CITY COUNCIL MEETING

MINUTES

MONDAY, NOVEMBER 8, 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 November 8, 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 Lyndell Brenton who then led the pledge of allegiance.

 

III.       ROLL CALL

 

Roll call was answered by Mayor Stephen P. Hawkins; Coni Hadden, Ward I; LeRoy Coe and Anna Marie Martin, Ward II; Lyndell Brenton 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; Steve Anderson, Planning & Development Director; Gary Birch, Fire Chief; Craig Knouse, Police Chief; Linda Tyree, Finance Director; Kathy Goode, Assistant Finance Director; Mary Towse, Human Resources Director; Lyndsay Heal, Management Assistant; Jane Sharon, Deputy City Clerk; Kelly Garbus, The Kansas City Star; Angie Borgedalen, Liberty Tribune; Joe Cook, Liberty Sun News, and 24 members of the public.

 

IV.       APPROVE MINUTES AND SUMMARIES

 

A.                 REGULAR SESSION MINUTES OF OCTOBER 25, 2004

 

Council Member Hester asked to have the minutes reflect the approval of the street light installation in the consent agenda.  Council Member Hadden moved to approve the minutes as amended.  Council Member Martin seconded the motion, which carried 5-0-1.  Council Member Coe abstained due to absence.

 

B.                 STUDY SESSION SUMMARY OF OCTOBER 26, 2004

 

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

 

C.                 STUDY SESSION SUMMARY OF NOVEMBER 1, 2004

 

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

 

V.        CITIZENS’ PARTICIPATION

 

City Administrator Patty Gentrup talked about the recent death of Deputy Fire Chief Bill Riley, who in his fifteen months of service to the City had left a lasting legacy of cooperation and enthusiastic public service.  She introduced his wife, Vicki Riley, who asked to speak to the City Council.

 

Ms. Riley expressed appreciation for the help she and her family received from the Liberty community.  She said she felt the need to extend her thanks in person because those who had provided their help and assistance had done so in person, during her family’s time of need.  She said Bill was her hero, husband and friend and that he was a man of God.  She said Bill’s integrity and trust were appreciated by those with whom he worked.  Ms. Riley concluded her comments by encouraging the mayor, council and staff to stick to their values.  Mayor Hawkins thanked Ms. Riley for her remarks.

 

Mayor Hawkins recognized boy scouts attending the meeting.  Derek Strickland was attending with his father, Larry Strickland, while working on his Communication badge for Troop 357.  Troop 374 Scouts Josh Dick and C. J. Hucke were in attendance with Assistant Scout Master Ray Groskemper and Scout Hucke’s mother, Betty Hucke, also working on their communication badges.

 

A.        LIBERTY HIGH SCHOOL 2004 GIRL’S STATE SOFTBALL CHAMPIONS - RESOLUTION

 

Mayor Hawkins introduced the Liberty Girl’s Softball team that recently won the Class 4 state championship.  He read a resolution commending and congratulating the team and its coaches for the achievement.

 

Council Member Brenton moved to approve the resolution.  Council Member Parker seconded the motion which carried unanimously and is inscribed in Resolution No. 2183.

 

VI.       MEETING SCHEDULE

 

Mrs. Gentrup stated there would be no meeting on November 29.

 

VII.            CONSENT AGENDA

 

A.                 APPOINTMENTS

 

Planning & Zoning Commission

Appoint Anna Margaret McGuire to a term expiring 01-01-07.

 

License Tax Review Committee

Reappoint Lyndell Brenton to a term expiring 11-01-05.

Reappoint Joe Duffey to a term expiring 11-01-07.

 

Parks & Recreation Board

Appoint Bill Niffen to a term expiring 06-01-05.

Appoint David Fulk to a term expiring 06-01-06.

 

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

 

B.                 FILING DATES FOR CANDIDATES – APRIL 5, 2005 ELECTION – RESOLUTION

 

Council Member Hadden moved to approve the filing dates.  Council Member Parker seconded the motion, which carried unanimously.

 

C.         AUTHORIZATION FOR STREETLIGHT INSTALLATION – MOTION

 

Council Member Hadden moved to approve the installation.  Council Member Parker seconded the motion, which carried unanimously.

 

VIII.     PUBLIC HEARINGS – None.

 

IX.       ORDINANCES, CONTRACTS AND RESOLUTIONS

 

A.        ACKNOWLEDGEMENT OF VENDOR PAYMENTS FROM OCTOBER 22, 2004 THROUGH NOVEMBER 5, 2004 – ORDINANCE

 

Document No. 6272 was read.  Council Member Martin moved to approve the ordinance.  Council Member Hester seconded the motion.

 

Council Member Hadden stated that the City’s payment for her conference registration would be reimbursed as she is president of Missouri Municipal League.

 

Council Member Martin asked for more information about the expense for a Lotus Notes conference.  Assistant City Administrator Cynthia Boecker stated the conference was for training of Information Services’ staff on the system that includes email, human resources, cemetery lot sales and Access bus databases.

 

Council Member Brenton asked about check number 85551.  Finance Director Linda Tyree stated the check was for checks paid out that the recipients never cashed.  She stated that, by state law, the funds must be turned over to the state as unclaimed.  Mr. Brenton asked if the funds ever come back to the City.  Mrs. Tyree said they do not, but that the staff researches the payments extensively before sending the funds to the state.  Council Member Hadden asked how long a time period was represented.  Assistant Finance Director Kathy Goode said it was for three years.

 

Vote on the motion was as follows:  Council Member Martin – yes; Council Member Hester – yes; Council Member Parker – yes; 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. 8737.

 

B.         LIBERTY TRIANGLE REDEVELOPMENT TAX INCREMENT FINANCING (TIF) BONDS

 

1.         ISSUANCE OF TIF BONDS – ORDINANCE

 

Mrs. Gentrup stated that Lowe’s officially opened Thursday and is the first project in the Liberty Triangle TIF District.  Dennis Mitchell, Piper Jaffray, 11150 Overbrook Road, Suite 300, Leawood, Kansas, 66211, introduced Chris Ahrens, Gilmore & Bell, who is serving as the City’s bond counsel for these bonds.  Mr. Mitchell stated that the bonds would be used to reimburse the City and Lowe’s for project costs incurred through Project A redevelopment.  He stated that the bonds would mature in 23 years but if the estimate is on target, they would be repaid in 15 years.  Mr. Mitchell stated the bonds are payable solely from the increase in taxes from Lowe’s and the Gateway office building.  If approved, the official statement would go to the printers and would be available for review one week before the interest rates are assigned.  If approved on second reading November 22, 2004, the bond closing would occur on December 14.

 

Council Member Brenton stated that Liberty citizens had asked if they could invest in these bonds.  Mr. Mitchell said they could do so by contacting his office and there had already been some interest from Liberty citizens.  He said the bonds are not rated, however, and are not considered suitable for “widows and orphans”, meaning there is a certain amount of risk.  He said the sophisticated investor could consider these bonds as there is a higher rate of interest because the risk is higher.

 

Document No. 6273 was read.  Mayor Hawkins stated the ordinance would go to second reading on November 22, 2004.

 

2.         *CONTRACT WITH MILLER HAVILAND KETTER, CP, PA FOR TIF BOND AUDIT SERVICES – ORDINANCE

 

Mrs. Tyree stated that the City does not have the special resources to certify the charges for the TIF District redevelopment.  She stated the City had interviewed two firms and recommended Miller Haviland Ketter, CP, PA to provide TIF bond audit services.  She noted the firm would be paid from an annual administrative fee as allowed in the TIF redevelopment agreement.

 

Mrs. Gentrup stated that these services would be provided on a going forward basis and not just for Lowe’s.  Mayor Hawkins asked for clarification that the fee is based on activity.  Mrs. Tyree said the fee would be per hour per project.  Mayor Hawkins asked how frequently there would be a review in a year.  Public Works Director Steve Hansen said there had been a number of invoices with the Lowe’s project and that the review could happen quarterly or more often, if necessary.  Council Member Hadden asked if that was why there is no statement in the ordinance of an amount not to be exceeded.  Mrs. Tyree said that was correct.

 

Council Member Brenton asked what constitutes certification.  Mrs. Tyree said it would be a review of each invoice.  Mr. Hansen said the invoices would be checked for accuracy and compliance with the TIF plan.  He said the auditors would look at every expense and certify each prior to releasing the check.  Mr. Brenton asked if there might be a cost of $2,000 or $3,000 per quarter.  Mr. Hansen said it would depend on the activity.  Mr. Brenton confirmed the cost of the audit services would be reimbursed to the City from the TIF proceeds.  Mr. Hansen said that was correct.

 

Document No. 6274 was read.  Council Member Martin moved to waive the rules and consider the ordinance on first reading.  Council Member Parker 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. 8738.

 

C.         *AMEND CHAPTER 21, “NUISANCES”, LIBERTY CODE OF ORDINANCES, ESTABLISHING MINIMUM PROPERTY MAINTENANCE STANDARDS – ORDINANCE

 

Mrs. Gentrup stated that minimum property maintenance standards were among the Council’s primary goals and had been discussed in a July study session.  Planning & Development Director Steve Anderson stated that the standards would be incorporated into the City’s nuisance code and enforced by the same means as other nuisances.

 

He reviewed two issues that had been raised at the study session.  First, he said council members had asked about adding the requirement for house numbers to the property maintenance standards.  He said that the fire department staff had suggested this not be included, because the requirement is already part of the Fire Code adopted in Chapter 14 of the City Code.  The second issue was a provision requiring that windows be closed.  Mr. Anderson said staff and legal counsel had reviewed this issue and recommend not including it in the property maintenance standards because such a provision would be difficult to enforce.  He added that windows are open during certain seasons and this has not been identified as a big problem in Liberty.

 

Mr. Anderson stated that the City has a dangerous building code and it addresses those situations not included in the property maintenance standards.  He stated the staff would place information about the new code in the Liberty Citizen and the standards would become effective January 1, 2005.

 

Council Member Brenton asked about language referring to windows and doors.  Mr. Anderson said the items were identified separately in the ordinance, making the language more clear.

 

Council Member Coe asked about houses needing paint and whether elderly individuals could be given some consideration or assistance found to help in these situations.  Mr. Anderson stated that paint was not included in the standards, which state only that the structure must be preserved from the elements.

 

Council Member Hester asked if the house numbers on residences is being enforced.  Mr. Anderson said it is, when necessary, but it seldom gets to the point that enforcement is required.

 

Mayor Hawkins requested information about the standards be disseminated because the greater the public knowledge, the more beneficial it would be.

 

Mrs. Gentrup said a press release would be prepared and the information placed on the City’s website.

 

Document No. 6275 was read.  Mayor Hawkins stated the ordinance would go to second reading on November 22, 2004.

 

D.        AMEND CHAPTER 20, “TRAFFIC REGULATIONS” FOR STOP, YIELD AND NO PARKING, OF THE LIBERTY CODE OF ORDINANCES – ORDINANCE

 

Document No. 6276 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 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. 8739.

 

E.         WATER TREATMENT PLANT EXPANSION PROJECT

 

Mrs. Gentrup stated that the voters approved a bond issue for the expansion of the water treatment plant and the work has now been completed on that project.

 

1.         FINAL CONTRACT AMENDMENT WITH DAVID E. ROSS CONSTRUCTION IN THE AMOUNT OF $47,913 – ORDINANCE

 

Document No. 6277 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 Coe seconded the motion.  Council Member Hester asked where the water vaults were located and about their function.  Mr. Hansen stated they are on the west side of 291 Hwy.  He said Pleasant Valley Baptist Church and others in that area are served directly by Kansas City, Missouri and the vaults are the monitoring sites.  The motion carried unanimously.  It was approved by the Chair and is inscribed in Ordinance No. 8740.

 

2.         ACCEPTANCE OF PROJECT – RESOLUTION

 

Council Member Coe moved to accept the project.  Council Member Brenton seconded the motion, which carried unanimously and is inscribed in Resolution No. 2184.

 

F.         ACCEPTANCE OF EASEMENT FOR McCRAY LUMBER – ORDINANCE

 

Document No. 6278 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 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. 8741.

 

G.         ACCEPTANCE OF EASEMENTS FOR LIBERTY MANOR WEST – ORDINANCE

 

Document No. 6279 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. 8742.

 

H.        *EMERGENCY PREPAREDNESS

 

Fire Chief Gary Birch stated the City’s Emergency Operations Plan had been in place since 1980, with the last update occurring in 2002.  He said the City had participated in a FEMA/SEMA grant in 2003 which looked at the emergency plans of 159 jurisdictions with the goal of standardizing the plans.  He said a consultant spent time with staff and submitted drafts for staff response.  Chief Birch noted that the basic plan had been expanded with 14 annexes pertaining to each area of responsibility.  He reviewed the different areas but said the expanded format actually simplifies and provides easier access to information.

 

Council Member Hadden asked how the Emergency Operations Center (EOC)  would function if the police facility moves out of City Hall, as the EOC is generally located around a dispatch center.  Mrs. Gentrup said the plan is structured around the facilities and is reviewed on a regular basis.  She referred to the annual table top exercise and the recent police participation in a County drill.  She noted this is a living document.

 

Chief Birch reviewed the three levels of emergency: the first being an approaching storm that is monitored to see if emergency notification is required.  He said this happens throughout the year.  The second level is an emergency situation that may stretch the City’s resources, in which case the city administrator is advised.  The third level is when more resources than the City has are needed and additional public entities are contacted for assistance.

 

Council Member Hester asked if the mayor is responsible for responding in emergencies.  Chief Birch said the mayor or his designee will respond and will be assisted by City staff.

 

Chief Birch said the natural hazard mitigation plan deals with natural disasters, using historical data.  He said the Federal Mitigation Act of 2000 gave the local governments until 2004 to have something in place in order to be eligible for FEMA funds.  He said this is less a working piece than a document providing information pertaining to risk management and prevention.

 

Council Member Hester asked about the reference to man-made hazards in the action report.  Chief Birch said that was a typographical error and should have said this plan addresses natural hazards.

 

Mrs. Gentrup said the emergency operations plan would be reviewed to make sure some things changed to reflect Liberty, but some consistency is provided across communities.  Mayor Hawkins asked if there were any major changes.  Chief Birch said there were not; the documents both address advance planning.

 

1.         ADOPTION OF EMERGENCY OPERATIONS PLAN – ORDINANCE

 

Document No. 6280 was read.  Council Member Hadden moved to waive the rules and consider the ordinance on first reading.  Council Member Coe 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. 8743.

 

2.         ADOPTION OF REGIONAL HAZARD MITIGATION PLAN – RESOLUTION

 

Council Member Coe moved to approve the resolution.  Council Member Martin seconded the motion, which carried unanimously and is inscribed in Resolution No. 2185.

 

X.         OTHER BUSINESS – None.

 

XI.               MISCELLANEOUS MATTERS FROM CITY ADMINISTRATOR

 

Mrs. Gentrup said City Hall would be closed on Thursday, November 11, in observance of Veteran’s Day.

 

XII.            MISCELLANEOUS MATTERS FROM MAYOR AND CITY COUNCIL

 

Council Member Brenton expressed concern about the work MoDOT was doing at Hwy. 69 and I-35 at the Pleasant Valley interchange.  He said traffic was backed up onto the interstate, creating a potentially dangerous situation.  Mr. Hansen said he would check into the work that was occurring in connection with the South Liberty Parkway construction.

 

XIII.     ADJOURNMENT

 

The meeting adjourned at 8:07 p.m.

 

 

 

                                                                                    __________________________________

Mayor

 

Attest:

 

 

 

_____________________________________

Deputy City Clerk