CITY COUNCIL MEETING
MINUTES
MONDAY, NOVEMBER 10, 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 November 10, 2003 with Mayor Stephen P. Hawkins presiding. Mayor Hawkins called the meeting to order at 7:04 p.m.
II. INVOCATION AND PLEDGE OF ALLEGIANCE
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 and Coni Hadden, Ward
I; Anna Marie Martin, Ward II; Lyndell Brenton and Juarenne Hester, Ward III;
and Bill Parker, Ward IV. Also in
attendance were Patty Gentrup, City Administrator; Cynthia Boecker, Assistant
City Administrator; Steve Hansen, Public Works/Development Services Director;
Craig Knouse, Police Chief; Chris Deal, Parks & Recreation Director; Gary
Birch, Fire Chief; Linda Tyree, Finance Director; Steve Anderson, Planning
& Development Manager; Donna Kay Taylor, Community Center Manager; Lyndsay
Heal, Management Assistant; Jane Sharon, Deputy City Clerk; Joe Cook, Liberty
Sun News; and 6 members of the public.
IV. APPROVE MINUTES AND SUMMARIES
A.
REGULAR SESSION
MINUTES OF OCTOBER 13, 2003
Council Member Martin moved to approve the minutes as
distributed. Council Member Hester
seconded the motion, which carried unanimously.
B.
EXECUTIVE SESSION
MINUTES OF OCTOBER 13, 2003
Council Member Hadden moved to approve the minutes as
distributed. Council Member Martin
seconded the motion, which carried unanimously.
C.
SPECIAL SESSION MINUTES
OF OCTOBER 20, 2003
Council Member Hester moved to approve the minutes as
distributed. Council Member Brenton
seconded the motion, which carried unanimously.
D.
STUDY SESSION
MEETING SUMMARY OF OCTOBER 20, 2003
Council Member Martin moved to approve the meeting
summary as distributed. Council Member
Brenton seconded the motion, which carried unanimously.
E.
STUDY SESSION
MEETING SUMMARY OF NOVEMBER 3, 2003
Council Member Hadden moved to approve the meeting
summary as distributed. Council Member
Parker seconded the motion, which carried unanimously.
V. CITIZENS’ PARTICIPATION
Jason
Faust, 403 Lightburne, stated he was speaking on behalf of his neighbors and
himself. He applauded Council’s recent
process to look at downtown but expressed concern about the need for Council to
look at homes in the historic districts, especially at 415 Wilson. He stated the
house, at the corner of Lightburne and Wilson, was in a dangerous state, with
exposure of the foundation and no front porch.
Mr. Faust stated there is no siding and you can see through the framing
into the house. He said this
deterioration occurred long before the tornado.
He said the neighbors believe the City hasn’t taken the proper steps
necessitated by City Code. Mr. Faust
stated that temporary supports added to the back of the building are just as
dangerous. He said there are children in
the neighborhood that could be harmed if they get near the house. He said it should be declared a dangerous
building. He said that, in discussions
with city staff, it had been indicated that the house could be repaired, but
there is no evidence this is being done.
He said the City could fix the porch, but there are other problems. Mr. Faust asked the Council to consider
demolishing the house. He expressed
concern that no action had been taken regarding calls from neighbors. He said this building has been a problem for
nine years and while the City says it takes money to resolve the problems,
$4,500 would be better spent in demolishing the house. He said it would be a better investment. Mr. Faust said he is trying to sell his home,
as are three other neighbors and they are having to take a loss on their homes
because of this house. He said there
would be long term effects on the neighborhood, on merchants and the tax base
if nothing is done.
Mr.
Faust asked why there hadn’t been better communication between the City and the
neighbors. He asked why the property
owner was not being held accountable. He
asked why the City was not upholding its building codes. He said the property owner has not shown
initiative.
Mayor
Hawkins said the Council could not respond to all his questions tonight, but
his comments were appreciated and noted.
Mrs. Gentrup stated that the City had been aware of this property for
some time and a review of dangerous buildings had been interrupted by the
tornado. She said a study session had
been held recently to review all such buildings and that funds had been added
to the 2004 budget for demolition.
Planning & Development Manager Steve Anderson stated that the
process can be initiated by the City. He
said this property has been considered to be marked as a dangerous building and
the ownership information was just received on May 2. He said a hearing must be held and if the
building is designated as a dangerous building, the owner is notified of
actions that must be taken. If action is
not taken within 30 days, the City can take action. He said the process is complicated by this
property being in a historic district.
Mr. Anderson stated that no houses identified after the tornado remained
on the list of dangerous buildings and there are three or four that were on the
list before the tornado that will be scheduled for hearings before the end of
the year. He said that notice of the
hearing must be given. Mr. Faust added
that he thought it was a waste of time to do anything to this building, other
than demolish it. Mrs. Gentrup said
staff would keep Council and Mr. Faust informed of its progress.
Mary
Beth and Steve Thomas, 18 E. Hurt, said they were concerned about the structure
at 38 Hurt, which had been burned in 1999 and nothing had been done to it
since. Ms. Thomas said they had been in
frequent contact with Code Enforcement Officer Laurie Brown and Steve Anderson
and did not understand why it had not been demolished by now. She said the City has the insurance money to
tear it down. Mr. Thomas said they had
been patient, but it has been four years and they want the structure down. He said it was a danger to children and
others in the neighborhood. Mr. Anderson
said this property is also on the list to be addressed. Mrs. Gentrup said staff would keep Council
and the Thomases informed about where the City was in the process, but each
situation is different. Mr. Thomas said
there is a nice home next to this structure and it is a problem. Mayor Hawkins said their concern has been registered
and attention is now being given to the problem.
Mayor
Hawkins recognized Boy Scout Jamie Thomas from Troop #374, who was present to
observe the meeting while working on his Citizenship and the Community badge.
VI. MEETING SCHEDULE
Mrs.
Gentrup stated City Hall would be closed on Tuesday, November 11, in observance
of Veteran’s Day and that there would be no study session on November 17.
A.
APPOINTMENTS
Liberty Community Christmas Tree Commission
Appoint Charlotte Evans to a term expiring 5/1/06
License Tax Review Committee
Appoint
Judy Evans to a term expiring 11/01/04
Council Member Hester moved to approve the
appointments. Council Member Brenton
seconded the motion, which carried unanimously.
VIII. PUBLIC HEARINGS – None.
A.
ACKNOWLEDGEMENT
OF VENDOR PAYMENTS FROM OCTOBER 17, 2003 THROUGH NOVEMBER 7, 2003 – ORDINANCE
Document No. 6127 was read. Council Member Hadden moved to approve the
ordinance. Council Member Martin
seconded the motion.
Council Member Martin asked about Check No. 78917 to
the Business Journal. Public
Works/Development Services Director Steve Hansen stated it was an economic
development advertisement. Mayor Hawkins
asked if the expense was budgeted. Mr.
Hansen said it was.
Mrs. Martin asked about Check No. 79076 for an
official scheduler. Parks &
Recreation Director Chris Deal stated it was for scheduling competitive youth
basketball. He said the person schedules
referees for games.
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 Brenton – yes. The motion carried unanimously; it was
approved by the Chair and inscribed in Ordinance No. 8594.
B.
FINAL PLAT FOR
CLAY MEADOWS SOUTH, 2ND PLAT, AT THE EXTENSION OF CLAYWOODS PKWY. FROM CLAY MEADOWS SOUTH, 1ST PLAT TO CLAY RIDGE – ORDINANCE (SECOND READING)
Council Member Brenton moved to amend the ordinance,
changing the stipulation to read:
The traffic signal at the intersection of Ruth Ewing Road and M-291 Hwy. must be operational and approved prior
to recording the final plat and prior to completion of the connection of Claywoods Parkway to the Clay Ridge subdivision.
Council Member Hester asked if the reference to it being prior to
issuance of permits being issued is removed in this stipulation. Mayor Hawkins said it is. Council Member Parker clarified that meant
the reference to building permits was out.
Council Member Hadden seconded the motion for the amendment. Council Member Parker asked what can delay
the signal. Mr. Hansen said the poles
and equipment appear to be the biggest problem and could delay the installation
until after the first of the year. Mr.
Parker asked if this could delay the building of the streets. Mr. Hansen said the streets could be
constructed but would be barricaded; utilities could be put in but no buildings
constructed. Mr. Parker said this is
already in place and this seems to be rewriting the agreement. He said if the developer is still in
compliance, he supports the original stipulation. Council Member Brenton said the warrant for
the signal was issued in 1999 and, much like the citizens speaking earlier
about dangerous buildings, he wanted to know why it has taken so long. He said if the developer proceeds as required,
there shouldn’t be a problem. He said
the other way, the developer could sell lots without the light being
operational. He said if this were six
months behind, or there were inventory problems, he might not be proposing this
change, but it is incumbent upon Council to do all it can. Mr. Brenton said he doesn’t want someone
asking why permits can’t be pulled. This
stipulation places the responsibility on the developer.
Council Member Collins said if this ordinance was
passed with the original stipulation, no one could move in without the signal
being operational. He said this is
preventing the builder from profiting and he is in favor of the ordinance with
the original stipulation. Council Member
Hadden asked Mr. Collins if he was saying he didn’t want the builders to
build. Mr. Collins said he didn’t want
the added traffic until the signal was in.
Council Member Parker said they can’t build houses because they can’t
pull permits. He said he already hears
that the City is hard to deal with and, while he also wants the light to go in
as soon as possible, he believes the intent was stated in what was originally
proposed. He said he was not in favor of
this stipulation.
Mayor Hawkins suggested that, if the previous comment was that the
Council should rely on the letter of intent agreed to by the developer that
even the original stipulation shouldn’t be necessary. He said that, to get the signal in place, the
first stipulation was not effective. He
said the developer can sell lots and with this stipulation the developer is
held accountable. Council Member Parker
said builders would not buy lots they couldn’t build on. Council Member Hester said this places more
of the burden on the developer where the leverage should be. She said even if the signal is on schedule
now, that doesn’t mean it will be later.
Council Member Martin said the burden that no signal places on the
residents should be the Council’s concern.
The motion to amend the ordinance carried 4-2-0. Council
Members Collins and Parker voted in opposition.
Document No. 6126 was read. Council
Member Hadden moved to approve the ordinance.
Council Member Martin seconded the motion. Council Member Parker asked for clarification
that this ordinance was now being voted on with the amended stipulation. Mayor Hawkins said that was correct. The motion carried unanimously; it was
approved by the Chair and is inscribed in Ordinance No. 8595.
C.
2003 OVERLAY
PROJECT
1. FINAL AMENDMENT TO
CONTRACT WITH SUPERIOR BOWEN ASPHALT IN THE AMOUNT OF $95,086.56 – ORDINANCE
Document No. 6128 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 Hester 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. 8596.
2. ACCEPTANCE OF OVERLAY
PROJECT – RESOLUTION
Council Member Martin moved to approve the resolution. Council Member Hester seconded the motion,
which carried unanimously and is inscribed in Resolution No. 2149.
D.
DISCLAIMING AND
ABANDONING SANITARY SEWER EASEMENTS FOR DUNCAN FIELDS – ORDINANCE
Document No. 6129 was read.
Council Member Brenton moved to waive the rules and consider the
ordinance on first reading. Council
Member Hadden seconded the motion, which carried unanimously.
Council Member Hester 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. 8597.
E.
CONTRACT WITH
COMMERCIAL WATERPROOFING IN THE AMOUNT OF $10,823.00 FOR PREPARATION AND
SEALING OF ANIMAL SHELTER RUNS – ORDINANCE
Mrs. Gentrup stated that this is a project needed to comply with
requirements of the State Division of Animal Health. Council Member Hadden asked how often the
state inspects the animal shelter.
Police Chief Craig Knouse said it is an annual review. Mrs. Hadden asked if this has been mentioned
before as a problem. Chief Knouse said
it has to be done every so often because it has a porous surface.
Council Member Martin asked if the adjoining room would have to be done
later. Chief Knouse said it would not
because the cat cages are up off the floor.
Document No. 6130 was read.
Council Member Hadden moved to waive the rules and consider on first
reading. Council Member Martin seconded
the motion, which carried unanimously.
Council Member Hester 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. 8598.
F.
*OUTDOOR FOUNTAIN
POOL AT COMMUNITY CENTER
Community Center Manager Donna Kay Taylor reviewed the expansion
project for the community center, noting that the work had been substantially
completed by the target date of September 30.
She stated that both J.E. Dunn Construction and WRS Architects staff had
worked well with City staff and the work had been completed with as little
impact on patrons as possible. Ms.
Taylor talked about the expansion of meeting room space with a state-of-the-art
sound system, an expanded fitness room, theatre improvements, a new front
control desk and administration work space.
She said the game room had been expanded, new paint and insulation added
in the gym and the concessions moved to the lower floor. New lockers had been added and the pools had
been re-caulked. Tile had been added in
the showers and substantial new landscaping had occurred.
Ms. Taylor said that, with J.E. Dunn’s portion of the project now
completed, use of the contingency funds is being proposed for repair of the
outdoor fountain pool. She said the
project team had met to propose a solution to an ongoing problem prompting
frequent repairs to this area. She
stated the vendor had worked with the Parks Department for many years and could
do the work needed for a long-term solution to the problem. System Controls has also worked with the City
for a long time and can handle the electrical portion of the project. She stated that all the controls will be
relocated so that they are within 20-25 feet of the pool. For a long time they have been more than a
100 feet away. She said this should
eliminate some future expenditures, by fixing the problem on a more long-term
basis.
Council Member Hester asked if the vendor is certain this will fix the
problem. Ms. Taylor said that, by moving
the controls closer, there are fewer shifting pipes to cause problems. Mrs. Hester asked if the fence and awning
were part of the original project. Ms.
Taylor said they were new. Mrs. Hester
asked if staff was sure all that needed to be paid out of the contingency funds
had been identified. Ms. Taylor said
they were.
Council Member Collins asked if this vendor had done the original
work. Ms. Taylor said no. Mr. Collins asked who was responsible for stabilizing
the fill. Mr. Deal said it had not been
a problem for years at which time the work was out of warranty. Mr. Collins asked if it was compacted when filled. Mr. Hansen said it was not, but soil used as
fill is not always compatible and an inspection wouldn’t necessarily pick this
up.
1. CONTRACT WITH
COMMERCIAL AQUATIC SERVICES IN AN AMOUNT NOT TO EXCEED $59,000.00 FOR REPAIRS –
ORDINANCE
Document No. 6131 was read. Council Member Hadden moved to waive the
rules and consider the ordinance on first reading. Council Member Hester seconded the motion,
which carried unanimously.
Council Member Hester 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. 8599.
2. CONTRACT WITH SYSTEM
CONTROLS IN THE AMOUNT OF $16,364.00 FOR ELECTRICAL SERVICES – ORDINANCE
XI.
MISCELLANEOUS
MATTERS FROM CITY ADMINISTRATOR
Mrs.
Gentrup congratulated Deputy City Clerk Jane Sharon on receiving her Certified
Municipal Clerk designation. She said
Ms. Sharon’s participation in the education programs of the clerk’s
associations had been helpful in performing her clerk duties.
XII.
MISCELLANEOUS
MATTERS FROM MAYOR AND CITY COUNCIL
Council
Member Hester asked about the target for getting the Square lights up. Council Member Hadden said that the downtown
merchants were hoping to be able to attach holiday banners and were wondering
about the timing. Mrs. Gentrup said they
had been in touch with staff. Council
Member Parker asked if any additional plans had been made to expand the
lighting out from the Square. Mrs.
Gentrup said the lights on the Square had been authorized in a discussion right
after the May 4 tornado, but staff had been asked to come back to Council with
alternatives for expanding beyond the Square.
She said it could be revisited.
Mr. Parker said that companies might not be as likely to move away if
the Square lighting extended to include those on the perimeter. Mayor Hawkins said the essence of the Square
could be extended to the merchants on the outskirts.
Council
Member Hester asked about the shortest period of time in which a dangerous
building could be addressed. Mr.
Anderson said that the building at 38 Hurt was simpler. He said that once a building is designated as
a dangerous building, 30 days are given for action to be taken by the property
owner. At the end of that time, the City
can act. Mayor Hawkins said even that
action sets up due process requirements that can take years, in some
cases. He said the courts are
protective.
Council
Member Hester asked if the house at 415 Wilson is occupied.
Mr. Anderson said it is from time to time, but the property owner
travels extensively and is difficult to contact.
XIII. ADJOURNMENT
The
meeting adjourned at 8:19 p.m.
__________________________________
Mayor
Attest:
_____________________________________
Deputy
City Clerk