CITY COUNCIL MEETING

MINUTES

MONDAY, AUGUST 23, 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 August 23, 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 Bill Parker, 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, 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; Mary Towse, Human Resources Director; Steve Anderson, Planning & Development Director; Julie Lawless, Preservation Planner; Linda Tyree, Finance Director; Kathy Goode, Assistant Finance Director; Dee Mizell, Finance Analyst; Gary Birch, Fire Chief; Bill Riley, Deputy Fire Chief Craig Knouse, Police Chief; Chris Deal, Parks & Recreation Director; LeAnn Lawlor, Aging Services Coordinator; Sara Cooke, Public Relations Coordinator; Lyndsay Heal, Management Assistant; Jane Sharon, Deputy City Clerk and eighteen members of the public.

 

IV.       APPROVE MINUTES AND SUMMARIES

 

A.                 REGULAR SESSION MINUTES OF JULY 26, 2004

 

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

 

B.                 STUDY SESSION MEETING SUMMARY OF JULY 26, 2004

 

Council Member Martin moved to approve the meeting summary as distributed.  Council Member Parker seconded the motion, which carried 5-0-1.  Council Member Brenton abstained due to absence.

 

C.                 STUDY SESSION MEETING SUMMARY OF AUGUST 2, 2004

 

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

 

D.                 STUDY SESSION MEETING SUMMARY OF AUGUST 16, 2004

 

Council Member Brenton moved to approve the meeting summary as distributed.  Council Member Martin seconded the motion, which carried 5-0-1.  Council Member Coe abstained due to absence.

 

V.        CITIZENS’ PARTICIPATION

 

Mayor Hawkins recognized David Whittenberg, with Boy Scout Troop 376 and his father, Dale.  David is working on his Citizenship and the Community merit badge.

 

Margaret James, 1706 Magnolia Avenue, addressed the Council regarding In As Much Ministries, which will be moving from its current location in the Liberty Triangle.  She stated the all-volunteer group provides its clients with assistance and is in need of assistance to find new space.  She asked the Council to take a second look for land or a home where the organization can transfer.

 

Kenneth Cox, 569 Crabapple Lane, stated he was representing the Missouri Tow Truck Drivers Association with a request that the City amend its ordinances, which prohibits off-street parking of vehicles that exceed a certain length and weight.  He stated the City Code also limits off-street parking to one recreational vehicle.  Mr. Cox said the City requires tow vehicles to be able to respond within thirty minutes of notification.  He stated the problem is that these vehicles in which two truck drivers respond exceed the limitations allowed to be parked off street.  This, he said, makes it difficult to meet response times for the City, county and state.

 

Mr. Cox said federal guidelines and manufacturer’s recommendations say that smaller tow vehicles are unsafe.  He referred to printed materials provided to Council and stated that more vehicles require rollback carriers so that vehicles may be towed with no wheels on the ground.  He noted that tow vehicles are limited to two hours on street parking.

 

He again requested that Council consider amending the Code to allow rollback carriers to be parked at a residence.  Mr. Cox stated that while recreational vehicles can be parked off street, they are not required to be maintained.  He stated that tow trucks must be kept in good working order.  Mr. Cox stated that tow truck drivers provide a valuable service to citizens and Council could recognize this by revising its ordinances.

 

He referred to the current agreement with L-L Towing pointed to the type of vehicles that are most often used in towing.  He stated that semi-trailer trucks are not included in this request.  He said this amendment would involve only about 4-5 vehicles and allowing the trucks to be parked at the residences would provide for rapid response.

 

Mrs. Gentrup stated that the staff could provide history for Council and schedule a study session on the issue as directed.  Council Member Collins said this has been a long-standing issue and he would like to see it on a study session.  Council Member Brenton asked if it could be combined with the minimum property maintenance standards being considered.  Mrs. Gentrup said they are two different areas in the Code but could possibly be looked at during the same meeting.

 

Council Member Parker asked for clarification of the location they want to park tow vehicles.  Mr. Cox said it would be in the driveways of the residences.  Mayor Hawkins thanked Mr. Cox for his comments and asked Mrs. Gentrup to schedule the item for a study session.

 

VI.       MEETING SCHEDULE

 

Mrs. Gentrup stated the meeting schedule stands as printed.

 

VII.            CONSENT AGENDA

 

A.                 AMUSEMENT LICENSE FOR CARNIVAL TO OPERATE DURING FALL FESTIVAL – MOTION

 

Council Member Coe moved to approve the amusement license.  Council Member Martin seconded the motion, which carried unanimously.

B.                 AMUSEMENT LICENSE FOR CIRCUS TO OPERATE AT EARNEST SHEPHERD YOUTH CENTER – MOTION

 

Council Member Coe moved to approve the amusement license.  Council Member Martin seconded the motion, which carried unanimously.

 

C.                 AUTHORIZATION FOR STREET LIGHT INSTALLATION – MOTION

 

Council Member Coe moved to authorize the street light installation.  Council Member Martin seconded the motion, which carried unanimously.

 

D.        PURCHASE OF MOWER FROM SMITTY’S LAWN & GARDEN EQUIPMENT IN THE AMOUNT OF $12,809.15 – MOTION

 

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

 

E.         APPOINTMENTS

 

            Commission on Aging

 

            Reappoint Sam Houston to a term expiring 09-01-07.

            Reappoint Dorothy Beggs to a term expiring 09-01-07.

            Reappoint Rean Robbins-Duncan to a term expiring 09-01-07.

 

            Fair Housing & Rehabilitation Commission

 

            Reappoint Kenneth Endsley to a term expiring 09-01-07.

            Reappoint Vern Cull to a term expiring 09-01-07.

            Reappoint Jackie Murtha to a term expiring 09-01-07.

 

            Preservation & Development Commission

 

            Reappoint Allen Murray to a term expiring 09-01-07.

            Reappoint Ralph Brant, Jr. to a term expiring 09-01-07.

Reappoint Beverly Sue Ryan to a term expiring 09-01-06.

 

Council Member Coe moved to approve the appointments.  Council Member Martin seconded the motion, which carried unanimously.

 

VIII.     PUBLIC HEARINGS

 

A.        *ESTABLISH 2004 PROPERTY TAX RATE – ORDINANCE

 

Assistant Finance Director Kathy Goode stated that the 2004 property tax levy supports the 2005 budget.  She stated that, based on formulas in state statutes, the proposed levy will increase from the 2003 rate of $0.9688 per $100 of assessed valuation to $0.9783 per $100.  She noted that tax revenue on existing property must remain the same and, because the personal property assessed valuation has decreased, the levy has increased.

 

Ms. Goode stated that the Clay County Assessor had been contacted regarding the decrease in personal property tax valuations.  The response was that, with the state allowing a two-year auto tag purchase, some taxpayers delay turning in assessments until tags are due.  She said this has reduced the valuation.  Ms. Goode said the Assessor also agreed to perform an audit review of this decrease and will advise the City upon completion of the audit.

 

Ms. Goode stated that the assessed value received for billing includes all assessments received through September 2004.  She noted that the amount would be greater than the certified value, but no change to the levy would be required.

 

Ms. Goode reviewed the tax rate, which includes $0.8316 for the general fund and $0.1467 for the parks fund.  She stated that the projected 2005 property tax revenue is $3,843,406.  She said this is an increase, compared to 2004 projections of $3,737,961.  This was a 2.8% increase.  She stated that information received today from the County Clerk and Assessor’s Office noted an additional $1 million in assessments has been received for personal property since the May cut-off for certification.  Also, a report of items that had been deleted from the assessment records was received.

 

With the tax levy required to be filed with the County by September 1, Ms. Goode requested consideration of the ordinance on first reading.

 

Mayor Hawkins asked if the change in categories was comparable to past years.  Ms. Goode said it was an unusual year.

 

Mayor Hawkins opened the public hearing and asked if anyone else present wished to speak in favor of the proposed levy.  Seeing none, he asked if anyone present wished to speak in opposition to the proposed tax levy.  Seeing none, he closed the public hearing.

 

Document No. 6241 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 Coe moved to approve the ordinance.  Council Member Martin seconded the motion.  Council Member Brenton asked for clarification of what happens to property dropped from the assessment rolls due to delay in reporting.  Ms. Goode said that when the assessment list is received by the County from the property owner, it is then added to the County’s assessment rolls.  The property tax levy doesn’t change as a result of these late filings, but they are included on tax bills sent out by the City.  Mr. Brenton asked if this penalizes the property owners that turn in their tax assessments on time.  Ms. Goode said it does, but that those not paying their taxes are assessed penalties and interest.  She stated the November billing will include additional assessment records through September.  Mayor Hawkins commented that it is a strange consequence of a rule written for another purpose.  The motion carried unanimously.  It was approved by the Chair and is inscribed in Ordinance No. 8707.

 

IX.       ORDINANCES, CONTRACTS AND RESOLUTIONS

 

A.        ACKNOWLEDGEMENT OF VENDOR PAYMENTS FROM JULY 23, 2004 THROUGH AUGUST 20, 2004 – ORDINANCE

 

Document No. 6242 was read.  Council Member Martin moved to approve the ordinance.  Council Member Hadden seconded the motion.

 

Council Member Martin asked about check no. 83911 to New Directions.  Mrs. Gentrup stated payments are made quarterly for services available to all employees.  Finance Director Linda Tyree stated that the cost is spread across departments but is being revised to be one line item in next year’s budget.

 

Council Member Brenton asked about check no. 83955.  Mrs. Gentrup stated that both the sewer fund and general fund (through the economic development budget) contribute to pay this expense.  Mayor Hawkins asked if this is another expense that could be put into a single department, so that it might appear less arbitrary.  Mr. Brenton asked if it is the City’s practice to have this fund pay for advertising.  Mrs. Gentrup stated that an earlier expense was for the water quality report which is required to be distributed.  Mr. Brenton said this is a different form of public information and he is not sure it is appropriate to expense it to the sewer fund.  Mrs. Gentrup stated this can be revisited in upcoming budget discussions.

 

Mr. Brenton asked about check no. 84046.  He asked if there would be a report provided to Council pertaining to the super series tournaments.  Parks & Recreation Director Chris Deal said staff is in the evaluation process now and the revenues from these tournaments are part of the entire budget.  He said the result of their review would be provided to Council.

 

Vote on the motion was as follows:  Council Member Collins – yes; Council Member Martin – yes; Council Member Parker – yes; Council Member Council Member Hadden – yes; Council Member Coe – yes; Council Member Brenton – yes.  The motion carried unanimously; it was approved by the Chair and inscribed in Ordinance No. 8708.

 

B.         *APPEAL OF DECISION BY THE HISTORIC DISTRICT REVIEW COMMISSION DENYING A CERTIFICATE OF APPROPRIATENESS FOR CONSTRUCTION OF A FENCE AT 24 LINCOLN STREET – RESOLUTION

 

Preservation Planner Julie Lawless stated that this is an appeal of a decision by the Historic District Review Commission (HDRC) to deny a certificate of appropriateness for construction of a front, side and rear yard fence at 24 Lincoln Street.  She stated the Council is asked to consider whether the HDRC erred in denying the certificate of appropriateness.  She stated that the fence, already in place, is a wood privacy fence between five and six feet high.  She noted the property is in an unusual location and is zoned commercially but used for residential purposes.  She said the property faces east onto the parking lot of the Liberty Christian Church and is directly north of the mini-mart and Southern Nook.  The house is placed on the very corner portion of the northeast corner of the lot.

 

Ms. Lawless stated residential fencing standards in the Zoning Ordinance were applied, which limit fence height at 42 inches with no less than 50% openness in the front yard.  A side yard fence can be no more than four feet high and rear yard fence no more than six feet high.  She stated that the HDRC felt the style and height of the side and rear yard fences were appropriate, given the use and character of the adjacent property, but expressed concern about the front yard fence.  Ms. Lawless stated the applicants had been unwilling to modify the front yard fence to bring it closer to complying with height regulations and the HDRC review concluded that the front yard fence was not appropriate for the site.  The HDRC denied the application because the front yard portion of the fence, which is solid, exceeded the height standards in the Zoning Ordinance.

 

Ms. Lawless stated the applicant wants to protect his privacy and reduce trash coming into the yard.  She stated that, if the appeal is granted, the fence would remain in place.  If the decision of HDRC is upheld, the applicant would have three options:  to remove the fence entirely; to adjust the height of the fence or to appeal the decision of Council to Circuit Court.

 

Council Member Parker asked if the reason for the denial is because the fence is two feet too high.  Ms. Lawless said it exceeds the standards by more than two feet and does not meet the 50% openness standard.  Mr. Parker asked for clarification that if the height of the fence were lowered, it would be okay.  Ms. Lawless said that was correct and the staff would work with the applicant on the side yard fence issues.  Mr. Parker asked how long the fence was in the front.  The applicant, Randy Grego, stated it was about 50 feet.  Mr. Parker asked if the front was modified if the rest of the fence was usable.  Ms. Lawless said that was correct.

 

Council Member Brenton stated the HDRC minutes mentions a proposal to lower the height of the fence and add lattice on the upper portion.  He asked if that was another form of a variance.  Ms. Lawless said it was a treatment commonly used for rear yard privacy fences because preservation guidelines state that privacy fences are not allowed in rear yards where they are highly visible.  She stated the lattice-work on the upper part of the fence was a suggestion that was pondered but not pursued.  She said if that design had been proposed, the applicant would have gone to the Board of Adjustments (BZA) for a variance.  Mr. Brenton asked if the variance had been granted by the BZA would the application have not met some other HDRC standard.  Ms. Lawless stated that if the BZA had approved a variance for the height, the fence design would still not meet historic preservation guidelines.  Mrs. Gentrup clarified that the application would not go to BZA.  Ms. Lawless stated a variance is built into the appeal being considered.  Mayor Hawkins asked for clarification of whether the application would still require approval of the BZA, should Council approved it.  Ms. Lawless said it would not.  Mayor Hawkins asked if the denial were upheld if the application would return to staff to ameliorate or justify the greater height on the side fence.  Ms. Lawless said staff could work with the applicant once the front fence height issue was satisfied.

 

Council Member Martin asked what approach is used when building a fence.  Ms. Lawless said the applicant comes to staff and they work together to get the design into approvable form, after which it goes to HDRC.  Mrs. Martin asked for confirmation that this had not been the process with this application.  Ms. Lawless said that was correct.  Mrs. Martin asked what would happen next if Council denied the appeal.  Ms. Lawless said staff could work with the applicant to see that alterations were made to the fence.

 

Council Member Brenton asked if the issue was the overall height of the fence in the front.  Ms. Lawless stated the openness standard doesn’t dictate how it is to be achieved.  Council Member Martin asked what was to the west of the property.  Ms. Lawless said there is an empty lot.  The applicant said there is a house to the west.  Ms. Lawless said the lot has an odd configuration and to the west there is an empty lot, next to which is a house.  She said commercial property is to the south.  Council Member Brenton asked if the fence had been placed flush to the front side of the house, if it would have met commercial fence requirements.  Ms. Lawless said that would have met commercial requirements because it would not have been in the front yard.

 

Randy Grego, Jr., 24 Lincoln, Street, stated that the fence had been placed out in front because of the location of Southern Nook, which has an enclosure that juts out and a dumpster.  He said they were trying to block foot traffic, which uses the dumpster and discards trash in his yard.  He said, pushing back the fence would not achieve its purpose.  Gayle Grego, stated the house was her grandfather’s and there had been a chain link fence, which they took down when remodeling.

 

Council Member Parker asked if the privacy fence goes all the way around to keep out trash and for the visual issue.  Mr. Grego said that was correct.

 

Council Member Collins moved to approve the resolution.  Council Member Brenton seconded the motion.

 

Council Member Brenton asked if half of the front of the house is exposed to the north.  Mr. Grego said there is an alley and then the yard.  Mr. Brenton asked if the whole yard is the side yard.  Mr. Grego said it is.  Mr. Brenton clarified Council Member Parker’s earlier question had been if there was any part of the lot that was not fenced.  The applicant said there was a part that was not fenced.  He said the commercial building sticks out farther than the fence.  Mr. Brenton asked if a fence was built on the south of the property to the existing fence, if that portion would still be in violation.  Ms. Lawless said it would be, because technically, it is a front yard fence.

 

Council Member Brenton stated that the application is the most compelling argument to vote to uphold the HDRC decision.  He said it could be seen as setting a precedent that would mean others couldn’t be prevented from putting in fences that do not meet City standards.  Mr. Brenton stated he would vote in favor of allowing the fence, however, because the property location is unique and it fronts onto a parking lot.  He said he will not be challenged on future applications as this having set a precedent.

 

Council Member Collins stated that the Council had been asked to consider whether the HDRC erred in its decision.  He said it did not, but this calls for an exception.  Council Member Hadden asked if a fence requires a building permit.  Ms. Lawless said in this instance, it would because of the fence being in the front yard.  She said it would also require consent of neighbors.  Mayor Hawkins stated it is the responsibility of citizens and the HDRC.  He said he regrets instances where the applicant has already done the work and the application comes to Council for consideration after the fact, without the applicant having looked into the rules.  He stated that, whether it was fireworks or fences, he would encourage citizens to become aware before putting something in place and then claiming thousands of dollars had been wasted.  He said the Council always wants to resolve issues reasonably.

 

Council Member Hadden stated she would vote against the resolution, based on the permit requirements that are in place.  She said the standards were established as what was best for all.  She stated it is important to all that certain standards be upheld.

 

The motion carried 4-2-0.  Council Member Parker and Council Member Hadden voted in opposition.  The resolution is inscribed in Resolution No. 2175.

 

C.         *RESOLUTION OF INTENT TO ISSUE TAX INCREMENT FINANCING BONDS RELATED TO PROJECT A, LIBERTY TRIANGLE – RESOLUTION

 

Finance Director Linda Tyree reviewed approval of the Liberty Triangle Tax Increment Financing (TIF) District and Lowe’s Home Improvement Center having been approved as the redeveloper for Project A.  She stated that a preliminary development plan had been approved for Lowe’s and construction commenced with opening projected for November 2004.  Mrs. Tyree stated that it is time to issue bonds for Project A, proceeds from which will be used to reimburse the developer for infrastructure improvements made in the redevelopment area and to pay for other project costs.  The infrastructure costs include completion of Stewart Road adjacent to the Lowe’s property, extension of water lines, relocation of sanitary sewer line, storm water drainage and stream relocation, site grading and land subsidy cost.

 

Mrs. Tyree stated that an ordinance for issuance of the bonds will be considered by Council at its September 13 meeting with issuance anticipated in early October.  She stated current estimate for the issue is $7-8 million and TIF bonds may be issued for a period up to 23 years.  Mrs. Tyree stated the bonds were projected to be paid back by 2016.  She noted 100% of the property tax (PILOTS) and 50% of the sales tax (EATS) would be used to satisfy the debt service on the TIF bonds.

 

Mayor Hawkins asked why the resolution was necessary.  Mrs. Tyree stated that legal counsel advised the resolution of intent prior to the ordinance coming forward.  Mrs. Gentrup stated that the ordinance for bond issuance will be much more specific with dollar amounts.  Mayor Hawkins asked if there would be a need to consider the bond issuance on first reading.  Mrs. Tyree said the current schedule shows first reading on September 13 and second reading on September 27.

 

Council Member Brenton asked if rising interest rates had been considered in the process schedule.  He stated there is a possibility of rates being raised one quarter point before the November election.  Mrs. Tyree said there is a timing issue involved, because it is easier to sell bonds when the store is open.  Mr. Brenton asked if that could be factored in to the process.  Mrs. Tyree said she would discuss it with the City’s financial advisors.  Mrs. Gentrup said there is a possibility of requesting consideration on first reading to optimize the bond issuance.

 

Council Member Hadden moved to approve the resolution.  Council Member Martin seconded the motion, which carried unanimously.  It is inscribed in Resolution No. 2176.

 

D.        AGREEMENT WITH GERALD A. MOTSINGER, CA, FOR CONSULTING SERVICES IN AN AMOUNT NOT TO EXCEED $5,500.00 ASSOCIATED WITH DEVELOPMENT OF A CITY RECORDS MANAGEMENT PLAN – ORDINANCE

 

Mrs. Gentrup stated that this agreement would allow staff to proceed with the Local Records Preservation Program grant received from the state.  She thanked Deputy City Clerk Jane Sharon for her efforts in identifying and obtaining the funding.

 

Document No. 6243 was read.  Council Member Martin moved to waive the rules and consider the ordinance on first reading.  Council Member Coe 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. 8709.

 

E.         ADOPTION OF REVISED CITY PURCHASING POLICY – RESOLUTON

 

Council Member Martin moved to approve the policy.  Council Member Brenton seconded the motion, which carried unanimously and is inscribed in Resolution No. 2177.

 

Mrs. Gentrup thanked Linda Tyree and her staff in Finance for their efforts on this project as well as Management Assistant Lyndsay Heal, who had been a most helpful resource on the project.

 

F.         AGREEMENT WITH BILLING 911 GROUND AND AIR AMBULANCE BILLING SERVICES, INC. FOR EMERGENCY MEDICAL COLLECTIONS – ORDINANCE

 

Document No. 6244 was read.  Council Member Brenton moved to waive the rules and consider the ordinance on first reading.  Council Member Parker seconded the motion, which carried unanimously.

 

Council Member Coe 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. 8710.

 

G.         ACCEPTANCE OF WATER MAIN EASEMENT – WATER TREATMENT PLANT EXPANSION PROJECT – ORDINANCE

 

Document No. 6245 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. 8711.

 

H.        ACCEPTANCE OF WATER MAIN EASEMENT– OAKWOOD BUSINESS PARK – ORDINANCE

 

Document No. 6246 was read.  Council Member Coe 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 Martin seconded the motion, which carried unanimously.  It was approved by the Chair and is inscribed in Ordinance No. 8712.

 

I.          ACCEPTANCE OF WATER MAIN EASEMENT – LIBERTY PARK NORTH – ORDINANCE

 

Document No. 6247 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 Coe 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. 8713.

 

J.          ACCEPTANCE OF STORM WATER DETENTION FACILITIES EASEMENT – CHURCH ROAD BUSINESS PARK, LOT 4 – ORDINANCE

 

Document No. 6248 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 Hadden 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. 8714.

 

K.        ACCEPTANCE OF RIGHT OF WAY DEEDS AND STORM DRAINAGE EASEMENTS – RUSH CREEK PARKWAY – ORDINANCE

 

Document No. 6249 was read.  Council Member Coe moved to waive the rules and consider the ordinance on first reading.  Council Member Martin seconded the motion, which carried unanimously.

 

Council Member Brenton moved to approve the ordinance.  Council Member Martin seconded the motion, which carried unanimously.  It was approved by the Chair and is inscribed in Ordinance No. 8715.

 

L.         AMENDMENT TO CHAPTER 20, “MOTOR VEHICLES & TRAFFIC”, OF THE CITY CODE FOR WATER STREET AND CLAYWOODS PARKWAY – ORDINANCE

 

Document No. 6250 was read.  Council Member Coe moved to waive the rules and consider the ordinance on first reading.  Council Member Hadden seconded the motion, which carried unanimously.

 

Council Member Martin moved to approve the ordinance.  Council Member Hadden seconded the motion.

 

Mayor Hawkins noted that some actions by Council are required to be ordinances and, having received the staff reports in advance allows Council to proceed quickly through required votes.

 

Council Member Brenton asked staff to describe the changes to parking restrictions on Water Street since this is an area about which he has received numerous complaints.  Police Chief Knouse stated the changes free up spaces for commercial parking next to Corbin Mill and south of Kansas on Water Street.

 

The motion carried unanimously; it was approved by the Chair and is inscribed in Ordinance No. 8716.

 

M.        FY2005 CONTRACTS WITH MID-AMERICA REGIONAL COUNCIL

 

1.         CONTRACT FOR SENIOR TRANSPORTATION TRIPS IN AN AMOUNT NOT TO EXCEED $88,309.35 – ORDINANCE

 

Document No. 6251 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 Brenton seconded the motion, which carried unanimously.  It was approved by the Chair and is inscribed in Ordinance No. 8717.

 

2.         CONTRACT FOR SENIOR CENTER ADMINISTRATION/MEALS ON WHEELS IN THE AMOUNT OF $25,000.00 – ORDINANCE

 

Document No. 6252 was read.  Council Member Coe 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 Coe seconded the motion, which carried unanimously.  It was approved by the Chair and is inscribed in Ordinance No. 8718.

 

X.         OTHER BUSINESS

 

A.                 AUTHORIZATION OF PAYMENT TO NATIONAL TRUST FOR HISTORIC PRESERVATION IN THE AMOUNT OF $16,516.23 FOR THE DOWNTOWN VISIONING PROCESS– MOTION

 

Mrs. Gentrup stated that the invoice had just been received for the visioning process participation by the National Trust Main Street Center staff.

 

Council Member Martin moved to approve the payment.  Council Member Parker seconded the motion, which carried unanimously.

 

B.         SOUTH LIBERTY PARKWAY CONSTRUCTION – UTILITY RELOCATION

 

1.         AUTHORIZATION OF PAYMENT FOR RELOCATION EXPENSE TO AQUILA IN THE AMOUNT OF $26,900.00 – MOTION

 

Council Member Coe moved to approve the payment.  Council Member Martin seconded the motion, which carried unanimously.

 

2.         AUTHORIZATION OF PAYMENT FOR RELOCATION EXPENSE TO PUBLIC WATER SUPPLY DISTRICT #2 IN THE AMOUNT OF $73,078.00 – MOTION

 

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

 

C.         PURCHASE OF REPLACEMENT POLICE VEHICLE FROM SHAWNEE MISSION FORD IN THE AMOUNT OF $23,828.80 – MOTION

 

Council Member Martin moved to approve the purchase.  Council Member Coe seconded the motion.  Council Member Brenton asked, since the vehicle had not gone out for bid, how the price compared to the last competitive bid.  Chief Knouse stated that the difference was $892 from the vehicles bid in 2004.  He stated there is no trade-in.  Mr. Brenton asked about the residual value of previous trade-ins.  Chief Knouse said it was $9,500 per vehicle.  Mr. Brenton asked if the vehicle being replaced was nearing the 75,000 miles.  Chief Knouse said it was on the schedule for replacement in January 2005, though the mileage was not at 75,000 miles yet.  Mr. Brenton asked what had been received from insurance.  Assistant City Administrator Cynthia Boecker stated that the claim was for $12,500 but with the City’s $5,000 deductible, the amount received for the totaled vehicle was $7,500.

 

The motion carried unanimously.

 

XI.               MISCELLANEOUS MATTERS FROM CITY ADMINISTRATOR

 

Mrs. Gentrup asked Chief Knouse to talk about the new bicycles that were being provided to the police.  Chief Knouse stated that a cooperative effort by Biscari Brothers Bicycles and Hatebusters had raised sufficient funds for two new bicycles.  He said the bikes would be presented to the police at 11 am at City Hall and then refreshments would be served at Biscari Brothers Bicycle Shop.

 

Mrs. Gentrup stated that the City employees had participated in the summer Feed the Need food drive and this year the employees had divided into teams, in keeping with their participation earlier in Corporate Challenge.  She reported that 1,575 food items, household items and dollars had been collected, including $318, which would be donated directly to In As Much Ministries, which serves the Liberty community.  She thanked the employees who participated and the coordinating committee comprising Sylvia Bradshaw, Sara Cooke, Lisa Pool, Bill Riley, Wendi Winans, Pam Young and lead coordinator Jane Sharon.  Incentives had been offered by department directors and for teams that met their goals, Chief Birch would be working a shift for one fire department team member; Chief Knouse would be preparing breakfast for the police team and Cynthia Boecker, Mary Towse and Linda Tyree would be preparing dinner and providing entertainment for the Finance/Administration/Human Resources team.

 

XII.            MISCELLANEOUS MATTERS FROM MAYOR AND CITY COUNCIL

 

Council Member Martin asked about the street lights on Rush Creek Parkway.  Mr. Hansen stated that he would check on when the lights had been requested, but they should be operational within a few months, if there are no unforeseen delays.  Mrs. Martin asked if the City had participated in the design of the parkway.  Mr. Hansen said City staff had worked with the hospital.

 

Council Member Parker commended staff for its work to address the problems on Johnson Drive.

 

Council Member Hadden said the Downtown Task Force had met for a second time and is recommending proceeding with the streetlights from the junior high school to the college.  She stated the group talked about meeting more often and decided to continue the same schedule but meet longer.  The meetings will be on Monday, from 4 – 6 pm.

 

Council Member Coe expressed concerns about speeders on Brown Street, now that school is back in session.  He said he saw a school bus driver run a red light on 291 Hwy. and asked if anything could be done.  Chief Knouse stated he has a meeting scheduled with the school district to discuss several issues and would add busses to the agenda.

 

Council Member Brenton asked about streetlights between the junior high school and the college.  Mrs. Gentrup stated that financing had not been determined, but the issue can be brought forward.  Mr. Brenton said he thought there had been some discussion about installing them, then buying the system.  Mayor Hawkins asked staff to put together the information for Council to consider.

 

XIII.     ADJOURNMENT

 

The meeting adjourned to study session at 8:44 p.m.

 

 

 

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Mayor

Attest:

 

 

 

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Deputy City Clerk