CITY COUNCIL MEETING

MINUTES

MONDAY, DECEMBER 8, 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 December 8, 2003 with Mayor Stephen P. Hawkins presiding.  Mayor Hawkins called the meeting to order at 7:02 p.m.

 

II.         INVOCATION AND PLEDGE OF ALLEGIANCE

 

            The invocation was given by Council Member Ed Collins, 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/Development Services Director; Chris Deal, Parks & Recreation Director; Linda Tyree, Finance Director; Marcella McCoy, Assistant Finance Director; Kathy Goode, Assistant Finance Director; Lyndsay Heal, Management Assistant; Jane Sharon, Deputy City Clerk; Amaan Batheia, The Kansas City Star, and 4 members of the public.

 

IV.       APPROVE MINUTES AND SUMMARIES

 

A.                 REGULAR SESSION MINUTES OF NOVEMBER 24, 2003

 

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

 

V.        CITIZENS’ PARTICIPATION

 

            Mayor Hawkins read a resolution commending Ryan Carlyle for his scholastic achievement in receiving the highest possible score on the SAT.

 

            Council Member Hadden moved to approve the resolution.  Council Member Robertson seconded the motion, which carried unanimously and is inscribed in Resolution No. 2152.

 

            Mrs. Gentrup called Council’s attention to a card signed by 27 bus riders thanking Council for continuing the Liberty Express through KCATA in 2004.

 

VI.       MEETING SCHEDULE

 

Mrs. Gentrup stated a special session had been added to the December 15 schedule along with the study session.  There will now be no meeting on December 22 or December 29.  The next meeting is scheduled in 2004.

 

VII.      CONSENT AGENDA – None.

 

VIII.     PUBLIC HEARINGS – None.

 

IX.       ORDINANCES, CONTRACTS AND RESOLUTIONS

 

A.                 ACKNOWLEDGEMENT OF VENDOR PAYMENTS FROM NOVEMBER 21, 2003 THROUGH DECEMBER 5, 2003 – ORDINANCE

 

Document No. 6142 was read.  Council Member Hester moved to approve the ordinance.  Council Member Robertson seconded the motion.

 

Vote on the motion was as follows:  Council Member Collins – yes; Council Member Martin – yes; Council Member Hester – yes; Council Member Parker – yes; Council Member Hadden – yes; Council Member Brenton – yes; Council Member Robertson – yes.  The motion carried unanimously; it was approved by the Chair and inscribed in Ordinance No. 8610.

 

B.         *2004 OPERATING AND CAPITAL BUDGET

 

Mrs. Gentrup thanked Linda Tyree and the finance staff, Lyndsay Heal and department heads for all their work in putting together the 2004 budget.  She stated that the work began in July with the mid-year review and continued into August as assumptions were formulated.  Discussions about increases in expenditures included employee compensation, fees, technology equipment, and water and sewer needs.  Mrs. Gentrup stated that a draft of a budget had been presented to Council in a study session on November 3 and they concurred with what was presented at that time.

 

1.                   ADOPTION OF 2004 BUDGET - ORDINANCE (1^ST READING)

 

Finance Director Linda Tyree summarized the 2004 operating budget.  She stated details of the budget are in the binders provided to Council.  She stated the overall revenue is expected to increase by 3.7% in 2004 from combined increases in property taxes, franchise fees and sales tax, compared to 2003 receipts, including the expectation that Lowe’s would open in the fourth quarter of 2004.  Ms. Tyree stated that the proposed increase in license and permit fees and charges for services would generate another $285,000.  She said $300,000 in one-time monies are included and will have to be considered for the 2005 budget or service levels would have to be reduced.

 

Ms. Tyree stated that expenditures include a 2% increase in compensation for all City employees.  Approximately $500,000 is for pre-determined increases in costs for items such as insurance, fuel, utilities and computer maintenance.

 

Ms. Tyree stated the Parks operating budget for 2004 is $947,600. This fund provides maintenance of the City’s existing park system and recreational programs.  She stated the community center budget is at $1.6 million and the expansion this year has provided additional space for fitness training and rental facilities.  She stated the Sports Complex budget is $1 million in 2004 and, although 2003 was the first full year of operations, additional fields at the sports complex are expected to be available for play in 2004.

 

Ms. Tyree reviewed the enterprise funds, noting the water fund includes expansion of the water treatment plant, expected to be completed in 2004, and the second phase of the water system development charge to be implemented mid-year 2004.  She stated that the sewer fund’s budget is $12.3 million and includes a proposed $8.4 million bond issue subject to voter approval for the Rush Creek Sewer project.  She noted a 10% rate increase is proposed in 2004, as recommended in the 2002 rate study to fund sewer maintenance and capital costs.

 

The sanitary fund, Ms. Tyree said, has a budget of $1 million in 2004 with no rate increase scheduled during the year.

Council Member Collins asked how the City could be spending more than it is taking in.  Ms. Tyree stated that bond issues approved in prior years provide additional funds, along with the proposed sewer bond and roadway issue proposed in 2004.  These are considered debt, not revenues and so are not identified in the revenue numbers.  She stated there are also one-time funds and LAGERS reserves that amount to about $500,000.  Ms. Tyree noted that the detail shows the budget balancing with the use of these additional funds.  Mr. Collins asked if there was a way of presenting it so that it didn’t look like the City was proposing to spend $20 million it did not have.  Mayor Hawkins said the generally accepted practice is to identify this in the narrative.  He said he agreed, however, that it would be a good idea to have an explanation available showing that the City expected balances would be maintained in 2004.

 

Mayor Hawkins asked if the same was true for the roadway development bonds.  Ms. Tyree said the detail in the book shows fund balances.  Mayor Hawkins asked for something like what was presented to Council be prepared that included a beginning balance, the revenues anticipated in 2004 and an ending balance.  Ms. Gentrup said the information in the binder and the action report could be consolidated into such a document.

 

Assistant City Administrator Cynthia Boecker reviewed the 2004-2006 capital improvements plan, totaling almost $33 million.  She stated that the plan, reviewed by Council on November 3, included $15.5 million in 2004 expenditures, including funds from the Roadway Development Fund ($10.5 million) for the South Liberty Parkway and design of the interchange improvements at I-35/US69/M-33.  Construction on the South Liberty Parkway is anticipated to commence next spring, with completion targeted for 2005.  Interchange improvements are anticipated to begin in 2006.

 

She noted that $4.3 million in bonds are proposed for 2004.  Ms. Boecker stated the Roadway Development Fund Review Committee met last week and proposed an increase in the roadway development fund tax.  The committee’s review and recommendations are the topic of a study session scheduled for next Monday night.

 

Ms. Boecker reviewed the Liberty 2010 expenditures for 2004 totaling $3.8 million, including the 2004 overlay program, funding for the second phase of the storm water financing study, storm water improvement projects in Liberty Manor West and Holt Estates, design of a traffic signal at Withers/South Wales, construction of Gateway improvements at 152 and I-35 and design costs for a neighborhood improvement project.

 

Ms. Boecker stated that, in 2002, Council reviewed neighborhood improvement project candidates.  At that time, Council had asked staff to provide additional information about the projects and the impact of project expenditures on the capital plan.  The three highest priority projects identified were:  Craig Crest at a cost of $295,000, College Park ($555,000) and Sunset Hills/Clardy Heights ($1,960,000). At that time, staff recommended improvements to the Craig Crest neighborhood be accomplished, with the project delayed one year, design proposed in 2004 and construction in 2005.  She stated that Council did not concur with the Craig Crest recommendation and no neighborhood was selected.  Ms. Boecker stated that the 2003-2005 budget included an allocation of funds for design in 2004 with no neighborhood identified.  She said there is a placeholder in 2005 for a project to be identified as well.

 

Ms. Boecker stated that staff has recommended a citizen review committee be established to review capital funds and that the committee review and make recommendations to Council regarding the next neighborhood project.

 

She stated that the Liberty 2010 funds also include $460,000 for capital equipment purchases, including computers and vehicles.  Ms. Boecker noted that $34,300 in general fund one time monies are recommended for this expense.

 

Ms. Boecker stated that Parks’ capital projects total $190,000 and include $40,000 for parks improvements, $65,000 for community center improvements and $85,000 for sports complex improvements.

 

Fire sales tax capital projects include the purchase of a replacement pumper, equipment for a training room at Fire Station No. 1 and a $25,000 for fire equipment.  Ms. Boecker stated this sales tax also funds personnel costs for six firefighters, one-half of the salary of the public safety information systems position, added in 2003 at mid-year, and adds a training officer in 2004.

 

Ms. Boecker stated that a citizen task force is recommended to review the status of the Liberty 2010 plan, including revenue estimates and progress in meeting goals outlined in the original plan, review unfunded needs and review and prioritize projects recommended for completion in the plan.  She stated a committee would also review the fire sales tax fund to make recommendations regarding location and timing of construction of a fourth station and could review locations and timing to address facility needs.  This committee would be convened to conduct a review and make recommendations to Council in development of the 2005-2007 plan.

 

Council Member Brenton asked about the bonds to be issued.  Ms. Boecker said that there had been delays in construction of South Liberty Parkway in 2003 which delayed the need for, and therefore, issuance of $4.3 million in bonds.  Mrs. Gentrup stated that $15 million is the expected cost and $10 million had been issued, so an additional $4 – 5 million would be needed.  Mr. Brenton asked if this would be in 2004.  Ms. Boecker said it is planned in 2004, but depends on the timing of construction.

 

Document No. 6143 was read.  Mayor Hawkins stated this ordinance would go to second reading at the December 15 special session.

 

2.                   AMENDMENT TO SECTION 29-49.1, “SANITARY SEWER RATES”, OF THE LIBERTY CITY CODE – ORDINANCE (1^ST READING)

 

Mrs. Gentrup stated the next two ordinances put in place sewer rates and user fees, to be effective January 1, 2004.

 

Document No. 6144 was read.  Mayor Hawkins stated this ordinance would go to second reading at the December 15 special session.

 

3.                   2004 USER FEES AND SERVICE CHARGES

 

Deputy City Clerk Jane Sharon stated that these ordinances combine housekeeping actions with the proposal of fee increases.  She stated the first ordinance removes references to specific dollar amounts for user fees in the City Code and replaces them with language stating the fees are in a schedule of fees, approved by Council and on file with the deputy city clerk.  She said this language was used in recent amendments to the Buildings chapter of the Code, recently adopted by Council.

 

Ms. Sharon said the second ordinance pertains only to cemeteries and includes a change to the percentage of lot sale proceeds moved into trust, the replacement language with respect to fees identified in the City Code as well as the proposed increases to fees.  She stated that the fee increases and allocation of proceeds had been revised to reflect an effective date of January 1, 2004.

 

Ms. Sharon stated the third ordinance contains all other fees proposed to be increased in 2004, as reviewed by Council and brought forward at its direction.  She noted that another ordinance would come forward in January identifying the user fees and service charges (not being increased in 2004) authorizing modification in the future by resolution of Council.

 

Council Member Brenton asked about the fees changing in the amendments to the Code.  Ms. Sharon stated that the amendments to the Code do not change the fees themselves, they simply remove reference to the specific dollar amounts and replace them with language stating the approved fees will be on file with the deputy city clerk in a schedule of fees.  She said the fees are to be increased according to the amounts in the ordinance in Section III.

 

Mr. Brenton asked why the interment of ashes was to cost the same as others.  Mrs. Gentrup said that was the direction Council had given in its review of the proposed fees.  Mr. Brenton asked if the same amount of work is involved for both types of burials.  Mrs. Gentrup stated that staff would have to check into that and would respond.

 

a.         AMENDMENTS TO CITY CODE PERTAINING TO FEE SCHEDULES – ORDINANCE

 

Document No. 6145 was read.  Mayor Hawkins stated this ordinance would go to second reading at the December 15 special session.

 

b.         AMENDMENT TO CHAPTER 8, “CEMETERIES”, LIBERTY CITY CODE PERTAINING TO DISTRIBUTION OF PROCEEDS FROM LOT SALES AND FEE SCHEDULES AND ESTABLISHMENT OF FEES – ORDINANCE

 

Document No. 6146 was read.  Mayor Hawkins stated this ordinance would go to second reading at the December 15 special session.

 

c.         ESTABLISHMENT OF FEES AND CHARGES IN 2004 – ORDINANCE

 

Document No. 6147 was read.  Mayor Hawkins stated this ordinance would go to second reading at the December 15 special session.

 

C.         *TAX INCREMENT FINANCING FUNDING AGREEMENT WITH LTD ENTERPRISES, LLC – ORDINANCE

 

Public Works/Development Services Director Steve Hansen stated that staff had been in negotiations with CB Richard Ellis and Star Development to arrive at a funding agreement.  He stated this is the first step toward a redevelopment plan for Triangle outside the Lowe’s redevelopment project area.  He said that, once this funding agreement is approved, staff would work with the developer group to present a plan to the TIF Commission and then bring it forward to City Council.  He stated the agreement calls for a $75,000 deposit from the group along with its agreement to reimburse the City for expenses above the deposit amount.  Mr. Hansen stated the City’s TIF Counsel had approved the agreement.

 

Mayor Hawkins asked for clarification of when the TIF Commission would be involved again.  Mr. Hansen said when the plan is ready, it would first come forward to the TIF Commission and then to City Council.  He stated that the process is behind the earlier anticipated schedule, but staff is working with developers and the plan would come forward after the first of the year, it is hoped in the first quarter.

 

Document No. 6148 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 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. 8611.

 

D.        ACCEPTANCE OF EASEMENTS FOR CLAY MEADOWS 2^ND PLAT – ORDINANCE

 

Document No. 6149 was read.  Council Member Martin moved to waive the rules and consider the ordinance on first reading.  Council Member Hester seconded the motion, which carried unanimously.

 

Council Member Hadden moved to approve the ordinance.  Council Member Hester seconded the motion, which carried 6-0-1.  Council Member Robertson abstained due to a potential conflict of interest.  It was approved by the Chair and is inscribed in Ordinance No. 8612.

 

E.         AMENDMENT TO CONTRACT WITH CLAY COUNTY SANITARY & DITCHING SERVICES IN THE AMOUNT OF $33,497.35 FOR MOSS TO FAIRVIEW STORM DRAINAGE IMPROVEMENTS– ORDINANCE

 

Document No. 6150 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 Brenton seconded the motion, which carried unanimously.  It was approved by the Chair and is inscribed in Ordinance No. 8613.

 

F.         AGREEMENT WITH KCATA FOR CONTINUATION OF LIBERTY EXPRESS BUS SERVICES – ORDINANCE

 

Council Member Brenton asked if the City would be engaging the KCATA before the next budget discussions to determine costs.  Mrs. Gentrup said that could be done if Council directed.  She stated the fees are at about the top of what people will pay, $6 a day.  She said they were down about 10 riders from last year.

 

Mr. Brenton asked if the number of riders and whether they were Liberty residents could be determined, along with alternatives to raising rates for that discussion.  Mayor Hawkins said that would happen in the fall, during the budget process.

 

Document No. 6151 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 Hester seconded the motion, which carried unanimously.  It was approved by the Chair and is inscribed in Ordinance No. 8614.

 

G.         *SOLID WASTE MANAGEMENT

Management Assistant Lyndsay Heal stated that the next three ordinances addressed continuation of existing services for solid waste management.

 

1.         AMENDMENT TO AGREEMENT WITH BFI WASTE SERVICES OF KANSAS CITY – ORDINANCE

 

Ms. Heal stated that BFI offers curb-side yard waste pickup.  The 2002 program changed the number of months of the yard waste program to nine from a full year, required a lump sum payment and increased the fee to $90.  With citizen input, the City negotiated a change to the program offered, increasing the number of months to ten – March through December – and offering either a monthly payment schedule or lump sum payment of $100.

 

Council Member Brenton asked how the citizens would be notified.  Ms. Heal said that BFI would be responsible for getting the word out to its customers.  Mayor Hawkins said it would be appropriate for BFI to send a letter to its Liberty customers in addition to an ad.

 

Document No. 6152 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 Martin seconded the motion, which carried unanimously.  It was approved by the Chair and is inscribed in Ordinance No. 8615.

 

2.         AGREEMENT WITH DEFFENBAUGH INDUSTRIES FOR CONTINUATION OF DROP-OFF RECYCLING CENTER SERVICES – ORDINANCE

 

Ms. Heal stated that this agreement continues the drop-off recycling services available the third full weekend of each month.  She noted that an average of 200 residents use the drop-off site each month.  She stated that glossy, flat finish paper board is being added this year at no additional cost.

 

Document No. 6153 was read.  Council Member Martin moved to waive the rules and consider the ordinance on first reading.  Council Member Brenton seconded the motion, which carried unanimously.

 

Council Member Brenton moved to approve the ordinance.  Council Member Robertson seconded the motion.  Council Member Collins asked how the items differ between what is picked up curbside.  Ms. Heal said the drop-off collection site accepts glass and, now, poster board, would be added.  Mrs. Gentrup said there have also been additions to what is picked up curbside when BFI stopped accepting glass.  Council Member Hadden asked for a clarification of what items can be recycled where.  Mrs. Gentrup said that staff would get an answer for Council.

 

The motion carried unanimously; it was approved by the Chair and is inscribed in Ordinance No. 8616.

 

3.         AGREEMENT WITH MID-AMERICA REGIONAL COUNCIL FOR PARTICIPATION IN THE HOUSEHOLD HAZARDOUS WASTE PROGRAM – ORDINANCE

 

Ms. Heal said that, by participating in this program, Liberty residents can take items such as batteries, antifreeze and paint to either permanent facility or to any of the mobile events in the metropolitan area.  She stated that by participating in 2004, Liberty would agree to host a mobile event.

 

Council Member Brenton asked if the 163 residents identified were all from Liberty.  Ms. Heal said they were.  Mrs. Gentrup stated that the HHW program keeps detailed records so that the numbers reflect where participation comes from.

 

Document No. 6154 was read.  Council Member Brenton moved to waive the rules and consider the ordinance on first reading.  Council Member Robertson seconded the motion, which carried unanimously.

 

Council Member Hadden moved to approve the ordinance.  Council Member Hester seconded the motion, which carried unanimously.  It was approved by the Chair and is inscribed in Ordinance No. 8617.

 

H.        CONTRACT WITH TOWN & COUNTRY BUILDING SERVICES FOR CLEANING SERVICES AT CITY HALL – ORDINANCE

 

Document No. 6155 was read.  Council Member Martin moved to waive the rules and consider the ordinance on first reading.  Council Member Hester 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. 8618.

 

I.          PUBLIC FACILITY LEASE AGREEMENTS

 

1.         RENEWAL OF LEASE AGREEMENT FOR COMMUNITY CENTER – ORDINANCE

 

Document No. 6156 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 approve by the Chair and is inscribed in Ordinance No. 8619.

 

2.         RENEWAL OF LEASE AGREEMENT FOR FOUNTAIN BLUFF SPORTS COMPLEX – ORDINANCE

 

Document No. 6157 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 Hester seconded the motion, which carried unanimously.  It was approve by the Chair and is inscribed in Ordinance No. 8620.

 

X.         OTHER BUSINESS – None.

 

XI.               MISCELLANEOUS MATTERS FROM CITY ADMINISTRATOR

 

Mrs. Gentrup stated that Pleasant Valley had passed its resolution pertaining to South Liberty Parkway and staff is looking forward to MoDOT approval of the plan.

 

XII.            MISCELLANEOUS MATTERS FROM MAYOR AND CITY COUNCIL

 

Council Member Brenton stated he had received a number of complaints about late pickup of curbside recycling.  Mrs. Gentrup stated that several complaints had also been received by staff.  She stated that BFI had indicated one of their trucks was down for repairs and they are looking at reorganizing their routes to improve pickup in Liberty.

 

Mr. Brenton asked if the P&Z Commission minutes from October 14 would be provided to Council after they were approved.  Mrs. Gentrup said they would and that the Commission agenda included Flintlock information under other business.

 

Council Member Hadden said that she had read the information in the packet about opting out of the sales tax holiday.  She said that MML is encouraging cities to opt out in this situation, since opt in language was not included.  She said she would like to know what the ramifications were.  Mrs. Gentrup said it was a judgment call for Council.  Mrs. Gentrup asked if Council would like to review this at a study session.  Mayor Hawkins asked that it be brought forward in that manner.

 

Council Member Martin said the article appearing on ABC News about Liberty had been printed in New Hampshire, so the city is getting national exposure.  Mrs. Hadden said she had guests that visited Liberty and already planned to return for 175^th activities in May and on for the Celebration Liberty fireworks display.

 

Mayor Hawkins asked Council Member Hadden when she would be leaving to attend the NLC conference.  She said she would be in Nashville through the rest of the week.

 

XIII.     ADJOURNMENT

 

            The meeting adjourned at 8:12 p.m.

 

 

                                                                                   

                                                                                                __________________________________

Mayor

Attest:

 

           

_____________________________________

Deputy City Clerk