CITY MANAGER REPORT

The Honorable Mayor and                                     Council Letter No. 10-025
Members of the City Council
City of Warrensburg, Missouri                               February 18, 2010

Dear Mayor and Council Members:

SUBJECT: City Manager Report for the February 22, 2010 City Council Meeting.

                         "The most difficult thing is the decision to act,
                        the rest is merely tenacity. The fears are paper
                         tigers. You can do anything you decide to do.
                          You can act to change and control your life;
                            and the procedure, the process is its own

                                                    --Amelia Earhart  

                                    Inspire a Shared Vision
                                     Challenge the Process
                                      Enable Others to Act
                                      Encourage the Heart
                                        Model the Way

          The quotation for this City Manager Report centers on the leadership concept of
                                       "Challenge the Process.”

          City Council Meetings, Study Sessions, and Executive Sessions

We had originally planned to have a study session prior to this regular City Council meeting for
representatives from Cochran and Head, our auditors, to meet with the City Council and present
the 2008-2009 City Audit. Unfortunately they informed us Wednesday that the Audit would not
be ready for this Council meeting, but would be completed in time for the March 8, 2010 City
Council meeting. As a result, there will not be a study session nor a light dinner prior to
this upcoming February 22, 2010 City Council meeting. We have scheduled an Executive
Session immediately after the 7:00 p.m. City Council Meeting at the City Hall Annex.

Anticipated items for this upcoming Monday, February 22, 2010 City Council Meeting to be
held at the City Hall Annex, 607 Burkarth Rd., Suite B include:

City Manager Report 02/22/10
                                          Page 1 of 10
    •    Proclamation for American History Month;
    •    Two possible Ordinances Authorizing the Show Me Green Sales Tax Holiday;
    •    Two Ordinances Accepting Sewer Easements to Build a Public Sewer for the Episcopal
    •    An Ordinance Authorizing Change Order No. 4 for Coil Construction;
    •    Ordinance Authorizing a Modification to a Joint Agreement with the County for the
         County Emergency Management Office to use City vehicles;
    •    Discussion on the Proposed County Food Ordinance and Presentation by Deborah
         Haller, Administrator for Johnson County Community Health Services and Sabetha
         Kistner, Environmental Public Health Services Coordinator.

Preliminary Agenda items anticipated for the March 8, 2010 City Council Meeting follows:
   • Study Session to Discuss and Receive Council Input on a Revised Solid Waste Plan;
   • Resolution for the Payment of Bills;
   • Recognition of the Storm Shelter Program;
   • Presentation of the Fiscal Year 2008-2009 Audit by Cochran Head Vick & Co., PC;
   • Ordinance Adopting a Contract for Construction on the Historical Johnson County
   • Ordinance Approving a Plat of Warrensburg Senior Housing Development;

Possible Future Upcoming Items:
   • Review of Final Half-Cent Capital Improvement Projects (April Bids);
   • Memo of Understanding with the Chamber on Visitor’s Center Lodging Tax;
   • Approval of the 2009-2014 Five-Year Capital Improvement Projects;
   • Hotel/Convention Center Project;
   • Annexation Discussion;
   • Agreement with MoDOT on the Acceptance of Business 50 and Missouri 13 (Maguire
   • Ordinance Accepting the New Public Works Building;

                               Council Communication and Projects

You have communicated to City staff, as a group or individually, requests for information on
certain issues. The following are some of those items:

         Recent Missouri Municipal League Legislative Conference
         Council Member Brock and I attended the Missouri Municipal League’s Legislative
         conference on Wednesday February 17 and 18 and had dinner with representatives
         from the Cass County municipalities, Senator Pearce, and three state representatives in
         our area. Legislative issues that were discussed at the conference included the

         Omnibus Local Government Bill: S.B. 580 has passed the Senate after the introduction
         of 34 floor amendments. Among its almost 200 pages, S.B. 580 addresses many local
         government issues, ranging from allowing counties to amend their annual budget to
         granting specific cities the authority to adopt a hotel/motel tax. Although most of the
         provisions of the bill are noncontroversial or ones supported by the League (stacked
         sales tax fix) there are, however, a couple of sections of the bill that the Missouri
         Municipal League opposes. A provision in the Omnibus bill requires a four-day notice of
         all votes on tax increases, use of eminent domain, tax increment financing,

City Manager Report 02/22/10
                                         Page 2 of 10
         neighborhood improvement districts, community improvement districts, and
         transportation improvement districts. This new notice mandate adds to a long list of
         notice requirements that municipalities must provide, none of which are the same. The
         MML fears that the addition of yet another notice requirement to the list would only be
         more confusing and increase the chances for error.

         Another mandate in S.B. 580 that the League opposes would require municipalities to
         bid construction projects over $6,000 in a manner dictated by the bill or face legal action.
         S.B. 580 will now move over to the House.

         Driving While Intoxicated Legislation: DWI legislation had some movement this week as
         H.B. 1695 (Stevenson) was carried over again in the House Crime Prevention
         Committee. Much of the discussion in committee surrounded the topic of reporting DWIs,
         both at the enforcement and court levels. The Senate also touched upon the topic by
         hearing S.B. 880 (Schaefer), a bill regarding the establishment of DWI courts and
         establishing a $100 surcharge on DWI convictions to fund the court. The MML has been
         stressing the point that taking away DWI enforcement from municipal courts could have
         unintended consequences. The Senate Judiciary Committee hopes to vote out the DWI
         bill on February 15, while the House committee will most likely work on the issue for one
         more week before voting a bill out to the House floor.

         Texting While Driving: At the request of the MML, Senator McKenna has amended his
         texting while driving bill, S.B. 701, to include language that allows for municipal
         enforcement. In the House, Representative Schad has agreed to include municipal
         enforcement language in the texting bill he is sponsoring, H.B.1205. Under current law,
         only drivers 21 years of age or younger are restricted from driving while text messaging
         on cellular phones and texting violations cannot be heard in municipal court.

         A big issue discussed at the conference was the possibility of approval by the legislature
         and ultimately approved by the voters of the TAX RESTRUCTURING, “FAIR TAX PLAN”
         SJR 29, the so-called “Fair Tax.” This was heard in the Senate Governmental
         Accountability and Fiscal Oversight Committee. SJR 29 is a proposed Missouri
         constitutional amendment that replaces the corporate and personal income tax with a
         much higher state sales tax that would also be levied on all services. The MML is
         opposed to this restructuring of the state’s tax code, fearing its impact on local
         revenues and the state’s economy. There is no consideration for what a city may do
         should the rate need to be adjusted upward after the first year. As currently written
         municipal sales tax revenues could be substantially reduced. The League requested that
         we contact members both the Senate Governmental Accountability and Fiscal Oversight
         Committee and our State Senator. We have communicated our opposition of this
         measure to Senator Pearce. If the ballot is approved by the legislature, the measure
         would bypass the governor and be placed on the November 2010 ballot.

         When we communicate with our legislators on legislation we generally use the Missouri
         Municipal League’s 2009-10 policy statement as our guide. You can access it on the
         internet at

City Manager Report 02/22/10
                                          Page 3 of 10
         Recent Sales Tax Receipts and Review of 2009-10 Operating and
         Capital Improvement Budget Modifications

         Sales Tax Receipts for December sales came in early February and they are

         Without February’s Law Enforcement sales tax, sales tax receipts, on a cash basis
         received in February and for the first five months of the 2009-2010 budget are as

                                       February 09            February 10                    %
         Sales Tax
         One Cent Sales                  $197,933               $188,509                - 4.76%
         Half Cent Sales                 $ 98,966               $ 94,255                - 4.76%
         3/8 Cent Sales                  $ 74,077               $ 68,711                - 7.24%
         One Cent Use                    $ 18,889               $ 16,187                -14.31%
         Half Cent Use                   $ 9,443                $ 8,092                 -14.31%
         3/8 Cent Use                    $ 6,615                $ 5,669                 -14.31%

         Law Enforcement                 $ 44,750               $ 46,142                  3.11%
                                    Fiscal 08/09                Fiscal 09/10                 %
         Sales Tax to Date (5 months)
         One Cent Sales               $1,115,889                $1,094,140              - 1.95%
         Half Cent Sales              $ 557,944                 $ 547,124               - 1.95%
         3/8 Cent Sales               $ 405,427                 $ 396,319               - 2.25%
         One Cent Use                    $   71,604             $    61,628             -13.93%
         Half Cent Use                   $   35,795             $    30,808             -13.93%
         3/8 Cent Use                    $   25,078             $    21,584             -13.93%
         Law Enforcement                 $ 259,934              $ 271,389                 2.44%

         Our financial review of the submitted operating budget cuts from the department
         directors and our capital improvement budget is now taking place. We have received
         notice from Main Street that a majority of the businesses downtown would like to see a
         postponement of the Pine Street CDBG Phase III Project until the summer of 2011. This
         will help us concentrate this year on the final two major capital projects that includes the
         City Hall remodel and the Hamilton Street project. Last year, we made budget
         adjustments and we anticipate again submitting recommendations for City Council
         approval after receipt of the bids on the two major capital improvement projects in April.

         We plan to present the City’s Annual Report to you at this upcoming City Council
         meeting. A quick review indicates that, under your leadership, a lot of good things
         happened in 2009.

City Manager Report 02/22/10
                                          Page 4 of 10
         Upcoming Study Session and Discussion on the Revision of the City’s
         Solid Waste Plan

         Due to the overall sentiment by the Council on the last proposed solid waste plan, and
         the action taken at the last City Council meeting, we do not plan to have any City Council
         action items on this subject at this February 22 City Council Agenda. We do propose
         that we have study session and/or brain storming session at the March 8, City Council
         Meeting for the purpose of obtaining direction on the update of the solid waste plan.
         Once we receive your thoughts City staff can research the information and should be
         able to provide you with some options within 30 days.

         As previously discussed in a City Manager Report, State law requires the City have an
         adopted solid waste management plan on record. While the City Council has decided
         that it does not want to give a two-year notice to the waste haulers to move to a
         franchise waste hauling system, the City still needs to adopt a plan. This would entail re-
         writing the guts of the original proposed plan before adopting it and also changing the
         Chapter 11 amendments. Your comments and input at the March 8 Study Session will
         assist City staff in re-writing a new proposed plan and allow for us to obtain public input
         before adoption.

         Tourism Memorandum of Understanding (MOU) Reviewed by VCAB
         Regarding the anticipated MOU between the City and the Chamber, during the January
         meeting the Visitors Center Advisory Board (VCAB) asked the Chamber of Commerce to
         specify in the document what a 5-year MOU would enable the Chamber & Visitors
         Center to do during that time frame. In addition, they wanted the 5-year marketing plan
         to be attached to the MOU, and have the MOU be a standalone document. They also
         requested that any proposed MOU reiterate VCAB’s authority over the lodging tax.

         City Boards and Commissions Input and Improvements
         At the suggestion of Council Member Brock and Mayor Pro Tem Dyer, the City Clerk is
         updating boards and commission information. In addition, she is developing a request
         for interested parties to apply for vacancies.

                  Recent City Manager Activities, Meetings and Events

During the week of February 8, I met with Council Members Dyer and Brock, attended a
monthly Census meeting, had lunch with the Mayor at a Highway 13 Corridor Coalition meeting
in Higginsville, went to a 80th birthday get together for Charlie Baile, and attended our City
Council Meeting. On Tuesday, we held our weekly executive staff meeting, and held a
technology meeting with the Department Directors. On Wednesday, I attended an annual
Warrensburg Area Partners in Prevention meeting, and met with the individual Department
Directors on the establishment of Pay for Performance. On Thursday, I attended the County’s
Public Hearing on the Food establishment ordinance, met with other Department Directors on
Pay for Performance, and attended our monthly meeting with the Executive Director of JCEDC.
On Friday, I met with Richard Pember on the capital improvement projects and Barbara Carroll
on a variety of community development issues.

Monday, February 15 was President’s Day and our offices were closed. Barbara Carroll took
my place that day to participate in our KOKO radio program. She did an excellent job. On

City Manager Report 02/22/10
                                          Page 5 of 10
Tuesday, I met with Barbara Carroll and Mike Batie on our Solid Waste Management Plan,
attended an Executive Staff meeting, met on existing Animal Shelter requirements, and
attended a Sports Tourism Task Force meeting at the Community Center. Wednesday morning
I attended the Chamber breakfast on the Census, met with Mike Batie, and left to attend the
annual Missouri Municipal League Legislative Conference with Council Member Brock. Friday, I
worked on the Agenda and your City Manager Report.

                Upcoming City Manager Activities, Meetings and Events

Next week, I plan to meet on Monday with Council Members Dyer and Brock, have lunch with
the Mayor and work with Phil Johnston on performance measures. On Tuesday, we will have
our weekly executive staff meeting and I plan to attend a monthly Military Affairs meeting. On
Wednesday, I plan to attend our monthly finance and administrative meeting and a Chamber
Ambassador’s meeting. On Thursday, I plan to attend a presentation by Barbara Carroll on the
census at the morning Rotary meeting and again meet with Barbara Carroll later that afternoon.
On Friday, I plan to attend a Tourism and Visitor’s meeting and a branding committee luncheon
at the school administration building.

During the week of February 28, we will have our weekly executive staff meeting and I will
continue to work with the Department directors on pay for performance and performance
measures. Thursday, I plan to attend a Base Community Council luncheon, a Johnson County
Economic Development afternoon retreat, and a Chamber Business after Hours event. On
Friday, we will have the first quarter leadership challenge award at an employee luncheon at the
ABC building. The MIAA basketball tournament starts on Thursday in Kansas City and the
University always has an event Friday afternoon which hopefully I can attend.

As always, if there are any questions on any matter, or if you need additional information on this
report, please contact either myself or any of the Department Directors noted in this report.

                                FIRE DEPARTMENT
                                 Phil Johnston, Fire Chief

Firefighter I/II Training Course
The Fire Department’s Training Officer, Battalion Chief Jim Kushner, is the lead instructor in this
year’s Firefighter I / II training course. The course began on February 9 and will meet each
Tuesday and Thursday evening through May 15 when students take their practical
examinations. Written tests will also take place in May. There are 25 firefighters enrolled in this
course: 16 from the Warrensburg Fire Department and 9 from the two fire districts located in
Johnson County. On April 3, the students will participate in live fire training at Fire Station 2
when they use the mobile fire trainer that was acquired with a grant from the U.S. Fire
Administration. Completion of this course and attainment of satisfactory scores on the required
examinations will provide attendees with proof that they have completed a firefighter training
course that meets national and state standards for professional competency. We are very
fortunate to have the staff members who have the knowledge, skills and abilities to teach this
level of training locally. The recent acquisition of the mobile fire trainer makes it possible for
Fire Department personnel to receive this type and caliber of training without having to travel to
another community for the live fire portion of the required training. The firefighters who
complete this course join the other members of the Warrensburg Fire Department who have

City Manager Report 02/22/10
                                         Page 6 of 10
demonstrated through training and testing that they have the skills needed to perform their
duties proficiently and in accordance with national standards related to firefighter training.

Live Fire Exercises with the Mobile Fire Trainer
On Saturday, February 13, 2010, the mobile fire trainer was used to provide hands-on
instruction to 14 members of the Warrensburg Fire Department and 1 member of the Johnson
County Fire Protection District. The actual fire training occurred over a 2 ½ hour period.
Temperatures reached almost 900 degrees Fahrenheit during the training. Ten separate fire
exercises were conducted to provide opportunities for different instructors and different crew
members to participate in various assignments.

Johnson County Hazard Mitigation Plan Update
Last week, I provided Emergency Manager Steve Moody with written recommendations
regarding factual changes to the existing Johnson County Hazard Mitigation Plan. I am now
working on a revision of the plan document that highlights areas where procedural or additional
factual changes should be considered. Next month, a meeting of community and emergency
agency representatives will be convened at the Emergency Management Agency office. The
purpose of this meeting is to review the plan and finalize changes before the document is
submitted to the Pioneer Trails Regional Planning Commission. Our county and the cities within
Johnson County are required by the Disaster Mitigation Act of 2000 to have a hazard mitigation
plan. The Pioneer Trails Regional Planning Commission is coordinating meetings and
compiling updates to the individual plans of counties within the Commission’s service delivery
area. Once our county plan is updated, the City Council should adopt the revised plan in a
manner similar to what occurred five years ago.

Annual Storm Spotter Training Class
This is a friendly reminder that the National Weather Service holds storm spotter training
classes throughout the region. The Warrensburg session is scheduled for March 16, 2010, at
7:00 pm. The class will take place in the W.C. Morris Auditorium at UCM. Parking is available
next to the class site. These sessions are well attended, and I encourage anyone with an
interest in storm preparedness to attend the class. There is no charge, and handout materials
are provided.

                               POLICE DEPARTMENT
                               Bruce Howey, Chief of Police

February 12 Blood Drive a Resounding Success
A total of 90 people came in to donate blood at the Police and Fire Department sponsored blood
drive held at the Warrensburg Community Center on February 12. From those 90 people, the
Community Blood Center Staff collected 79 units of blood. Our next blood drive will be Friday,
April 23, 2010, from 10:00 am until 6:00 pm at the Warrensburg Community Center. This puts
us on-track to once again qualify for the Community Star Award.

RHSOC Meetings in Concordia
I have attended and participated in two Regional Homeland Security Oversight Committee
meetings in Concordia these past few weeks as the Law Enforcement representative for our
eight county region. The committee has considered and chosen those areas for funding of
equipment and services totaling over $300,000.

Move-In and Go Live Dates Set for Police Department

City Manager Report 02/22/10
                                         Page 7 of 10
The move-in date for the new Police Department headquarters building is set for Saturday,
March 27 with the go live date of Monday, March 29. We will then set a date for dedicating the
building this spring as the outside work nears completion. We are looking forward to a tour for
the City Council as soon as we get moved in.

Animal Shelter

Part-time Position Open at Shelter
We are currently one part-time position short at the Animal Shelter. Applications are being
accepted for a new part-time person.

Shelter Receives $1,000 Donation
The shelter received a $1,000 donation from Murdock Banner Financial Group. The money
donated was raised through entry fees for a half marathon that was held last fall.

New Animal Shelter Facility Update
The shelter staff has been working on moving into the new facility. An inspection by the
Department of Agriculture was conducted on Friday, February 5. The go-ahead was given by
the State to move into the new facility as long as the outside kennel spaces are not used
immediately. This is due to the need to apply sealer to the concrete. The temperature must be
warmer for this to occur. The existing shelter had a couple of deficiencies noted by the
inspection. There is a need to re-paint and seal some areas in the old facility. There is also a
need to replace some of the rusted kennel doors. We are meeting with Pember Construction on
these issues to get them resolved. We will have a building dedication in the spring as the
outside work is completed. We look forward to taking the City Council on a tour in the near

                                     CITY CLERK
                                       Cindy Gabel

    •    Monday, February 22 is a City Council meeting at the Annex with a study session or
         executive session beginning at 6:00 p.m.;

    •    Thursday, February 25 is a ribbon cutting for Cheap Tech Computer Repair at 10:00
         a.m. at 506 N. Maguire, Suite C;

    •    Friday, February 26 is a free lunch and learn seminar in the Jack Moore room of the train
         depot from 11:30 a.m. – 1:00 p.m.,

    •    Sunday, February 28 is a proclamation at the Jesus Saves Pentecostal Church at 4:00

    •    Thursday, March 4 is a ribbon cutting at Quik Cash at 10:00 a.m., at 120 E. Cooper,
         Suite A. Business After Hours will be held at Euphoria Salon and Spa from 5:30-7:30

    •    Friday, March 5 is the first quarter “Leadership Challenge Award” and employee
         luncheon from 11:30 a.m. – 1:00 p.m. at the ABC building;

    •    Wednesday, March 24 is Student Government Day at the annex in the morning.

City Manager Report 02/22/10
                                         Page 8 of 10
                               COMMUNITY DEVELOPMENT
                           Barbara Carroll, Director of Community Development

Census Billboards Go Up
The local publicity campaign for the 2010 Census Committee has begun. Three billboards
promoting the 2010 Census-YOU COUNT HERE message were installed at the beginning of
February along Maguire Street and Young Street. In addition, staff supplied census logo
coasters to over 15 local restaurants and bars for use during February and March. The census
bookmarks were supplied to Trails Regional Library and James Kirkpatrick Library on February
10-12. Matthew Zackschewski, Eagle Scout candidate, will be distributing posters throughout
town during the next couple of weeks as part of his Eagle Scout project. Staff is also working to
get flyers on pizza boxes and in pharmacy sacks during the month of March as well as securing
radio, newspaper, and television advertising.

DREAM Downtown Housing Study Begins
In January, the Missouri Housing Development Commission (MHDC) requested several items
from staff to begin the Downtown Housing Study included in the scope of work for the
Warrensburg DREAM Initiative project. Angela Eley, City Planner, gathered the requested
materials during January and those materials were forwarded to the MHDC last week. The
objectives of the downtown housing study include:

    •    Identifying customer profiles for residential units
    •    Forecasting supply and demand for housing (including affordable housing)
    •    Providing general recommendations regarding type of unit, price point, and projected
         unit absorption
    •    Identifying buildings or locations to locate for-sale or rental housing
    •    Provide general strategies for effectively marketing, to housing developers, the
         downtown as a housing destination.

                                      PUBLIC WORKS
                               Mike Batie, Director of Public Works

Street Department Activities
Between snow storms, the Department are checking manholes for flow and doing pot hole
patching. The patching is needed to reduce further damage on the major roadways.
The Clover Creek drainage project has been awarded to J C Meyers Company for excavation
and re-grading.

Wastewater Department Activities
The treatment plant is going through quality testing before the plant has all of the new plant
improvements completed. The construction company is still making progress despite the
weather conditions.

North West Interceptor and Lagoon Bypass Project
The Due Diligence for the second phase of the SRF funding, in the amount of $8.5 million has
been presented to the Department of Natural Resources (DNR) for approval. This will enable
the City to complete Phase 2 of the plant improvements that also includes the North Pump

City Manager Report 02/22/10
                                            Page 9 of 10
Station, Lagoon Bypass and Northwest Interceptor. The construction permit has been
submitted to DNR for the projects.

Public Works Maintenance Building
The contractor has agreed to return to the building and repair the heating system and a few
other items before we let his retainage be given to him.

Police Building
The facility is coming to the end of major construction. The PD is reviewing items at the building
and FFE. Final grading is beginning to take place.

Animal Shelter
The construction of the new building is complete. The State inspection required further
improvements in the existing building that included painting existing cages; fixing wire doors;
and reworking two walls in the surgery area. Costs to do these requested changes are being

Collections Building Remodel
The WPC Collections building has now been approved with a Temporary Certificate of
Occupancy. The crew has been moving into the building this past week and has been busy
painting and cleaning the bay area that was not included in the remodel process.

Old Johnson County Courthouse Project
The contract for this project will be presented to Council after MoDOT approval is received.

Hamilton Street Project
Bucher Willis and Ratliff, our engineers, hope to have a set of final documents for staff review to
us by the end of the month.

                               PARKS and RECREATION
                                   Kory Alfred, Director

David Curtis to be Inducted into Missouri Parks and Recreation Association
Hall of Fame
David Curtis, former Parks and Recreation Director, will be inducted into the Missouri Parks and
Recreation Association Hall of Fame at the annual MPRA conference in March. The Parks and
Recreation Board will recognize Mr. Curtis for his accomplishments at the March or April Board

Lions Lake Initiative
The Lion’s Lake Initiative Committee is still raising funds for the Lion’s Lake dredging project.
The committee is planning various fund-raising events for this upcoming spring and summer.
To date, the committee has raised $19,753.

City Manager Report 02/22/10
                                         Page 10 of 10

To top