CITY COUNCIL MEETING
MINUTES
MONDAY, JUNE 9, 2003
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 9, 2003 with Mayor Stephen P.
Hawkins presiding. Mayor Hawkins called
the meeting to order at 7:05 p.m.
II. INVOCATION AND PLEDGE OF ALLEGIANCE
The
invocation was given by Council Member Bill Parker, who then led the pledge of
allegiance.
III. ROLL CALL
Roll
call was answered by Mayor Stephen P. Hawkins; Ed Collins and Coni Hadden, Ward
I; LeRoy Coe and Anna Marie Martin, Ward II; Lyndell Brenton and Juarenne
Hester, Ward III; and Bill Parker and Jim Robertson, Ward IV. Also in attendance were Patty Gentrup, City
Administrator; Cynthia Boecker, Assistant City Administrator; Steve Hansen,
Public Works/Development Services Director; Linda Tyree, Finance Director;
Craig Knouse, Police Chief; Gary Birch, Fire Chief; Donna Kay Taylor, Community
Center Manager; Sara Ott, Assistant to the City Administrator – Human Resources;
Sharon Grimes, Public Relations Coordinator; Leann Lawlor, Aging Services
Coordinator; Lyndsay Heal, Management Intern; Jane Sharon, Deputy City Clerk;
Scott Faubion, Liberty Tribune; Joe Cook, Liberty Sun News; and 36 members of
the public.
IV. APPROVE MINUTES AND SUMMARIES
A.
SPECIAL
SESSION MINUTES OF MAY 19, 2003
Council Member Robertson
moved to approve the minutes as distributed.
Council Member Brenton seconded the motion, which carried 6-0-2. Council Members Hadden and Martin abstained
due to absence.
B.
STUDY
SESSION MEETING SUMMARY OF MAY 19, 2003
Council Member Hester moved
to approve the meeting summary as distributed.
Council Member Brenton seconded the motion, which carried 6-0-2. Council Members Hadden and Martin abstained
due to absence.
C.
SPECIAL
SESSION MINUTES OF MAY 28, 2003
Council Member Coe moved to
approve the minutes as distributed.
Council Member Martin seconded the motion, which carried 7-0-1. Council Member Hadden abstained due to
absence.
D.
EXECUTIVE
SESSION MINUTES OF MAY 28, 2003
Council Member Martin moved
to approve the minutes as distributed.
Council Member Brenton seconded the motion, which carried 6-0-2. Council Member Hadden and Robertson abstained
due to absence.
E. STUDY
SESSION MEETING SUMMARY OF JUNE 2, 2003
Council Member Coe asked
that his name be removed from the roll call, as he was not present at this
study session. Council Member Hester
moved to approve the meeting summary as amended. Council Member Hadden seconded the motion, which carried 7-0-1. Council Member Coe abstained due to absence.
V. CITIZENS’ PARTICIPATION
A.
Induction
of Gary Birch as Liberty Fire Chief
Mayor Hawkins introduced
Fire Chief Gary Birch and presented his badge to former Independence Fire
Chief, Norman Birch, who pinned the badge for his son. Chief Birch was then sworn in by Deputy City
Clerk Jane Sharon.
Chief Birch thanked all his
friends and family for attending and thanked the members of the Liberty Fire
Department who expressed their support by attending.
B.
Proclamation
for National Small Cities and Towns Day – June 20, 2003
Mayor Hawkins asked those
present to note the proclamation, which would be taken to the June meeting of
the Small Cities Council by Liberty’s representative Council Member Coni Hadden
for formal recognition.
VI. MEETING SCHEDULE
Mrs. Gentrup stated there
would be no meeting on June 16 and no packet.
She referred to the revised agenda adding a new agenda item, which had
been distributed this evening.
Mayor Hawkins asked that the
first item be removed from the consent agenda and voted on separately.
A. CONGRATULATIONS AND COMMENDATION TO THE LIBERTY SCHOLAR BOWL
TEAM – RESOLUTION
Council Member
Brenton moved to approve the resolution.
Council Member Hadden seconded the motion, which carried unanimously and
is inscribed in Resolution No. 2132.
Mayor Hawkins
read and presented the resolution to student members of the team – Kyle Hill,
Jeff Hill and captain Amanda Smith.
B. APPOINTMENTS
Board of
Ethics
Reappoint Ken
Chatlos to a term expiring 6-15-08
Parks &
Recreation Board
Reappoint Anna
Margaret McGuire to a term expiring 6-1-06
Reappoint Greg
Duncan to a term expiring 6-1-06
Appoint Mario
Usera to a term expiring 6-1-06
Municipal
Judge
Reappoint Tom
Capps to a term expiring 7-1-07
Council Member
Hester moved to approve the appointments.
Council Member Robertson seconded the motion, which carried unanimously.
C.
PURCHASE
OF COPIER AT COMMUNITY CENTER FROM HOTZ BUSINESS SOLUTIONS IN THE AMOUNT OF
$8,909.00 – MOTION
Council Member Hester moved
to approve the purchase. Council Member
Robertson seconded the motion, which carried unanimously.
D.
EMERGENCY
PURCHASE OF HVAC COMPRESSOR REPLACEMENT FROM THE WALDINGER CORPORATION NOT TO
EXCEED $15,000.00 FOR COMMUNITY CENTER NATATORIUM – MOTION
Council Member Hester moved
to approve the purchase. Council Member
Robertson seconded the motion, which carried unanimously.
VIII. PUBLIC HEARINGS – None.
A.
ACKNOWLEDGEMENT
OF VENDOR PAYMENTS FROM MAY 16, 2003 THROUGH JUNE 6, 2003 – ORDINANCE
Council Member Robertson
requested that check no. 75954 be removed and voted on separately.
Document No. 6060 was
read. Council Member Martin moved to
approve the ordinance. Council Member
Hester seconded the motion.
Council Member Brenton asked
about check no. 75918 to Liberty Hospital.
Police Chief Knouse stated that the person treated at the hospital had
been in custody at the time and the City was responsible for payment. He stated that there is a possibility for
receiving reimbursement through the court in some cases. Mrs. Gentrup stated that a follow-up report
would be provided.
Council Member Martin asked
about check no. 76141 to a Carstar in Smithville. She asked why a local vendor had not been used. Assistant to the City Administrator – Human
Resources Sara Ott stated that this was an emergency repair needed to get a
city vehicle back in service as soon as possible and all local vendors were
busy following the May 4 tornado.
Mr. Brenton asked about
check no. 76134 – a prepayment for yard waste stickers. Finance Director Linda Tyree stated that
citizens had asked the City to make the stickers available at city hall. She said that staff is monitoring how many
are purchased. Mayor Hawkins asked if
those that are not sold could be returned for a refund. Mrs. Tyree said they could. Mr. Brenton stated that the City is
providing an outlet for sales and is functioning as a non-compensated vendor in
doing so. He stated that BFI has a
substantial contract with the City and the sticker sales benefit BFI. He expressed concern that the City has to
pay for the stickers in advance of selling them for BFI. Mrs. Gentrup said staff would keep the
comments in mind.
Vote on the motion was as
follows: Council Member Collins – yes;
Council Member Martin – yes; Council Member Hester – yes; Council Member Parker
– yes; Council Member Hadden – yes; Council Member Coe – yes; Council Member
Brenton – yes; Council Member Robertson - yes.
The motion carried unanimously; it was approved by the Chair and
inscribed in Ordinance No. 8526.
Vote on check no. 75954 was
as follows: Council Member Collins –
yes; Council Member Martin – yes; Council Member Hester – yes; Council Member
Parker – yes; Council Member Hadden – yes; Council Member Coe – yes; Council
Member Brenton – yes; Council Member Robertson - yes. The motion carried unanimously.
B.
*AMEND
CHAPTER 3, “ALCOHOLIC BEVERAGES”, LIBERTY CODE OF ORDINANCES – ORDINANCE
Ms. Sharon stated that the proposed amendments include
clarification of the types of liquor covered in specific licenses by
distinguishing between light wine and wine by alcohol content; separate
licenses for Sunday sales for certain non-profit organizations that already
have existing liquor licenses; establishing caterer’s permit to allow caterers
with existing liquor licenses to serve where events or occasions occur at
locations other than the premises for which the caterer holds a license; and
establishing requirement for registration of alcohol sold in kegs. She stated that an additional amendment,
creating a temporary liquor license for civic and service organizations, had
been added at Council’s direction.
Council Member Brenton expressed concerns that caterers
within Liberty would be at a disadvantage to those outside, with the new
caterers permit. He asked if the $15
fee kept them on a par with others.
Mrs. Gentrup stated that caterers must hold a liquor license in the city
where the business is based and this caterers permit is similar to that used in
other municipalities. She noted that a
caterer coming in to Liberty to work would have to obtain an occupation license
in addition to the permit. Mr. Brenton
stated he wants to keep the playing field level.
Mayor Hawkins clarified that this is a new ordinance and
not the original one returning on second reading.
Document No. 6061 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 Coe 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. 8527.
Mrs. Gentrup stated the next step would be for the Chamber
to apply for a temporary liquor license.
She stated Council would see that application within a fairly short
timeframe.
C.
ACCEPTANCE
OF WATER AND SANITARY AT THE HIGHLAND PARK BUSINESS CENTER 2ND PLAT,
LOT 2B – RESOLUTION
Council Member Robertson
moved to approve the resolution.
Council Member Brenton seconded the motion, which carried unanimously
and is inscribed in Resolution No. 2133.
D.
AGREEMENT WITH EFFIGY ARCHEOLOGICAL SERVICES IN THE AMOUNT OF
$21,300.00 FOR ARCHEOLOGICAL TESTING PERTAINING TO THE SOUTH LIBERTY PARKWAY,
PHASE II – ORDINANCE
Document No. 6062 was
read. Council Member Robertson 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 Brenton seconded the motion.
Council Member Hadden asked what findings warranted further
investigation. Public Works/Development
Services Director Steve Hansen stated two sites had been checked and revealed
some arrowheads. A deeper, wider area
would now be tested and the process would be time consuming. Mrs. Hadden asked what kind of timeframe was
anticipated. Mr. Hansen said they hoped
the process would be completed as early in August as possible. Council Member Martin asked who gets to keep
what is found. Mr. Hansen said that had
not been determined.
The motion carried
unanimously; it was approved by the Chair and is inscribed in Ordinance No.
8528.
E.
MARC
CONTRACT MODIFICATIONS FOR SENIOR TRIPS – ORDINANCE
Mrs. Gentrup stated these
modifications are annual occurrences and the new contracts would come before
Council for consideration soon.
Council Member Brenton asked
if this reduction, in essence, removed $14,000 from the Parks budget. Aging Services Coordinator Leann Lawlor
stated that the budget is based on past history, not what is applied for in the
grant. Mrs. Tyree stated that this
contract is in the general fund. Mayor
Hawkins asked if staff anticipates changes to the base budget because of these
modifications. Mrs. Tyree stated that
part of this contract is identified in one fiscal year and one in another, so
it is difficult to see the effect, if any, on the budget. Mr. Brenton asked if this is likely to have
an unfavorable impact on the budget.
Mrs. Tyree said it would not, as a decrease had been anticipated.
Document No. 6063 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 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. 8529.
F.
AGREEMENT
WITH EVERCOM SYSTEMS FOR INMATE PAY TELEPHONES IN POLICE DETENTION AREA –
ORDINANCE
Document No. 6064 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 Hadden 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. 8530.
G.
AMENDMENT TO CONTRACT WITH WRS ARCHITECTS FOR FIRE STATION 1
REMODEL/TORNADO DAMAGE NOT TO EXCEED $3,500.00 – ORDINANCE
Mrs. Gentrup stated there
had been significant damage to Fire Station No. 1 and staff needed this
additional assistance to determine what repairs are to be made.
Document No. 6065 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 Brenton seconded the motion, which carried unanimously. It was approved by the Chair and is
inscribed in Ordinance No. 8531.
XI.
MISCELLANEOUS
MATTERS FROM CITY ADMINISTRATOR
Mrs. Gentrup referred to a memorandum provided to
Council regarding storm debris pickup.
She stated that the debris at the two locations had been inspected by
FEMA and City staff has been told it is outside the terms of the agreement as
determined by FEMA, which means that FEMA will not consider the costs
associated with picking it up reimbursable to the City.
Council Member Collins stated he had heard of the
problems on Spring Street and did not understand why it mattered how the debris
was placed at the curb. He said that,
if a property owner was physically unable to move it and had to hire someone to
move it, it would still be at the curb for pickup. Council Member Hester asked if it would cost the City $19,000 to
remove the debris from the one site.
Mrs. Gentrup said it would and there is also the increase over the
amount of the contract approved on May 28.
She stated the cost to the City would be $30,000 if all additional work
outlined in the memo is done. Mrs.
Hester stated that what was done at the site was clearly outside the guidelines
for pickup that were conveyed to the public.
Mayor Hawkins asked if there are any other sites in the City that are
like this. Mr. Hansen said every site
is a little different, but not the wholesale movement of debris and non-debris
like at this site. He said it is all a
challenge. Mayor Hawkins asked if the
debris at the one site that would cost $1,900 all fits within the category for
pickup. Mrs. Gentrup stated that FEMA
personnel had looked at it and identified what fit and what did not fit within
the agency’s requirements to be reimbursable.
Mayor Hawkins reviewed the options for addressing the debris at this
site. Mr. Hansen stated FEMA has marked
the debris at this site. He said that
if the additional material is picked up by the City or its contractor, FEMA
will not reimburse that cost. Mayor
Hawkins clarified that that part is not debris resulting from the tornado. Mr. Hansen said that was correct; it was a
fencerow, cleared during the cleanup but not damaged in the tornado, according
to FEMA’s observations.
Mayor Hawkins asked about the other location where
costs would total $19,000. Mr. Hansen
stated that FEMA realizes there is some storm damage debris but it is
intermingled with what was bulldozed to the curb so FEMA has classified it all
as ineligible for reimbursement. He
said that dumpsters had been located between H Hwy. and Spring St. and when the
contract was approved by Council on May 28 for mixed storm debris pickup, the
roll-offs disappeared and everything was bulldozed to the curb. Mayor Hawkins asked if the work was covered
by insurance. Mr. Hansen said all work
by a private contractor would have been.
Mayor Hawkins asked if it was possible the
ineligible debris at the other site could have been picked up and covered by
the property owner’s insurance so the City could pick up what was marked as
eligible. Mr. Hansen said it could
be. Mayor Hawkins asked if the City
ended up picking up ineligible debris, if a lien would be placed on the
property, similar to what the City does with forced mowing. Council Member Hadden asked if the lien
stays with the property until it is sold.
Mr. Hansen that was likely how the City would handle it if the property
owner did not take care of it. Council
Member Brenton asked if the lien has an interest component. Mrs. Gentrup said the staff did not have an
answer to that this evening.
Mayor Hawkins asked if there had been any contact
with the property owner at the site with more debris. Mr. Hansen stated that numerous attempts had been made by staff
to contact the property owners with no success. Mayor Hawkins asked if it had been possible to separate what
could be picked up from what was ineligible.
Mrs. Gentrup said some of the determination was based on speculation. She stated that the dumpsters were at the
property, and it had been assumed that a contractor was doing the work.
Council Member Martin asked if there were more
situations like this. Mrs. Gentrup said
there could be. Council Member Collins
asked for clarification that there had been no contact with the property
owners. Mrs. Gentrup said staff had not
been able to reach the owners of the property with the larger pile of
debris. Mr. Hansen said they had only
been able to talk to the bulldozer operator and he was not a good information
source. Council Member Coe asked if the
same problem existed on both properties.
Mr. Hansen said there had been different activity on both properties as
soon as the contract was approved by Council.
Mr. Coe asked if this property owner had insurance coverage. Mr. Hansen said that was unknown; he said
there was a possibility that the owner was involved in a dispute with his
insurance company.
Mayor Hawkins asked Council to address each site
separately in directing staff. Council
Member Brenton asked if there was any opportunity for the City to be an
advocate for the property owner with FEMA so that some of the debris could be
considered as coming under the guidelines.
Mr. Hansen stated that FEMA representatives have remained strongly
committed to their position that it is all ineligible. He stated they have seen the changes on the
property. Mr. Brenton asked if the
interspersed argument is moot. Mr.
Hansen stated that a foundation had been taken out along with the storm debris
and, while most of the materials had been removed in roll-offs, live trees had
been taken down. He said if it had been
handled differently by the property owner, FEMA might have come to a different
conclusion.
Mayor Hawkins said he did not see any action needing
to be taken at this point, because there are still unanswered questions. Council Member Martin asked if the staff had
any ideas on contacting the property owner.
Mr. Hansen stated efforts continue to do so.
As to the property where less debris needs to be
picked up, Mayor Hawkins said that the policy addresses most of the debris and
the portion that is not storm damage has been identified. He said contracts had not been approved nor
had the City intended to conduct a general cleanup. Council Member Hadden asked if the two piles were clearly
marked. Mr. Hansen said that FEMA had
marked them. Mayor Hawkins stated it
appeared the City would pick up the eligible debris. Council Member Hadden stated she agreed and that it would not be
appropriate for Council to say it would change its policy for this site only.
Mrs. Gentrup stated she would be out of the office
the rest of the week and that, with Ms. Boecker out Thursday and Friday, Steve
Hansen would serve as acting city administrator during her absence.
XII. MISCELLANEOUS MATTERS FROM MAYOR AND
CITY COUNCIL
Council Member Brenton asked if a stop sign had once
been at the entrance to the Bank of America property off of Liberty Drive. Mr. Hansen stated if there had been one, it
was on private property and would be up to the property owner to replace.
Mr. Brenton asked about the signal timing at
Connistor and 152 Hwy. Mr. Hansen
stated the changes had been implemented temporarily due to the backups on 152
Hwy. He said that, in the near future,
the signals would all be tied back together and put back on detectors.
Mr. Brenton asked when the Council would be
discussing dangerous buildings. Mrs.
Gentrup said that discussion is still planned and would be scheduled.
Council Member Coe asked about the dead end at
Spruce and Holly Lake. He said that
cars are parked on both sides of the street and when the gates are closed,
there is no place to turn around.
Council Member Hadden reported a speeding problem
with vehicles speeding around the curve at Kansas and South Jewell.
Council Member Robertson asked about the fatality
accident on Church Road. Chief Knouse
said police had responded but the reporting process usually takes several
days. Mrs. Gentrup said in the past,
Council was called immediately and this hadn’t been done as much lately. Mr. Robertson said he saw no press coverage
of the accident. Mrs. Gentrup said a
press release had been issued.
XIII. ADJOURNMENT
The meeting adjourned at 8:18 p.m.
__________________________________
Mayor
Attest:
_____________________________________
Deputy City Clerk