CITY COUNCIL MEETING
MINUTES
MONDAY, MAY 10, 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 May 10, 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 Juarenne Hester, 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 Benton and Juarenne Hester, Ward III;
and Bill Parker, 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; Donna Kay Taylor, Community Center Manager; Bruce
Hickam, Marketing & Special Events Coordinator; LeAnn Lawlor, Aging
Services Coordinator; Linda Tyree, Finance Director; Gary Birch, Fire Chief; Craig
Knouse, Police Chief; Chris Pouliot, Police Officer; Sara Cooke, Public
Relations Coordinator; Lyndsay Heal, Management Assistant; Jane Sharon, Deputy
City Clerk; Angie Borgedalen, Liberty Tribune; Joe Cook, Liberty Sun News; and one
member of the public.
IV. APPROVE MINUTES AND SUMMARIES
A.
REGULAR SESSION
MINUTES OF APRIL 26, 2004
Council Member Martin moved to approve the minutes as
distributed. Council Member Hadden
seconded the motion, which carried 5-0-1.
Council Member Hester abstained due to absence.
B.
STUDY SESSION
MEETING SUMMARY OF APRIL 26, 2004
Council Member Hadden moved to approve the meeting
summary as distributed. Council Member
Martin seconded the motion, which carried 5-0-1. Council Member Hester abstained due to
absence.
C.
EXECUTIVE SESSION
MINUTES OF APRIL 26, 2004
Council Member Martin moved to approve the minutes as
distributed. Council Member Brenton
seconded the motion, which carried 5-0-1.
Council Member Hester abstained due to absence.
V. CITIZENS’ PARTICIPATION
A.
SPRING ON THE
SQUARE
Community Center Manager Donna Kay Taylor reviewed the
plans for this year’s Spring on the Square festival. She went over a brief history of the festival
and that it had relied on community support for funding and a volunteer
base. This support has declined over the
years. She stated that, of
the
16 committees, 8 are chaired by City staff.
Of the 427 letters sent out requesting financial support, 37
contributions had been received this year and 24 of last year’s donors allowed
the contributions to be applied toward this year’s festival. Ms. Taylor stated that the $8,000 budget was
for bare essentials and did not include office supplies, staff time or mailing
costs.
Dr. Chuck Beggs, this year’s festival chairperson,
stated that the free children’s activities were still at the heart of the
festival. He noted the chili cook-off
had been eliminated and the Farmer’s Market moved to the area in front of City
Hall. He stated that Hallmark’s Kaleidoscope
has been added to children’s activities and the crafts booths are at capacity
with a waiting list. Dr. Beggs stated
that most of the usual activities remain a part of the festival, such as
sidewalk art and Box City.
Ms. Taylor stated that the decline in support is a
concern and staff recommends the Downtown Task Force review the festival as
part of its overall assessment.
Council Member Brenton asked if the press release
contained the complete list of donors.
Ms. Taylor said there was one donation that had come in after the list
was placed in the press release. Mr.
Brenton asked if booth fees were included.
Ms. Taylor said the list includes donations only, and not booth rentals.
Council Member Martin asked if there had been any
discussion by the festival committee of activities that might be of interest to
other age groups. Ms. Taylor said staff
would be willing to consider others, if volunteers and funding could be found
for them.
Mrs. Gentrup stated there has been a transition of the
festival committee from its original, very volunteer based group to much more
of a staff effort. She stated that,
after cancellation last year, related to the tornado, the hope was that there
would be more contributions of time and talent this year. She stated it was appropriate for the
Downtown Task Force to review the festival as part of its overall review of
downtown issues. Mayor Hawkins stated
that this would be an opportunity for the Downtown Task Force to consider
Spring on the Square festival as a critical element in its review.
Mayor Hawkins thanked Dr. Beggs for his participation
throughout the years and, especially, this year. Council Member Brenton remembered being
besieged by downtown merchants after last year’s festival was cancelled. He stated there was a noticeable absence of
donations from them this year. Dr. Beggs
stated that no one was more disappointed about their lack of participation than
the festival committee.
Council Member Hadden stated that she always enjoys
the festival and talks about it when meeting with representatives of other
cities. She said it is important to keep
it going and that while Council Member Brenton’s comments are well-placed, she
would hope ways could be identified to excite others about the festival and get
them involved. She commended the
committee for its efforts.
B.
PROCLAMATION FOR
NATIONAL POLICE WEEK, MAY 10 – 15, 2004
Mayor Hawkins read the proclamation and presented it
to Police Officer Chris Pouliot and Police Chief Craig Knouse.
Mrs. Gentrup introduced new Public Relations
Coordinator Sara Cooke and Parks Marketing & Special Events Coordinator
Bruce Hickam. Mayor Hawkins
congratulated Management Assistant Lyndsay Heal on her graduation this past
weekend, having received an MPA from the University of Kansas.
VI. MEETING SCHEDULE
Mrs.
Gentrup reminded Council that it would meet in retreat on Monday, May 17,
beginning at 1:00
p.m. and going to 8:00 or 9:00 p.m. The meeting is to be held at Wynbrick Healing Arts Center.
A.
APPOINTMENTS
Liberty Community Christmas Tree Advisory Commission
Reappoint
Mark Buell to a term expiring 5-1-07.
Reappoint
Tam Powell to a term expiring 5-1-07.
Council Member Hester moved to approve the
appointments. Council Member Hadden
seconded the motion, which carried unanimously.
B. AUTHORIZATION
OF PAYMENT TO SYSTEM CONTROLS FOR STREET LIGHT REPLACEMENT ON THE DOWNTOWN
SQUARE IN THE AMOUNT OF $13,755.60 – MOTION
Council Member Hester moved to approve the
payment. Council Member Hadden seconded
the motion, which carried unanimously.
VIII. PUBLIC HEARINGS – None.
A. ACKNOWLEDGEMENT
OF VENDOR PAYMENTS FROM APRIL 23, 2004 THROUGH MAY 7, 2004 – ORDINANCE
Document No. 6202 was read. Council Member Hadden moved to approve the ordinance. Council Member Martin seconded the motion.
Council Member Martin asked about check nos. 82123 and
82367 for mulch and chips. She asked if
these purchases are ever put out for bid.
Parks & Recreation Director Chris Deal said staff does get bids, but
the particular type of mulch or chips for the playgrounds is not often
available locally.
Mrs. Martin noted the memo provided to Council and
asked if questions about appropriations should be submitted prior to the
meeting. Mrs. Gentrup said questions
could be submitted in whatever way suited the council member.
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. The motion carried unanimously; it was
approved by the Chair and inscribed in Ordinance No. 8668.
B. AMENDMENT
TO CONTRACT FOR LEGAL SERVICES WITH KAPKE, WILLERTH & LEONARD LLC –
ORDINANCE
Document No. 6203 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 Martin
seconded the motion. Council Member
Brenton asked if an itemized list of how legal fees are spent is ever
prepared. Mrs. Gentrup stated that the
deputy city clerk tracks that information.
Mr. Brenton stated it would be good to have the list on a quarterly basis. Mrs. Gentrup stated staff can provide the
report if Council wishes. The motion
carried unanimously; it was approved by the Chair and is inscribed in Ordinance
No. 8669.
C. ORDINANCE OPTING OUT OF STATE SALES TAX
HOLIDAY – ORDINANCE
Mrs. Gentrup stated that this ordinance had been
prepared for consideration at direction of Council. She stated an additional memo was being
provided in response to a call asking what this would mean to the consumer.
Council Member Martin asked if the City did not opt
out, a consumer would save $18 on an $800 computer. Mrs. Gentrup said that was correct.
Document No. 6204 was read. Council Member Hadden moved to waive the
rules and consider the ordinance on first reading. Council Member Brenton seconded the motion. Council Member Collins opposed the
motion. Mayor Hawkins stated the
ordinance would go to second reading on May 24.
D. *SOUTH LIBERTY PARKWAY
Public Works Director Steve Hansen stated this
amendment was to the contract originally approved in December 2001. He stated the additional costs were due to
requirements of the Missouri Department of Transportation (MoDOT) and minor
changes to the plans on Hughes Road. He said there are additional
costs of $44,600 to the contract for design work associated with these changes. Mr. Hansen stated that construction was
expected to be initiated in late May or early June and services required by
HNTB to the bridge and retaining wall for inspections and “as constructed”
plans upon completion of the construction would add another $78,400 to the
project. He stated that the total
increase to the contract was $123,000 and that the funds were available in the
project budget.
Mr. Hansen stated that AGC Engineering, a local firm,
is currently under contract to Amino Brothers, which has been awarded the City
contract for Phase I construction. He
stated that condemnation was filed and commissioners appointed at a hearing
last week. Mr. Hansen stated that
information on the area involved was needed and staking would facilitate the
commissioners being able to assess the value of the property areas
involved. He stated that one property
had already been staked at the request of the City’s legal counsel.
Council Member Collins asked why the HNTB engineers
didn’t know about the changes earlier.
Mr. Hansen stated that the MoDOT requirements were not specified until
recently and the costs for inspection and construction-related services are
generally left until later in the process.
Mrs. Gentrup stated the first item was needed because it changed the scope
of the project. Mayor Hawkins asked if
the $78,400 could have been a separate contract. Mr. Hansen said it could have been, but
generally this is handled as an amendment to the original contract.
Council Member Hadden asked if, because the one
property had already been staked, the cost was for only five of the six
properties. Mr. Hansen said the cost was
to stake all six, even though one had already been staked.
1. AMENDMENT
TO CONTRACT WITH HNTB CORPORATION IN AN AMOUNT NOT TO EXCEED $123,000 FOR
DESIGN AND CONSTRUCTION SERVICES PERTAINING TO SOUTH LIBERTY PARKWAY – ORDINANCE
Document No. 6205 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. 8670.
2. CONTRACT
WITH AGC ENGINEERS IN AN AMOUNT NOT TO EXCEED $22,100 TO STAKE RIGHT-OF-WAY
ALONG SOUTH
LIBERTY PARKWAY
– ORDINANCE
Document No. 6206 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 Martin
seconded the motion, which carried unanimously.
It was approved by the Chair and is inscribed in Ordinance No. 8671.
E. I-35/US69/33
INTERCHANGE PROJECT
Mr. Hansen stated that the capital plan includes the
design of this interchange this year with construction planned for 2006. He stated that a Request for Qualifications
had been sent out last year with five responses. Three of the five responding had been
interviewed and Burns & McDonnell was selected from that process. He stated that the services include: conceptual study; preliminary design;
right-of-way plans; final design; and bidding services for the project. He stated the plans must meet MoDOT standards
and the cost of the work is not to exceed $277,850.
Mrs. Gentrup stated the budget amendment is a
housekeeping item. She stated that
Council considered this in the Capital Improvement Plan which was approved last
December. She stated the dollars are
available in the fund balance, but the 2004 budget didn’t include this
project. She said Council action would make
right what was approved last December.
Council Member Brenton asked if there were other
activities in this area that could affect this project. Mr. Hansen said that was possible and that
they could require changes to the 1997 recommended design. He stated that meetings would be held with
property and business owners regarding their plans. With the preliminary information in the RFQ,
he stated Burns & McDonnell had taken a cursory look and proposed changes
to the HNTB design. Evaluations of
various options for the interchange are incorporated in this contract.
1. *CONTRACT
WITH BURNS & MCDONNELL IN AN AMOUNT NOT TO EXCEED $277,850 FOR ENGINEERING
SERVICES – ORDINANCE
Document No. 6207 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 Hester moved to approve the
ordinance. Council Member Hadden
seconded the motion, which carried unanimously.
It was approved by the Chair and is inscribed in Ordinance No. 8672.
2. BUDGET
AMENDMENT FOR 2004 ROADWAY DEVELOPMENT FUND IN THE AMOUNT OF $320,324 –
ORDINANCE
Document No. 6208 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 Brenton 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. 8673.
F. AGREEMENT
WITH US UNDERWATER SERVICES FOR THE CLEANING OF THE WATER STORAGE TANKS AT THE
WATER TREATMENT PLAN IN AN AMOUNT NOT TO EXCEED $8,900 – ORDINANCE
Council Member Collins asked if this is the first
cleaning since the tanks were installed.
Mr. Hansen said they were cleaned during the 1994 expansion and this is
the preferred method, with divers and videotaping.
Document No. 6209 was read. Council Member Hadden 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 Martin
seconded the motion, which carried unanimously.
It was approved by the Chair and is inscribed in Ordinance No. 8674.
G. AGREEMENT
WITH DOUGLAS PUMP IN THE AMOUNT OF $12,091.02 FOR CHEMICAL
TREATMENT OF THREE WATER WELLS – ORDINANCE
Document No. 6210 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 Martin
seconded the motion, which carried unanimously.
It was approved by the Chair and is inscribed in Ordinance No. 8675.
H. AGING
SERVICES GRANTS
1. AMENDMENT
TO MARC GRANT FOR SENIOR TRIPS – ORDINANCE
Document No. 6211 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 Martin moved to approve the
ordinance. Council Member Hadden
seconded the motion, which carried unanimously.
It was approved by the Chair and is inscribed in Ordinance No. 8676.
2. AGREEMENT
WITH KCATA FOR TRANSPORTATION ASSISTANCE
– ORDINANCE
Document No. 6212 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, which carried unanimously.
It was approved by the Chair and is inscribed in Ordinance No. 8677.
I. AMENDMENT
TO CONTRACT WITH BRUNER CONTRACTING CO. TO REPAIR AND
EXPAND FIRE STATION NO. 1 – ORDINANCE
Mrs. Gentrup stated that fire personnel were moved in
and the open house had been held and issues with the contractor were now
resolved, bringing this final contract amendment forward.
Document No. 6213 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 Martin
seconded the motion. Council Member
Hadden asked how the new roof held up during the heavy rain this morning. Fire Chief Gary Birch said it was good. The motion carried unanimously; it was
approved by the Chair and is inscribed in Ordinance No. 8678.
B.
EMPLOYEE BENEFITS
Mrs. Gentrup stated that the City has a three-year
history with United Healthcare and paid a 22% increase in premiums last
year. She stated the City bid insurance
this year and received nine proposals. The
recommendation is to remain with United Healthcare. She said that, while cost was certainly an
issue, it was not the only criteria by which coverage was judged. She noted that services and provider crossover
are also factors. Mrs. Gentrup stated
that the Benefits Committee recommended staying with United Healthcare. She noted that the committee also recommended
staying with Aetna for dental coverage.
Mrs. Gentrup stated there would be significant savings
in health and dental by staying with these two plans and that Council could
look at using these savings for other benefits during its mid-year budget
review.
1. RENEWAL OF EMPLOYEE HEALTH PLAN –
MOTION
Council member Martin moved to approve the renewal of
the health plan. Council Member Hadden
seconded the motion, which carried unanimously.
2. RENEWAL
OF EMPLOYEE DENTAL PLAN – MOTION
Council Member Hester moved to approve the renewal of
the dental plan. Council Member Martin
seconded the motion, which carried unanimously.
XI.
MISCELLANEOUS
MATTERS FROM CITY ADMINISTRATOR
Mayor
Hawkins stated that Council Member Robertson had called with questions about
the Rush Creek project. Even
though Mr. Robertson could not be present this evening, Mayor Hawkins asked
Mrs. Gentrup to review the project with respect to funding options.
Mrs.
Gentrup stated that the voters approved the $9.4 million in bonds for this
project and others in April and the funding mechanism was being
researched. Finance Director Linda Tyree
gave a brief overview of the state’s revolving fund. She stated that it included a leveraged loan
program administered by the Missouri Department of Natural Resources
(MoDNR). She said the interest rate is
subsidized through a federally funded reserve.
She noted today’s rates for conventional bonds would be a little more
than 5% and the revolving fund rate would be about 2.5% for the same 20-year
period.
Ms.
Tyree stated that the issue would be one of timing. Applications are accepted only once a year,
no later than November 15. She stated
that the projects are assigned a priority and then ranked as fundable or placed
on a contingency list. She said the
bonds must have voter approval by the time the project is placed on the
fundable list. She stated that funds are
available through this program between 12 to 18 months after the application
date.
Mr.
Hansen stated that it is important to have the Rush Creek permit issues resolved by the August 2006
deadline. He stated if the plant is not
in compliance by that time, the City could face fines. He stated that the design completion was
anticipated in 2005 with construction completed near the 2006 deadline. He said if the project had been submitted
last November, the voters would have to approve the bonds last January. He said this approach could put the project
in jeopardy of not meeting state standards.
Mr. Hansen said the state might overlook the City missing the deadline
if progress was being made to resolve the problems, but that could not be guaranteed. He said that staff was looking at this
funding option in more detail and would review it with MoDNR.
Mrs.
Gentrup stated that staff would be meeting with Piper Jaffray and others
involved in the bond issuance to determine the best funding approach. Mayor Hawkins asked for clarification of when
the engineering plans would have to be in place. Mr. Hansen said he believed it would be
before the City’s project would be added to the fundable list. Mr. Brenton asked if this would require a new
vote. Mrs. Gentrup said it would not as
the voters had approved the issuance of bonds in April. Mayor Hawkins asked if this program was
federally funded. Mr. Hansen said it was
through the state but MoDNR is the administrative arm of the EPA in Missouri.
Mrs.
Gentrup thanked Julie Lawless for her efforts in supporting the 175th
Anniversary Committee as well as the other staff that had been involved in the
activities. Mayor Hawkins thanked the
committee chairs and said the events were well-received.
XII.
MISCELLANEOUS
MATTERS FROM MAYOR AND CITY COUNCIL
Council
Member Collins referred to a letter he had received from Mr. Sieboldt regarding
the addressing of his property. He
quoted from the letter where Mr. Sieboldt had said, “I have no access to my
home by the street of address.” Mr.
Collins asked why this was still an issue.
Mrs. Gentrup stated that staff had been directed to remove the private
road sign on the right-of-way and install a Ford Street sign. Mayor
Hawkins stated that the aerial shows a graveled road and asked if that was
still the case. Mr. Hansen said it was.
Council
Member Martin asked if anyone was planning to attend the One Kansas City Day
forums. Mrs. Gentrup stated that she and
Ms. Boecker planned to attend.
Council
Member Hester asked about the timeframe involved with renewing the certificate
of appropriateness at 415 Wilson. She asked if this was getting into another
extended period of time. Mrs. Gentrup
stated that it could possibly, but staff would bring it back to Council if progress
was not made as proposed.
Mayor
Hawkins asked if the certificate of appropriateness had been approved by the
Historic District Review Commission.
Mrs. Gentrup said it had.
Council
Member Hadden asked if staff had received the RFP regarding transportation enhancement
projects. Mrs. Gentrup said she had.
Council
Member Brenton thanked Ms. Heal for providing answers to his questions. He asked about the reinspection fee charged
and whether inspections pertaining to dangerous buildings and ordinance
violations call for the same reinspection fee.
Mrs. Gentrup stated this only pertains to inspections associated with
building permits. Mr. Brenton asked if
anything is in place for monetary reimbursement when staff must deal with
ordinance violations. Mrs. Gentrup
stated the City places a lien on property when a force mow is conducted but the
City is not recovering its costs for other ordinance violations, such as
dangerous buildings. She stated that
could be folded into the review of property maintenance codes expected to come
to Council in study session this summer.
Mr.
Brenton asked about the range of settings available to emergency equipment for
the Opticom system. Mr. Hansen stated
the over the counter emitters operate off a single code and the City’s have
been changed. Mr. Brenton commended
staff for being on top of this issue.
XIII. ADJOURNMENT
The meeting adjourned at 8:26 p.m.
__________________________________
Mayor
Attest:
_____________________________________
Deputy City Clerk