNALS AND LIGHTING INC. FOR SOUTH WALES SIGNAL INSTALLATION DECREASING THE CONTRACT AMOUNT BY $5,411.32 – ORDINANCE

 

Document No. 6259 was read.  Council Member Coe moved to waive the rules and consider the ordinance on first reading.  Council Member Robertson 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. 8725.

 


3.         ACCEPTANCE OF PROJECT – RESOLUTION

 

Council Member Coe moved to accept the project.  Council Member Martin seconded the motion, which carried unanimously and is inscribed in Resolution No. 2180.

 

E.         CONTRACT WITH CLAY COUNTY SANITARY & DITCHING IN AN AMOUNT NOT TO EXCEED $94,530 FOR WEST COLLEGE STREET WATER MAIN IMPROVEMENTS – ORDINANCE

 

Council Member Robertson said the bids came in very low, at one half the estimates.  He expressed concern that there would be change orders increasing the costs.  Mr. Hansen said the bids had been analyzed and are reflective of the costs for the project.  He said he could not explain the engineers’ estimates, which are not done by staff but by outside sources, that use their own experiences with other projects to determine estimated costs.  He said this vendor is a local contractor and has provided good services in several previous City projects.

 

Mr. Robertson asked about the timing of the project.  Mr. Hansen said he would get that information and make it available to Council.

 

Document No. 6260 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 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. 8726.

 

X.         OTHER BUSINESS – None.

 

XI.               MISCELLANEOUS MATTERS FROM CITY ADMINISTRATOR

 

Mrs. Gentrup asked Planning & Development Director Steve Anderson to review the results of the recent design charrette for Phase II of South Liberty Parkway.  Mr. Anderson reviewed the process, which included participants from City Council, Planning & Zoning Commission, Park Board, Chamber of Commerce, Clay County, Missouri Department of Transportation, affected property owners, members of the development community and citizens from earlier planning projects along with the design team.  He particularly thanked Council Members Hester and Parker, planning commission and park board members for their participation.

 

He stated that, after two days of discussions, nine different looks had been developed for the alignment and design of South Liberty Parkway from Withers Road to M-291 Hwy.  These different looks could be generalized into two alignments:  Ruth Ewing Road southerly to Withers Road and an alternative connection north of Old 210 Hwy. with the parkway sweeping towards Birmingham Road then to the tie-in at Withers Road.

 

He stated the consultants would now be working to refine the engineering and costs for both alignments, which would then be reviewed in a joint session of City Council and the Planning & Zoning Commission.  He stated that both preliminary designs address principles from the Blueprint for Liberty, which calls for traditional neighborhoods and a town center.  He noted that in both views, a half-mile area has been identified as a town center, at which point the parkway takes on a different look, incorporating a “multi-way boulevard”.  This will include landscaped medians and large pedestrian ways on each side.  There will be frontage streets on both sides of the parkway.  Mr. Anderson said this design has been used successfully in other areas of the country.

 

Mayor Hawkins said this design appears not to lose the ability to move traffic while still addressing the Future Land Use Plan.  He asked what response had come from Property Reserve.  Mr. Anderson said it had been positive.  Mr. Anderson said the designs would be refined over the next two months and City Council and Planning & Zoning Commission direction would then be sought.

 

Council Member Coe asked if there are more bridges identified in one design than the other.  Mr. Anderson said that would be determined with the preliminary engineering work, however, there was discussion about what becomes of the intersection at M-291, whether it will go over or tie-in, but that had not be firmed up in either design.

 

Council Member Hadden commented that the secondary roads would allow for increased traffic movement and that Ruth Ewing Road could be used for that purpose if the southern route is chosen.

 

Mrs. Gentrup stated there is a metro-wide movement to address no smoking in public areas and staff has attended several meetings at which the topic was discussed.  She asked if Council wished to have the subject placed on a study session agenda.  The general consensus was to consider it.  Mrs. Gentrup said it would not be scheduled within the next few months, but would likely come forward at a study session after the first of the year.

 

Mrs. Gentrup also reviewed a press release that would be issued this week, regarding the impact of the two national tournaments at Fountain Bluff Sports Complex on the local economy.  She noted more than $1 million is estimated to have been spent locally during these tournaments and $10,000 had been netted by the sports complex.

 

She also stated that the effect of sports complex construction costs on Liberty 2010 would be provided soon to the Council, CIP Task Force and Park Board.

 

XII.            MISCELLANEOUS MATTERS FROM MAYOR AND CITY COUNCIL

 

Mayor Hawkins talked about the efforts with respect to business retention, noting that he and staff had talked with members of the Clay County Economic Development Council and were working on the particulars of the group that would visit local businesses.  He indicated it would likely be the mayor, city administrator and a member of the business community that would make the calls on businesses in Liberty.

 

Council Member Coe asked for an update on his earlier question about the signal at M-152 and I-35 interchange.  Mr. Hansen stated they had contacted MoDOT but did not yet have a reply.

 

Council Member Hadden referred to the recent issue of Missouri Municipal Review, which has a cover story about Liberty.  She complimented Public Relations Coordinator Sara Cooke for the good article.

 

XIII.     ADJOURNMENT

 

The meeting adjourned to study session at 8:00 p.m.

 

 

                                                                                    __________________________________

Mayor

 

Attest:

 

 

_____________________________________

Deputy City Clerk