CITY COUNCIL MEETING

MINUTES

MONDAY, MAY 23, 2005

 

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 23, 2005 with Mayor Robert T. Steinkamp presiding.  Mayor Steinkamp called the meeting to order at 7:01 p.m.

 

II.         INVOCATION AND PLEDGE OF ALLEGIANCE

 

The invocation was given by Council Member Anna Marie Martin who then led the pledge of allegiance.

 

III.       ROLL CALL

 

Roll call was answered by Mayor Robert T. Steinkamp; Harold Phillips and Coni Hadden, Ward I; LeRoy Coe and Anna Marie Martin, Ward II; Juarenne Hester and John Parry, Ward III; and Nick King, Ward IV.  Also in attendance were Patty Gentrup, City Administrator; Cynthia Boecker, Assistant City Administrator; Brian Hess, City Engineer; Rebecca Wymore, Planner; Craig Knouse, Police Chief; Chris Deal, Parks & Recreation Director; Gary Birch, Fire Chief; Linda Tyree, Finance Director; Tony Sage, Information Services Manager; Sara Cooke, Public Relations Coordinator; Lyndsay Heal, Management Assistant; Jane Sharon, Deputy City Clerk; Angie Borgedalen, Liberty Tribune, and 4 members of the public.

 

IV.       APPROVE MINUTES AND SUMMARIES [SEE CONSENT AGENDA BELOW]

 

V.        CITIZENS’ PARTICIPATION – None.

 

VI.       MEETING SCHEDULE

 

VII.      CONSENT AGENDA

 

Council Member Phillips requested the regular session minutes of May 16, 2005 be removed from the consent agenda and voted on separately.

 

A.        MINUTES AND MEETING SUMMARIES FROM PREVIOUS MEETINGS

 

1.         REGULAR SESSION MINUTES OF MAY 9, 2005

 

Council Member King asked the May 9, 2005 minutes be corrected to reflect Council Member Martin seconded the motion to waive the rules and consider the ordinance on first reading regarding the code amendment pertaining to second readings.

 

Council Member Martin moved to approve the minutes as corrected.  Council Member Coe seconded the motion, which carried unanimously.

 

2.         STUDY SESSION MEETING SUMMARY OF MAY 16, 2005

 

Council Member Hadden moved to approve the meeting summary as distributed.  Council Member Hester seconded the motion, which carried 6-0-1.  Council Member Phillips abstained due to absence.

 

VIII.     PUBLIC HEARINGS

 

A.        *NORTH HAVEN ESTATES IN THE NORTHEAST CORNER OF KANSAS AND CONISTOR STREETS IN THE LIBERTY TRIANGLE (Only the rezoning case requires a public hearing.)

 

Mrs. Gentrup noted that, while only the rezoning application requires a public hearing, the final plat was placed with the rezoning under public hearing, because they both pertain to the same property in the Liberty Triangle.

 

Planner Rebecca Wymore reviewed the rezoning application for 3.8 acres in the Liberty Triangle from R-1C, Standard Single-family Residential District to C-2, General Business District.  She stated the application meets the requirements for adequate public facilities with the site having access to City sewer and water systems.  She noted that the City’s Future Land Use Plan designates this property as commercial and also suggests a mixture of land uses could be considered, if appropriate.  Ms. Wymore also noted that Recommendation #6 in the City’s Future Land Use Plan specifically mentions the City promoting redevelopment of the Triangle and Recommendation #14 suggests that, as a Gateway to Liberty, the Triangle should be designed in a manner that creates a sense of arrival.  Ms. Wymore added that the Planning & Zoning Commission recommended approval of the rezoning.

 

Ms. Wymore then reviewed the replat application of 7.3 acres and six tracts in the Triangle.  She stated the tracts would allow for the development of three free-standing restaurants, a retail center and the park and ride lot.  She stated the application conforms to the City zoning and subdivision requirements and the Planning & Zoning Commission recommends approval of the final plat replat.

 

Council Member Martin asked for clarification of the staff report which referred to “intense zoning district”.  Mrs. Gentrup stated this phrase is used to describe tracts that are more traffic-oriented.  Mrs. Martin asked what was planned for Tract B.  City Engineer Brian Hess said that is a private drive.

 

Council Member Hester asked for clarification of what changes have been made and what changes will be made to the roundabout in the future.  Mr. Hess said the existing roundabout has been altered and the width of the lanes expanded slightly to address issues with truck tires hitting the inside curb.  The new roundabout will use a modified design so it is not a hazard.

 

Mrs. Hester asked if there were commitments for any of the pad sites.  Mrs. Gentrup said there is one and Planning & Development Director Steve Anderson was at a conference which might identify more prospects as well.

 

Council Member King asked if the roundabout would be larger in circumference.  Mr. Hess said there are two lanes and the circumference was redesigned so tires would not hit the curb; the radius is larger to accommodate traffic in the two lanes.

 

1.         REZONING OF PROPERTY FROM R-1C, STANDARD SINGLE FAMILY RESIDENTIAL DISTRICT TO C-2, GENERAL BUSINESS DISTRICT (Continued from the April 25, 2005 agenda) [P&Z CASE NO. 05-012R; APPLICANT: LTD ENTERPRISES LLC] – ORDINANCE

 

Mayor Steinkamp opened the public hearing and asked if anyone present wished to speak in favor of the application.  Seeing none, he asked if anyone wished to speak in opposition to the application.  Seeing none, he closed the public hearing.

 

Document No. 6364 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 Martin moved to approve the ordinance.  Council Member Phillips seconded the motion, which carried unanimously.  It was approved by the Chair and is inscribed in Ordinance No. 8824.

 

2.         REPLAT OF PROPERTY FOR A FINAL PLAT OF THE SHOPPES AT LIBERTY TRIANGLE, FIRST PLAT – ORDINANCE

 

Document No. 6365 was read.  Council Member Coe moved to waive the rules and consider the ordinance on first reading.  Council Member King seconded the motion, which carried unanimously.

 

Council Member Hadden moved to approve the ordinance.  Council Member Martin seconded the motion.  Council Member Hester asked if work on the extension of Blue Jay Drive would begin with this final plat.  Mrs. Gentrup said it would be extended to the roundabout only.  The motion carried unanimously; it was approved by the Chair and is inscribed in Ordinance No. 8825.

 

IX.       ORDINANCES, CONTRACTS AND RESOLUTIONS

 

A.                 ACKNOWLEDGEMENT OF VENDOR PAYMENTS FROM MAY 6, 2005 THROUGH MAY 20, 2005 – ORDINANCE

 

Document No. 6366 was read.  Council Member Hadden moved to approve the ordinance.  Council Member Hester seconded the motion.

 

Council Member Martin asked about check number 336 to Commerce Bank for street sweeper payments.  Mrs. Gentrup said the two different amounts were for principal and interest.  Mrs. Martin asked about check numbers 89099 and 89021 for spring cleanup ads.  Mrs. Gentrup stated the two newspapers had different advertising rates.

 

Council Member Coe asked about check number 88951 to Grass Roots, questioning how much it cost to mow each cemetery.  Parks & Recreation Director Chris Deal said the figures are not broken down that way.  Mr. Coe expressed concern that the mowing was too high and that the cemeteries would not look nice for Memorial Day.  Mr. Deal said staff would check with the contractor.

 

Vote on the motion was as follows:  Council Member Phillips – yes; Council Member Martin – yes; Council Member Hester – yes; Council Member Hadden – yes; Council Member Coe – yes; Council Member Parry – yes; Council Member King – yes.  The motion carried unanimously; it was approved by the Chair and inscribed in Ordinance No. 8826.

 

B.         CONTRACT FOR ENGINEERING SERVICES FOR I-35/M-291 INTERCHANGE IMPROVEMENTS WITH TRANSYSTEMS IN AN AMOUNT NOT TO EXCEED $449,955 – ORDINANCE

 

Mrs. Gentrup noted this contract is for engineering services for the final two I-35 interchanges and the Council will consider bonds to finance these projects this summer.

 

Council Member King asked if the not to exceed amount meant there would be no additional costs.  Mr. Hess said no additional costs were anticipated but if special circumstances were encountered there could be a request to increase the amount of the contract.

 

Document No. 6367 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 Phillips 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. 8827.

 

C.         ACCEPTANCE OF TEMPORARY CONSTRUCTION EASEMENTS – HOLT ESTATES STORM DRAINAGE IMPROVEMENTS PROJECT – ORDINANCE

 

Mrs. Gentrup stated these are temporary construction easements for which the construction contract was awarded last week.

 

Document No. 6368 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 Coe seconded the motion.  Council Member King asked if the temporary easements were primarily for access.  Mr. Hess said there are two reasons – access and a workable area for maneuvering.  Mr. King asked if the contractor is required to put the area back to its preconstruction condition.  Mr. Hess said the contractor must make it as it was or better.  Mr. King asked if the temporary easements expire.  Mr. Hess said they expire two years after the construction bid is accepted.  The motion carried unanimously.  It was approved by the Chair and is inscribed in Ordinance No. 8828.

 

D.        ACCEPTANCE OF EASEMENTS – UPPER RUSH CREEK SEWER PROJECT – ORDINANCE

 

Mrs. Gentrup noted these easements are from both private owners and the City.

 

Document No. 6369 was read.  Council Member Martin moved to waive the rules and consider the ordinance on first reading.  Council Member Hadden seconded the motion, which carried unanimously.

 

Council Member Hadden moved to approve the ordinance.  Council Member King seconded the motion.  Council Member Martin stated twenty-seven property owners was a large number to be working with to obtain easements.  Mr. Hess said the properties are in a linear fashion in the construction area from H Highway to the Old 210 split.  He said the timeframe is such that there is an opportunity to negotiate with remaining property owners.  The City is interested in having all easements in place before construction begins.  Mrs. Martin asked why these easements were being brought forward now.  Mr. Hess said the easements on this agenda have all been approved by the property owners and they would like to have the easements recorded in the event the properties are sold.

 

Council Member King asked if there is any doubt about securing the rest of the easements.  Mr. Hess said none of the property owners have said they would not provide the easements and all have been contacted.  It is a continuing process.  Mr. King asked if appraisals have been done.  Mr. Hess said appraisals are part of the process and amounts may vary because some properties will be

connected to the force main, others to the system in place and have their septic systems removed.  The property owners bear the cost to connect to the sewer system.  Mr. King asked if the budgeted amount includes the cost of appraisals.  Mr. Hess said it does.  The motion carried unanimously.  It was approved by the Chair and is inscribed in Ordinance No. 8829.

 

E.         PURCHASE OF DUMP TRUCK

 

1.         PURCHASE OF DUMP TRUCK FROM KCR INTERNATIONAL IN THE AMOUNT OF $83,841 – MOTION

 

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

 

2.         LEASE PURCHASE AGREEMENT WITH COMMERCE BANK, NA – ORDINANCE

 

Document No. 6370 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 Phillips seconded the motion.  Council Member Martin asked why it was better to lease than purchase outright and about the life expectancy of the truck.  Mrs. Gentrup said there are finance charges with the lease, but the truck should last about fifteen years and it will be paid off in five.

 

Council Member Parry asked if the City has to have it now.  Mrs. Gentrup said the purchase was necessary at this time because the truck being replaced is more than 15 years old.  Mr. Parry asked if the truck being leased was due to a cash flow issue.  Mrs. Gentrup said it was.  Assistant City Administrator Cynthia Boecker said the capital improvement plan includes $420,000 annually for vehicles and equipment.  This method allows more to be purchased each year.  Council Member Martin said the 2010 tax will cover this now but then what will be budgeted.  Mrs. Gentrup stated that the capital sales tax expires December 31, 2010.  She anticipated an extension of the tax would be discussed.

 

Council Member Parry asked how purchases of equipment were budgeted, given a five-year lease would not be possible in 2006.  Mrs. Gentrup said the funds allocated for vehicles and equipment don’t go very far, but needs and what best provides necessary services are considered.  Council Member King asked if funds in this category that are not spent are carried over.  Mrs. Gentrup said they are, but it is unlikely anything would remain to be carried over.  The motion carried unanimously.  It was approved by the Chair and is inscribed in Ordinance No. 8830.

 

F.         REQUEST FOR 90 DAY EXTENSION OF CITY'S OBLIGATION TO MISSOURI DEVELOPMENT FINANCE BOARD FROM JUNE 5 TO SEPTEMBER 6, 2005 – RESOLUTION

 

Finance Director Linda Tyree stated that, in 2003, repairs were required on the West Interceptor.  Staff researched financing options at that time and determined the best option was the Missouri Development Financing Board (MDFB), which offers short term financing.  A $1 million loan was obtained for the West Interceptor repairs and work on the Upper Rush Creek system.  Bonds for the project were approved by the voters in 2004.  She noted that the State Revolving Fund (SRF) had also been considered but financing through this mechanism would have taken longer to obtain.  The payment to MDFB is due June 5 and the City is not yet ready to issue the bonds.

Mrs. Tyree stated this resolution would allow a request to be submitted to MDFB for a 90-day extension.  The interest rate would continue at 3%.

 

Mrs. Gentrup stated that the bond issuance had taken longer because of the City had initially been informed last November that it was not on the SRF list for recommended funding.  Working through Piper Jaffray, however, the City had been added to the list.  This requires more funds in the short term to cover the extension of the MDFB loan, but will result in considerable savings.  Mayor Steinkamp added that the City could have issued the bonds, but it would have cost more to finance them without the assistance of the SRF.  Council Member King said it looks like the City can spend an additional $7,500 to save $2.2 million.

 

Council Member Martin moved to approve the resolution.  Council Member Hester seconded the motion, which carried unanimously and is inscribed in Resolution No. 2214.

 

G.         A RESOLUTION RECOGNIZING THE BENEFITS OF WINDOWS TO WELLNESS, AN EMPLOYEE WELLNESS PROGRAM – RESOLUTION

 

Mrs. Gentrup said this resolution is an opportunity to inform Council of a wellness program that is being offered to employees.  The program will be open to all full-time employees, their spouses and children, age 18-25.  The program will officially kick off on May 31.

 

Council Member Hester asked if the City had a wellness program in the past.  Mrs. Gentrup said there had been pieces, but not a full formal program.  Mrs. Hester asked if that meant there is nothing that could be used to compare participation.  Mrs. Gentrup said that was correct.

 

Council Member Martin moved to approve the resolution.  Council Member Hadden seconded the motion.  Council Member Parry asked what is covered by the $6,000.  Mrs. Gentrup it includes a risk assessment, classes, and additional discounts for family community center passes.

 

Mayor Steinkamp noted that insurance companies provide the same kind of programs.  Mrs. Gentrup said she anticipates participation in this program to grow.

 

Council Member Phillips asked how the program will be evaluated.  Mrs. Gentrup said the number of participants and the amount of sick leave used would be indicators.  She noted staff has been participating in Corporate Challenge, which ties in to the wellness program.

 

Council Member Parry asked about the role of CBIZ in this program.  Mrs. Gentrup said CBIZ is the City’s health insurance broker and assisted with the bidding.  The company serves as a resource.  Mr. Parry asked if any of the $6,000 goes to CBIZ.  Mr. Deal said they worked with the University of Michigan to set up the website and assisted in preparing the paperwork and survey.

 

The motion carried unanimously and is inscribed in Resolution No. 2215.

 

X.         OTHER BUSINESS

 

A.        PURCHASE OF COMPUTER EQUIPMENT FROM HEWLETT PACKARD IN THE AMOUNT OF $38,402 – MOTION

 

Council Member Hadden moved to approve the purchase.  Council Member Martin seconded the motion.  Council Member King asked the age of the equipment being replaced.  Information Services Manager Tony Sage said the equipment is on a three-year rotation for replacement.  He said the software manufacturers have minimum platform requirements to run securely.  The warranty for hardware expires at three years, after which there is the possibility of employee downtime using out of warranty equipment.  He added that staff is looking at other options, for which infrastructure is needed.

 

Mr. King asked if there have been problems due to equipment failure.  Mr. Sage said the community center had experienced 3-4 days of downtime, which caused delays for the patrons.  If the equipment is still under warranty, Hewlett Packard will replaced the equipment.

 

Council Member Parry asked how many computers were being purchased.  Mr. Sage said there were 137 PCs and 26 lap tops.  Some servers are shared but most have very specific purposes.

 

The motion carried unanimously.

 

XI.               MISCELLANEOUS MATTERS FROM CITY ADMINISTRATOR

 

Mrs. Gentrup noted there would be no meeting next week and on June 6 there would be a joint study session for City Council and the Parks & Recreation Board.

 

XII.            MISCELLANEOUS MATTERS FROM MAYOR AND CITY COUNCIL

 

Council Member Phillips said he was sorry to see the departure of Kate Egan as Preservation Planner and commended her for what she had accomplished during her brief tenure with the City.

 

Council Member Martin said the wellness program would of great benefit to the City.  If only one person used the smoking cessation classes offered through the program, the $6,000 spent could save thousands in health claims.  Council Member Hester asked if the program was available to council members.  Mrs. Gentrup said it is.

 

Mrs. Hester commended staff for its efforts and those of the Spring on the Square Committee for a successful festival.  Mrs. Gentrup said they were very pleased that the volunteers have returned to coordinate the event.

 

Council Member King asked if there was any update on the children injured in the school bus accident.  Mrs. Gentrup said no additional information has been made available.

 

Mr. King said he enjoyed Spring on the Square this year as well.

 

Mayor Steinkamp noted upcoming dates for the Council’s calendars – July 9 is the Boards and Commissions Recognition Event and a Council retreat is slated for August 6 and August 13.

 

Council Member King added that July 9 is Alexander Doniphan’s birthday and the question had been raised why M-152 is not called Alexander Doniphan Highway.  Council Member Hester said the recipient of the Alexander Doniphan award would be honored at a ceremony on July 10.

 

Mrs. Gentrup reminded Council of Celebration Liberty, which is scheduled for June 25.

Mrs. Hester also noted another Cruise Night on the square this Saturday.

 

XIII.     ADJOURNMENT

 

The meeting adjourned at 8:06 p.m.

 

 

                                                                                    __________________________________

Mayor

Attest:

 

 

_____________________________________

Deputy City Clerk