CITY COUNCIL REGULAR SESSION

MINUTES

MONDAY, JANUARY 12, 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 January 12, 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 Jim Robertson, who then led the pledge of allegiance.

 

III.       ROLL CALL

 

Roll call was answered by Mayor Stephen P. Hawkins; Ed Collins and Coni Hadden, Ward I; LeRoy Coe and Anna Marie Martin, Ward II; Lyndell Brenton and Juarenne Hester, Ward III; and Bill Parker and Jim Robertson, Ward IV.  Also in attendance were Patty Gentrup, City Administrator; Cynthia Boecker, Assistant City Administrator; Steve Hansen, Public Works Director; Chris Deal, Parks & Recreation Director; Dennis Dovel, Sports Complex Manager; Linda Tyree, Finance Director; Marcella McCoy, Assistant Finance Director; Steve Anderson, Planning & Development Director; Craig Knouse, Police Chief; Gary Birch, Fire Chief; Mike Lawless, City Engineer; Lyndsay Heal, Management Assistant; Jane Sharon, Deputy City Clerk; Joe Cook, Liberty Sun News; Angie Borgedalen, Liberty Tribune; Ayanna McPhail, The Kansas City Star and 2 members of the public.

 

IV.       APPROVE MINUTES AND SUMMARIES

 

A.                 SPECIAL SESSION MINUTES OF DECEMBER 15, 2003

 

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

 

B.                 STUDY SESSION MEETING SUMMARY OF DECEMBER 15, 2003

 

Council Member Brenton asked to have the language in the fourth paragraph clarified by striking the word “country” and adding “the Kansas City metropolitan area”.  He stated this is the area that was compared for calculating the development tax rate and should be reflected as such in the meeting summary.

 

Council Member Hadden moved to approve the meeting summary as amended.  Council Member Coe seconded the motion, which carried 7-0-1.  Council Member Robertson abstained due to absence.

 

V.        CITIZENS’ PARTICIPATION

 

Mayor Hawkins recognized Scout Alex Davenport with Troop 376, who is working on his communication badge, and his father, Dick.

 

VI.       MEETING SCHEDULE

 

            Mrs. Gentrup stated that there would be a study session on Tuesday, January 20, due to the Monday Martin Luther King, Jr. holiday.

 

VII.      CONSENT AGENDA

 

A.        AUTHORIZE EXECUTIVE SESSION TO BE HELD JANUARY 12, 2004 IN THE COUNCIL CONFERENCE ROOM IMMEDIATELY FOLLOWING THE REGULAR SESSION TO DISCUSS PERSONNEL MATTERS AS AUTHORIZED BY 610.021(3) RSMo - MOTION

 

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

 

VIII.     PUBLIC HEARINGS – None.

 

IX.       ORDINANCES, CONTRACTS AND RESOLUTIONS

 

A.                 ACKNOWLEDGEMENT OF VENDOR PAYMENTS FROM DECEMBER 12, 2003 THROUGH JANUARY 9, 2004 – ORDINANCE

 

Council Member Robertson requested that check no. 80032 be removed and voted on separately.

 

Document No. 6159 was read.  Council Member Martin 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 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. 8626.

 

Council Member Coe moved to approve check no. 80032.  Council Member Martin 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 Coe – yes; Council Member Brenton – yes; Council Member Robertson – abstained, due to a potential conflict of interest.

 

B.         *BALLOT CERTIFICATION FOR SEWER BOND ISSUANCE – ORDINANCE (1^ST READING)

 

Assistant Finance Director Marcella McCoy stated that the ballot certification is for $9.4 million in sewer revenue bonds.  She noted the bond issue had been recommended in the 2002 utility rate study.  Ms. McCoy stated the revenue bonds would be used for capital projects pertaining to the Rush Creek basin, and initiation of an inflow and infiltration repair program.

 

City Engineer Mike Lawless stated that three capital projects would be addressed using funds generated with these bonds.  He stated the West Interceptor connection to the Kansas City system had collapsed and is in the process of being repaired.  He said the cost of the repairs is approximately $500,000.  Mr. Lawless then talked about the Rush Creek treatment plant expansion and stated that the

Missouri Department of Natural Resources would not allow the same effluent standards to be used for the expanded portions of the plant as for the plant that already exists.  He said stricter standards must now be applied, according to the State.  Mr. Lawless stated an additional study had been conducted and had reviewed three alternatives to expand and modify the Rush Creek treatment plant at its current location as well as an option of bypassing the existing plant and connecting straight to the Kansas City system.  He stated the latter option is being proposed and would cost approximately $6 million.

 

Mr. Lawless stated that the start of a program to address sanitary sewer overflows and establish best practices for maintenance and operations of the City’s sanitary sewers would also be funded through issuance of these bonds.  He stated the bond issue would provide seed money for this program that includes mapping, assessment and repair, after which sewer fees would be available to fund additional phases of this program.

 

Mayor Hawkins asked if this alternative to the Rush Creek treatment plant would open up more area to being connected to the sewer system.  Mr. Lawless said it would not quite double the existing system coverage.  Mayor Hawkins stated that, while this option costs more, it would serve a greater area of the City.  Mr. Lawless said that some detention ponds and lagoons could be taken off-line with this approach to the system.  Council Member Hadden asked if the changes in approach to the sanitary sewer system in this area were all a result of the more stringent standards now imposed by the State.  Mr. Lawless said that was correct and compliance with the new standards would be considerably more expensive.

 

Ms. McCoy continued that City Council had approved an agreement with the Missouri Development Finance Board (MDFB) in 2003 for $1,025,000 for emergency repair of the West Interceptor and to begin the design of the Rush Creek project.  The bonds, when approved by voters, would pay for the construction of the Rush Creek plant, begin the inflow and infiltration program and repay the loan from the MDFB.

 

Ms. McCoy stated that the ballot language must be certified no later than January 27 to appear on the April ballot and, since there is no way to know how many political subdivisions will be holding elections at that time, the election cost is unknown.  Mrs. Gentrup stated that the Council would review the public information campaign for this issue at the study session on January 20.

 

Council Member Brenton asked for clarification of the ballot language.  He stated that the City already has the authority to charge rates and collect fees and he wasn’t sure it needed to be stated in the ballot language.  Ms. McCoy said the language had been recommended by the City’s bond counsel and it confirms the City’s authority.  Mr. Brenton expressed additional concern about the requirement to keep reasonable reserves, when the amount that is considered reasonable is not stated.  Mrs. Gentrup stated that staff can request a formal opinion letter from bond counsel as to the language recommended.  Mayor Hawkins said the language is most likely trying to relate the authority given to the City to maintain rates as it proposes the issuance of bonds.

 

Council Member Martin expressed concern about the length of the ballot language.  She stated it appears to be redundant from the first paragraph to the second and it should be more concise.  She stated she might hesitate at the polls if the issue was stated as proposed here.

 

Council Member Robertson asked if the sewer rates would increase when this is implemented.  Ms. McCoy stated that the rates had already been raised in 2003 and 2004 with an additional 7% increase proposed for 2005 in order to cover reserves that would need to be put in place over the duration of the projects proposed for the debt.  Mr. Robertson asked what is proposed if the bond issue doesn’t pass.  Ms. McCoy stated the fees would be put in reserves and used while phasing in what

needs to be done.  Mr. Lawless said the Rush Creek permit is good through 2006.  If nothing is done by then, the City could be considered in violation or a new permit might not be issued. In the meantime, what is done and when will depend on how many houses are added and the load on the line.  Mayor Hawkins clarified that the existing plant is not part of the proposed plan.  Mr. Lawless said that is correct.

 

Council Member Brenton stated it might be helpful for the public record to indicate the recent history of sewer rate increases and that there had been a period of time over which no increases had been made.  Mrs. Gentrup stated that was true for water rates as well and the information could be provided.  Mr. Brenton said it would be helpful to be able to put this ballot issue in that context.  Mayor Hawkins asked that information be included in the study session, along with the educational materials that would be provided for this ballot issue.

 

Council Member Martin asked about the location of the existing Rush Creek treatment plant.  Mr. Lawless said it is between Spring Street and the Clay Crest Golf Club.

 

Mayor Hawkins stated the ordinance would go to second reading on January 26.

 

C.         ACCEPTANCE OF STREET, SANITARY, STORM, GRADING AND WATER – DUNCAN FIELDS 1^ST PLAT – RESOLUTION

 

Council Member Hadden moved to accept the project.  Council Member Brenton seconded the motion, which carried unanimously and is inscribed in Resolution No. 2155.

 

D.        CONTRACT WITH MCDONALD AND WARGER, INC. CONSULTING ENGINEERS IN THE AMOUNT OF $11,810.00 FOR WATER MAIN REPLACEMENT ON WEST COLLEGE STREET – ORDINANCE

 

Document No. 6161 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 Robertson seconded the motion.  Council Member Hester asked if this project is near the Junior High School.  Public Works Director Steve Hansen said it was not; he stated it was closer to Seaport and Clayview, further to the west than the Junior High.  Council Member Coe asked where the main runs.  Mr. Hansen said he believed it is off to the side of the street and not down the middle.  Mr. Coe said he had hoped this project would allow some work on College Street, which needs repair.  Council Member Hadden asked if this is where the ice pooling problem had occurred.  Mr. Hansen said it was and that attempts to repair that problem appear to have been successful.  Council Member Hester asked how old this section is.  Mr. Hansen said it was probably built before the late 1960s, because until then cast iron was used and that causes problems.

 

Council Member Martin asked for clarification of the cost and whether engineering is included.  Mrs. Gentrup stated that engineering is included in the eighty thousand budgeted for the project.

 

The motion carried unanimously; it was approved by the Chair and is inscribed in Ordinance No. 8627.

 

E.         CONTRACT WITH INTER-TEL TECHNOLOGIES FOR TELEPHONE SYSTEM MAINTENANCE – ORDINANCE

 

Document No. 6162 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 Hester moved to approve the ordinance.  Council Member Hadden seconded the motion.  Council Member Brenton asked what the City’s experience has been with this service provider.  Mr. Hansen said that they are on-site quite often as the agreement covers software upgrades as well as priority service.  He said that when equipment fails, it is replaced.  Mr. Brenton asked if a service contract is more economical than a pay-as-you-go plan.  Mr. Hansen said the service agreement includes the priority service and, while staff had checked into other vendors that might provide similar service, none had been identified.  Mrs. Gentrup stated she had just received initial information on grant funds that might be available and staff was reviewing the options.

 

The motion carried unanimously; it was approved by the Chair and is inscribed in Ordinance No. 8628.

 

F.         SPORTS COMPLEX

 

Mrs. Gentrup stated that the next five items all pertain to the Sports Complex.  She stated that the first is an agreement that changes the way the officiating is handled for recreational leagues and would now be similar to the manner in which officiating is handled for competitive sports.

 

1.                   AGREEMENT WITH LIBERTY SPORTS OFFICIALS FOR RECREATIONAL LEAGUE OFFICIATING SERVICES IN AN AMOUNT NOT TO EXCEED $110,000.00 – ORDINANCE

 

Council Member Martin asked who the Liberty Sports Officials would be responsible to.  Sports Complex Manager Dennis Dovel stated it would be Justin Stuart and that the same individuals that had done the work in the past have now formed a company to provide the service.  Mrs. Gentrup said the operation would be the same as before, just with the new company as the provider.  Council Member Hester asked if the individuals were salaried employees.  Mr. Dovel stated they were independent contractors, not employees, and this change would eliminate the need to print 30 – 40 checks per week and the printing of so many 1099s.  Mrs. Hester asked how much staff time is needed to do this.  Mr. Dovel said staff time preparing the checks would be greatly reduced.  He used the example of the 30 – 40 weekly checks during basketball season being reduced to payment of one or two invoices during the same period.  Mrs. Hester asked if there is a difference in pay.  Mr. Dovel said the fees are the same being proposed for paying through this agreement as with the independent contractors.  Mayor Hawkins said this improves the process and operation.

 

Council Member Brenton asked if liability insurance is required.  Mr. Dovel said it is and the City would be named an additional insured.  Mr. Brenton asked what assurances the City has that the service being paid for has been provided.  Mr. Dovel said the officials are required to be present ten minutes before the start of the game and an emergency number is provided, to call and get a substitute if the official is not present.  He said, in this instance, no payment would be made for games when an official doesn’t show.  He said the City can review the vendor’s pay records as needed.  Mr. Brenton asked if the City had control over what the officials were paid.  Mr. Dovel said the City does and the fees would be the same as had been

paid the last two years.  Mr. Brenton asked for clarification of whether there was a penalty for no official showing up.  Mr. Dovel said this is a problem that the staff continues to work on.  He said basketball is a little different in that there is a coordinator who is a trained official.  If an official does not show, the coordinator can step in and serve as the official until another arrives, then goes back to the coordinator duties.  Mr. Brenton asked if the coordinator is with the vendor.  Mr. Dovel said he is.

 

Document No. 6163 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 Hester moved to approve the ordinance.  Council Member Martin seconded the motion, which carried unanimously.  It was approved by the Chair and is inscribed in Ordinance No. 8629.

 

2.                   PURCHASE AND INSTALLATION OF PLAYGROUND NETTING POST FROM VAN’S FENCE CO. IN AN AMOUNT NOT TO EXCEED $6,268.50 – ORDINANCE

 

Document No. 6164 was read.  Council Member Martin moved to waive the rules and consider the ordinance on first reading.  Council Member Robertson seconded the motion, which carried unanimously.

 

Council Member Brenton 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. 8630.

 

3.                   PURCHASE ORDER FOR CONCESSION FOOD FROM AMERICAN FOODSERVICE IN THE AMOUNT OF $60,000.00 – MOTION

 

Council Member Martin asked about the quality of the food with a different vendor.  Mr. Dovel said they had sampled the food and in many instances it would be the same brand as supplied by last year’s vendor.

 

Council Member Hester asked if this had been bid out last year.  Mr. Dovel said it had not because there wasn’t enough history at that time and they had waited to bid it out this year.

 

Council Member Brenton moved to approve the purchase order.  Council Member Coe seconded the motion, which carried unanimously.

 

4.                   PURCHASE OF JOHN DEERE GATOR AND ATTACHMENTS FROM VAN WALL EQUIPMENT IN THE AMOUNT OF $10,325.00 – MOTION

 

Council Member Martin moved to approve the purchase.  Council Member Hadden seconded the motion.  Council Member Brenton asked how the bidder had not met the specs.  Mr. Dovel said one bidder had a light transmission, which was not appropriate for the proposed use.  Mr. Brenton asked if the bidder had been allowed to rebid with a heavier transmission.  Mr. Dovel said it had but could not get one.  Council Member Martin asked if the City had purchased from this vendor before.  Mr. Dovel said two of the City’s previous purchases of gators had been from Van Wall Equipment.  The motion carried unanimously.

 

5.                   PURCHASE OF OUTDOOR COOLER AND FREEZER FROM E. FRIEDMAN ASSOCIATES IN THE AMOUNT OF $12,740.77 – MOTION

 

Council Member Martin asked what protection there is for the cooler.  Mr. Dovel said it is designed to be used outside.  Mrs. Martin asked about it being outside during the winter.  Mr. Dovel said it would be okay in winter.

 

Council Member Martin moved to approve the purchase.  Council Member Hester seconded the motion, which carried unanimously.

 

X.         OTHER BUSINESS

 

A.                 BLANKET PURCHASE ORDER FOR VEHICLE FUEL – MOTION

 

Council Member Martin moved to approve the blanket purchase order for fuel.  Council Member Brenton seconded the motion, which carried unanimously.

 

B.                 PURCHASE OF UTILITY VEHICLE FROM CHUCK ANDERSON FORD IN THE AMOUNT OF $20,711.57 FOR THE FIRE DEPARTMENT – MOTION

 

Council Member Hadden moved to approve the purchase.  Council Member Martin seconded the motion, which carried unanimously.

 

C.                 LEASE OF RICOH COPIERS FROM OFFICE BUSINESS SOLUTIONS FOR THE ADMINISTRATION AND FINANCE DEPARTMENTS – MOTION

 

Mayor Hawkins asked for clarification that this was a unit bid.  Mrs. Gentrup said that was correct and the maintenance agreement is $110 a month plus a per copy charge on each copier.

 

Council Member Coe moved to approve the lease.  Council Member Martin seconded the motion.  Council Member Brenton asked whether there was a benefit to consolidating all copiers into one maintenance agreement.  Mrs. Gentrup stated the staff had combined these two leases because their use was similar and the existing copiers were being replaced at the same time.  She noted that the copier on the third floor has more features that are used and the work horse copier used by all departments is different still.  She said staff took advantage of these two being combined in a maintenance agreement to get a better deal.

 

The motion carried unanimously.

 

XI.               MISCELLANEOUS MATTERS FROM CITY ADMINISTRATOR – None.

 

XII.            MISCELLANEOUS MATTERS FROM MAYOR AND CITY COUNCIL

 

Mayor Hawkins recognized Raymond Graskemper, a scout with Troop 374, who is working on his communication badge.

 

Mayor Hawkins then mentioned a fax he would distribute to Council from the Kansas City Home Builder’s Association encouraging local officials to take advantage of an opportunity to participate in a series of housing development tours in other parts of the country.  He stated that these developments were similar to those identified in the Blueprint for Liberty and that had caused comment.  He said he understood the concerns about travel expenses but believes it is a good idea to get representatives from City Council and the Planning &

Zoning Commission to attend.  He said there were three trips planned throughout the year – to Charlotte, Seattle and Denver – and he would like to get two representatives from the council and the commission to go to each and report back.  This would be timely in light of the current discussions about changes to the subdivision regulations.  He noted a reservation deadline for the first trip to Charlotte of February 6.  Mayor Hawkins said this would be helpful in keeping City Council informed.

 

Council Member Brenton asked for an update on the signals being installed at South Wales and Kings Highway/Conistor on Liberty Drive.  Mr. Hansen stated that most of the base work is done at South Wales and work continues at Kings Highway.  He said the cabinet was to be set today at South Wales.  Mr. Hansen said the poles have arrived but the signal heads have not.  He said the contractor would be setting the poles and

some equipment at South Wales first and then at Kings Highway.  He said the clock starts when the poles are in and staff would continue to monitor the contractor’s work to ensure progress on both installations.  Mayor Hawkins asked if there would still be an island at Kings Highway, Conistor and Liberty Drive.  Mr. Hansen said there would be a smaller island where the equipment cabinet would be placed.

 

Council Member Hester thanked the staff for the Progress Report issued recently.  Mrs. Gentrup said this is a report that has been issued the last four years and this year it was more widely distributed, having been sent to more people and community partners.

 

XIII.     ADJOURNMENT

 

            The meeting adjourned at 7:58 p.m.

 

                                                                                   

                                                                                                __________________________________

Mayor

Attest:

 

           

_____________________________________

Deputy City Clerk