CITY COUNCIL MEETING

MINUTES

MONDAY, JANUARY 10, 2005

 

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 December 20, 2004 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 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; 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; Steve Anderson, Planning & Development Director; Craig Knouse, Police Chief; Chris Deal, Parks & Recreation Director; Donna Kay Taylor, Community Center Manager; Linda Tyree, Finance Director; Lyndsay Heal, Management Assistant; Jane Sharon, Deputy City Clerk; Angie Borgedalen, Liberty Tribune; Joe Cook, Sun News and 18 members of the public.

 

IV.       APPROVE MINUTES AND SUMMARIES

 

A.                 SPECIAL SESSION MINUTES OF DECEMBER 20, 2004

 

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

 

B.                 SPECIAL SESSION MINUTES OF JANUARY 3, 2005

 

Council Member Hester moved to approve the minutes as distributed.  Council Member Martin seconded the motion, which carried 6-0-1.  Council Member Brenton abstained due to absence.

 

C.                 STUDY SESSION MEETING SUMMARY OF JANUARY 3, 2005

 

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

 

D.                 EXECUTIVE SESSION MINUTES OF JANUARY 3, 2005

 

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

 

V.        CITIZENS’ PARTICIPATION

 

Mayor Hawkins recognized Zach Taylor of Boy Scout Troop 134, present with his father, Casey Taylor, observing the Council meeting while working on his Citizenship in the Community badge.

 

VI.       MEETING SCHEDULE

 

Mrs. Gentrup stated that a study session was scheduled for Tuesday, January 18, due to the Monday holiday and January 31 is a fifth Monday, so there would be no meeting that evening.

 

VII.      CONSENT AGENDA

 

A.                 AUTHORIZE EXECUTIVE SESSION TO BE HELD JANUARY 10, 2005 IN THE COUNCIL CONFERENCE ROOM IMMEDIATELY FOLLOWING THE REGULAR SESSION TO DISCUSS PERSONNEL MATTERS AS AUTHORIZED BY 610.021(3) RSMo – MOTION

 

Council Member Hester moved to authorize the executive session.  Council Member Hadden seconded the motion which carried unanimously.

 

B.         RESOLUTION OF APPRECIATION FOR LARRY WEPLER – RESOLUTION

 

Mayor Hawkins then read a resolution of appreciation for outgoing Planning & Zoning Commissioner Larry Wepler, thanking him for his many years of service to the City and its citizens.

 

Council Member Robertson moved to approve the resolution.  Council Member Parker seconded the motion, which carried unanimously and is inscribed in Resolution No. 2194.

 

Mr. Wepler thanked members of the Park Board, Planning & Zoning Commission with whom he had served as well as the Mayor and Council for the opportunity to serve.  He said he intended to stay involved.

 

VIII.     PUBLIC HEARINGS – None.

 

IX.       ORDINANCES, CONTRACTS AND RESOLUTIONS

 

A.                 ACKNOWLEDGEMENT OF VENDOR PAYMENTS FROM DECEMBER 17, 2004 THROUGH JANUARY 7, 2005 – ORDINANCE

 

Document No. 6306 was read.  Council Member Robertson moved to approve the ordinance.  Council Member Martin seconded the motion.

 

Council Member Martin asked what was included in check no. 86499.  Finance Director Linda Tyree stated it was the cost of outfitting the new animal control van.  Police Chief Knouse clarified that costs include the insert to make an animal control van out of a regular van.

 

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 Brenton – yes; Council Member Robertson – yes.  The motion carried unanimously; it was approved by the Chair and inscribed in Ordinance No. 8768.

 

B.         *AMENDMENT TO CITY CODE PERTAINING TO OVERSIZED VEHICLE PARKING IN RESIDENTIAL AREAS – ORDINANCE

 

Management Assistant Lyndsay Heal reviewed the previous discussions regarding tow truck parking, beginning with Kenneth Cox, attorney for L-L Towing, proposing at a Council meeting on August 23, 2004 an amendment to allow tow truck parking in residential areas.  Council directed staff to prepare information for review at a study session on December 6, 2004.  At that time staff reported that the City’s ordinances currently allow trucks smaller than 20 feet and 12,000 pounds gross vehicle weight to park off the street in residential areas.  Six other communities in the area have similar regulation of oversized vehicles in their ordinances.  When this was discussed in study session, staff recommended the existing ordinance remain in place, due to the effect of such a change on the neighborhoods and tow truck response currently meeting the City’s requirements.  Ms. Heal stated that Council then requested this be placed on a regular session agenda to get input from the public and formally consider an amendment to City Code.

 

Council Member Collins asked for clarification of the current ordinance.  Ms. Heal stated that off-street parking of tow trucks is restricted by weight and length in the City Code and the Zoning Ordinance allows one shorter truck to be parked off-street.  Mr. Collins asked if that meant there could be two trucks parked, one off-street and one on the street, with this amendment.  Ms. Heal said this amendment would allow one truck not exceeding 33 feet in length or 28,000 pounds in weight to be parked off the street in residential areas.  Mayor Hawkins asked if the amendment addresses width of the vehicles.  Ms. Heal said it only addresses length and weight.

 

Council Member Martin asked if tow trucks could be parked on the street for longer than two hours.  Ms. Heal said trucks in operation can be parked on the street for more than two hours.

 

Mayor Hawkins stated this is not a public hearing, but realizes there are many present wishing to comment on the issue.  He said the format for addressing the Council would be like a public hearing, in that those in favor of the amendment would speak first, followed by those in opposition or with questions.

 

Kenneth Cox, 200 Westwoods Drive, provided a copy of a letter that had been circulated in the neighborhood and thirty people had signed, stating their understanding of and support for the amendment to the City Code allowing tow trucks to park in residential areas.  He stated that, at the December 6, 2004 study session, he had addressed the concerns raised by staff – increased traffic, noise and fumes from the vehicles and blocking the sidewalk.  He stated that blocking the sidewalk was easily addressed by language in the ordinance.  As to noise and fumes of the larger trucks, Mr. Cox said that is a non-issue, because no more noise and fumes would be created than with the current vehicles allowed.  He stated that traffic on the streets is not currently regulated and any size vehicle may be parked for two hours at a time.  At night, he stated, this would be a difference in size, but there would be the same amount of traffic.  Mr. Cox said all three staff issues had been addressed.  He said Council’s concerns about support of the residents had been addressed by the letter he had just provided, with 30 people supporting the amendment.  Mr. Cox noted that oversized vehicles are already allowed in neighborhoods, as recreational vehicles may be parked in residential areas, and he said these are larger than tow vehicles.  Mr. Cox stated that tow vehicles provide a valuable service to the community by removing disabled vehicles.  He said that rapid response requirements are being formulated by the Missouri Department of Transportation (MoDOT) and that agency requires larger vehicles to be available for service.  He stated that, without knowing what the situation is to which the driver is responding, the tow truck at the residence must be started and driven to pick up the larger vehicle, often retracing steps past the same point of beginning, thereby needlessly increasing the response time.  He said this all weighs in favor of the ordinance being amended.  There are safety issues with disabled vehicles on the streets and MoDOT wants them cleared as soon as possible.

 

Council Member Martin asked for Mr. Lemons’ address.  Mr. Cox said it is 421 N. Gallatin.

 

Mayor Hawkins asked if anyone else present wished to speak in favor of the amendment.  Seeing none, he asked if anyone wished to speak in opposition to the amendment.

 

Sam Houston, 310 N. Gallatin, stated this is not the first time he had approached the Council.  He stated he had represented Ward I for eighteen years as a council member and he ran for one reason, to build up the neighborhoods along North Gallatin, because they had never had funds made available.  He stated he was born and raised in the neighborhood and, while he was not asking the Council to do him or Mr. Lemons any favors, he was asking them to be fair and protect the citizens of Liberty.  He said the tow truck business shouldn’t be operated in the residential neighborhood.  Mr. Houston said, when he was young, Gallatin was a dirt road and there were no storm sewers.  As a council member, he had worked to get funding for street and storm sewer improvements.  He said if he had a junk car in his drive, the City says it has to be moved.  He said there have been all kinds of vehicles where Mr. Lemons lives with a board fence hiding them.  He said the residents along Gallatin have toiled long and hard to fix up their homes and to fix up Gallatin Street.  He said there is no parking along the east side of Gallatin, but a tow truck is going to be allowed to park there.

 

Mr. Houston asked Council to consider what this amendment would do to the church.  He said there isn’t enough parking in the back lot and parishioners are allowed to park on the east side of Gallatin on Sunday.  He asked why a business that should be in a commercial area should be allowed to operate in this residential area.  He asked if council members would want a tow truck parked in their neighborhoods.  He said homeowners’ associations have rules restricting this, but Gallatin is an old area with no homeowners’ association to protect it.  Mr. Houston said Mr. Lemons has the dollars to buy and operate a commercial location and this amendment is not right.

 

A. Jay Byrd, 431 East Franklin, provided Council with a petition and his talking points.  He said he owns property at 415 N. Gallatin.  He said he had listened to Mr. Cox and the petition he had just passed on to Council contained 54 signatures of people who do not want the amendment to pass.  He stated those opposing the amendment are present this evening to oppose it in person.  Mr. Byrd stated that Tony Johnson has driven buses that weigh over 30,000 pounds and has indicated these large vehicles put pock marks in the street and will ultimately do more damage to the streets.  He said the residents along Gallatin have made commitments to caring for their homes.  He stated that these same residents had come before Council after the storm in 2003 to seek assistance in rebuilding their neighborhood and they are present this evening to express concern about the effect this amendment would have.  He said Mr. Lemons has done a number of good deeds for his neighbors and he would ask him to continue to be a good neighbor by not pursuing this amendment.

 

Pastor Tony Johnson, First Baptist Church, 336 N. Gallatin, expressed concern about tow trucks in the neighborhood related to church services.  He stated that big vehicles are a problem for the church and the community.  He asked Council to put themselves in the position of being a neighbor next door.  He said larger vehicles make more noise and trucks starting up at night disturb people’s sleep.  He asked Council to consider this issue subjectively.  He said the bigger tow vehicles take up 2-3 spaces and are unsightly.

 

Charles Lee, 316 N. Gallatin, stated that he knows Mr. Lemons and doesn’t want him to be hindered in making a living, but this is about where we live.  He said this community has young and older people living in it and he is concerned about safety with larger trucks pulling out into the street.  He stated that Mr. Lemons owns property at 414 N. Gallatin and a tow lot at Brown and Progress Streets.  He stated he had timed a trip from Gallatin to Brown and Progress and it had taken 5 minutes and 25 seconds.  He stated L-L Towing trucks are often parked at the Georgetown Furniture parking lot, further reducing the time to trade out trucks.  Mr. Lee asked why Mr. Lemons couldn’t park all his tow trucks there.  He stated that Mr. Lemons has recently purchased 425 N. Gallatin and asked if Mr. Lemons intended to park a truck at each residence if this amendment passes.  Mr. Lee said this is about the residents’ investment in where they live and asked Council not to amend the City Code to allow these larger tow trucks in this neighborhood.

 

David Kimbrell, 400 N. Water Street, stated he is not opposed to a business in a neighborhood.  He stated he operates the James Inn and had proposed a dinner theatre at that location, but realized it didn’t fit in the neighborhood.  He said one truck makes sense, but expansion must accommodate the additional parking needs.  He stated to operate a business the size of L-L Towing, the owner must show the ability to have appropriate parking and traffic.

 

Richard Boose, 307 N. Gallatin, stated that there is an antique vehicle parked in Mr. Lemons’ back yard and while the ordinance says only one truck, Mr. Lemons has a three-quarter ton truck and a Chevy Nova parked there too.  He said the ordinance says trucks can park on the street for two hours and if this proposed amendment is passed, the neighborhood could end up with eight tow trucks on our streets.  He said a bartender who is convicted of a DUI has his license pulled, but Mr. Lemons has been cited numerous times by the City and yet still does business in Liberty.

 

Cecil O’Dell, 464 N. Morse, stated that Mr. Lee had asked him to sign the petition in opposition to the tow truck parking amendment and had asked him to speak.  He said there was an 18-wheeler cab on Morse for a while and traffic could hardly get by.  The owner finally put it in his driveway, but it looks like an elephant.  He said accident scenes have fire trucks and police vehicles and they don’t immediately need a tow truck.  He said one drives down Corbin Street and it rattles and makes noise.

 

Mr. Boose said the tow trucks that are 33 feet long are not loaded.  He asked how long it would be when it was loaded with an SUV or other vehicle.  Jay Lemons, 421 N. Gallatin, said he does not bring them home loaded.  Mr. Boose stated he believes the fire department should conduct a safety inspection of this home, since it is a commercial operation.

 

Ken Robinson, 1108 N. Ridge, stated he is a member of the First Baptist Church and has served on the school board and is a teacher.  He stated that this is a commercial truck and as the size of vehicles continue to increase, it follows that the size of the tow trucks will also have to get larger.  He asked where they would draw the line in the future.  Mr. Robinson talked about the socio-economic status of the area and said there are areas nearby where the tow truck business could be located.  He stated this neighborhood is culturally rich and has historical landmarks, including the church.  He asked Council to preserve this neighborhood out of respect for the people living there and to consider its heritage before making a decision.

 

Document No. 6307 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 Brenton moved to approve the ordinance.  Council Member Martin seconded the motion.  Council Member Hadden stated that she had read the ordinance and had listened to the comments of Mr. Cox and still believes residential neighborhoods are not places for vehicles of this size.  She stated she would vote against the ordinance.

 

Council Member Parker asked if the proposed amendment included semi-trucks.  Ms. Heal said it does not because of the size limitations in the ordinance.

 

Council Member Brenton thanked the members of the public that had provided input.  He stated he had received several calls from residents throughout the City and, based on overwhelming public input in opposition to the ordinance, he would vote against the ordinance.

 

Council Member Robertson stated he was torn.  He stated he knows where the property is and the tow trucks are near a fire station and school buses travel Gallatin on a regular basis.  He stated there had been no complaints about those vehicles.  He said he wanted to support business, and he had started with just one truck.  On the other hand, Mr. Robertson stated, he had helped establish six homeowners’ associations, none of which allow trucks over 12,000 pounds.  He stated he wanted to vote for the ordinance, but then realized he owns property at 420, 422 and 426 N. Gallatin and it would be a conflict of interest for him to vote, so he would abstain.

 

Council Member Hester stated that she believes this ordinance is discriminatory against older neighborhoods that do not have homeowners’ associations and she would vote against the ordinance.

 

Council Member Collins stated that he had commented to someone that he wouldn’t mind if his neighbor parked tow trucks near him, and the person had said if he had all the space Mr. Collins’ has, he wouldn’t mind either.  Mr. Collins said he has maintained the philosophy that what people do is their business, but he has received many calls in opposition to this ordinance and, as he must represent the citizens, he would vote against the amendment.

 

Council Member Martin said she too wanted to thank the citizens for their input.  She stated that homeowners’ associations have restrictions and this would penalize older neighborhoods.  She stated that she works at the hospital and a 30-minute response time is not an issue for the City to determine.  If someone is on call at the hospital, not being able to respond within 30 minutes means they can’t live where they live or they can’t work at the hospital.  She stated she would vote against the ordinance.

 

The motion failed, 0-6-1, with Council Members Collins, Martin, Hester, Parker, Hadden and Brenton voting in opposition and Council Member Robertson abstaining, due to a conflict of interest.  Mayor Hawkins stated the motion failed and the ordinance was not adopted.

 

C.         ACCEPTANCE OF EASEMENTS FOR LIBERTY MANOR WEST STORM DRAINAGE IMPROVEMENTS – ORDINANCE

 

Document No. 6308 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 Brenton 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. 8769.

 

D.        ACCEPTANCE OF EASEMENTS FOR OAKWOOD BUSINESS PARK TRACT TWO - ORDINANCE

 

Document No. 6309 was read.  Council Member Brenton 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 6-0-1.  Council Member Robertson abstained, due to a conflict of interest.  It was approved by the Chair and is inscribed in Ordinance No. 8770.

 

E.         MAINTENANCE AGREEMENT WITH INTER-TEL TECHNOLOGIES INC. FOR PHONE SYSTEM – ORDINANCE

 

Document No. 6310 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.  Council Member Brenton asked if there has been any comparison done of the cost for the maintenance agreement versus a pay-as-you-go agreement.  Public Works Director Steve Hansen stated that the benefit to the agreement is having the assurance of a timely response when the phones are down because the agreement includes priority service designation.  He noted that adding phones or switching phone systems around is a separate cost from maintenance.  Mr. Hansen stated this agreement includes software upgrades and maintenance with the priority service.  Mr. Brenton encouraged staff to monitor the service and conduct a cost benefit analysis, but said he would vote to approve the agreement.  The motion carried unanimously; it was approved by the Chair and is inscribed in Ordinance No. 8771.

 

F.         PURCHASE AND INSTALLATION OF FILTRATION SYSTEMS FOR THE COMMUNITY CENTER LARGE INDOOR AND OUTDOOR POOLS FROM COMMERCIAL AQUATIC SERVICES IN AN AMOUNT NOT TO EXCEED $165,000. - ORDINANCE

 

Document No. 6311 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 Hadden seconded the motion.  Council Member Hester asked if the time frame during which the filtration system has operated is considered the average life of a system.  Community Center Manager Donna Kay Taylor stated the existing system had surpassed the 10-12 years expected.  Council Member Collins said if this system is anything like a hot water heater, it needs to be replaced.

 

Council Member Robertson asked why bids had not been solicited.  Ms. Taylor said Commercial Aquatic Services has provided excellent services to the community center.  Mr. Robertson said he believed bids should be taken to be competitive.  Mrs. Gentrup asked Ms. Taylor when the last bid process had occurred.  Ms. Taylor said the lowest bid had been accepted for the work on the hot tubs and that had not gone well.  She stated that the architectural firm that worked on the community center’s construction and expansion recommended only Commercial Aquatic Services.  Mr. Robertson stated he would vote for the ordinance, but believes there should have been a bid process.

 

Mayor Hawkins asked about the time frame for the project.  Ms. Taylor stated that it expected to take about 20-25 days and the project would occur in September, due to that being the lowest usage period.  She stated the project was coming forward now because it takes about four to five months to order and receive the necessary equipment.  Council Member Brenton stated that, based on that information, he would vote against the ordinance, because there is still plenty of time to solicit bids.  He stated the capital fund budget is a public record and vendors can see what is budgeted for the project, which doesn’t offer the opportunity to get competitive bids with just one vendor quoting a price.

 

Mrs. Gentrup asked the Council to remove the item from further consideration at this time, so that a bid process could be initiated.  Without objection, Council Members Hester and Hadden withdrew their motion and second on the ordinance.

 

X.         OTHER BUSINESS

 

A.        BLANKET PURCHASE ORDER FOR VEHICLE FUEL – MOTION

 

Council Member Martin moved to approve the purchase.  Council Member Hester seconded the motion.

Council Member Robertson asked how long this fuel would last.  Mr. Hansen stated that it should last all year.  He stated that the blanket purchase allows the City to lock in transportation costs and with the fuel prices remaining within an estimated range per gallon, they can calculate how much fuel the City will have.  Mr. Robertson asked how the amounts of bids from different vendors are always so close.  Mr. Hansen said vendors’ bids have been close in past years and may be a result of the general formula used in determining costs.

 

The motion carried unanimously.

 

XI.               MISCELLANEOUS MATTERS FROM CITY ADMINISTRATOR – None.

 

XII.            MISCELLANEOUS MATTERS FROM MAYOR AND CITY COUNCIL

 

Council Member Hadden stated that council members will be contacted for interviews as the process of development of a Downtown Master Plan gets underway by the Downtown Task Force.  She stated a charrette is being scheduled tentatively for the week of February 21, part of which may take place at the Corbin Theatre.

 

XIII.     ADJOURNMENT TO EXECUTIVE SESSION

 

The meeting adjourned at 8:33 p.m.

 

 

 

                                                                                    __________________________________

Mayor

 

Attest:

 

 

 

_____________________________________

Deputy City Clerk