CITY COUNCIL MEETING

MINUTES

MONDAY, DECEMBER 12, 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 December 12, 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 LeRoy Coe who then led the pledge of allegiance.

 

III.       ROLL CALL

 

Roll call was answered by Mayor Robert T. Steinkamp; Coni Hadden and Harold Phillips, Ward I; LeRoy Coe and Anna Marie Martin, 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; Craig Knouse, Police Chief; Gary Birch, Fire Chief; Mike Snider, Deputy Fire Chief; Chris Deal, Parks & Recreation Director; Linda Tyree, Finance Director; Kathy Goode, Assistant Finance Director; Marcella McCoy, Assistant Finance Director; Diana Adams, Financial Analyst; Dee Mizell, Financial Analyst; Steve Anderson, Planning & Development Director; Val Drogt, Assistant Director of Planning & Development; Mary Towse, Human Resources Director; Tony Sage, Information Services Manager; Sara Cooke, Public Relations Coordinator; Lyndsay Johnson, Management Assistant; Jane Sharon, Deputy City Clerk; Tanya Fogg Young, The Kansas City Star; Sheri Baker-Rickman, Liberty Sun News; and 10 members of the public.

 

IV.       APPROVE MINUTES AND SUMMARIES

 

A.        REGULAR SESSION MINUTES OF NOVEMBER 28, 2005

 

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

 

V.        CITIZENS’ PARTICIPATION

 

A.                 RESOLUTION OF APPRECIATION TO NEIL BATTRUM – RESOLUTION

 

Mayor Steinkamp read a resolution of appreciation for Neil Battrum’s work in coordinating the volunteer effort and putting up holiday lights around the Square.  Council Member Hadden moved to approve the resolution.  Council Member Parker seconded the motion, which carried unanimously and is inscribed in Resolution No. 2236.

 

Finance Director and Soroptimist Member Linda Tyree presented a check to the mayor from the Soroptimists for the Community Christmas Tree.  Mayor Steinkamp thanked the organization for its contribution.

 

VI.       MEETING SCHEDULE

 

VII.      CONSENT AGENDA

 

A.                 APPOINTMENTS

 

Board of Appeals

            Reappoint Bob Pence to a term expiring 12-30-10.

 

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

 

B.         AUTHORIZE EXECUTIVE SESSION TO BE HELD DECEMBER 12, 2005 IN THE COUNCIL CONFERENCE ROOM IMMEDIATELY FOLLOWING THE REGULAR SESSION TO DISCUSS LITIGATION MATTERS AS AUTHORIZED BY SECTION 610.021(1) RSMo AND CONTRACT NEGOTIATIONS AS AUTHORIZED BY SECTION 610.021(12) – MOTION

 

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

 

VIII.     PUBLIC HEARINGS

 

IX.       ORDINANCES, CONTRACTS AND RESOLUTIONS

 

A.        ACKNOWLEDGEMENT OF VENDOR PAYMENTS FROM NOVEMBER 23, 2005 THROUGH DECEMBER 9, 2005 – ORDINANCE

 

Document No. 6447 was read.  Council Member Hadden moved to approve the ordinance.  Council Member King seconded the motion.

 

Council Member Martin asked about an expense for a washing machine part in the Fire Department.  Fire Chief Gary Birch stated it was for a motor to a commercial washing machine at Station #2 and labor would be provided by the Fire Department staff.

 

Vote on the motion was as follows:  Council Member Phillips – yes; Council Member Martin – yes; 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. 8906.

 

B.         *ADOPTION OF 2006 BUDGET – ORDINANCE (FIRST READING)

 

Acting City Administrator Cynthia Boecker stated the budget preparation process commenced mid-year with Council review of financial forecasts.  Council direction from budget study sessions is incorporated into the plan proposed for Council consideration.  She noted that two amounts had been corrected where numbers had been transposed and corrected ordinances were provided to Council.

 

Ms. Tyree thanked staff who had worked diligently to produce the proposed budget document and thanked the Council for its guidance during this collaborative process.  She stated this is again a maintenance budget for 2006, as it has been for the last several years.  No new staff is added in this budget nor will there be any reduction in the quality of services provided.

 

Ms. Tyree noted anticipated expenditures of $37.5 million.  She stated the budget is supported by $35.9 million in revenues with utilization of $2.1 million in fund balances and transfers.  Ms. Tyree noted the transfers are noted in the narrative, but not shown in the numbers because transfers in equal transfers out as funds are moved from one fund to another.  She stated the capital plan budget includes proposed expenditures of $2.7 million and will be considered by Council at the December 19 meeting.

 

With respect to user fees, Ms. Tyree stated that Council had directed the budget include an increase in ambulance fees only.  Trash and recycling rates will increase 5%, based on voter-approval and agreements with vendors.  Sewer rates will change in January 2006, June 2006 and January 2007, to address the proportionality requirement for the City’s receipt of the State Revolving Funds, subject to EPA regulations.

 

Ms. Tyree stated that, at Council’s direction, the recommendations from the 2005 Pay & Classification Study are also incorporated into the 2006 budget along with a 3.75% compensation pool.

 

Ms. Tyree noted that questions had been raised about the debt service section, which shows the amortization and debt for each fund.  She added that the City’s bond fund representative, Piper Jaffray, responded to questions about bond interest by saying the bond interest is based on the coupon rate of each bond, not the yield at which bonds are sold.  Coupon rates have different maturity dates, which is why there are fluctuating rates.  These vary, based on how long the bond owner will be holding the investment, the rates in effect when the bonds are sold and the level of premium or discount offered by the sellers.  More information can be provided upon Council request as there are many variables that affect bond interest.

 

Ms. Tyree stated that a commissioner from the Liberty special road district had attended a Clay County Commission meeting, at which a commissioner from the Gladstone Road District spoke and requested the County reinstate road funds to previously approved levels.  While no decision was made at that meeting, it is hoped that the issue of funds for road improvements will be resolved and funding reinstated in 2006.

 

Council Member King asked for clarification of expenditures noted on Page 9-20 to be held over from 2005.  Ms. Tyree stated these funds were budgeted in 2005 and, if not spent by the end of the year, will be encumbered for 2006.  These funds are retained as needed.  Ms. Boecker clarified that the specific funds are $180,000 and $125,000 for land acquisition and construction of Fire Station #4, discussion of which will be included in the Council financial summit.  The funds are from the quarter-cent fire sales tax revenues.  Mr. King thanked staff for responding to his many questions about the budget.

 

Council Member Parker stated he had discussed the need for additional funds for Council travel to conferences.  Ms. Boecker stated that Mr. Parker had expressed concern that the budget included only $10,000 for Council travel.  This amount is budgeted for two council members to attend each of the two MML meetings in Missouri next year; two council members to attend the NLC Congressional Cities Conference and the NLC annual conference; and one council member to attend the International Shopping Center Conference.  She added that the budget was developed with $40,000 for KCATA Liberty Express bus service and the actual amount of the recently received contract is under $33,000.  The $7,000 savings could be moved from KCATA to Council travel if Council directed staff to do so.  Mr. Parker stated he believes the increase in the Council travel is needed because there are many new Council members.  If it is not used, it could be moved to another category.

 

Council Member Coe asked how the revenue is determined for the cemetery fund.  Ms. Tyree stated the amount was overestimated in 2005.  Fees for spaces, openings and closings were increased in 2005 and the 2006 estimate is based on history, which includes the number of openings and closings for the previous year.  Mr. Coe asked for clarification that $41,000 is to be spent on maintenance.  Ms. Tyree stated that is what is in the proposed budget for cemetery maintenance.  Mr. Coe asked that any available funds above mowing costs be put toward stone repair.  Ms. Tyree stated that could be considered, though Ms. Boecker stated that the repairs needed are extensive and $19,000 wouldn’t provide for much work to be done.

 

Council Member King referenced the purchase of the new pumper in the 2006 budget and stated that the new fire station will have expenses for staffing and additional equipment, in excess of $2 million.  He moved to delay the purchase of a new pumper truck until it could be reviewed in the financial summit.  Council Member Parry seconded the motion.  Chief Birch stated that the existing truck is 16 years old and does not have the necessary equipment that is needed today.  To respond to fire calls, this truck must be staffed and in a ready state.  He added that it takes between nine and 12 months to build a truck after an order is placed.  If the purchase is delayed, it would mean operating an 18 to 19 year-old truck.  The purchase is already behind the original schedule by one or two years.  Council Member Martin asked if the existing pumper would be sold or traded in to offset some of the expense of a new truck.  Chief Birch stated that there is currently no market for used trucks, but an effort would be made to get some trade-in value from bidders.  Council Member Parker asked when payment is due for a new truck.  Chief Birch stated payment is made upon delivery.

 

Mayor Steinkamp asked for clarification of the timeline for the truck purchase and the summit.  Ms. Boecker stated if the pumper truck purchase is included in the budget, the bid specification would go out as soon as possible, though the purchase would not be made until completion of vehicle assembly, possibly in 2007.  The summit is being planned for Spring 2006.  Mayor Steinkamp asked if a separate ordinance would be considered by Council for the purchase.  Ms. Boecker stated a contract for purchase of a new pumper truck would require separate Council consideration.  Mayor Steinkamp clarified that the allocation could be included in the budget and a decision on the truck purchase could be delayed until after the summit.  Ms. Boecker stated that was possible.

 

Council Member Hester asked for clarification of Chief Birch’s earlier comments, that new apparatus is needed whether Station #4 is built or not and another one will be required with the addition of another fire station.  Chief Birch said that was correct because redundancy is required in the system and delays usually mean the cost will be higher.  He stated that there are personnel needs but equipment is also necessary to provide adequate services.

 

Council Member Parker asked if the bid process could commence and bidders identified so that would be done before the summit.  Chief Birch stated that the specifications are being developed now and a contract would then be available for Council to review.

 

Council Member Parry asked when the price is locked in.  Chief Birch stated that some bidders will state that the bid is good for a set period of time, such as 90 days, however, most manufacturers are flexible.  Mr. Parry asked how many companies make fire trucks.  Chief Birch stated there are about 10 vendors, and bids would be sent to five or so.  Council Member Hadden asked if there are a set number of days to accept bids.  Chief Birch said there is.

 

Council Member King stated it was important to have the summit first to review the needs and actions required for a fourth fire station before purchasing a new pumper truck.  Mayor Steinkamp asked for clarification of the motion from Council Member King, noting that if the motion was to merely delay the pumper truck purchase until after the summit, he would rule the motion out of order.  Mr. King stated that had been the intent of his motion.  Mayor Steinkamp ruled the motion out of order, because it did not recommend an amendment to the budget by removing the truck purchase, but only addressed the timing of the purchase.

 

Council Member Parry asked for clarification of what items in the capital budget could be spent without further Council approval.  Ms. Boecker stated that the City’s purchasing policy allowed purchases under $20,000 without additional Council approval.  The remaining expenditures would come to Council for approval.

 

Ms. Boecker asked for Council direction regarding the shifting of funds from KCATA to Council travel.  Council Member Hester asked if the funds could be moved mid-year, if needed.  Ms. Boecker said they could be used elsewhere if not needed for the bus service.  Council Member Phillips stated that he appreciated Council Member Parker’s interest in making funds available for council members to attend conferences and other educational opportunities for elected officials.  He added it is his understanding that if the funds available for Council travel are not used, Mr. Parker’s point is moot.  Council Member Parker stated it is a good idea to make funds available, especially with the new council members, and asked that his request for additional funds to be allocated for Council travel be included in the record of this meeting.

 

Council Member Parry stated he had not had as much time as he needed to review the budget materials and asked what would happen if issues are raised following this meeting.  Ms. Boecker stated the budget would go to second reading on December 19 and, if not approved at that meeting, an additional session would have to be scheduled before the end of the year to incorporate any amendments approved to what was presented tonight.  Council Member Martin clarified that the Council has reviewed 2006 budget materials in several study sessions since August and it is important to note this is not the first time these materials have been provided to Council and that the budget was produced based on Council direction.  Ms. Boecker noted there will be several 2006 budget-expenditure items on the December 19 agenda.

 

Document No. 6448 was read.  Mayor Steinkamp stated the 2006 budget would be considered by Council on second reading at the December 19 special session.

 

C.         *LIBERTY TRIANGLE

 

TIF Counsel Chris Williams reviewed the two items related to redevelopment in the Liberty Triangle.  He stated the first item proposes an amendment to the redevelopment plan, which was first approved in 2002 with projects A-H.  Project A is Lowe’s Home Improvement Center.  A year ago, Project C was split into three parts with C-1 being the Gateway Office Building.  C-2 and C-3 are not redeveloped yet.  The process of activating projects is to maximize the capture of TIF funds and pay off the TIF off faster.  Project B includes the Clay County Health Center property east to the extension of Blue Jay Drive.  B-1 is the Health Center site only and B-2 comprises the rest of existing Project B.  The Health Center is not yet ready to be activated.  The rest of the property is ready to activate.  He noted that B-2 and D are both proposed for activation because a small portion of the redevelopment in B-2 crosses over into D.

 

Mr. Williams stated activation of projects sets the base year for capturing TIF monies and, if approved before the end of 2005, the TIF for projects B-2 and D would capture sales tax above the 2004 valuation.  This allows the TIF to be paid off faster so that taxing jurisdictions can benefit from all tax revenues generated by the redevelopment of the site.  Mr. Williams stated the Tax Increment Financing Commission met on November 15, 2005 to consider both the amendment to the redevelopment plan and the activation of Projects B-2 and D and recommended approval of both.

 

1.         TAX INCREMENT FINANCING (TIF)

 

a.         SECOND AMENDMENT TO REDEVELOPMENT PLAN – ORDINANCE

 

Document No. 6449 was read.  Council Member Hadden moved to waive the rules and consider the ordinance on first reading.  Council Member Parker seconded the motion, which carried unanimously.

 

Council Member Martin 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. 8907.

 

b.         ACTIVATION OF PROJECTS B-2 AND D – ORDINANCE

 

Document No. 6450 was read.  Council Member Martin moved to waive the rules and consider the ordinance on first reading.  Council Member Hester seconded the motion, which carried unanimously.

 

Council Member Coe 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. 8908.

 

2.         RELOCATION AGREEMENT WITH CLAY COUNTY HEALTH CENTER – ORDINANCE

 

Public Works Director Steve Hansen stated that efforts have been underway for several months to facilitate the relocation of the Clay County Health Center to a site in Liberty.  This will allow the current site in the Liberty Triangle to be redeveloped for commercial use, while enabling the Health Center to better serve the public with expanded operations.  Mr. Hansen stated that the terms negotiated thus far include the City providing relocation funding assistance in the amount of $1.85 million, which would be provided through the issuance of bonds, notes or a loan to be repaid by TIF and other revenues generated from the redevelopment project area.  In order for the funding assistance to be provided by the City, the Health Center would enter into a real estate contract with LTD Enterprises and close on the sale of the existing site to LTD Enterprises.  The Health Center would also enter into a binding agreement to acquire property at another location in the Liberty city limits and to construct a new facility.

 

Mr. Hansen stated that the relocation assistance would not be needed for at least a year to 18 months.  Repayment of the funds would utilize TIF revenues from the incremental annual property tax increment and the economic activity taxes as well as the remaining portion of the City’s general sales tax increment generated in the redevelopment project area, sometimes called a Super TIF.  Some taxes would still be collected for their specified purposes.  A 1% Community Improvement District (CID) is also anticipated to be imposed over the entire redevelopment area to help repay the City’s obligations.  It is anticipated that the City’s annual obligation to pay debt service associated with this proposal would be approximately $170,000 over 23 years.

 

Mr. Hansen stated that the Health Center board reviewed the proposed agreement last Thursday and, depending on Council action, that board would call a special meeting to consider approving this agreement as well as an agreement with LTD Enterprises.

 

Council Member Hester asked how the $1.85 million was determined.  Mr. Hansen stated the Health Center project would cost $6.5 million, some of which would be recovered through the sale of the property to LTD Enterprises.  A different method of calculation was used initially, but the $1.85 million is the difference when applying all the TIF revenues and is generally the same using either calculation method, dependent only on how the funds are repaid.  Mrs. Hester asked what the County’s share is expected to be.  Mr. Hansen said it could be about $3 million, but the amount would be based on the actual final costs.  Mrs. Hester asked for clarification that the Health Center construct a new facility in Liberty.  Mr. Hansen stated that is a requirement in the agreement.  Mrs. Hester asked if the TIF would be captured for the entire redevelopment area.  Mr. Hansen said it would be for Project B-1 only, but a CID is being considered that might add other redevelopment areas in the Triangle.  He stated this lets pad sites be developed and allows the City to remain competitive with developments west of I-35.

 

Council Member Hester asked for clarification that the sales taxes for fire, parks and Liberty 2010 are protected from the TIF capture.  Ms. Boecker stated it would only be the general sales tax that is affected.  Mr. Williams stated the TIF revenues are from 50% of the incremental increase is for all sales taxes.  Mr. Hansen added that no tax is currently being collected on the Health Center site and there will be a nominal return to the City upon the redevelopment, with all taxing jurisdictions ultimately benefiting.

 

Council Member Parry asked if the CID would apply only to new businesses.  Mr. Hansen stated it would be for all the new pad sites as it is proposed now.  There is a possibility that the proposal may be modified to include the entire redevelopment area.  Lowe’s and other established businesses in the Triangle could choose to participate but would not be required to do so.  Mayor Steinkamp clarified that the CID currently being considered only addresses the B-1 site.  Mr. Hansen said that was correct.

 

Council Member Parry asked why the Health Center was being required to stay in Liberty.  Mr. Hansen stated it was determined City funds not be allocated for a project outside the city limits.  Council Member King asked if the new Health Center would contribute general sales taxes or property taxes.  Mr. Hansen said it would not.  Mr. King suggested that might be a reason to help the Health Center move elsewhere.  Mr. Hansen stated that staff recommended the move be to a location within Liberty in order for the City to provide relocation funding assistance.

 

Document No. 6451 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 Coe moved to approve the ordinance.  Council Member Hadden seconded the motion.  Mayor Steinkamp thanked the staff and team that had produced this proposal.  He stated it is a win-win for the Health Center and the Liberty Triangle redevelopment effort.  He added the Health Center property will change the outlook of the Liberty Triangle so that taxes are being produced.  The motion carried unanimously; it was approved by the Chair and is inscribed in Ordinance No. 8909.

 

D.                 ACCEPTANCE OF EASEMENTS PERTAINING TO FORMER GUY’S PLANT SITE DEVELOPMENT, 405 S. LEONARD – ORDINANCE

 

Document No. 6452 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 Coe seconded the motion, which carried unanimously.  It was approved by the Chair and is inscribed in Ordinance No. 8910.

 

E.                  LIBERTY INDUSTRIAL PARK

 

1.         ACCEPTANCE OF STORM DETENTION FACILITY EASEMENT, LOT 1, TRACT I – ORDINANCE

 

Document No. 6453 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 Martin 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. 8911.

 

2.         ACCEPTANCE OF STORM DETENTION FACILITY EASEMENT, LOT 2, TRACT I – ORDINANCE

 

Document No. 6454 was read.  Council Member King moved to waive the rules and consider the ordinance on first reading.  Council Member Martin seconded the motion, which carried unanimously.

 

Council Member Hester 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. 8912.

 

F.         SOUTH LIBERTY PARKWAY STREET LIGHTING

 

1.         AMENDMENT TO CONTRACT WITH AMINO BROTHERS INC. FOR THE CONSTRUCTION OF THE SOUTH LIBERTY PARKWAY PROJECT IN THE AMOUNT OF $67,082.40 – ORDINANCE

 

Document No. 6455 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.  Council Member King asked if this was about the last change order for this project.  Mr. Hansen stated there could be another when the final quantities of construction materials utilized are known.  This expense was not anticipated in the original contract and will leave very little contingency money.  Council Member Parry asked what this covers.  Mr. Hansen said it is for the conduit and transformer.

 

Council Member Hester asked why this action requires an ordinance and the next one is a motion.  Ms. Boecker stated this action is amending a contract, which was approved by ordinance.  The second is approving the payment for an expense.  Council Member Parry asked if the City will own the poles being installed.  Mr. Hansen said it would lease them, just as it does with Aquila and that cost is included in the funds for street lighting.  Council Member Parry asked if this is the only option.  Mr. Hansen said it is, short of not adding the lights at all.

The motion carried unanimously; it was approved by the Chair and is inscribed in Ordinance No. 8913.

 

2.         AUTHORIZATION FOR STREETLIGHTING – KANSAS CITY POWER & LIGHT - MOTION

 

Council Member Hadden moved to approve the motion.  Council Member Martin seconded the motion.  Council Member Martin asked if the $72,000 is a one-time payment.  Mr. Hansen said it is.  The motion carried unanimously.

 

X.         OTHER BUSINESS

 

A.        ADOPTION OF 2006 LEGISLATIVE PROGRAM – MOTION

 

Ms. Boecker stated that in November the Council reviewed the proposed legislative program in a study session.  Council direction from that meeting was incorporated into the proposed program.  Once approved, the program will be sent to the City’s federal and state legislators and meetings to discuss the program will be scheduled during the MML and NLC meetings.

 

Council Member Martin moved to approve the 2006 legislative program as proposed.  Council Member Hadden seconded the motion.

 

Council Member King stated he would like to offer some amendments.  He stated that, while he greatly appreciates the work of the Missouri Municipal League, he believes this legislative program should be Liberty’s.  Council Member King moved to amend the motion to remove references to MML along with making any necessary grammatical changes.  Council Member Parry seconded the motion.

 

Council Member Phillips stated that MML is a larger group that works with the City toward common goals and that is why it is referenced in the program.  Ms. Boecker stated that is also true for the references to the Mid-America Regional Council (MARC).  Council Member Hester stated these groups have lobbyists and Liberty does not.  Council Member King stated that if this document is sent to Jefferson City, the City’s representatives would give it the same weight with or without the MML references.  He stated the program should be Liberty’s.  Council Member Phillips suggested Liberty’s program can help MML in other settings beyond Liberty.

 

Council Member Hadden reviewed the process by which MML arrives at its legislative program.  She stated that a committee made up of 30 or 35 elected officials, city administrators, finance directors, city attorneys and city clerks from across the state review the entire program and change it to address each year’s circumstances.  The proposal is then adopted by a vote of the membership at MML’s annual meeting.  It is not something that the body does in a vacuum.  Input is received from all MML member cities.  A similar process is used to develop MARC’s legislative priorities for the region.

 

Council Member King reiterated his concern that this program be that of the City of Liberty.  Mayor Steinkamp asked for clarification that MML has already expressed support for those issues where it is referenced in the program.  Ms. Boecker stated that is correct.  Mayor Steinkamp stated that including the references to MML and MARC then notes that the City’s position is consistent with pre-stated positions of those two groups.

 

Fay Bedinger, 232 West Franklin, stated that the government shouldn’t dictate what Liberty needs to do.  She stated she also disagrees with the TIF and other issues related to eminent domain.

 

The motion to amend the main motion failed, 2-6-0.  Council Members Phillips, Martin, Hester, Parker, Hadden and Coe voted in opposition.

Council Member King referenced the section of the legislative program on fringe development and stated that, other than being a good neighbor, the City should exert no influence over development outside the city limits.  He moved that the paragraph in the legislative program on fringe development be deleted in its entirety.  Council Member Parry seconded the motion.  Council Member Martin stated that the staff had provided information on the importance of including fringe development in the legislative program and she agrees it is very important.  Mayor Steinkamp stated that this had been discussed at length at the study session.  The motion to amend the main motion failed 3-5-0.  Council Members Phillips, Martin, Hester, Parker and Hadden voted in opposition.

 

Council Member King stated the section pertaining to eminent domain is vague and he believes there is not a majority interest in eminent domain within the community as stated in the legislative program.  There was discussion about the wording and the City’s position, after which Council Member King moved to revise the paragraph in the section subtitled, “Acquisition of Land for Economic Development” to read as follows, “It is the position of the City of Liberty that eminent domain is an economic development tool to resolve blight and develop infrastructure.  The City of Liberty supports any law that limits eminent domain to these uses.”  Council Member Parry seconded the motion.

 

Council Member Martin stated the Council had unanimously approved the use of eminent domain in the Liberty Triangle and asked how this change in position might affect development in the Triangle.  Mr. Hansen stated that there is still some land to be acquired and condemnation has already been approved by the Council for use in the Triangle.  State legislation could impose changes in use of eminent domain; this program would have little effect on the Triangle Development.  Mr. Williams added that the Triangle had been declared blighted.  Council Member Parry noted this legislative program is similar to the components of the Comprehensive Plan, in that this program is not law, but a suggestion.  Council Member Parker stated this revised language is sending a message that may tie the City’s hands down the road.  He stated he would vote against the amendment.

 

The motion failed, 3-5-0.  Council Members Phillips, Martin, Hester, Parker and Hadden voted in opposition.

 

The motion to adopt the 2006 legislative program as presented carried, 5-3-0.  Council Members King, Parry and Coe voted in opposition.

 

XI.               MISCELLANEOUS MATTERS FROM CITY ADMINISTRATOR

 

Ms. Boecker noted that the Progress Report would be presented at the Chamber luncheon on December 13 when the mayor presented the state of the City address.

 

XII.            MISCELLANEOUS MATTERS FROM MAYOR AND CITY COUNCIL

 

Council Member Martin commented that the cost of street lighting is very expensive.

 

Council Member Hadden thanked the staff for the Progress Report and said it is a good reminder of all that has been done.  She also noted the D.A.R.E. graduations that will be taking place this week and recommended all council members who were able to attend do so.

 

Council Member Parry asked where the lights authorized this evening would be placed.  Mr. Hansen stated the lights were just for the South Liberty Parkway only.  The final number of lights to be installed can be reported to Council when the design is complete.

 

XIII.     ADJOURNMENT

 

The meeting adjourned to executive session at 8:56 p.m.

 

 

 

                                                                                    __________________________________

Mayor

Attest:

 

 

 

_____________________________________

Deputy City Clerk