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CITY COUNCIL MEETING

MINUTES

MONDAY, JUNE 12, 2006

 

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 12, 2006 with Mayor Robert T. Steinkamp presiding.  Mayor Steinkamp called the meeting to order at 7:02 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; Coni Hadden and Harold Phillips, Ward I; Anna Marie Martin, Ward II; John Parry, Ward III; and Nick King and Bill Parker, Ward IV.  Also in attendance were Curt Wenson, City Administrator; Cynthia Boecker, Assistant City Administrator; Steve Hansen, Public Works Director; Brian Hess, City Engineer; Craig Knouse, Police Chief; Gary Birch, Fire Chief; Linda Tyree, Finance Director; Chris Deal, Parks & Recreation Director; Donna Kay Taylor, Community Center Manager; Dennis Dovel, Sports Complex Manager; Steve Rulo, Parks & Open Space Manager; Steve Anderson, Planning & Development Director; Sara Cooke, Public Relations Coordinator; Tony Sage, Information Services Manager; Janet Pittman, Executive Assistant; Jane Sharon, Deputy City Clerk; Jason Noble, The Kansas City Star; and 9 members of the public.

 

IV.       APPROVE MINUTES AND SUMMARIES

 

A.        REGULAR SESSION MINUTES OF MAY 8, 2006

 

Council Member Martin moved to approve the minutes as distributed.  Council Member Hadden seconded the motion, which carried 5-0-1.  Council Member King abstained due to absence.

 

B.         EXECUTIVE SESSION MINUTES OF MAY 8, 2006

 

Council Member Martin moved to approve the minutes as distributed.  Council Member Phillips seconded the motion, which carried 4-0-2.  Council Member King and Council Member Parry abstained, due to absence.

 

C.         STUDY SESSION MEETING SUMMARY OF MAY 15, 2006

 

Council Member Martin moved to approve the meeting summary as distributed.  Council Member King seconded the motion, which carried 5-0-1.  Council Member Phillips abstained, due to absence.

 

D.        SPECIAL SESSION MINUTES OF MAY 18, 2006

 

Council Member Hadden moved to approve the minutes as distributed.  Council Member King seconded the motion, which carried 5-0-1.  Council Member Phillips abstained, due to absence.

 


E.         STUDY SESSION MEETING SUMMARY OF JUNE 5, 2006

 

Council Member Phillips moved to approve the meeting summary as distributed.  Council Member Hadden seconded the motion, which carried 5-0-1.  Council Member King abstained, due to absence.

 

V.        CITIZENS’ PARTICIPATION

 

            PRESENTATION OF 2005 TRIM GRANT

 

Helene Miller with the Missouri Department of Conservation (MDOC) reviewed the department’s grant program, in which the City has participated.  Most recently, the City received a “TRIM” grant to conduct a tree inventory of street trees in the older part of town.  She noted this planning tool identified 741 trees of 47 different species.  Ms. Miller also noted that TreeLiberty volunteers provided an in-kind contribution to the survey by inventorying planting spots.  She stated this inventory can assist in a maintenance function, by removing dead trees prior to a storm event, which can reduce damage and clean-up.  The total project costs of $13,000 were covered in part by an outlay of $9,060 in grant funds.  Ms. Miller then presented the check for MDOC grant funds to Mayor Steinkamp.  Mayor Steinkamp thanked the Tree Board for its hard work on the project.

 

Mike Jones, 833 Kings Highway, expressed concern about the traffic on 152 Highway in Liberty.  He said he has had several conversations with Steve Hansen and the problem is getting worse.  He asked the City to work with the Missouri Department of Transportation (MoDOT) to improve the timing of the lights on Kansas, particularly around the high school.

 

Don Longfellow, 1224 Downing Street, expressed frustration with trying to navigate 152 Highway.  He asked for information about whether the problem is with MoDOT or with the City and stated the roadway does not leave a good impression of Liberty for visitors.  He asked for the problem to be addressed and resolved.

 

VI.       MEETING SCHEDULE

 

VII.      CONSENT AGENDA

 

A.                 APPOINTMENTS

 

Liberty Community Christmas Tree Advisory Commission

 

Reappoint Steve Haymes to a term expiring 05-01-09.

Reappoint David Chamberlain to a term expiring 05-01-09.

Reappoint Charles Small to a term expiring 05-01-09.

 

Parks & Recreation Board

 

Reappoint Greg Duncan to a term expiring 06-01-09.

Reappoint David Fulk to a term expiring 06-01-09.

 

Council Member Hadden moved to approve the appointments.  Council Member Martin seconded the motion, which carried unanimously.

 

VIII.     PUBLIC HEARINGS

 


IX.       ORDINANCES, CONTRACTS AND RESOLUTIONS

 

A.        ACKNOWLEDGEMENT OF VENDOR PAYMENTS FROM APRIL 28, 2006 THROUGH JUNE 2, 2006 – ORDINANCE

 

Document No. 6530 was read.  Council Member King moved to approve the ordinance.  Council Member Martin seconded the motion.

 

Council Member Martin stated this was the largest volume of vendor payments seen in some time and the staff did a fine job putting it together.

 

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 Parry – yes; Council Member King – yes.  The motion carried unanimously; it was approved by the Chair and inscribed in Ordinance No. 8989.

 

B.         *APPEAL OF HDRC CASE NO. 06-005LS FOR CERTIFICATE OF APPROPRIATENESS FOR A SIGN AT 11 EAST KANSAS – RESOLUTION

 

Mayor Steinkamp stated a request had been received from the applicant to continue consideration of the appeal.  The applicant is continuing to meet with members of Historic Downtown Liberty, Inc. (HDLI) to resolve the sign issue.

 

Council Member King moved to continue consideration of the appeal to the July 10 meeting.  Council Member Hadden seconded the motion, which carried unanimously.

 

C.         AMENDMENT TO LIBERTY ARTS COMMISSION IN THE LIBERTY CODE OF ORDINANCES – ORDINANCE

 

Document No. 6531 was read.  Council Member King 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 Phillips seconded the motion.  Council Member Parry asked for clarification of the number of council members to serve on the committee.  Mayor Steinkamp stated there would only be one.  The motion carried unanimously.  It was approved by the Chair and is inscribed in Ordinance No. 8990.

 

D.                 LIBERTY TRIANGLE DEVELOPMENT

 

1.         AMENDMENT TO AGREEMENT WITH ZIMMER REAL ESTATE SERVICES, LLC/ZIMMER MANAGEMENT COMPANY FOR DEVELOPMENT CONSULTING SERVICES IN THE LIBERTY TRIANGLE – ORDINANCE

 

Document No. 6532 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 Phillips moved to approve the ordinance.  Council Member Martin seconded the motion.  Council Member Parry asked if the City had been working with these consultants for the last three years.  City Administrator Curt Wenson said that was correct.  Public Works Director Steve Hansen stated that the original agreement had expired or was near expiration.  Payment is based on $0.20 per square foot of land plus 1.5 percent commission for property sales.  The Triangle project would have been difficult to handle without the consultants’ assistance.  As most of the property has been acquired, there will be little paid out in the future and expenditures are reimbursed through the Triangle TIF.

 

The motion carried unanimously.  It was approved by the Chair and is inscribed in Ordinance No. 8991.

 

2.         AMENDMENT TO AGREEMENT WITH IRR CORPORATE & PUBLIC FINANCE, LLC, (INTEGRA REALTY RESOURCES) FOR DEVELOPMENT CONSULTING SERVICES IN THE LIBERTY TRIANGLE – ORDINANCE

 

Document No. 6533 was read.  Council Member Phillips 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 Martin seconded the motion, which carried unanimously.  It was approved by the Chair and is inscribed in Ordinance No. 8992.

 

E.                  STREET MAINTENANCE

 

1.         CONTRACT WITH SUPERIOR BOWEN ASPHALT COMPANY LLC IN AN AMOUNT NOT TO EXCEED $588,000 FOR 2006 OVERLAY PROJECT – ORDINANCE

 

Document No. 6534 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 King moved to approve the ordinance.  Council Member Martin seconded the motion.  Council Member Martin stated there were many numbers listed under Financial Considerations and asked how many council members understood them.  She suggested, if the numbers are going to be reported, the Council should be able to understand what they are.  Mr. Wenson stated that additional information could be provided to Council about the numbers.

 

Council Member Parry asked why APAC had not submitted a bid.  Mr. Hansen stated the staff could only speculate as to the reason, which could be that Superior Bowen has always underbid APAC or that APAC is working on a number of projects for the State and could be too busy to take this on at this time.  Mr. Parry asked is the City is required to accept the only bid received.  Mr. Hansen stated the City sent bid packages specifically to APAC and Superior Bowen, but that the request for bid was advertised in the newspaper and with contractor plan distribution centers.  These are the only two contractors known to have their own asphalt plants.  Also, to work for the City, the contractors must not only have an occupation license but must have a performance bond.  Many contractors do not have such a bond.  Mr. Hansen stated that the quality of Superior Bowen’s work is good and the contractor has worked on many City projects.  Mr. Parry asked if the bond is required.  Mr. Hansen stated it and other bonds are statutorily required.

 

Council Member Hadden asked if asphalt prices were also up.  Mr. Hansen stated they were double what they had been two years ago.

 

The motion carried unanimously.  It was approved by the Chair and is inscribed in Ordinance No. 8993.

 

2.         CONTRACT WITH VANCE BROTHERS, INC. IN AN AMOUNT NOT TO EXCEED $21,654.30 FOR 2006 CHIP & SEAL PROJECT – ORDINANCE

 

Document No. 6535 was read.  Council Member King moved to waive the rules and consider the ordinance on first reading.  Council Member Hadden seconded the motion, which carried unanimously.

 

Council Member Martin moved to approve the ordinance.  Council Member King seconded the motion.  Council Member Parry asked for a list of the chip and seal projects under this contract.  Mr. Hansen clarified that the list in the staff report provided to Council contained a complete list of this year’s projects.  The motion carried unanimously.  It was approved by the Chair and is inscribed in Ordinance No. 8994.

 

F.         A HIGHWAY WATER MAIN EXTENSION PROJECT

 

1.         FINAL AMENDMENT TO CONTRACT WITH CLAY COUNTY SANITARY & DITCHING, REDUCING THE CONTRACT BY $1,020 – ORDINANCE

 

Document No. 6536 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.  Council Member Martin stated it was good to see a reduction in cost to a contract for the project.  The motion carried unanimously.  It was approved by the Chair and is inscribed in Ordinance No. 8995.

 

2.         ACCEPTANCE OF PROJECT – RESOLUTION

 

Council Member Hadden moved to approve the resolution.  Council Member Martin seconded the motion, which carried unanimously and is inscribed in Resolution No. 2250.

 

G.         AMENDMENT TO CONTRACT WITH KAT EXCAVATION, INC. PERTAINING TO THE UPPER RUSH CREEK INTERCEPTOR SEWER PROJECT – ORDINANCE

 

Document No. 6537 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 Martin moved to approve the ordinance.  Council Member King seconded the motion.

 


Council Member Parry asked if the City was giving up quality and capacity with the reduced pipe size.  Mr. Hansen stated that only a portion of the gravity main pipe was reduced in size.  Before doing so, staff looked at the design criteria and calculated the flow rate for the pipe size.  In this area, Stocksdale Park and Martha LaFite-Thompson Nature Sanctuary cover 100 acres and could be removed from the pipe capacity calculations.  Mr. Hansen added that the pump station will be eliminated and gravity sewers or a new plant could possibly be added in the next 20 years, so the reduction in size of this small area of pipe was acceptable. 

 

Council Member Phillips asked if pipe could have been reduced in size in other parts of this project.  Mr. Hansen stated the only other larger pipe size is under a drainageway and has a lesser slope which is not conducive to a reduction in pipe size.

 

The motion carried unanimously.  It was approved by the Chair and is inscribed in Ordinance No. 8996.

 

H.        CONTRACT WITH HAINES & ASSOCIATES IN AN AMOUNT NOT TO EXCEED $246,500 FOR SOUTH LIBERTY PARKWAY WATERLINE EXTENSION – ORDINANCE

 

Mr. Hansen reviewed the recent condemnation settlement with the Fergusons, part of which requires the City to extend water mains along the west end of the South Liberty Parkway from Swan Avenue to Plummer Road and along the new section of Flintlock Road near Immacolata Manor.  He noted there is a greater benefit beyond providing water service to this developer as the extension will facilitate development to the east along the South Liberty Parkway corridor.  Mr. Hansen stated that bids were opened May 25 and that the engineer’s estimate was in the middle of the bids received.

 

Mr. Hansen stated the $246,500 project cost is not in the 2006 budget, but an account has been created.  Funds for the project are available by reducing the number of wells to be constructed and with savings from not expanding the garage at the water treatment plant.  This cost will not be borne solely by the City, as a tax increment financing (TIF) district is being considered and a revenue stream created by the development will provide an opportunity for reimbursement of this expense down the road.

 

Council Member Hadden asked about the contractor.  Mr. Hansen stated the contractor had worked on a number of projects in the City and is located off Church Road.  He stated that staff had no concerns about the contractor’s qualifications.

 

Council Member Parry stated that accounts should be cleaned up, if encumbered funds were not going to be used for projects.  Finance Director Linda Tyree stated that encumbered funds not used were returned to the general fund or, in this case, to the utility fund.  Mr. Parry asked for the account number.  Ms. Tyree stated it would be provided to Council.

 

Council Member Phillips asked if there is any way to project when the City might be reimbursed for the project expense.  Mr. Hansen stated it could be two to three years at the earliest.  Mr. Phillips asked for clarification that the projects which would not be done to fund this project are not needed.  Mr. Hansen stated that there is not an immediate need for the additional well and, while it would be good to have the expanded garage, it is of less importance than this project right now.  Mr. Wenson added that reimbursement will be possible when development comes forward after a TIF district is established; but it will take awhile.

 

Document No. 6538 was read.  Council Member King moved to waive the rules and consider the ordinance on first reading.  Council Member Phillips 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. 8997.

 

I.          DISCLAIMING AND ABANDONING OF UTILITY EASEMENT FOR LIBERTY CHRISTIAN FELLOWSHIP CHURCH – ORDINANCE

 

Document No. 6539 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 Phillips 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. 8998.

 

J.          AGREEMENT WITH THE AMERICAN RED CROSS FOR USE OF COMMUNITY CENTER AS EMERGENCY SHELTER – ORDINANCE

 

Document No. 6540 was read.  Council Member Phillips 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 Phillips seconded the motion, which carried unanimously.  It was approved by the Chair and is inscribed in Ordinance No. 8999.

 

X.         OTHER BUSINESS

 

A.                 PROPOSAL FROM CORBIN THEATRE COMPANY PERTAINING TO BOARDS AND COMMISSIONS RECOGNITION EVENT – MOTION

 

Council Member King moved to accept the proposal.  Council Member Martin seconded the motion, which carried unanimously.

 

B.                 PURCHASE OF REPLACEMENT VEHICLE IN THE AMOUNT OF $94,761 FROM DEAN MACHINERY – MOTION

 

Council Member Phillips moved to approve the purchase.  Council Member Martin seconded the motion.  Council Member Parry asked what was happening with the vehicle being replaced.  Mr. Hansen stated it would be traded-in for a credit of $11,000.  Mr. Parry asked if Dean was the only vendor from which the equipment could be purchased.  Mr. Hansen stated CAT dealers will not bid against other CAT dealers and while other brand vendors could have bid, existing attachments will only work with a CAT.  Mr. Parry asked what other brands might cost.  Mr. Hansen stated that another manufacturer’s product might cost less, but all the working attachments would also have to be replaced to fit on the different piece of equipment.

 

Council Member King asked about a buy-back guarantee with this equipment.  Mr. Hansen stated CAT agrees to buy-back the equipment when it is five years old at fifty percent of the original price.  Mr. Hansen said that is another factor that points to the City’s 10 year old equipment being worn out.  The motion carried unanimously.

 


C.         NATIONAL TOURNAMENTS AT FOUNTAIN BLUFF SPORTS COMPLEX

 

1.         PURCHASE OF SOUVENIRS FOR SUPER SERIES IN AN AMOUNT NOT TO EXCEED $35,000 – MOTION

 

Council Member Martin moved to approve the purchase.  Council Member Phillips seconded the motion.  Council Member Parry asked if the City makes money on these tournaments.  Sports Complex Manager Dennis Dovel stated there is a small profit on the Super Series souvenir sales and all events break even or make a profit.  The motion carried unanimously.

 

2.         PURCHASE OF KANSAS CITY ROYALS TICKETS FOR SUPER SERIES TOURNAMENT OPENING CEREMONIES IN AN AMOUNT NOT TO EXCEED $30,000 – MOTION

 

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

 

D.        APPOINTMENTS TO EXPANDED LIBERTY ARTS COMMISSION

 

1.         APPOINT REV. STEVE SMITH TO A TERM EXPIRING 05-15-08 – MOTION

 

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

 

2.         APPOINT COUNCIL MEMBER JUARENNE HESTER TO A TERM EXPIRING 05-15-07 – MOTION

 

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

 

XI.               MISCELLANEOUS MATTERS FROM CITY ADMINISTRATOR

 

Mr. Wenson reviewed upcoming Council meetings in June and July.

 

XII.            MISCELLANEOUS MATTERS FROM MAYOR AND CITY COUNCIL

 

Council Member Phillips stated that recent articles about Liberty in the newspaper and Mr. Hansen’s recognition among the Top 10 Public Works’ Directors have made him feel lucky to live in Liberty.

 

Council Member Martin thanked the staff for the good information received about HDLI and said she particularly liked the organization’s logo.  Mrs. Martin asked what response staff would be making to concerns about 152 Highway traffic.  Mr. Hansen stated the situation has been frustrating for staff as well as for the citizens.  He stated options would be outlined in a memo to Council.  Mr. Hansen noted that the State had recently changed signal controllers and they are not working properly.  He added that the signalization will be coordinated by the State as part of the regional Operation Green Light project, but that is many years off.  Mr. Wenson stated businesses have expressed concerns about the signals as well.  Mrs. Martin asked if this was addressed when the interchange improvements were made.  Mr. Hansen stated that only two intersections (at Conistor and on the I-35 overpass) were addressed during that project.  He noted that, despite the citizens comments, City staff and MoDOT staff continue to work together on cost effective solutions to resolve the issues.

 

Council Member Parker stated there is a tree which now obscures the speed limit sign on 33 Highway toward Hallmark.  He also asked staff to do something about a car on Murray Road that appears to be abandoned.

 

Council Member Hadden noted she had attended a CMAQ meeting at which it was noted that no Operation Green Light (OGL) proposals got through because the money ran out before they were considered.  She suggested making application for funding, to get in line, even if the money isn’t currently available, because Liberty’s air quality monitor readings are much worse than other cities.  Mr. Hansen stated it had been anticipated those funds would be used for other projects but could not because of the earmarks.  If the City had projects for which this funding is available, staff would apply.  MoDOT has the Green Light project in its budget, but other corridors have priority.

 

Mrs. Hadden stated she visited Fredrick, Maryland, when traveling to the NLC Small Cities conference.  Fredrick has been cited as a great example of downtown revitalization.  She recommended a site visit to see the 50 blocks that are wonderfully improved.

 

Council Member Parry asked for an update on when Liberty Drive would be available again.  Mr. Hansen stated the base asphalt is on and curbing on Flintlock is nearing completion.  He anticipated it would be another two to three weeks before it is opened up for new construction.  He noted the contractor is working as quickly as possible.  Mr. Parry asked about Blue Jay into the Triangle.  Mr. Hansen stated that is a private contract.  City Engineer Brian Hess stated there is no detection yet for the signal controller and work continues.  Mr. Parry said it looks horrible.

 

Council Member King referred to a recent KCADC meeting he had attended along with Assistant City Administrator Cynthia Boecker.  He said there were a number of demographics reviewed that would be very useful and could be used for the Liberty area.

 

Council Member Martin stated that the pigeons have again taken over the shelter off the Canterbury Trail and the playground equipment is in need of repair.  Parks & Recreation Director Chris Deal stated the bird problem results, in part, from the design of the shelter and there is another one at Clay Ridge with the same problem.

 

Mayor Steinkamp asked the staff to follow-up with both Mr. Jones and Mr. Longfellow.  Mr. Hansen said staff would do that.

 

Mayor Steinkamp noted the Juneteenth celebration Saturday at St. Luke AME Church and encouraged all who could attend to do so.

 

XIII.     ADJOURNMENT

 

The meeting adjourned at 8:18 p.m.

 

 

                                                                                    __________________________________

Mayor

Attest:

 

 

_____________________________________

Deputy City Clerk