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CITY COUNCIL MEETING

MINUTES

MONDAY, DECEMBER 10, 2007

 

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 10, 2007 with Mayor Robert T. Steinkamp presiding.  Mayor Steinkamp called the meeting to order at 7:00 p.m.

 

II.         INVOCATION AND PLEDGE OF ALLEGIANCE – ANNA MARIE MARTIN

 

            The invocation was given by Council Member Anna Marie Martin who then led the pledge of allegiance.

 

III.       ROLL CALL

 

Roll call was answered by Paul Jenness and Harold Phillips, Ward I; Greg Duncan and Anna Marie Martin, Ward II; Lyndell Brenton and John Parry, Ward III; and Fred Foster and Nick King, Ward IV.  Also in attendance were Curt Wenson, City Administrator; Dan Estes, Assistant City Administrator; Steve Hansen, Public Works Director; Craig Knouse, Police Chief; Marcella McCoy, Finance Manager; Diana Adams, Special Project Manager; Kathy Goode, Accounting Coordinator; Celia McBride, Finance Analyst; Chris Deal, Parks & Recreation Director; Donna Kay Taylor, Community Center Manger; Dennis Dovel, Sports Complex Manager; Steve Rulo, Parks & Open Space Manager; Gary Birch, Fire Chief; Steve Anderson, Planning & Development Director; Amy Brusven, Human Resources Director; Tony Sage, Information Services Director; Shawnna Funderburk, Assistant to the City Administrator; Jane Sharon, Deputy City Clerk; and 10 members of the public.

 

IV.       APPROVE MINUTES AND SUMMARIES (SEE CONSENT AGENDA)

 

V.        CITIZENS’ PARTICIPATION – None.

 

VI.       MEETING SCHEDULE

 

VII.      CONSENT AGENDA

 

Mayor Steinkamp noted that the executive session minutes of November 26, 2007 and the Study Session Meeting Summary of December 3, 2007 were being removed and would be voted on separately to address requested corrections.

 

A.                 SPECIAL SESSION MINUTES OF NOVEMBER 26, 2007

 

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

 

B.                 REGULAR SESSION MINUTES OF NOVEMBER 26, 2007

 

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

 

C.                 SPECIAL SESSION MINUTES OF DECEMBER 3, 2007

 

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

 

D.                 EXECUTIVE SESSION MINUTES OF DECEMBER 3, 2007

 

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

 

E.         APPOINTMENTS

 

Board of Appeals

Reappoint Paul Billings to a term expiring 12-30-2012

Reappoint Mike Reuck to a term expiring 12-30-2012

Appoint Roger Mose to a term expiring 12-30-2009

 

Planning and Zoning Commission

Reappoint Detlef Lehnardt to a term expiring 1-1-2011

Reappoint Amy Howard to a term expiring 1-1-2011

Reappoint Tom Cole to a term expiring 1-1-2011

 

Tree Board

Reappoint Steve Karol to a term expiring 12-15-2010

 

Liberty Parks & Recreation Charitable Fund Advisory Committee

Reappoint Paul Jenness to a term expiring 1-1-2011

 

Public Facilities Authority

Acknowledgement of election

 

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

 

 

F.         AUTHORIZE EXECUTIVE SESSION TO BE HELD DECEMBER 10, 2007 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; EMPLOYEE GROUP NEGOTIATIONS AS AUTHORIZED BY 610.021(9) RSMo; AND CONTRACT NEGOTIATIONS AS AUTHORIZED BY 610.021(12) RSMo – MOTION

 

Council Member Martin moved to authorize the meeting.  Council Member King seconded the motion, which carried unanimously.

 

G.         EXECUTIVE SESSION MINUTES OF NOVEMBER 26, 2007

 

Mayor Steinkamp noted that the minutes were to be corrected to reflect that Council Member Duncan was in attendance.  Council Member Martin moved to approve the minutes as amended.  Council Member Phillips seconded the motion, which carried unanimously.

 

H.        STUDY SESSION MEETING SUMMARY OF DECEMBER 3, 2007

 

Mayor Steinkamp noted the revised meeting summary provided to Council, which reflected additional comments by the Chief of Police and staff review of ordinances pertaining to curfews.  Council Member King asked that the meeting summary be more specific by noting there was also discussion about addressing crime and drug problems.  Council Member King moved to approve the meeting summary as amended.  Council Member Martin seconded the motion, which carried unanimously.

 

VIII.     PUBLIC HEARINGS

 

A.        *AMENDMENT TO LIBERTY TRIANGLE TAX INCREMENT FINANCING PLAN – ORDINANCE

 

Staff reviewed the proposed amendment to the Triangle Tax Increment Financing Plan, which: revises the legal description of the Redevelopment Area to clarify the location of the southern boundary as a result of the State vacating right-of-way in that area and reconfigures the boundaries of Redevelopment Project Areas E, F, and H to conform to current plans for redevelopment in those areas.  The TIF Commission reviewed the amendment on November 19 and recommends its approval.

 

In response to Council questions, staff noted that bringing forward a proposal to add the Clayview Country Club area to the Triangle TIF District would require a significant amendment and update to the current plan, including the blight study and budget.  That proposal would require both TIF Commission and City Council review and approval.  The adjustment to the southern boundary of the current TIF District is not a step toward that proposal.  The map in the proposed Plan amendment reflects current right-of-way.

 

Mayor Steinkamp opened the public hearing and asked if the applicant wished to address the Council.  Ryan Cook, Polsinelli Law Firm, stated he represents LTD Enterprises and noted the boundary of the TIF District was initially comprised of I-35, 291 Highway and 152 Highway.  With the State transferring right-of-way along 152 Highway to the City, the boundary of the TIF District needed to be amended to reflect the changes.  He also noted that the area in the southwest corner of the Triangle is not being amended, because it has already been developed.  Amendments to the northern tier better define the project areas and allow Blue Jay to be extended to 291 Highway through the Triangle without further amendment.

 

Mayor Steinkamp asked if anyone else present wished to speak in favor or in opposition to the amendment.  Seeing no one, he closed the public hearing and returned discussion to the Council.

 

Document No. 6773 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 Brenton 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. 9231.

 

IX.       ORDINANCES, CONTRACTS AND RESOLUTIONS

 

Mayor Steinkamp noted that, with the exception of the acknowledgement of vendor payments and the legislative program, the rest of the items on the agenda were budget-related and could be continued or sent to second reading to be considered with the budget at the special session on December 17.  City Administrator Curt Wenson asked that Council provide staff with any questions so they could be addressed prior to the next meeting.

 

A.        ACKNOWLEDGEMENT OF VENDOR PAYMENTS FROM NOVEMBER 16, 2007 THROUGH NOVEMBER 30, 2007 – ORDINANCE

 

Document No. 6774 was read.  Council Member King moved to approve the ordinance.  Council Member Martin seconded the motion.  Responding to Council questions, staff confirmed two individuals had attended the recent police chief’s conference.

 

Vote on the motion was as follows:  Council Member Phillips – yes; Council Member Martin – yes; Council Member Brenton – yes; Council Member Foster – yes; Council Member Jenness – yes; Council Member Duncan – yes; Council Member Parry – yes; Council Member King – yes.  The motion carried unanimously; it was approved by the Chair and inscribed in Ordinance No. 9232.

 

B.         *ADOPTION OF 2008 BUDGET – ORDINANCE

 

Finance Manager Marcella McCoy reviewed the budget planning process which begins with mid-year with a review of the current revenues and expenditures.  Following departmental review, presentations of each section of the budget were made to City Council in study sessions, which began in October.  A final recap was presented to Council in November.  Closure is still needed on water rates.

 

In response to Council questions, staff offered to provide further clarification of the percentages reported by staff and in the proposed budget related to projected sales tax revenues, noting comparisons were made between the 2007 budget and the 2008 budget  as well as projected 2007 sales tax revenues compared to what is proposed in the 2008 budget.  Clarification of franchise fee revenues and fund balances were also requested by Council.

 

Document No. 6775 was read.  Mayor Steinkamp stated this would be considered on second reading at the December 17 special session.

 

C.         ADOPTION OF 2008-2010 CAPITAL IMPROVEMENTS PLAN – RESOLUTION

 

Council Member Phillips moved to continue consideration of the capital improvement plan to December 17.  Council Member Martin seconded the motion, which carried unanimously.

 

D.        AMENDMENT TO CITY CODE CHAPTER 29 PERTAINING TO WATER SERVICES AND SEWER RATES

 

1.         AMENDMENT PERTAINING TO DELINQUENT ACCOUNT NOTIFICATION – ORDINANCE

 

Document No. 6776 was read.  Mayor Steinkamp stated this would be considered on second reading at the December 17 special session.  Staff requested that any Council questions be forwarded to staff in advance so that responses could be provided before the December 17 meeting.

 

2.         AMENDMENT TO SEWER RATES – ORDINANCE

 

Document No. 6777 was read.  Mayor Steinkamp stated this would be considered on second reading at the December 17 special session.

 

E.         ESTABLISHMENT OF SOLID WASTE AND RECYCLING SERVICE CHARGES – RESOLUTION

 

Mayor Steinkamp noted that a revised resolution had been provided to Council, which now states the correct rates, spelled out and in number form.

 

Council Member Parry moved to approve the resolution.  Council Member King seconded the motion, which carried unanimously and is inscribed in Resolution No. 2326.

 

F.         MODIFICATION OF CITY USER FEES – RESOLUTION

 

Council Member Duncan moved to continue consideration of the fees to the December 17 meeting.  Council Member Martin seconded the motion.  In response to Council questions, staff stated a comparison of the existing fees with those proposed following an increase of 2.6 percent would be provided to Council.  The motion carried unanimously.

 

G.         PUBLIC FACILITIES AUTHORITY LEASES

 

1.         RENEWAL OF LEASE AGREEMENT FOR COMMUNITY CENTER – ORDINANCE

 

Document No. 6778 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 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. 9233.

 

2.         RENEWAL OF LEASE AGREEMENT FOR SPORTS COMPLEX – ORDINANCE

 

Document No. 6779 was read.  Council Member King moved to waive the rules and consider the ordinance on first reading.  Council Member Duncan seconded the motion, which carried unanimously.

 

Council Member Jenness 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. 9234.

 

3.         MODIFY THE BOND RESERVE REQUIREMENT FOR 2003 PFA BOND DOCUMENTS – ORDINANCE

 

Document No. 6780 was read.  Mayor Steinkamp stated the ordinance would go to second reading on December 17.

 

H.        FEE FOR SERVICES CONTRACT WITH HISTORIC DOWNTOWN LIBERTY, INC. IN THE AMOUNT OF $35,000 – ORDINANCE

 

Document No. 6781 was read.  Mayor Steinkamp stated the ordinance would go to second reading on December 17.

 

I.          FEE FOR SERVICES CONTRACT WITH THE PARTNERSHIP FOR COMMUNITY GROWTH & DEVELOPMENT IN THE AMOUNT OF $50,000 – ORDINANCE

 

Document No. 6782 was read.  In response to Council questions, staff stated that typographical errors in the agreement would be corrected.  It was also noted that the service area was intentionally referenced to include Liberty, not the Liberty area.  Mayor Steinkamp stated the ordinance would go to second reading on December 17.

 

J.          CONTRACT WITH KANSAS CITY AREA TRANSPORTATION AUTHORITY (KCATA) FOR LIBERTY EXPRESS SERVICES – ORDINANCE

 

Document No. 6783 was read.  Council Member Phillips moved to waive the rules and consider the ordinance on first reading.  Council Member Parry seconded the motion, which carried unanimously.

 

Council Member Jenness 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. 9235.

 

K.        CONTRACT WITH MID-AMERICA REGIONAL COUNCIL SOLID WASTE DISTRICT FOR HAZARDOUS HOUSEHOLD WASTE COLLECTION IN AN AMOUNT NOT TO EXCEED $24,256.42 – ORDINANCE

 

Document No. 6784 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 King moved to approve the ordinance.  Council Member Jenness seconded the motion.  In response to Council questions, staff stated that Liberty is one of the heaviest users of the program in the metropolitan area.  The motion carried unanimously.  It was approved by the Chair and is inscribed in Ordinance No. 9236.

 

L.         AGREEMENT WITH A. M. PYROTECHNICS IN AN AMOUNT NOT TO EXCEED $12,500 FOR LIBERTY 4thFEST FIREWORKS AND DISPLAY – ORDINANCE

 

Document No. 6785 was read.  Council Member Phillips moved to waive the rules and consider the ordinance on first reading.  Council Member Jenness seconded the motion, which carried unanimously.

 

Council Member Martin moved to approve the ordinance.  Council Member King seconded the motion.  In response to Council questions, it was noted that the vendor has offered to renew at the same price for one year or three years, after both parties review the 2008 display.  Council suggested higher percentage of private contributions in the future.  While it was noted that was a possibility, the private contributions of an estimated $15,000 in 2007 allowed more activities to be added to the celebration, with $2,500 supporting the cost of the fireworks display.  The motion carried unanimously.  It was approved by the Chair and is inscribed in Ordinance No. 9237.

 

X.         OTHER BUSINESS

 

A.        PURCHASE OF POLICE VEHICLES FROM CHUCK ANDERSON FORD IN AN AMOUNT NOT TO EXCEED $62,165.80 – MOTION

 

Council Member Brenton moved to approve the purchase.  Council Member Martin seconded the motion.  Council suggested other alternatives to the purchase of new vehicles at this time, including use of the older police vehicles in other departments or securing extended warranties.  It was noted that the vehicles are a capital purchase, whereas maintenance costs come out of the General Fund.  In addition to the purchase cost of the vehicles, there are also costs associated with trading out equipment from the older vehicles and marking the new vehicles.  Police vehicles have been traded out at 70,000 to 75,000 miles to retain vehicles that are under warranty and therefore reduce maintenance costs to the City.

 

Council Member Brenton moved to continue consideration of the purchase to December 17 so that the staff could provide additional information.  Council Member Martin seconded the motion, which carried unanimously.

 

B.         ADOPTION OF 2008 LEGISLATIVE PROGRAM – MOTION

 

A revised program was provided to Council with the public safety sales tax more specifically focused on revenue options for police.  Council discussion included suggestions to replace the language related to enabling legislation for a public safety sales tax with language allowing a sales tax specifically for police.  Language was also added regarding public safety grants.  At Council’s request staff stated a section about the Flintlock Flyover would be added.

 

Council Member King moved to continue consideration of the legislative program for additional clarifications to the program.  Council Member Parry seconded the motion, which carried unanimously.

 

XI.               MISCELLANEOUS MATTERS FROM CITY ADMINISTRATOR

 

Mr. Wenson noted that a hearing in Clay County Circuit Court on annexation of Area A is scheduled for December 19.  Council was also asked to leave their binders for staff as much of the information for next week’s meeting would duplicate what has already been provided in this week’s packet.

 

Mr. Wenson noted that Public Works Secretary Linda Shanks’ husband, Jay, had been killed in a car wreck over the weekend.  Information about the services would be forwarded to Council.

 

It is anticipated that the City will switch over to the new telephone system on December 20 and a newsflash will be issued when that occurs.

 

XII.            MISCELLANEOUS MATTERS FROM MAYOR AND CITY COUNCIL

 

Council Member Foster thanked staff for responding by letter to a citizen’s complaint about noise issues related to nearby trains being switched in early morning hours.

 

Council Member Duncan requested clarification of the packet process, now that Council receives a binder.

 

Council Member King requested staff look into the possibility of removing the stop sign on Ruth Ewing, which doesn’t appear to work efficiently with the nearby traffic signal on 291 Highway.

 

Mayor Steinkamp stated that the executive session might be postponed, due to the weather.  He also noted a recent meeting with Missouri House Speaker Rod Jetton, in which it was noted that state transportation funds are drying up due to a decrease in federal funding.  He added that the state is adding approximately $36 million to its wish list for the Kearney/I-35 interchange.

 

XIII.     ADJOURNMENT

 

The meeting adjourned at 8:06 p.m.

 

 

                                                                                    __________________________________

                                                                                    Mayor

Attest:

 

 

_____________________________________

Deputy City Clerk