CITY COUNCIL MEETING
MINUTES
MONDAY, JULY 11, 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 July 11, 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 Nick King
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; John Parry, Ward III;
and Nick King and Bill Parker, Ward IV.
Also in attendance were Patty Gentrup, City Administrator; Cynthia
Boecker, Assistant City Administrator; Steven Hansen, Public Works Director; Brian
Hess, City Engineer; Steve Anderson, Planning & Development Director; Craig
Knouse, Police Chief; Chris Deal, Parks & Recreation Director; Gary Birch,
Fire Chief; Linda Tyree, Finance Director; Kathy Goode, 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, Patrice
Holderbach, Kansas City Star, and 5 members of the public.
IV. APPROVE MINUTES AND SUMMARIES [SEE CONSENT AGENDA BELOW]
V. CITIZENS’ PARTICIPATION
A.
PRESENTATION OF GOVERNMENT
FINANCE OFFICERS ASSOCIATION AWARD
Mayor Steinkamp presented to Finance Director Linda
Tyree the Certificate of Achievement for Excellence in Financial Reporting for
the City’s 2003 Comprehensive Annual Finance Report (CAFR). Mayor Steinkamp noted this is the 15th
consecutive year in which the City has received this citation from the
Government Finance Officers Association.
He thanked Mrs. Tyree, Assistant Finance Director Kathy Goode, Assistant
Finance Director Marcella McCoy, Financial Analyst Diana Adams and Financial
Analyst Dee Mizell for their efforts in financial reporting.
Mrs. Tyree thanked all the staff in the finance
department for the great job they do, adding the integrity shown in doing their
work allows the City to earn this award.
Cecil O’Dell, 464 N. Morse, said he had spoken with
former mayor Bob Saunders about the mayor’s right of veto. He had been referred to the City Charter,
which had first been adopted in 1851 and was in place to benefit the citizens
as a whole and to protect City officials.
He reviewed the charter language, specifically addressing City officials’
authority to repair and maintain the streets.
He expressed concern that all the streets in Liberty are in need of repair.
Mr. O’Dell noted that the ordinances not signed by the
mayor can still be effective after Council approval and that the Council can
override a mayor’s veto with a vote of 2/3 of the Council. He questioned why the City was not publishing
its ordinances in pamphlet form or in the newspaper. He complained about having to come to City
Hall to access the ordinances and minutes.
Mr. O’Dell commented on the authority the City has to
require lot owners to keep the streets and sidewalks clean. He said it is not feasible to enforce this
law and suggested the City create a committee that could help make streets and
neighborhoods beautiful with incentives such as bonuses or praise.
Mayor Steinkamp thanked Mr. O’Dell for his enthusiasm
and tenacity as a citizen watchdog.
Harry Lee Boggess, 1901 H Hwy., referred to a federal EPA report regarding TCEs in Liberty’s drinking water.
He said there is nothing about TCEs in the latest water quality report,
probably because they are below detectable levels. He said the EPA report listed Liberty as the top site for cleanup. He said the public had been exposed to a
serious health risk and the water supply should be shut down. Mr. Boggess noted that remedial action on
this problem began in the late 1980s. A
federal report is sent to the mayor and filed with the recorder of deeds
office.
Mr. Boggess noted that PWSD #5 is about to go online
and asked why Liberty didn’t buy its water from Kansas City, Missouri. He said he
pays more for water in Liberty than in another part of Missouri where he owns property. He expressed concern about the management of
the water system in Liberty and said it is criminal.
Mr. Boggess also reported there is a full-time City
employee who left his last employer on medical disability. He also said the City talks about bringing
and keeping business in Liberty
but needs to address the costs to businesses.
He stated that funding a system with impact fees is not right and higher
sewer rates and water charges will cause businesses to leave. He asked the Council to address his concerns.
Mrs. Gentrup stated that the TCE problem had been
identified and the City had taken all necessary measures to address it. She said staff would provide historical
information on the issue to Council. She
added that a water quality report is required to be distributed annually and
that the City continues to comply with all federal regulations.
Mayor Steinkamp said it would be helpful to have the background
information from staff to place Mr. Boggess’ comments in the proper context.
Fay Bedinger, 232 W. Franklin, expressed concern about water quality and fluoride
in the water. She said her daughter had
been among the first to drink fluoridated water in Liberty. She said
dentists approved it in the 1950s, but when combined with aluminum in the water
it can cause Alzheimer’s disease and there is no indication it helps teeth.
Mrs. Bedinger suggested the City remove fluoride from
the City’s drinking water and spend that money on something else. Mayor Steinkamp noted that Mrs. Bedinger had
made these comments at a study session and asked what had been done to respond
to her concerns. Mrs. Gentrup said that
staff had discussed the issue with Mrs. Bedinger. Mayor Steinkamp asked for a summary of this
to be included with information the staff would put together regarding the
drinking water issues raised by Mr. Boggess.
VI. MEETING SCHEDULE
Council
Member Parry asked to have the June 27, 2005 executive session minutes removed from the consent
agenda and voted on separately.
A. MINUTES
AND MEETING SUMMARIES FROM PREVIOUS MEETINGS
1. JOINT STUDY SESSION MEETING SUMMARY OF JUNE 6, 2005
Council Member Hadden moved to approve the meeting
summary as distributed. Council Member
Coe seconded the motion, which carried unanimously.
2.
REGULAR SESSION
MINUTES OF JUNE 27, 2005
Council Member Hadden moved to approve the minutes as
distributed. Council Member Coe seconded
the motion, which carried unanimously.
3.
EXECUTIVE SESSION
MINUTES OF JUNE 27, 2005
Council Member Martin moved to approve the minutes as
distributed. Council Member Hadden
seconded the motion, which carried 5-0-2.
Council Member Parker and Council Member Parry abstained due to absence.
B.
AUTHORIZE
EXECUTIVE SESSION TO BE HELD ON JULY 11, 2005 IN THE COUNCIL CONFERENCE ROOM
IMMEDIATELY FOLLOWING THE REGULAR SESSION TO DISCUSS LITIGATION MATTERS AS
AUTHORIZED BY 610.021(1) RSMo , REAL ESTATE MATTERS AS AUTHORIZED BY 610.021(2)
RSMo AND CONTRACT NEGOTIATIONS AS AUTHORIZED BY SECTION 610.021(12) RSMo –
MOTION
Council Member Hadden moved to authorize the executive
session. Council Member Coe seconded the
motion, which carried unanimously.
C. ACKNOWLEDGEMENT OF SETTLEMENT
AGREEMENTS
Council Member Hadden moved to acknowledge the
settlement agreements. Council Member
Coe seconded the motion, which carried unanimously.
VIII. PUBLIC HEARINGS – None.
A.
ACKNOWLEDGEMENT
OF VENDOR PAYMENTS FROM JUNE 24, 2005 THROUGH JULY 8, 2005 – ORDINANCE
Document No. 6382 was read. Council Member Martin moved to approve the
ordinance. Council Member Phillips
seconded the motion.
Vote on the motion was as follows: Council Member Phillips – yes; Council Member
Martin – yes; Council Member Parker – 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. 8840.
B.
*ISSUANCE OF
TRANSPORTATION GENERAL OBLIGATION BONDS – ORDINANCE (SECOND READING)
Mrs. Gentrup introduced Chris Ahrens, with Gilmore
& Bell, the City’s bond counsel, and Dennis Mitchell, with Piper Jaffray,
both of whom were available to answer questions.
Document No. 6372 was read. Council Member Martin moved to approve the
ordinance. Council Member King seconded
the motion. Mayor Steinkamp asked if the
bonds would be for sale to institutions and the public. Mr. Mitchell said they would. The motion carried unanimously; it was
approved by the Chair and is inscribed in Ordinance No. 8841.
Council Member Coe moved to approve the
resolution. Council Member Hadden
seconded the motion, which carried unanimously.
D.
*UPPER RUSH CREEK SANITARY SEWER IMPROVEMENTS PROJECT
Public Works Director Steve Hansen reviewed the
progress on the Upper Rush Creek sewer improvement project. The engineering services contract with George
Butler Associates has been in place since January 2004. The project includes the removal of the
existing sanitary sewer plant, extension of the main sewer line to the eastern
city limits and construction of a force main and pump station connections to
the Kansas City system.
Typically, once an engineering project is designed a contract is amended
to include construction-related services.
Included in these services is work associated with the pump station,
force main and shop drawings as well as the preparation of “as constructed”
drawings to show what was actually being built.
The amendments will increase the contract to a total of $708,000.
Council Member King asked if the amounts in this
contract are all as projected. Mr.
Hansen said they are and are specified as not to exceed amounts, which means
they could be lower, if the actual costs are lower than estimated. If the actual costs are more than what is
being considered now, staff would bring another contract amendment back to
Council.
Mr. Hansen said there are fifty easements required for
this project, thirty of which have been obtained. One on tonight’s agenda was obtained at no
cost and six were acquired after appraisals were received and acquisition amounts
negotiated with the property owners.
Council Member Phillips asked for a review of why some
easements can be obtained at no cost and others cannot. Mr. Hansen said that staff always initially
asks for the dedication of easements at no cost. Some require payment or some other
consideration, such as being tied in to the sewer system. Council Member Hadden asked if there is still
money in the budget to acquire the remaining twenty easements. Mr. Hansen said there is. Council Member King asked if there is a cost
to the City to tie the properties into the sewer main. Mr. Hansen said there is and it is part of
the project cost. Council
Member
King asked for a comparison of the cost to acquire the easement to the appraised
value. Mr. Hansen said an initial offer
is always based on the appraised value. Staff
looks at costs of initiating eminent domain and legal costs in order to arrive
at a maximum offer to the property owner during negotiations. Staff always tries to acquire the easements
at the lowest possible cost.
Council Member Coe asked if those that are being paid
can hookup to the sewer. Mr. Hansen said
properties that are not being tied in to the new system may remain on septic
systems as long as the systems are not a health risk and are operational. Once a septic system becomes inoperable, the
City may require the property owner to tie in to the new system.
Council Member Parry asked if the higher cost for one
of the easements was for property on which the lift station would be
located. Mr. Hansen said both the lift
station and access to the lift station were included in that easement. Mr. Parry asked if the City is buying the
property. Mr. Hansen said it is a
permanent easement on four and a half acres.
Mr. Hansen reviewed the authorization for condemnation
and noted the City had made offers to or had received a rejection of offers from
the remaining property owners.
Negotiations continue even if the City must resort to the use of eminent
domain. He added that the authorization
is the first step and states the City’s intent to acquire the properties. Mr. Hansen emphasized that the City would use
this approach only if all other negotiations are unsuccessful. He noted that time is becoming a factor as
the easements must be acquired for work to begin.
1.
AMENDMENT TO
ENGINEERING SERVICES CONTRACT WITH GEORGE BUTLER ASSOCIATES FOR UPPER RUSH CREEK SANITARY SEWER IMPROVEMENTS PROJECT – ORDINANCE
Document No. 6384 was read. Council Member Hadden moved to waive the
rules and consider the ordinance on first reading. Council Member King 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. 8843.
2.
ACCEPTANCE OF SANITARY
SEWER EASEMENTS FOR UPPER RUSH CREEK SANITARY SEWER IMPROVEMENTS PROJECT –
ORDINANCE
Document No. 6385 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 Phillips 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. 8844.
3.
AUTHORIZATION FOR
CONDEMNATION OF EASEMENTS FOR CONSTRUCTION OF UPPER RUSH CREEK SANITARY SEWER IMPROVEMENTS PROJECT – ORDINANCE
Document No. 6386 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 King seconded
the motion, which carried unanimously.
It was approved by the Chair and is inscribed in Ordinance No. 8845.
E.
GRANTING UTILITY EASEMENT
AT STOCKSDALE PARK BY THE CITY TO AQUILA, INC. – ORDINANCE
A.
PURCHASE OF CITY VEHICLES
1.
PURCHASE OF A
FORD ESCAPE FROM MIDWAY FORD TRUCK CENTER INC. IN THE AMOUNT OF $20,603.00 –
MOTION
Council Member Martin moved to approve the purchase. Council Member Phillips seconded the motion,
which carried unanimously.
2.
PURCHASE OF A
FORD F550 FROM CHUCK ANDERSON FORD IN THE AMOUNT OF $25,285.10 – MOTION
Council Member Coe moved to approve the purchase. Council Member Martin seconded the
motion. Council Member Parker asked if
this vehicle would be mounted for snow.
Parks & Recreation Director Chris Deal said the truck it will
replace is not currently used for that purpose; he noted the vehicle being
purchased is a dump body. The motion
carried unanimously.
B. CITY ADMINISTRATOR RECRUITMENT PROCESS
Mrs.
Gentrup said that with her resignation effective August 12, the City would soon
begin the process for selecting a new city administrator.
She said that a search firm would be selected first and that a small
committee made up of the mayor, council members and staff would solicit
proposals for services. The soonest a
contract with a firm would appear on the Council agenda would be August 8. The search firm will assist in the
development of a profile and will assist Human Resources Director Mary Towse
with the process of identifying candidates.
A start date for the new city
administrator is anticipated to be January 1, 2006.
Mayor
Steinkamp said that Ms. Towse would coordinate the process of selecting a
search firm. The committee comprises the
mayor, Council Member Hadden and Council Member King. He emphasized that this committee would be
identifying a search firm, with which a contract would be considered by the
full Council. This initial process is
not to pick a candidate; the entire Council will have input on the individual
candidates.
Mayor
Steinkamp said that, while they were sorry to see Mrs. Gentrup depart, they
welcomed the opportunity to work with Cynthia Boecker, who would serve as
interim city administrator. She would
have time later to decide whether or not she wanted to be part of the candidate
review process. Ms. Boecker will begin
her duties as interim city administrator on August 13.
Council
Member Hadden said it is unusual to select a firm in less than a month and
asked if a firm is likely to be available in that short amount of time. Mrs. Gentrup said early August is the most
aggressive timetable anticipated. Mayor
Steinkamp said some dates may move toward the end of the year or things may
happen more quickly.
Council
Member King said this is an unexpected expense and asked how the costs
associated with the search would be addressed.
Mayor Steinkamp said that Ms. Towse would keep Council informed of the
expenses associated with the process.
There would be no agreement without Council approval.
Council
Member Phillips said he had confidence in the team that was appointed to handle
the search.
Cecil
O’Dell asked the Council to consider firms closer to Liberty to conduct the search. Mayor Steinkamp said that Ms. Towse has good
experience with this type of process and whoever is selected will be the best
to serve the City’s needs.
XI.
MISCELLANEOUS
MATTERS FROM CITY ADMINISTRATOR
Mrs.
Gentrup said that a Q & A on sewer rates had been prepared for
presentations scheduled with the Chamber of Commerce and the Partnership for
Community Growth and Development. A copy
had been provided to Council.
XII.
MISCELLANEOUS
MATTERS FROM MAYOR AND CITY COUNCIL
Council
Member Phillips said the resident at 116 W. Franklin had contacted him with concerns about the street
lights, work in the right-of-way and backups into her basement.
Council
Member Coe said his neighbor had complained about dogs barking at the Ark Animal Hospital.
Mayor
Steinkamp reminded council members of an executive session that would begin
immediately following adjournment of the regular session.
Mayor
Steinkamp thanked the staff for all the hard work that went into the Boards and
Commissions recognition event on the previous Saturday. He congratulated staff on the well-organized
event.
Mayor
Steinkamp, on behalf of the Council, again said they were sorry to see her
leave but were excited for Mrs. Gentrup in her new endeavor. He again welcomed Ms. Boecker as interim city
administrator.
XIII. ADJOURNMENT
The
meeting adjourned at 8:15 p.m.
__________________________________
Mayor
Attest:
_____________________________________
Deputy
City Clerk