CITY COUNCIL MEETING
MINUTES
MONDAY, DECEMBER 13, 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 December 13,
2004 with Mayor Stephen P.
Hawkins presiding. Mayor Hawkins called
the meeting to order at 7:12 p.m.
II. INVOCATION AND PLEDGE OF ALLEGIANCE
The invocation was given by Council Member Coni Hadden
who then led the pledge of allegiance.
III. ROLL CALL
Roll call was answered by Mayor Stephen P. Hawkins; Ed
Collins and Coni Hadden, Ward I; Anna Marie Martin, Ward II; Lyndell Brenton
and Juarenne Hester, Ward III; and Bill Parker, Ward IV. Also in attendance were Patty Gentrup, City
Administrator; Cynthia Boecker, Assistant City Administrator; Steve Hansen,
Public Works Director; Steve Anderson, Planning & Development Director;
Gary Birch, Fire Chief; Craig Knouse, Police Chief; Chris Deal, Parks &
Recreation Director; Linda Tyree, Finance Director; Kathy Goode, Assistant
Finance Director; Marcella McCoy, 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; and 22 members of the public.
IV. APPROVE MINUTES AND SUMMARIES
A.
REGULAR SESSION
MINUTES OF NOVEMBER 22, 2004
Council Member Martin moved to approve the minutes as
distributed. Council Member Parker
seconded the motion, which carried 5-0-1.
Council Member Brenton abstained due to absence.
B.
STUDY SESSION MEETING
SUMMARY OF DECEMBER 6, 2004
Council Member Hadden moved to approve the meeting
summary as distributed. Council Member
Brenton seconded the motion, which carried unanimously.
V. CITIZENS’ PARTICIPATION
Mayor
Hawkins recognized boy scouts working on their citizen and the community
badges. Sean Hughes with Troop 214 was
in attendance with is mother, Mary Ellen Hughes. Jefferson Hosten, Troop 376, was in
attendance with his father, Gary Hosten.
VI. MEETING SCHEDULE
Mrs.
Gentrup reminded Council there would be a special session on Monday, December
20, after which the Council would not meet again until 2005.
A.
APPOINTMENTS
Planning
& Zoning Commission
Appoint
Laurie Sutton to a term expiring 01-01-2006
Public
Facilities Authority
Steve
Havens – to a three-year term expiring in 2007
Steve
Lund – to a three-year term expiring in 2007
Council Member Brenton moved to approve the
appointments. Council Member Hester
seconded the motion, which carried unanimously.
VIII. PUBLIC HEARINGS – None.
A.
ACKNOWLEDGEMENT
OF VENDOR PAYMENTS FROM NOVEMBER 19, 2004 THROUGH DECEMBER 10, 2004 – ORDINANCE
Document No. 6286 was read. Council Member Martin moved to approve the
ordinance. Council Member Hadden
seconded the motion.
Vote on the motion was as follows: Council Member Collins – yes; Council Member
Martin – yes; Council Member Hester – yes; Council Member Parker – yes; Council
Member Hadden – yes; Council Member Brenton – yes. The motion carried unanimously; it was
approved by the Chair and inscribed in Ordinance No. 8749.
Council Member Hester stated that she had been glad to have the extra
week to consider the application because of two experiences. She said she worked the historic homes tour
and had noted comments from visitors from other cities in the area. Many were appreciative of Liberty’s historic homes and said they had to come to Liberty because there wasn’t anything similar in their
towns. Mrs. Hester said she appreciated
neighborhood property owners’ contributions to the neighborhood and believes
consideration should be given to their concerns. Secondly, Mrs. Hester said, she had looked at
the site and the side is not a front entrance.
She said there is a basement entrance but it cannot be construed as a
front entrance to the house. Mrs. Hester
stated that some of the old trees on the property might have to be destroyed
should a lot split occur. She said she
could not imagine splitting the property into two small lots. She believed that in clarifying the
circumstances under which infill is encouraged in the Land Use Plan, she
believes it does not apply to this application.
Mrs. Hester stated that she would vote against approval of the replat.
Council Member Martin stated she concurred with Council Member Hester’s
comments and said as she looked at the property from Miller, she could not
imagine two houses there and would vote against the application.
Council Member Hadden stated that she agreed with previous council
member comments and would focus her comments on Council Member Hester’s
reference to the old trees on the lot.
She stated that Liberty is working to become a Tree City and this lot contains many stately trees. She stated she understands Mr.
Lautenschlager’s interest in the property, but believes that, as an out-of-town
property owner, he may not be as concerned with the City as resident owners.
Document No. 6283 was read. Council
Member Hester moved to approve the ordinance.
Council Member Parker seconded the motion, which failed 1-5-0. Council
Members Ed Collins, Anna Marie Martin, Juarenne Hester, Coni Hadden and Lyndell Brenton voted in
opposition.
3. AN AMENDED TIF CONTRACT
WITH LTD ENTERPRISES, LLC FOR THE LIBERTY TRIANGLE TIF PROJECTS B - H – ORDINANCE
Public Works Director Steve Hansen stated that, since
a contract was approved with LTD Enterprises in June 2004 for redevelopment of
projects B-H in the triangle, project revisions have occurred. He stated that an amendment to the contract
is required for the developers to obtain private loan financing. Mr. Hansen stated that when the original
contract had been approved, it was expected that LTD Enterprises would serve as
broker and developer for the sale of the properties formerly owned by Welch and
Turner and now titled to the City. Title
would be transferred directly from the City to the retail user. The revised redevelopment contract now allows
for LTD Enterprises to purchase these properties as well as the MoDOT commuter
lot, once it is acquired by the City, for an agreed upon purchase price. The developer will then be able to obtain the
private financing to make property improvements in these areas. The proceeds from the land sale will be
placed in the TIF Special Allocation Fund (SAF) to be used for approved project
expenses as subsequent phases of the redevelopment project occur.
Mr. Hansen stated the second revision is to allow
creation of a Community Improvement District (CID) or Transportation
Improvement District (TDD). Only the TDD
had been allowed earlier and adding the CID option enhances the flexibility of
financing within the project. Both of
these funding mechanisms allow for the imposition of additional sales and
property taxes in the district area. He
stated that the TDD property owners must petition the Circuit Court and the
property owners wanting to establish a CID petition the City Council. Mr. Hansen stated that the taxes would be
structured to maintain competitive rates with nearby jurisdictions.
Mr. Hansen stated the final revision modifies the
project budget to reflect updated land acquisition costs and increased interest
carry expenses. He stated the amount of
the TIF subsidy is also adjusted. He
stated that all parties involved have agreed to the revised terms of the
contract. Mr. Hansen stated that
consideration on first reading is requested.
Mayor Hawkins commented that, with these changes, they
are still operating within the terms of the TIF plan and the LTD
agreement. Mr. Hansen said that was
correct and this makes the agreement more viable.
Document No. 6289 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 Hester
seconded the motion. Council Member
Collins asked for clarification of the parties involved. Mr. Hansen stated the City, developer and the
consultants have all agreed to the changes.
The motion carried unanimously; it was approved by the Chair and is
inscribed in Ordinance No. 8752.
D. *2005 OPERATING BUDGET
Finance Director Linda Tyree stated that the proposed 2005 budget is
conservative but more optimistic than in the last two years, based on the economy’s
slow upward trend, Lowe’s having opened late this year along with other
development in the Triangle and the City.
She stated that all City funds are detailed in the budget document
provided to Council.
Mrs. Tyree noted the budget outlines expenditures of $50 million,
supported by 2005 revenues of $33 million.
Existing fund balances, proposed 2005 bond issues and interfund
transfers balance the budget.
All funds include predetermined increases and the general fund includes
the 3.5% increase for employee compensation.
Mrs. Tyree noted estimated revenues for each. The general fund is $12.8 million. The
capital fund includes $2.6 million in Liberty 2010, $10.8 million in the road
development fund, $577,450 in park sales tax and
$330,000 in the fire sales tax fund expenditures.
Mrs. Tyree stated the utility funds including water and sewer
operations and capital funds plus the sanitation fund total $18.2 million,
including a $9.4 million proposed bond issue for the Rush Creek Sewer project
and a 7% increase in sewer rates, which is a final recommendation of the 2002
rate study.
Mrs. Tyree stated that, in addition to the ordinance for the sewer rate
change, resolutions are proposed establishing changes to planning and
development, public works, animal adoption and community center non-resident
user fees, effective January 1, 2005. She stated a
resolution is proposed to increase trash and recycling rates by 5%, which is a
component of the City’s contract with BFI Waste Services.
Mrs. Tyree stated that a resolution increasing the Roadway Development
Tax to $1,500 per peak hour trip is proposed to go into effect April 1, 2005. This increase
is based on the annual review by the License Tax Review Committee, which
recommended the change to ensure the cost of roads continues to be equally
shared by existing residents and new development.
Council Member Brenton stated that there were a number of things in the
Council budget, such as the boards and commissions dinner, that were added by a
gracious compromise of staff. He said
that some employee training was sacrificed for this change. Mr. Brenton suggested a scaled down
recognition of citizen volunteers and that the event happen in Liberty, perhaps at the community center or as an outdoor
event at the sports complex. He said he
wanted to continue to thank the hard-working volunteers, but with something
scaled down and occurring in Liberty. Mayor Hawkins
said this change could be ongoing or, possibly, every other year.
Council Member Parker said he would not vote to downsize the event but
would like to see it back in Liberty. He said it is
important to give recognition to the volunteers and their families, because
they put in a lot of time and should be able to enjoy themselves. He was concerned that they might not get the
attendance at a function in Liberty,
due to the lack of a location that could accommodate all.
Council Member Hadden said she was intrigued by the idea of having a
function at the sports complex. This had
been talked about earlier. She said
having just heard about the staff difficulties of putting on Spring on the
Square, she wondered what burden this might place on staff. Mrs. Gentrup stated that there have been
discussions about having a community event at the sports complex, which would
require catering.
Council Member Martin stated it is important to honor the people who
work so hard. She asked what it would
cost to have the event at the community center.
Mrs. Gentrup said it would probably not be as much. She recommended a Council committee review
the options. Mayor Hawkins said there
are a number of possibilities and the budget could be left as is with regard to
this item. Mrs. Gentrup clarified that
the objective is to honor the volunteers, keep the event local and more economical. She suggested two or three council members
discuss the options with staff. Council
Member Collins said that $10,000 is a lot of money, but not compared to the $50
million total budget. He offered to
serve on the committee. Mayor Hawkins
thanked him and asked Council Member Martin if she would also serve. Mrs. Martin said she would.
Council Member Brenton asked about the
gateway sign still in the capital budget.
He asked if the staff is still seeking alternative ideas. Mrs. Gentrup stated that, at Council
direction, the sign was being scaled back and a revised estimate would be
provided. Mr. Brenton asked what would
happen if it were to be removed from the budget. Mrs. Gentrup stated that if removed and not
reallocated, it would go into fund balance.
Mayor Hawkins said an option would be to alter the budget for next week
and allocate funds for the sign next year.
Mrs. Gentrup stated that alternatives can be found and brought back to
Council. Council Member Hadden said she
wanted staff to pursue alternatives.
Mayor Hawkins stated that this is a practical way to proceed, because
the sign has raised enough questions in the minds of Council. He said the budget could remain as is until
an alternative is found. He added that,
if this item is removed from the budget, Council should offer direction to
staff on how to proceed.
Council Member Brenton said there is $75,000 allocated for the gateway
sign and $590,000 for the overlay. This
could be seen as providing $75,000 less in the overlay program because of the
sign. But it can always be
reallocated. Council Member Parker said
if the sign comes in at a lower cost, the savings could be put toward the
overlay, rather than to alter the budget now.
Council Member Collins said a budget is a planning document and while
he was personally not in favor of the gateway sign, he realizes the need to
approve a budget. Mayor Hawkins said the
budget sets the work plan and is discussed because of what might come to the
fore. He said decisions will be made in
the next year as well.
Mayor Hawkins noted the alteration to the sewer charge. He stated it is important to recognize that
the 7% increase is part of the overall plan, which has been discussed since
2002. This increase is needed to cover
covenants in the debt agreements. He
said the Council had made public choices through bond issues and Council
decisions. If the Council votes against
this increase, it puts the bonds in default.
Council Member Martin moved to approve the
resolution. Council Member Hadden
seconded the motion, which carried unanimously and is inscribed in Resolution
No. 2188.
c. RESOLUTION ESTABLISHING
FEES FOR SOLID WASTE AND CURBSIDE RECYCLING – RESOLUTION
Council Member Martin moved to approve the
resolution. Council Member Hester
seconded the motion. Council Member
Brenton asked for clarification that this is still at the low end of trash removal
rates in the metro area. Mrs. Gentrup
said that, while a recent survey had not been conducted, she believes it is
still on the low end of rates compared to other area cities. Mr. Brenton said it seems like a
bargain. The motion carried unanimously
and is inscribed in Resolution No. 2189.
d. RESOLUTION ESTABLISHING
ROADWAY DEVELOPMENT TAX RATE EFFECTIVE APRIL 1, 2005 – RESOLUTION
XI.
MISCELLANEOUS
MATTERS FROM CITY ADMINISTRATOR – None.
XII.
MISCELLANEOUS
MATTERS FROM MAYOR AND CITY COUNCIL
Council
Member Brenton asked if any consideration had been given to a name change for Stewart Road in the Triangle since it is no longer contiguous. Mrs. Gentrup stated that is being discussed
with property owners.
XIII. ADJOURNMENT
The
meeting adjourned at 8:47 p.m.
__________________________________
Mayor
Attest:
_____________________________________
Deputy City Clerk