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CITY COUNCIL MEETING

MINUTES

MONDAY, APRIL 28, 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 April 28, 2003 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 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; 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; Linda Tyree, Finance Director; Chris Deal, Parks and Recreation Director; Craig Knouse, Police Chief; Jim Griffey, Acting Fire Chief; Steve Anderson, Planning and Development Services Manager; Kyle Elliott, Planner; Donna Kay Taylor, Community Center Manager; Jane Sharon, Deputy City Clerk; Summer Harlow, The Kansas City Star; and 6 members of the public.

 

IV.            APPROVE MINUTES AND SUMMARIES

 

A.                 REGULAR SESSION MINUTES OF APRIL 14, 2003

 

Council Member Hadden moved to approve the minutes as distributed.  Council Member Brenton seconded the motion, which carried 7-0-1.  Council Member Robertson abstained, due to absence.

 

B.                 SPECIAL SESSION MINUTES OF APRIL 21, 2003

 

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

 

C.                 STUDY SESSION MEETING SUMMARY OF APRIL 21, 2003

 

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

 

D.                 EXECUTIVE SESSION MINUTES OF APRIL 21, 2003

 

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

 


V.            CITIZENS’ PARTICIPATION

 

A.                Proclamation for Soroptomists International of Liberty – 40th Anniversary

 

Mayor Hawkins read the proclamation celebrating the Soroptomists 40th anniversary and presented it to Liberty Soroptomist President Jan McCloud.

 

B.                 Proclamation for Liberty Day of Fasting and Rejoicing May 1, 2003

 

Mayor Hawkins read the proclamation for the National Day of Fasting and Rejoicing and presented it to Rean Duncan.  Ms. Duncan thanked the mayor and invited all to participate in the annual event culminating in the Community Prayer breakfast at the Community Center on Friday, May 3.  Council Member Collins said that the prayer breakfast is also a fundraiser for the Fellowship of the Concerned that provides assistance in the community.

 

C.                 Proclamation for National Historic Preservation Week – May 5 – 12, 2003

 

Mayor Hawkins read the proclamation designating historic preservation week in Liberty and presented the proclamation to Jerry Brant, who chairs the Preservation and Development Commission.  Mr. Brant announced a reception to be held at the Corbin Theater Group building on the Square, May 7, at 5:00 pm.

 

VI.            MEETING SCHEDULE

 

Mrs. Gentrup stated the meeting schedule stands as printed, with both a special and study session now scheduled for May 19.  The Tuesday regular session after Memorial Weekend has been cancelled.

 

VII.            CONSENT AGENDA

 

Council Member Hadden asked that item B be removed from the consent agenda and voted on separately.

 

A.                APPOINTMENTS

 

Liberty Community Christmas Tree Advisory Commission

 

Reappoint Steve Haymes to a term expiring 5-1-06

Reappoint David Chamberlain to a term expiring 5-1-06

 

Council Member Hadden moved to approve the appointments.  Council Member Robertson seconded the motion, which carried unanimously.

 

B.         APPOINTMENT OF GARY BIRCH AS FIRE CHIEF – MOTION

 

Council Member Hadden moved to approve the appointment.  Council Member Martin seconded the motion, which carried unanimously.  Mrs. Gentrup stated that 48 applications had been reviewed and the field narrowed to six applicants.  A panel interview, community tour, and meeting with the department were included in the recruitment process.  Mr. Birch will begin with the City on June 1 and a welcoming reception is scheduled for June 9.

 


C.         APPROVAL OF FIREWORKS DISPLAY FOR CELEBRATION LIBERTY – MOTION

 

Council Member Hadden moved to approve the appointments.  Council Member Robertson seconded the motion, which carried unanimously.

 

D.        AUTHORIZE EXECUTIVE SESSION TO BE HELD MAY 5, 2003 IN THE COUNCIL CONFERENCE ROOM IMMEDIATELY FOLLOWING THE STUDY SESSION TO DISCUSS REAL ESTATE MATTERS, AS AUTHORIZED BY 610.021(2) RSMo AND CONTRACT NEGOTIATIONS, AS AUTHORIZED BY 610.021(12) RSMo – MOTION

 

Council Member Hadden moved to approve the appointments.  Council Member Robertson seconded the motion, which carried unanimously.  Mrs. Gentrup stated the correct date for Celebration Liberty is Saturday, June 28.

 

VIII.            PUBLIC HEARINGS

 

A.        AMENDMENT TO COMPREHENSIVE PLAN TO ADOPT PARKS AND OPEN SPACE MASTER PLAN [P&Z CASE NO. 03-1087A; APPLICANT: CITY OF LIBERTY] – RESOLUTION (Continued from February 24, 2003 regular session and the March 24, 2003 regular session)

 

Mayor Hawkins asked if council members had any additional questions.  Council Member Robertson asked if the recommendations in the plan become law upon the plan’s approval.  Mrs. Gentrup stated that the plan concept and zones are being approved, but as with the land use plan, ordinances will come back to Council as the plan is being implemented.  Mayor Hawkins reiterated that the plan contains suggestions, not doctrine.

 

Council Member Martin moved to approve the resolution.  Council Member Hester seconded the motion, which carried 6-2-0.  Council Members Parker and Robertson voted in opposition.  The resolution is inscribed in Resolution No. 2128.

 

IX.            ORDINANCES, CONTRACTS AND RESOLUTIONS

 

A.                ACKNOWLEDGEMENT OF VENDOR PAYMENTS FROM APRIL 11, 2003 THROUGH APRIL 25, 2003 – ORDINANCE

 

Council Member Robertson asked that check no. 75275 be removed and voted on separately.

 

Document No. 6047 was read.  Council Member Robertson moved to approve the ordinance.  Council Member Hadden seconded the motion.

 

Council Member Brenton asked about check no. 75291 to Townsend and whether the City had partnered with anyone on the trip.  Parks & Recreation Director Chris Deal this was a trip arranged for the Liberty seniors and expanded to seniors in the community through this advertisement.  He said nine were needed for the trip to go and only two signed up so the trip was cancelled.  Mr. Brenton asked how the travel vendor was selected for the trip and expressed concern about essentially advertising for that vendor in the ad.  Mr. Deal said that this is a service used by other parks departments and it provides an opportunity for a different kind of activity for seniors in Liberty.  Council Member Collins asked if it is similar to offering tickets to Worlds of Fun.  Mr. Brenton said they don’t have to approve an expense for that service.

 


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. 8512.

 

B.                 *SITE PLAN APPROVAL OF A NEW 8,700 SQ. FT. TUNNEL CAR WASH [P&Z CASE NO. 03-210SP] – RESOLUTION (Continued from the March 24, 2003 Regular Session)

 

Planner Kyle Elliott reviewed the site plan for a tunnel car wash in the Liberty Industrial Park.  He said that rezoning for the property to C-2, General Business District, had been approved by Council in March.  This zoning allows car washes outright.  He stated that adequate public facilities are available to the site and all services can be connected.  He stated that an on-site basin would address storm water and a facilities easement with the county would be required.  Mr. Elliott stated that the property was platted prior to January 2002 and the Roadway Development Tax would not apply if permits were pulled before January 2004.

 

Mr. Elliott stated three vacuum islands would be part of the facility.  He said that the Planning & Zoning Commission continued the application in March for revision to the sight distances.  A revised plan came forward to the Commission in April, he said.  Mr. Elliott reviewed the sidewalks for the site, the landscape plan and noted there would be no free-standing lighting fixtures.

 

Mr. Elliott stated the car wash would occupy 2/3 of the site and there is adequate space for another use.  He stated the Planning and Zoning Commission recommended approval with the stipulation that “the primary façade material for the structure shall be brick or split-faced block.”

 

Council Member Hester asked about the detention area.  Mr. Elliott said the area would only contain water when it rained.  He said it will be a slight depression.  Council Member Hadden asked about the split-based block for the façade.  Mr. Elliott stated the tone and texture are similar to what is in the rest of the area.  Council Member Collins asked about traffic patterns.  Mr. Elliott stated customers would enter and exit from Sutton Place.  Council Member Brenton asked what access a new business would use if added to the undeveloped part of the tract.  Mr. Elliott said the Sutton Place access was considered adequate for any additional traffic an additional business would bring to the site.  He said that was a benefit of the design.  Planning & Development Services Manager Steve Anderson said there would only be the one curb cut for the site.  Mrs. Hadden asked about parking for any additional business.  Mr. Elliott said there would be room for sufficient parking.  Council Member Hester asked about the location of the storm water detention.  Mr. Elliott said it would be at the northwest corner of the site.  Mayor Hawkins clarified that car wash water would be handled through regular channels.  Mr. Elliott said that was correct.

 

Council Member Robertson moved to approve the resolution.  Council Member Hester seconded the motion, which carried unanimously and is inscribed in Resolution No. 2129.

 

Council Member Robertson left the meeting at this time.

 

C.                 *OLDCASTLE – LIBERTY DEVELOPMENT OF ONE 32.13 ACRE LIGHT INDUSTRIAL LOT NORTHEAST OF OLD 210 HIGHWAY AND LIBERTY LANDING ROAD

 

Mr. Elliott reviewed the preliminary plat proposed for a lot northeast of Old 210 Hwy. and Liberty Landing Road.  He stated that safety improvements would be required to the roadway with an eastbound left turn lane needing to be added on Old 210 Hwy. at the site.  He said the storm water drainage would be to the south and the two lots are fairly level.  He said that the property is in a designated flood plain so the elevation would have to be above the designated level.

 

The Planning & Zoning Commission recommended approval of the preliminary plat.

 

Mr. Elliott reviewed the final plat, which conforms to the preliminary plat.  He stated that the Planning & Zoning Commission recommends approval.

 

Mr. Elliott then reviewed the site plan for the 31,000 plus sq. ft. facility.  He stated the company would be making concrete landscaping pavers.  These would be picked up from this facility and distributed regionally to home improvement centers.  Mr. Elliott stated that the truck traffic would add no obvious vibrations to the road.  The building would face south and have windows.  The final floor elevation would have to be brought up about 3 feet to address the flood plain requirements.  He stated that the Planning & Zoning Commission with the following stipulations:  1) the eastbound left-hand turn lane must be constructed prior to occupancy of the building; and 2) the berm located in the northwest corner of the lot shall be removed, but the landscaping proposed for the berm area shall be retained.  He stated that the development is subject to the Roadway Development Tax in the amount of $28,367.43.

 

Council Member Hester asked if the detention would be an open pond.  Mr. Elliott said it would allow the storm water to flow over the grass.  Council Member Hadden asked about the function of the taller area of the building.  Mr. Elliott said there would be a spiral stairway to observe the mixing.  Council Member Martin asked if the weight of the loads would add stress to Old 210 Hwy.  Public Works/Development Services Director said it was not a concern as the road was an old state highway and could handle the traffic.  Mrs. Martin asked for clarification of where the storm water runoff would be directed.  Mr. Elliott stated it would be natural drainage from north to south and would flow over the grass.  It would allow particles to be cleaned from the water heading east to the channel.  Mrs. Martin asked if it was aesthetically designed.  Mr. Elliott said it was.

 

1.            PRELIMINARY PLAT – (P&Z CASE NO. 03-1091PP; APPLICANT:  OLDCASTLE COMPANY] – RESOLUTION

 

Council Member Brenton moved to approve the preliminary plat.  Council Member Martin seconded the motion, which carried 7-0-1.  Council Member Robertson abstained due to a potential conflict of interest.  The resolution is inscribed in Resolution No. 2130.

 

2.            FINAL PLAT – [P&Z CASE NO. 03-1092FP; APPLICANT:  OLDCASTLE COMPANY] – ORDINANCE

 

Document No. 6047 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 final plat.  Council Member Hester seconded the motion, which carried 7-0-1.  Council Member Robertson abstained due to a potential conflict of interest.  The ordinance was approved by the Chair and is inscribed in Ordinance No. 8513.

 

3.            SITE PLAN FOR CONSTRUCTION OF A NEW 31,000 SQ. FT. LIGHT INDUSTRIAL BUILDING [P&Z CASE NO. 03-211SP; APPLICANT:  OLDCASTLE COMPANY] – RESOLUTION

 

Council Member Coe moved to approve the site plan.  Council Member Martin seconded the motion.  Council Member Brenton asked of the product would be sold at the site.  Andy Vernick with OldCastle, stated he is the general manager at the Michigan facility.  He


stated the primary market is to home centers and a high-end product line to installers.  He said they would not be selling on site.  The motion carried 7-0-1.  Council Member Robertson abstained due to a potential conflict of interest.  The resolution is inscribed in Resolution No. 2131.

 

Council Member Robertson returned to the meeting at this time.

 

D.                AGREEMENTS WITH AQUILA FOR STREET LIGHTS

 

Mr. Hansen stated that this proposal renews an agreement with Aquila made in 1992.  He stated that it had gone to second reading at the request of Council to review options for a shorter term contract.  He stated that this agreement is for two years with automatic renewals for an additional two years unless the City notifies Aquila 180 days prior to expiration of the agreement.  He stated that the original contract had a credit for outages.  He stated that no longer is included.  Mr. Hansen stated that Aquila had worked through problems with bad bulbs and the product being used now has a longer life span.  Mrs. Gentrup stated the term of the contract was the biggest change.

 

Mayor Hawkins asked if people are informed of the number to call when street lights are out.  Mr. Hansen stated that Aquila has asked the City to encourage people to call and report outages.  Council Member Parker said that, by reporting the pole number, Aquila can make the necessary repairs more quickly.  Council Member Brenton asked if the approval of the contract would make it retroactive to January 1.  Mr. Hansen said it would.  Mr. Brenton asked if notice would have to be given then by July 1, 2004 in order not to renew.  Mr. Hansen said that was correct.  Council Member Robertson stated that street lights had been out in Clay Meadows and they were on within a week of being reported.

 

Council Member Collins asked what options the City has if it does not renew.  Mrs. Gentrup stated that is what staff would be reviewing.

 

1.            RENEWAL OF CONTRACT WITH AQUILA FOR STREET LIGHT MAINTENANCE AND INSTALLATION SERVICES – ORDINANCE

 

Document No. 6014 was read.  Council Member Hadden moved to approve the contract.  Council Member seconded the motion, which carried unanimously.  It was approved by the Chair and is inscribed in Ordinance No. 8514.

 

2.            AUTHORIZATION FOR STREET LIGHT INSTALLATION IN PARKVIEW MEADOWS 2ND PLAT AND AT THE FOUNTAIN BLUFF SPORTS COMPLEX – MOTION

 

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

 

E.                 ICMA-RC AGREEMENTS

 

 

Mrs. Gentrup stated this change allows compensatory time payouts to be added to employee’s retirement health saving plan.  The second change addresses how forfeited funds can be used.  The City would place these funds in a forfeiture account if there are no stated beneficiaries.

 


1.            AMENDMENT TO RETIREMENT HEALTH SAVINGS PLAN TO INCORPORATE COMPENSATORY TIME OFF PAYOUTS – ORDINANCE

 

Document No. 6049 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, which carried unanimously.  It was approved by the Chair and is inscribed in Ordinance No. 8515.

 

2.            AMENDMENT TO INTEGRAL PART TRUST INCORPORATING NEW LANGUAGE REQUIRED BY THE INTERNAL REVENUE SERVICE – ORDINANCE

 

Document No. 6050 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 Coe 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. 8516.

 

X.            OTHER BUSINESS

 

A.        PURCHASE OF SERVICES FROM THE WALDINGER CORPORATION FOR HVAC REPAIRS TO COMMUNITY CENTER POOL IN THE AMOUNT OF $22,033.37 – MOTION

 

Community Center Manager Donna Kay Taylor provided a general update on the community center expansion.  She stated that the administration area is almost complete and the upper level of the theater is complete.  She stated the meeting room work would begin in June and senior’s activity would be moved to the gym during that work.  Ms. Taylor stated the lower level of the theater is expected to begin in July; the masonry work has been completed.  By June, Ms. Taylor said, the interior of the new portion would be started.  Council Member Robertson asked about access to the fitness area.  Ms. Taylor said that by mid-June they expected to be out of the existing space and would be in the game room area for about two months.

 

Council Member Robertson moved to approve the purchase.  Council Member Hester seconded the motion.  Council Member Martin asked if the repairs would protect the air damper outside from the chlorine.  Ms. Taylor said that problem has been resolved.  The motion carried unanimously.

 

XI.               MISCELLANEOUS MATTERS FROM CITY ADMINISTRATOR – None.

 

XII.            MISCELLANEOUS MATTERS FROM MAYOR AND CITY COUNCIL

 

Council Member Coe asked if the traffic study done by the police is available.  He expressed concerns about the speeding along that street continuing to be a problem.  Mrs. Gentrup said the study had just been completed and the report would be made available to Council.

 

Council Member Hadden stated she had a call about a speeding problem on Scott Drive.  Mrs. Gentrup stated that staff would look into it and report back.

 

XIII.            ADJOURNMENT

 

            The meeting was adjourned at 8:16 p.m.

 

 

                                                                                   

                                                                                                __________________________________

Mayor

Attest:

 

           

            _____________________________________

Deputy City Clerk