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CITY COUNCIL MEETING

MINUTES

MONDAY, AUGUST 22, 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 August 22, 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 Coni Hadden who then led the pledge of allegiance.

 

III.       ROLL CALL

 

Roll call was answered by Mayor Robert T. Steinkamp; Coni Hadden, Ward I; LeRoy Coe, Ward II; Juarenne Hester and John Parry, Ward III; and Nick King and Bill Parker, Ward IV.  Also in attendance were Cynthia Boecker, Acting City Administrator; Steve Hansen, Public Works Director; Steve Anderson, Planning & Development Director; Craig Knouse, Police Chief; James Simpson, Deputy Police Chief; Chris Deal, Parks & Recreation Director; Gary Birch, Fire Chief; Linda Tyree, Finance Director; Marcella McCoy, Assistant Finance Director; Dee Mizell, 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, and 13 members of the public.

 

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

 

V.        CITIZENS’ PARTICIPATION

 

Mayor Steinkamp welcomed the following scouts from Troop #134, all of whom are working on their citizenship badges:  Alex Creswell (with his father, Alden); Michael Zenk (with his father, Bob); Eric Blanch; Ammon Sarver; Daniel Tervort; Dallin Russell; and Evan Russell.

 

Robyn Hawkins, 1102 S. Jefferson, Kearney, Missouri, expressed concern about an area just outside the business she is trying to open at 2 E. Franklin.  She has purchased the property and was informed that, as the property owner, maintenance is her responsibility.  She has had the area mowed but has not found a way to deal with the smell.  Because there is no pooper scooper law in Liberty and dogs use this area near her shop, there is a stench from dog feces and urine.  She encouraged Council to consider adopting an ordinance requiring pet owners to pick up after their dogs.  She also asked if the Council could offer some assistance for her to replace the area with pavers.

 

VI.       REVIEW OF MEETING SCHEDULE – None.

 

VII.      CONSENT AGENDA

 

A.        MINUTES AND MEETING SUMMARIES FROM PREVIOUS MEETINGS

 

1.         REGULAR SESSION MINUTES OF AUGUST 8, 2005

 

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

 

2.         STUDY SESSION MEETING SUMMARY OF AUGUST 15, 2005

 

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

 

B.         AUTHORIZE EXECUTIVE SESSION TO BE HELD AUGUST 22, 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 Hester moved to authorize the executive session.  Council Member Hadden seconded the motion, which carried unanimously.

 

VIII.     PUBLIC HEARINGS

 

A.                 *ESTABLISH 2005 PROPERTY TAX LEVY – ORDINANCE

 

Ms. Boecker noted that the property tax levy must be established by September 1.  Financial Analyst Dee Mizell stated the 2005 property tax levy supports the 2006 budget and is based on state formulas and the Hancock amendment.  She noted the levy proposed is a decrease from 2004.  The assessment year begins the first week in October and as the assessed value increases the property tax levy goes down.

 

Ms. Mizell stated the levy is made up of $0.8225 for the General Fund and $0.1451 for the Parks Fund.  The projected revenue from this levy is $4,145,678.  There is an increase in real estate tax revenues due to new construction.  Business property tax revenues are projected to increase due to new businesses and existing businesses adding to their taxable property.  The railroad tax has decreased.

 

Ms. Mizell stated that establishing this property tax levy provides for funding of the 2006 budget.  Because the levy must be established and filed with the county by September 1, staff recommends approval on first reading.

 

Council Member King stated he appreciated the information provided by staff which clarified the projections as being from a year ago.  He added that the levy is set in August before the budget starting in January and this represents a 3.6% increase in projected revenues.

 

Council Member Hester asked if the property assessments are done by the City.  Ms. Mizell said that state law requires the city to use the assessment values determined by the county.

 

Council Member King said it is his understanding that owners of property constructed after the last assessment would be charged at the rate of the adopted 2005 property tax levy.

 

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

 

Document No. 6409 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 King 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. 8866.

 

IX.       ORDINANCES, CONTRACTS AND RESOLUTIONS

 

A.                 ACKNOWLEDGEMENT OF VENDOR PAYMENTS FROM AUGUST 5, 2005 THROUGH AUGUST 19, 2005 – ORDINANCE

 

Document No. 6410 was read.  Council Member Hadden moved to approve the ordinance.  Council Member Parker seconded the motion.

 

Vote on the motion was as follows:  Council Member Hester – 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. 8867.

 

B.                 *ISSUANCE OF SEWER SYSTEM REVENUE BONDS – ORDINANCE (SECOND READING)

 

Ms. Boecker stated the bond issuance is on second reading and bonds were issued last week contingent on Council approval.  Assistant Finance Director Marcella McCoy reviewed the bonds, brought forward for issuance after voters approved $9.4 million in sewer revenue bonds to complete the Upper Rush Creek sewer improvements project and to begin an inflow and infiltration prevention program.

 

Ms. McCoy stated the City has been approved for state revolving funds to provide $6.2 million for construction costs of the Upper Rush Creek project.  The bonds, in the amount of $3.2 million, will provide funds for the Upper Rush Creek project, implementation of an inflow and infiltration prevention program and repayment of the loan from the Missouri Development Finance Board.  The remaining $3 million will be used to refund the existing bonds issued in 1995 for the Town and Cates branch sewer basin improvements.  This will provide a lower interest rate and allow the bonds to be paid off a year earlier, in 2014.  Ms. McCoy noted the bonds have maturity dates ranging from February 1, 2006 to February 1, 2025 with interest rates from 3% to 4.2%.  Standard & Poor’s underlying rating of “A” is good for the City’s sewer fund.

 

Document No. 6391 was read.  Council Member Hester moved to approve the ordinance.  Council Member Parker seconded the motion, which carried unanimously and is inscribed in Ordinance No. 8868.

 

C.                 AGREEMENT WITH THE PAR GROUP IN AN AMOUNT NOT TO EXCEED $19,000 FOR CITY ADMINISTRATOR SEARCH – ORDINANCE (SECOND READING)

 

Mayor Steinkamp stated this contract is on second reading and will provide executive search services for retention of a city administrator.  He identified members of the committee (Human Resources Director Mary Towse, Council Member King, Council Member Hadden and himself) and recapped the process it had gone through to identify and recommend The PAR Group.

 

Council Member Parry asked if this will pay for a candidate flying in for an interview.   Mayor Steinkamp said a portion of the $19,000 is for expenses.

 

Council Member Parker said he would first like the City to conduct a search of its own in the metropolitan area and place ads in appropriate trade journals.  He said the human resources director had been hired to help the City with local recruiting.  Mr. Parker emphasized that, before spending taxpayers money for a national search, the City should see what’s available locally.  He said for that reason, he would oppose approving this contract.

 

Council Member King said he appreciated Council Member Parker’s position but was in favor of hiring a search firm because he believed it protected local people.  He said, if a search is conducted locally, those applying at that time might be rejected when looking nationally.  Conducting a national search from the start ensures that any local candidate hired is the best choice.

 

Council Member Hadden said all the firms considered have good credentials.  Hiring a search firm allows the City to be objective and to conduct the search using a broad base.  Mrs. Hadden said she would vote to approve the agreement in order for Liberty to identify the best candidates and to ensure its selection of a city administrator is the right one.

 

Council Member Hester stated a search firm can help clarify what the City’s needs are, taking their services beyond identification of candidates.

 

Council Member Coe said the City had used search firms on two occasions and neither person was still with the City.  He noted that Patty Gentrup was hired as city administrator and had served well in that position, having been hired without the expense of a search firm.  He asked what the City would do if the wrong decision was again made after using a search firm.  He expressed concern about the possibility of additional expense.  He stated he would vote in opposition to the contract.

 

Document No. 6407 was read.  Council Member Hadden moved to approve the ordinance.  Council Member King seconded the motion.  Mayor Steinkamp said he believes Liberty deserves the best and that can be accomplished by looking at candidates locally, regionally and nationally.  He said, while $19,000 is a significant sum, it is a small price to pay for the cream of the crop.  He added this is the right way to approach this issue.

 

The motion carried 4-2-0.  Council Member Parker and Council Member Coe voted in opposition; it was approved by the Chair and is inscribed in Ordinance No. 8869.

 

Mayor Steinkamp said he was sure the entire Council would work toward the goal of hiring the best individual for the position.

 

D.                 TEMPORARY LIQUOR LICENSE FOR BEER GARDEN AT CLAYVIEW COUNTRY CLUB DURING FALL FESTIVAL – RESOLUTION

 

Ms. Boecker stated this is a request by the Liberty Area Chamber of Commerce for a beer garden at the Clayview Country Club on September 23 and 24, during Fall Festival.  Council Member King asked if those entering the beer garden must be 21.  Chamber President Gayle Potter stated that they must be at least 21 years old and that the Chamber works with North Kansas City Beverages to make sure all staff working in the beer garden know how to check for identification and that they work comply with all state statutes and city ordinances.

 

Council Member Parker said this was the third year for the event and no problems had been reported.

 

Council Member Hester moved to approve the resolution.  Council Member Hadden seconded the motion, which carried 5-1-0.  Council Member King voted in opposition.  The resolution is inscribed in Resolution No. 2226.

 

E.                  ACCEPTANCE OF SANITARY SEWER EASEMENTS – UPPER RUSH CREEK SEWERAGE IMPROVEMENTS PROJECT – ORDINANCE

 

Council Member Hester asked for a review of what goes into determining the cost for obtaining an easement.  Public Works Director Steve Hansen said it depends on the amount of property that is affected.  He added that farmland has a different value than commercial or residential property.  He stated that easements are acquired at no cost, where possible.  If that offer is rejected, then a certified appraiser provides an appraised value and that forms the basis of the initial offer.  Prior to filing an eminent domain petition, staff again looks at the appraised value including legal costs associated with condemnation.  This information is then used in negotiations and in determining whether eminent domain should be pursued.  The factors for each easement vary, so they can’t be easily compared from one to another.

 

Document No. 6411 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 Hester 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. 8872.

 

F.                  ACCEPTANCE OF SANITARY SEWER EASEMENTS – HEARTLAND MEADOWS INDUSTRIAL PARK – ORDINANCE

 

Document No. 6412 was read.  Council Member Coe moved to waive the rules and consider the ordinance on first reading.  Council Member Hadden seconded the motion, which carried unanimously.

 

Council Member King 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. 8873.

 

G.                 AGREEMENT FOR POLICE & FIRE DRY CLEANING SERVICES – ORDINANCE

 

Ms. Boecker pointed out the comparison of cleaners in the example should have read $135 and $200 instead of $13.50 and $20.00, but the result was the same for purposes of identifying Mayfair Cleaners as having the lowest and best bid.

 

Council Member Parry asked how much of the expense was for police compared to fire.  Deputy Police Chief Simpson said $7,100 is for police and the jail with $2,100 being for fire.

 

Council Member Hadden asked what costs there were for the jail, since prisoners are housed at the county detention center now.  Deputy Chief Simpson said there are still prisoners housed in the police facility up to twenty hours and even though the costs have decreased for these services, there are still some.

 

Deputy Chief Simpson noted this is a two-year contract with a possible extension for an additional year.  Council Member Parry asked what notice would have to be given.  Deputy Chief Simpson said one week’s notice would be sufficient.

 

Document No. 6413 was read.  Council Member King moved to waive the rules and consider the ordinance on first reading.  Council Member Coe seconded the motion, which carried unanimously.

 

Council Member Hester 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. 8874.

 

X.         OTHER BUSINESS – None.

XI.               MISCELLANEOUS MATTERS FROM CITY ADMINISTRATOR

 

Ms. Boecker noted Monday, August 29 is a fifth Monday, so no meeting is scheduled.  Monday, September 5 is a holiday and there is no study session on September 6, so the next meeting of Council will be Monday, September 12.  Mayor Steinkamp asked if there would be a packet delivered next Friday.  Ms. Boecker said one was planned, but the executive secretary would call Council if that changed.

 

XII.            MISCELLANEOUS MATTERS FROM MAYOR AND CITY COUNCIL

 

Council Member Hester asked about the removal of the right turn on red at the school.  Police Chief Craig Knouse said it was a school crossing and allowing right turn on red was the safest way for pedestrians in that area.  Ms. Boecker said all the temporary changes regarding right turn on red were related to traffic near schools.

 

Council Member Parry asked about police presence at Doniphan School for school traffic.  Chief Knouse said it is more important to monitor traffic near schools now, with more children walking and riding their bicycles.  Mr. Parry said he was concerned about the crossing guards with so many children.  Chief Knouse said officers spend time at each elementary school and meet with school officials when issues are identified.

 

Mr. Parry asked about the law enforcement officers at the school.  Chief Knouse said the school resources officers are part of a cooperative agreement between the City and the Liberty School District.  Deputy Chief Simpson said there are also highway patrol officers who carry weapons and serve as security at the schools, but they are not part of the City program with the School District.

 

Council Member King asked if a new machine that bevels sidewalks to remove edges could be used to address the issue on Wildbriar.  Mr. Hansen said he has seen ads for that equipment but has not seen it in action.  He said the Wildbriar issue is with the manhole.  He added that grinding down the sidewalk might cause its integrity to be lost.

 

Council Member Parker asked if there are adequate sidewalks on Liberty Drive.  Council Member Parry said there are not and the school has opted to bus the children to the middle school and junior high school for now.

 

Mayor Steinkamp encouraged council members to attend the meeting with the Partnership for Community Growth and Development on September 8, 2005, which would provide information on Tax Increment Financing.  Ms. Boecker said a reminder was in Council packets and those planning to attend could contact Janet Pittman in Administration.  The meeting begins at 7:30 a.m. at the School District Administration offices at 650 Conistor.

 

XIII.     ADJOURNMENT

 

The meeting adjourned at 7:48 p.m.

 

 

                                                                                    __________________________________

Mayor

Attest:

 

 

_____________________________________

Deputy City Clerk