CITY COUNCIL MEETING
MINUTES
MONDAY, MAY 12, 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 May 12, 2003 with Mayor Stephen P.
Hawkins presiding. Mayor Hawkins called
the meeting to order at 7:00 p.m.
II. INVOCATION AND PLEDGE OF ALLEGIANCE
– JUARENNE HESTER
The
invocation was given by Council Member Juarenne Hester, who then led the pledge
of allegiance.
III. ROLL CALL
Roll
call was answered by Mayor Stephen P. Hawkins; Ed Collins, 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; Kathy Goode, Assistant Finance Director; Craig Knouse,
Police Chief; Jim Griffey, Acting Fire Chief; Jim Weber, Fire Division Chief;
Steve Anderson, Planning and Development Services Manager; Julie Lawless,
Preservation Planner; Donna Kay Taylor, Community Center Manager; Heather
Massey, Police Officer; Gary Kossman, Police Officer; Sara Ott, Assistant to
the City Administrator – Human Resources; Sharon Grimes, Public Relations Coordinator;
Jane Sharon, Deputy City Clerk; Scott Faubion, Liberty Tribune; and 2 members
of the public.
IV. APPROVE MINUTES AND SUMMARIES
A.
REGULAR
SESSION MINUTES OF APRIL 28, 2003
Council Member Brenton moved
to approve the minutes as distributed.
Council Member Robertson seconded the motion, which carried unanimously.
B.
STUDY
SESSION MEETING SUMMARY OF MAY 5, 2003
Council Member Brenton asked
the meeting summary be amended to reflect he was present. Council Member Martin moved to approve the
meeting summary as amended. Council
Member Hester seconded the motion, which carried 6-0-1. Council Member Robertson abstained due to
absence.
C.
EXECUTIVE
SESSION MINUTES OF MAY 5, 2003
Council Member Coe moved to
approve the minutes as distributed.
Council Member Martin seconded the motion, which carried 6-0-1. Council Member Robertson abstained due to
absence.
V. CITIZENS’ PARTICIPATION
A.
PROCLAMATION
FOR NATIONAL POLICE WEEK
Mayor Hawkins read the
proclamation declaring the week of May 12 as National Police Week in
Liberty. He presented the proclamation
to Liberty Police Officers Gary Kossman and Heather Massey.
David Fulk, 409 W. Franklin,
commented on the outpouring of community support he had observed and
experienced following the May 4, 2003 tornado.
He stated that Missouri Public Service/Aquila crews were on the scene
immediately and worked more than 30 hours, just on Franklin Street. He thanked the City’s law enforcement for
keeping sightseers to a minimum. He
thanked Tom Atkins and two gentlemen sent by Jim Robertson who spent six hours
removing old trees. Mr.Fulk said the
Liberty High School basketball team members and Lyndell Brenton also came to
help. Others came to help remove garage
debris at the Fulk’s home.
Mr. Fulk especially thanked
City staff for distributing information on how to obtain assistance to those
dealing with storm damage. He also
appreciated the City waiving building permit fees during this time. He said that businesses have offered
discounts as well. He stated that the
response exhibited by the community is one of its finest hours. He thanked the Council for the help that was
continuing to be provided.
Mrs. Gentrup provided an
update of City efforts. She stated that
on the previous Saturday and Sunday, City staff had provided donated supplies
to those coming in to the Mabee Center and had taken supplies out to the
affected areas as well. She said the
Salvation Army provided its canteen trucks in the areas where clean-up efforts
continued and also coordinated volunteer efforts on through Saturday. Mrs. Gentrup stated that the Mabee Center
had been open today only by appointment but would reopen Tuesday, from 8 am to
6 pm. She stated at that point staff
would evaluate how or whether to continue operations at that location. She stated that City staff is coordinating
volunteers for the time being.
Mrs. Gentrup stated that
FEMA had opened an assistance center at the Antioch Shopping Center and that a
meeting with FEMA staff was being held Tuesday regarding public assistance. She stated that 18 inspectors had come from
several area cities last Friday to assist with building inspections. The original assessment through FEMA had
been 600 buildings damaged. That figure
is now 311 properties, 45 of which have been designated as dangerous
buildings. Building inspectors will be
continuing determinations of property damage and will work with residents to
see what their plans are related to making repairs to damaged property.
Mrs. Gentrup stated that
many damaged properties are in historic districts or are on the National
Register. She stated that a letter had
already been out to property owners from City staff and the Historic District
Review Commission met earlier this evening.
Mrs. Gentrup said that the constant police presence on the Square had
ended this evening, but there would continue to be a lot of construction
activity there. She said that,
initially, there had been a police presence 24-hours a day on H Hwy. Mrs. Gentrup said only two incidents were
considered looting and stated there had been an outpouring of support in time
and dollars from the community. She
said thank you letters are being prepared.
VI. MEETING SCHEDULE
Mrs. Gentrup stated there would be no meeting on the
Tuesday following the Monday Memorial Day holiday and that both a special
session and study session were scheduled for May 19.
A. AUTHORIZE EXECUTIVE SESSION TO BE HELD MAY 12, 2003 IN THE
COUNCIL CONFERENCE ROOM IMMEDIATELY FOLLOWING THE REGULAR SESSION TO DISCUSS
CONTRACT NEGOTIATIONS, AS AUTHORIZED BY 610.021(12) RSMo – MOTION
Council Member Coe moved to
authorize the executive session.
Council Member Hester seconded the motion, which carried unanimously.
B.
PURCHASE
OF TESTING SERVICES FROM GEOSYSTEMS ASSOCIATED WITH THE COMMUNITY CENTER
EXPANSION IN THE AMOUNT OF $9,300.00 – MOTION
Council Member Coe moved to
approve the purchase. Council Member
Hester seconded the motion, which carried unanimously.
VIII. PUBLIC HEARINGS – None.
A.
ACKNOWLEDGEMENT
OF VENDOR PAYMENTS FROM APRIL 25, 2003 THROUGH MAY 9, 2003 – ORDINANCE
Document No. 6051 was
read. Council Member Coe moved to
approve the ordinance. Council Member
Hester seconded the motion.
Council Member Brenton asked
about two checks that were payments for DARE conferences. He asked if the School District shares in
these expenses. Chief Knouse stated
that the School District pay the bulk of expenses associated with the DARE
program. He said there had been a typo
on one of the two checks, which was actually for a School Resource Officer
conference. Mr. Brenton then asked
about checks 75518 and 75652, which appeared to be a duplicate payment of an
invoice. Assistant Finance Director
Kathy Goode stated that staff had discovered that one of the payments had been
made in error and had requested a credit from the vendor. As this is a vendor with which the City does
a lot of business, the credit would be applied to the City’s next invoice.
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 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. 8517.
B.
*APPEAL
OF DENIAL BY THE HISTORIC DISTRICT REVIEW COMMISSION FOR FAÇADE IMPROVEMENTS AT
42 S. MAIN STREET (HDRC CASE NO. 02-012LS(A); APPLICANT: STAR DEVELOPMENT
CORP./TIM HARRIS) – RESOLUTION
Preservation Planner Julie
Lawless stated that the Council had recently amended the historic preservation
ordinances so that major applications come forward to Council with a
recommendation from the Historic District Review Commission (HDRC). In addition, the appeals process has changed
so that it is similar to that for planning applications, coming to City Council
on appeal from the HDRC.
Ms. Lawless stated that the
question is whether the HDRC erred in denying an amendment to a Certificate of
Appropriateness issued in October 2002.
She stated that a Certificate of Appropriateness had been issued at that
time for new windows in the building at the corner of Mill and Main
Streets. In that application, the
applicant had agreed to install new windows that would match the existing
windows in design. Upon staff
inspection, it was discovered that the windows installed did not match and the
applicant filed in April for an amendment to the Certificate of Appropriateness
to allow the windows as installed. The
HDRC denied the application for an amendment, stating the application did not
meet the design guidelines.
Ms. Lawless stated that
staff had considered the effect of the windows as installed versus the window
design that was approved and had not considered the difference significant. She stated that the issue was with the ledge
and inset, which does not match the design of the existing windows.
Council Member Parker asked
about two additional windows installed on the back part of the building that
faces Mill Street. Ms. Lawless stated
that there are windows west of the doorway.
She said they are in an addition that was built in the 1950s. Mr. Parker asked if the glass section above
the long windows was to be added when the new windows were installed. Ms. Lawless said the transom windows were
not required. Mr. Parker asked for
clarification that it is only the trim on the new windows that is at
issue. Ms. Lawless said the issue was
how the trim was applied and not inset into the window to create a ledge as
with the existing windows.
Mayor Hawkins clarified that
adoption of the resolution would approve the amendment to the Certificate of
Appropriateness. He said if the
resolution did not pass, the applicant’s next appeal would be to Circuit Court. Ms. Lawless said that was correct – either
the applicant would be bound by the original Certificate of Appropriateness or
he could continue the appeal process.
Council Member Robertson
asked if the staff had indicated the windows were okay as installed. Ms. Lawless said staff had recommended
approval of the amendment to HDRC.
Council Member Brenton asked
when staff had looked at the installed windows. Ms. Lawless stated the original Certificate of Appropriateness
was approved in October 2002 but in its inspection, staff could not approve the
changes. Mr. Brenton asked if there had
been other changes. Ms. Lawless stated
the old windows had been removed and an emergency abatement had been approved administratively
by staff. The applicant had then
applied for a Certificate of Appropriateness that was approved by HDRC in
October 2002. During the inspection of
that work, the violation was found.
Mr. Brenton asked if the
applicant could have applied to amend the Certificate of Appropriateness before
installing the windows. Ms. Lawless
said he could. Mr. Brenton asked about
the two additional window sets to the west.
Ms. Lawless said they were on the non-historic portion of the building. Mr. Brenton said the windows now go from
inset to tacked on trim finish back to inset.
He said it is much more noticeable than the photos suggest. He stated in his opinion, it is a
significant difference.
Council Member Collins asked
if a layman could tell which portion of the building was historic and which was
not. Ms. Lawless said that is
subjective, but the cinder block and brick do look different.
Council Member Brenton
referenced the architect’s letter, which said the design had been altered in
the field and could have been installed as called for in the application. Mr. Brenton said it is great to have the
building fixed but HDRC works hard to keep the historic nature of these
buildings. He said the applicant did
not do what he agreed to do in his application. Mr. Brenton said he supported the decision of the HDRC because
the applicant had not gone through the process available to him. He said it looks like a hodge-podge from the
street. Mr. Brenton said the Council
needs to put teeth into its Code, because it is setting a precedent and, if it
does not, applicants will have no incentive to comply with the ordinances.
Council Member Robertson
said other portions of the architect’s letter indicate the design change is not
that significant. He stated he agreed
with Council Member Collins that the difference in design was not significant
enough to warrant making the applicant change it.
Council Member Robertson
moved to approve the amendment to the Certificate of Appropriateness. Council Member Collins seconded the motion,
which failed 3-4-0. Council Members
Martin, Hester, Parker and Brenton voted in opposition.
C. *AGREEMENT
WITH DR. BRIAN ROBB TO SERVE AS MEDICAL DIRECTOR – ORDINANCE
Fire Division Chief and EMS
Director Jim Weber reviewed State requirements for a written agreement with a
medical director for the purpose of overseeing the protocols and operations of
the ambulance service. He stated that
Dr. Brian Robb meets the qualifications and possesses the required credentials
to serve in this capacity. Division
Chief Weber stated that the director will meet monthly with the Chief of Fire
and review protocols and discuss possible improvements as appropriate. He said Dr. Robb would also coordinate
quarterly training of EMT’s and paramedics.
Compensation for this service would be $600 a month and the agreement is
for one year. He stated the expense is
a budgeted item for the Fire Department in 2003. He stated that the City will provide liability coverage for the
medical director.
Document No. 6052 was
read. Council Member Brenton moved to
waive the rules and consider the ordinance on first reading. Council Member Coe seconded the motion,
which carried unanimously.
Council Member Hester 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. 8518.
D. ACCEPTANCE
OF EASEMENTS FOR TERRACE AVENUE PHASE II PROJECT – ORDINANCE
Council Member Coe asked the
location of the Halterman easement.
Public Works/Development Services Director Steve Hansen stated he would
provide that information.
Document No. 6053 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 Hester 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. 8519.
E. AMENDMENT
TO AGREEMENT WITH BFI WASTE SERVICES OF KANSAS CITY – ORDINANCE
Mrs. Gentrup stated this is
the first of several amendments to the agreement with BFI that would be coming
forward. This addresses the recyclables
and removes glass from what is accepted in curbside recycling. It adds what is picked up at curbside
including catalogs, phone books and cardboard.
If approved, the change would be effective June 2.
Council Member Hester asked
if the new items could just be included with the newspapers. Mrs. Gentrup said that was correct. Mrs. Hester asked how residents would be
informed. Mr. Hansen stated that BFI
would inform their customers through an ad, the information would be included
in the brochure that goes to new residents and all tools available to the City,
such as the cable channel, web site and press releases would be used to get the
information to residents about the changes.
Document No. 6054 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 Martin moved
to approve the ordinance. Council
Member Hester seconded the motion, which carried unanimously. It was approved by the Chair and is
inscribed in Ordinance No. 8520.
F. CONTRACT
FOR TREE AND LIMB DEBRIS REMOVAL – ORDINANCE
Mrs. Gentrup stated that
four bids had been received on Friday and the recommendation was to go with the
second to lowest bidder. In a check of
references it was determined that the low bidder did not have much experience
with this type of project and Shawnee Mission Tree Service was familiar with
FEMA requirements and had worked to remove debris after the ice storm. Council Member Coe asked if all brush would
be removed by this vendor. Mr. Hansen
said that this vendor would work in the areas hardest hit by the tornado while
City crews would be making a single pass through all areas of the City. He said that the estimate of 30,000 cubic
yards includes 20,000 cubic yards in the most damaged areas. Mayor Hawkins asked if the estimate was
based on a per yard charge. Mr. Hansen
said the unit charge included burning the brush, which would be monitored by
the City and FEMA. Council Member Coe
asked if the cost could go up. Mr.
Hansen said any increase in cost based on volume collected would come back to
Council for a contract amendment.
Document No. 6055 was
read. Council Member Martin moved to
waive the rules and consider the ordinance on first reading. Council Member Brenton seconded the motion,
which carried unanimously.
Council Member Hester 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. 8521.
XI.
MISCELLANEOUS
MATTERS FROM CITY ADMINISTRATOR – None.
XII. MISCELLANEOUS MATTERS FROM MAYOR AND
CITY COUNCIL
Council Member Collins said he concurs with the plan
to address areas hardest hit with the debris removal, but expressed concern
about some of the debris that is now stacked at intersections and affects sight
distance.
Council Member Martin thanked the staff for the
reports updates on the damage and disaster recovery efforts.
Council Member Hester asked if the Farmer’s Market
would be at Crowley’s lot indefinitely.
Mrs. Gentrup said yes, but it is hoped the time frame would be a short
one to get the market back to the Square.
Council Member Robertson thanked the staff for its
efforts following the storm. He stated
that a business owner on the Square had spoken to him and said he believed the
City staff had done a great job in the aftermath of the storm.
XIII. ADJOURNMENT
The meeting was adjourned at 8:00 p.m.
__________________________________
Mayor
Attest:
_____________________________________