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CITY COUNCIL MEETING

MINUTES

MONDAY, JUNE 27, 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 June 27, 2005 with Mayor Robert T. Steinkamp presiding.  Mayor Steinkamp called the meeting to order at 7:00 p.m.

 

II.         INVOCATION AND PLEDGE OF ALLEGIANCE

           

The invocation was given by Council Member Harold Phillips 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; Steven Hansen, Public Works Director; Brian Hess, City Engineer; Steve Anderson, Planning & Development Director; James Simpson, Deputy Police Chief; Dennis Dovel, Sports Complex Manager; Gary Birch, Fire Chief; Marcella McCoy, Assistant Finance Director; Diana Adams, Financial Analyst; Mary Towse, Human Resources Director; Sara Cooke, Public Relations Coordinator; Lyndsay Heal, Management Assistant; Jane Sharon, Deputy City Clerk; Angie Borgedalen, Liberty Tribune, Janese Heavin, Sun News, and 9 members of the public.

 

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

 

V.        CITIZENS’ PARTICIPATION

 

Mayor Steinkamp said those wishing to comment on specific agenda items should wait until those items are being discussed.  He asked those speaking to keep their comments brief and that they not duplicate comments made by other speakers.

 

Mayor Steinkamp also noted that Council discussion and questions take place after a motion and second are on the floor.

 

VI.       MEETING SCHEDULE

 

VII.      CONSENT AGENDA

 

Council Member King asked that the meeting summary from June 6 be removed and voted on separately.  Council Member Hadden asked that the meeting summary from June 20 be removed and voted on separately.

 

A.        MINUTES AND MEETING SUMMARIES FROM PREVIOUS MEETINGS

 

1.         REGULAR SESSION MINUTES OF MAY 23, 2005

 

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

 


B.                 APPOINTMENTS

 

Parks & Recreation Board

Appoint John Sprugel to a term expiring 06-01-08.

Reappoint Bob Burks to a term expiring 06-01-08.

Reappoint Bill Niffen to a term expiring 06-01-08.

 

Historic District Review Commission

Reappoint John Carr to a term expiring 07-01-10.

Reappoint Susan Goertz to a term expiring 07-01-10.

 

Municipal Prosecutor

Reappoint Thomas McGiffin to a term expiring 07-01-09.

 

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

 

C.                 AUTHORIZE EXECUTIVE SESSION TO BE HELD ON JUNE 27, 2005 IN THE COUNCIL CONFERENCE ROOM IMMEDIATELY FOLLOWING THE REGULAR SESSION TO DISCUSS LITIGATION MATTERS AS AUTHORIZED BY SECTION 610.021(1) RSMo – MOTION

 

Council Member Coe moved to authorize the executive session.  Council Member Hester seconded the motion, which carried unanimously.

 

D.                 JOINT STUDY SESSION MEETING SUMMARY OF JUNE 6, 2005

 

Council Member King requested the language in the meeting summary be revised to more accurately reflect what was stated regarding the City’s park fees compared to tax support.  Council Member Martin questioned whether the context of the meeting summary could be changed.  Mayor Steinkamp said he believed the recommended changes would address the intent and not change the context.  Council Member Hadden offered additional wording.  Mayor Steinkamp asked the Council to postpone its consideration of this meeting summary until July 11, 2005, so that changes could be made.  City Administrator Patty Gentrup agreed to submit a revised meeting summary incorporating the proposed changes for the July 11, 2005 meeting.

 

E.                  STUDY SESSION MEETING SUMMARY OF JUNE 20, 2005

 

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

 

VIII.     PUBLIC HEARINGS – None.

 

IX.       ORDINANCES, CONTRACTS AND RESOLUTIONS

 

A.                 ACKNOWLEDGEMENT OF VENDOR PAYMENTS FROM MAY 20, 2005 THROUGH JUNE 24, 2005 – ORDINANCE

 

Document No. 6371 was read.  Council Member Hadden moved to approve the ordinance.  Council Member Hester seconded the motion.

 

Council Member Martin asked about check number 89178 ESRI, Inc.  Public Works Director Steve Hansen stated the check was for an additional license to allow a second staff member to access ArcView.  This would allow greater access to aerial photos for staff.  Mrs. Martin asked about check number 89684 to Dollar General.  Deputy Police Chief James Simpson stated that Municipal Court had held the funds, taken as evidence, which were now being returned upon disposition of the case.

 

Council Member Hadden asked about check number 89491 for street accident reduction zone signs.  She asked if there was a potential the signs would be placed in other areas of Liberty.  Deputy Chief Simpson said 152 Hwy. was the highest accident zone and the goal of this program was to reduce accidents by 20% this year.  The accident rate is 10% below last year’s so far.  Mrs. Hadden asked how the determination is made on where to place such signs.  Deputy Chief Simpson said it is a local decision coordinated through the court and police.

 

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. 8831.

 

B.                 *ISSUANCE OF TRANSPORTATION GENERAL OBLIGATION BONDS – ORDINANCE

 

Mrs. Gentrup stated this bond issuance is necessary for continuation of the South Liberty Parkway Phase I project, and to cover the City’s costs for the I-35/291 Hwy. and M-33/M-69 Hwy. interchanges.  Todd Goffoy, with Piper Jaffray, stated this is a second series of bonds approved by the voters.  The first series were completed in December 2001.  The half-cent sales tax and roadway development tax will be used to repay the bonds.  The final details for the ordinance will be available for second reading on July 11, including the bond insurance and the City’s underlying rating and bond prospectus.  The terms will be set next Thursday.  Closing will be on or about July 20.

 

Document No. 6372 was read.  Mayor Steinkamp said the ordinance would go to second reading on July 11.

 

C.                 *AMENDMENT TO SECTION 29-49.1, SANITARY SEWER RATES, IN THE LIBERTY CITY CODE – ORDINANCE

 

Assistant Finance Director Marcella McCoy commented on the changes to the sewer rate which had been reviewed by Council at the June 6, 2005 study session.  She noted that the City could save $2.2 million on the Rush Creek sanitary sewer project by using the State Revolving Fund (SRF). 

 

Ms. McCoy reviewed the City’s current rate structure, which charges different rates for residential and commercial service.  A requirement of being eligible for SRF is to revise the rates so the same charges are applied for the same service.  The staff evaluated the rates and proposed a single rate of $5.45 per 1,000 gallons.  This rate would bring in the same revenue as budgeted.  The rate would be a reduction for residential service while the 935 commercial customers would see an increase for service, based on usage.

 

Mrs. Gentrup asked Council for direction with regard to exploring how the new rate might be phased in and still meet the State’s requirements.  She recommended the ordinance be continued to the July 25 meeting if further research is requested.

 


Council Member Phillips asked how many residential customers there are.  Ms. McCoy said there are approximately 9,200 residential customers.  Council Member Hester asked for clarification of residential customers’ bills being estimated by winter usage.  Ms. McCoy said that is correct.  Mrs. Hester asked if commercial customers pay for irrigation systems in place.  Ms. McCoy said that cannot currently be identified but could include a mechanism to remove this usage from sewer charges.

 

Council Member Hadden asked if there is any possibility of changing the outcome.  Mrs. Gentrup said the way the proposed rate is structured is still revenue neutral.  Mrs. Hadden asked if that would mean higher debt service, paying on an installment basis.  Mayor Steinkamp said the City would not be doing that.  He asked if the rates would be revenue neutral throughout the life of the bonds.

 

Mayor Steinkamp asked for clarification that, had the State not required the change for SRF, the City would not be considering a change in the rate structure.  Ms. McCoy said that is correct.  The State requires the rates to be proportional.  Mayor Steinkamp said it appears the Department of Natural Resources would allow a phasing-in of the change in rate structure.

 

Council Member Hester asked if the new rate is phased in would that mean it would take longer to pay off the bonds, thereby reducing the savings available by using SRF.  Mrs. Gentrup said that would be true if the rates do not remain revenue neutral.  Ms. McCoy said the 2005 budgeted revenue must be maintained.

 

Document No. 6381 was read.  Council Member Parry moved to continue consideration of the ordinance to the July 25, 2005 meeting to allow for a review of the options.  Council Member King seconded the motion.  Mayor Steinkamp asked those present to speak to this matter defer their comments until July 25, given there may be changes to what is being considered at that time.  The motion carried unanimously.

 

D.                 AMENDMENT TO TRAFFIC REGULATIONS – ORDINANCE

 

Mrs. Gentrup stated these amendments appear regularly for new development or existing locations.

 

Document No. 6373 was read.  Council Member Hadden moved to waive the rules and consider on first reading.  Council Member Coe seconded the motion, which carried unanimously.

 

Council Member Hester moved to approve the ordinance.  Council Member Martin seconded the motion.  Council Member Martin asked for clarification of a listing on one street to the same street.  City Engineer Brian Hess stated this is a long cul-de-sac with a median in the middle and this location is where the street comes together on the median side.  The motion carried unanimously; it was approved by the Chair and is inscribed in Ordinance No. 8832.

 

E.                  ABANDONMENT OF RIGHT OF WAY ON FRANKLIN STREET – ORDINANCE

 

Mrs. Gentrup stated the previous building on this site was a victim of the 2003 tornado.  When planning to construct the new building in the footprint of the previous structure, it was discovered the building would encroach about two feet into the right-of-way.  Mayor Steinkamp asked if the building would have the same dimensions.  Mrs. Gentrup said it would.

 

Document No. 6374 was read.  Council Member Martin moved to waive the rules and consider the ordinance on first reading.  Council Member Phillips 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. 8833.

 

F.                  STREET LIGHTS

 

Mrs. Gentrup said a study had been conducted and it had been determined that the current arrangement for street lighting was the most cost effective for the City.  The five-year contract includes performance standards, requiring more timely responses.  A companion issue is for the public works’ director to handle authorization of street light installation.  This will allow the City to expedite installation requests.  Staff recommends approval of both the contract and the authorization.

 

1.                   CONTRACT WITH AQUILA – ORDINANCE

 

Document No. 6375 was read.  Council Member Martin moved to waive the rules and consider the ordinance on first reading.  Council Member King seconded the motion, which carried unanimously.

 

Council Member Hester moved to approve the ordinance.  Council Member Martin seconded the motion.  Council Member Hadden asked if this includes adding lights to the downtown area.  Mr. Hansen said it does not.  The design has been submitted by Aquila and the existing lighting is being reduced by half.  This is due to the old lighting fixtures no longer being manufactured and the new ones, while similar in appearance, being more efficient.  More lights are being considered for the area.

 

Council Member Phillips asked how information about the toll free number to call reporting street light outages is being disseminated.  Management Assistant Lyndsay Heal said if a call is received by City staff, it is forwarded to Aquila by fax.  The toll free number is given out to callers, is on the City’s website and is in the phone book as the general customer service line.  The motion carried unanimously; it was approved by the Chair and is inscribed in Ordinance No. 8834.

 

2.                   AUTHORIZATION FOR PUBLIC WORKS DIRECTOR TO ADMINISTER STREET LIGHT INSTALLATION – RESOLUTION

 

Council Member Coe moved to approve the resolution.  Council Member Hadden seconded the motion, which carried unanimously and is inscribed in Resolution No. 2216.

 

G.                 ACCEPTANCE OF STORM DRAINAGE EASEMENTS FOR HOLT ESTATES PROJECT – ORDINANCE

 

Document No. 6376 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 Coe seconded the motion, which carried unanimously.  It was approved by the Chair and is inscribed in Ordinance No. 8835.

 

H.                 ACCEPTANCE OF EASEMENTS FOR UPPER RUSH CREEK PROJECT – ORDINANCE

 

Document No. 6377 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 Hester seconded the motion.  Council Member Parry asked why the City has to pay for some easements.  Mr. Hansen stated that the City initially asked for dedication of some property directly adjacent to the sewer system.  These will tie into the new system in return for the easements.  The properties on which the pump station and access drive will be located can’t be tied in to the sewer system.  They were appraised and amounts offered as stated.  There will be additional easements coming forward to Council as they are negotiated.  Council Member King asked if the amounts paid are within the budget.  Mr. Hansen said they are and are based on the fair market value provided by an independent appraisal firm.  Mr. King asked how many additional easements need to be acquired.  Mr. Hess said there were about 26 more.  Mr. King asked if the project will be completed within the project budget.  Mr. Hansen said they anticipated the project to be completed within budget and the time frame established, because the permit expires August 2006.  The motion carried unanimously; it was approved by the Chair and is inscribed in Ordinance No. 8836.

 

I.                    OVERLAY PROJECTS

 

Mrs. Gentrup stated that the 2004 overlay project was started later in the year and carried over into 2005.  The 2004 project exceeded the amount budgeted for it and the 2005 project came in under budget.  Staff recommends approval of the contract amendments and acceptance of both the 2004 and 2005 overlay projects.

 

1.                   2004 OVERLAY PROJECT

 

a.                   AMENDMENT TO CONTRACT WITH SUPERIOR BOWEN ASPHALT CO. LLC – ORDINANCE

 

Document No. 6378 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 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. 8837.

 

b.         ACCEPTANCE OF PROJECT – RESOLUTION

 

Council Member Martin moved to accept the project.  Council Member Hester seconded the motion.  Council Member Coe asked if the remaining funds would be carried over into the next year.  Mrs. Gentrup said the unused funds would go into the 2010 capital fund and be reallocated by Council.  The motion carried unanimously and is inscribed in Resolution No. 2218.

 

2.                   2005 OVERLAY PROJECT

 

a.                   AMENDMENT TO CONTRACT WITH SUPERIOR BOWEN ASPHALT CO. LLC – ORDINANCE

 

Document No. 6379 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 Hester seconded the motion, which carried unanimously.  It was approved by the Chair and is inscribed in Ordinance No. 8838.

 

b.         ACCEPTANCE OF PROJECT – RESOLUTION

 

Council Member Martin moved to accept the project.  Council Member Hadden seconded the motion, which carried unanimously and is inscribed in Resolution No. 2217.

 

J.                   LIBERTY MANOR WEST STORM DRAINAGE IMPROVEMENTS PROJECT

 

1.                   AMENDMENT TO CONTRACT WITH DENNIS JOHNSON CONSTRUCTION, INC. – ORDINANCE

 

Document No. 6380 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 Hester seconded the motion.  Council Member King asked what minor changes were made to allow the project to be reduced to come closer to the amount budgeted.  Mr. Hansen explained that initial bids for the project came in over budget, due to significant increases in the cost of concrete and steel.  The only way to get within budget for the project was to modify the plans, removing Holt Estates.  That project was rebid later.  Mr. King asked about what was approved for the costs of this project.  Mr. Hansen said the contract was approved in a not to exceed amount, based on engineering estimates.  The actual costs must be determined upon completion of the project, which included additional paving, curb work and two additional inlets.  The motion carried unanimously; it was approved by the Chair and is inscribed in Ordinance No. 8839.

 

2.                   ACCEPTANCE OF PROJECT – RESOLUTION

 

Council Member Martin moved to accept the project.  Council Member Hester seconded the motion, which carried unanimously and is inscribed in Resolution No. 2219.

 

X.         OTHER BUSINESS

 

A.                 APPROVAL OF FINAL PAYMENT FOR KCP&L UTILITY RELOCATION COSTS PERTAINING TO CONSTRUCTION OF SOUTH LIBERTY PARKWAY – MOTION

 

Mrs. Gentrup reviewed the City’s responsibility to cover the costs to move utilities associated with construction of the Parkway.  The Council approved relocation earlier, based on estimated costs.  The actual costs are now presented and staff recommends approval.

 

Council Member Martin moved to approve the expenditure.  Council Member Hester seconded the motion, which carried unanimously.

 


B.                 PURCHASE OF FIRE DEPARTMENT VEHICLE– MOTION

 

Council Member Martin moved to approve the vehicle purchase.  Council Member Phillips seconded the motion.  Council Member Parry asked what type of vehicle was being purchased.  Fire Chief Gary Birch said it was a Dodge Durango.  Council Member King asked if it was a new 2004 vehicle.  Chief Birch said it is.  The motion carried unanimously.

 

C.                 PURCHASE OF VAN-MOUNTED SEWER INSPECTION CAMERA SYSTEM FROM KEY EQUIPMENT & SUPPLY IN THE AMOUNT OF $113,250 – MOTION

 

Mrs. Gentrup stated that this camera will assist in viewing new and existing lines.  Council Member Hadden moved to approve the purchase.  Council Member Phillips seconded the motion.  Council Member Hadden asked if the City has had this equipment in the past.  Mr. Hansen said a van had been purchased in the 1970s and both it and the camera wore out.  This is a purchase of a new truck with the vehicle-mounted camera.  Mrs. Hadden asked about a warranty.  Mr. Hansen said it would be a standard one-year warranty on the camera.  Council Member Martin confirmed the purchase includes the vehicle.

 

Council Member King asked if the camera would be used to inspect lines for approval during the construction process.  Mr. Hansen said that would not immediately be the use, but it could be added as a component at a later date.  The intent is to TV all lines.  Council Member Parry asked what alternative the City had to purchasing equipment.  Mr. Hansen said the City could outsource the services but they would not always be available when there was a problem.  Council Member Phillips asked who operates the equipment.  Mr. Hansen said utility maintenance staff is trained in its use.  Mr. Parry asked how long the old one lasted.  Mr. Hansen said the camera was replaced twice since 1970.  The motion carried unanimously.

 

D.                 SUPER SERIES NATIONAL TOURNAMENT AT FOUNTAIN BLUFF SPORTS COMPLEX

 

Mrs. Gentrup said this is the second year for the super series tournament and last year there was a good discussion about the tournament and the purchase of souvenirs.  All the costs are included in the registration fees and, with the exception of the t-shirts, unsold inventory can be returned for a refund.

 

1.         PURCHASE OF SOUVENIRS IN AN AMOUNT NOT TO EXCEED $30,000 – MOTION

 

Council Member Martin moved to approve the purchase.  Council Member Hester seconded the motion.  Council Member Parry asked what the markup was on the souvenirs.  Sports Complex Manager Dennis Dovel said the markup ranges from 75% to 200% depending on the item.  The motion carried unanimously.

 

2.         PURCHASE OF ROYALS TICKETS FOR OPENING CEREMONY IN AN AMOUNT NOT TO EXCEED $36,000 – MOTION

 

Council Member Hadden moved to approve the purchase.  Council Member King seconded the motion, which carried unanimously.

 

XI.               MISCELLANEOUS MATTERS FROM CITY ADMINISTRATOR

 

Mrs. Gentrup noted the open house at South Valley Middle School on June 28 related to the Flintlock flyover.  She noted that HNTB staff will be coordinating the open house.

Mrs. Gentrup said the police department’s 50th anniversary activities last Saturday afternoon at City Hall went well.  Mary Bittner was honored for her 50 years of service.  Celebration Liberty was also a good event that evening and she thanked Hallmark for hosting the event on its grounds.

 

XII.            MISCELLANEOUS MATTERS FROM MAYOR AND CITY COUNCIL

 

Council Member Phillips mentioned the chip & seal project on Franklin Street had revealed brick underneath.  He asked if there is any way to know which streets have brick.  Mr. Hansen said some information is available in the City’s database, but there are very few brick streets left.  The condition is not always known until a project occurs.

 

Council Member Martin reported a street light out at 1104 Blueberry Lane.  She asked why the traffic regulations have to be amended by Council.  Deputy Chief Simpson confirmed the regulations have to be part of the Code of Ordinances as a legal basis for enforcement.

 

Council Member Hester asked for consideration of changes to the median by the post office to make it more attractive.

 

Council Member Hadden reported she had attended the National League of Cities annual small cities committee meeting and several committees joined them in an economic summit.  She said she had good information to share.

 

Council Member Parry asked why the ball tickets had to be approved by Council.  Mrs. Gentrup said the cost exceeded her approval authority.

 

Council Member King thanked the staff for providing the map showing South Liberty Parkway property owners.  He commended the staff for its efforts in improvements that had brought the favorable feedback from developers working with the City.

 

Mayor Steinkamp mentioned the developer survey results and joined in thanking staff for its efforts in regard to responding to developers and new businesses.    He reminded the Council of the Boards & Commissions event, Saturday, July 9, at the Community Center and also mentioned the opportunity to provide more information to the public on the Flintlock flyover.

 

XIII.     ADJOURNMENT

 

The meeting adjourned at 8:23 p.m.

 

 

                                                                                    __________________________________

Mayor

Attest:

 

 

_____________________________________

Deputy City Clerk