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CITY COUNCIL MEETING

MINUTES

MONDAY, APRIL 12, 2004

 

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 April 12, 2004 with Mayor Stephen P. Hawkins presiding.  Mayor Hawkins called the meeting to order at 7:02 p.m.

 

II.         INVOCATION AND PLEDGE OF ALLEGIANCE

 

The invocation was given by Council Member Coni Hadden, 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; Juarenne Hester, Ward III; and Jim Robertson, Ward IV.  Also in attendance were Cynthia Boecker, Assistant City Administrator; Steve Hansen, Public Works Director; Donna Kay Taylor, Community Center Manager; Linda Tyree, Finance Director; Kathy Goode, Assistant Finance Director; Marcella McCoy, Assistant Finance Director; Diana Adams, Financial Analyst; Dee Mizell, Financial Analyst; Gary Birch, Fire Chief; Bill Riley, Deputy Fire Chief; Paul Brooksher, Fire Division Chief; Craig Knouse, Police Chief; Sheila Costanza, Communications Supervisor; Mike McGregor, Communications Officer; Steve Anderson, Planning & Development Director; Pat Childers, Building Inspections Manager; Dale Gilbreath, Building Inspector; Julie Lawless, Preservation Planner; Mary Towse, Human Resources Director; Tony Sage, Information Services Manager; Lyndsay Heal, Management Assistant; Jane Sharon, Deputy City Clerk; Angie Borgedalen, Liberty Tribune; Joe Cook, Liberty Sun News; and 7 members of the public.

 

IV.       APPROVE MINUTES AND SUMMARIES

 

A.                 REGULAR SESSION MINUTES OF MARCH 22, 2004

 

Council Member Martin moved to approve the minutes as distributed.  Council Member Hadden seconded the motion, which carried 5-0-1.  Council Member Robertson abstained due to absence.

 

B.                 EXECUTIVE SESSION MINUTES OF MARCH 22, 2004

 

Council Member Hadden moved to approve the minutes as distributed.  Council Member Hester seconded the motion, which carried 5-0-1.  Council Member Robertson abstained due to absence.

 

V.        CITIZENS’ PARTICIPATION

 

A.                 PROCLAMATION FOR BUILDING SAFETY WEEK

 

Mayor Hawkins read the proclamation for Building Safety Week and presented it to Building Inspection Manager Pat Childers and Building Inspector Dale Gilbreath.

 


B.         PROCLAMATION FOR PUBLIC SAFETY TELECOMMUNICATIONS WEEK

 

Mayor Hawkins read the proclamation for Public Safety Telecommunications Week and presented it to Communications Supervisor Sheila Costanza and Communications Officer Mike McGregor.

 

C.         PRESENTATION OF GFOA AWARD TO FINANCE DIRECTOR

 

Mayor Hawkins commented on the history of the GFOA award being presented to the City of Liberty for its Comprehensive Annual Financial Report.  He expressed appreciation to the staff for its efforts in securing this prestigious award, which reflects a City exhibiting good stewardship and accounting of City funds.  He presented the 2002 award to Finance Director Linda Tyree, Assistant Finance Director Kathy Goode, Assistant Finance Director Marcella McCoy, Financial Analyst Diana Adams and Financial Analyst Dee Mizell.

 

D.        Rob Siebolt, 325 Ford Street, stated that he has been in conversations with various City staff regarding the address of his house.  He stated there is a problem because no one can find his house from Ford Street.  He said the right of way is not maintained to his house and Ford Street is only 10 ft. wide at one point.  Mr. Siebolt proposed addressing his house off Arthur Street, giving it an address of 310 Arthur Street.  He said that would be the approximate address if you came to his house from the other direction.  He stated that neither trash trucks nor public safety vehicles can make it through on Ford Street.  He noted that he doesn’t want to start a dispute with his elderly neighbor with an issue in which he has no legal standing.  He said he had visited with the mayor about this issue and the mayor had indicated he could not find the address on Ford Street.  Mr. Siebolt said he realized this would have to be revisited when the property next to him changed hands, but this would temporarily resolve his problem.  He said Ford Street is not marked, it is dark and there are parked cars obstructing it and he would like the address changed.

 

Council Member Coe asked if the house faces east, why it wouldn’t be addressed off Lincoln Street.  Mr. Siebolt stated that his is the white house behind Cody’s and his legal description says it is in contact with the alley, not Lincoln Street.  He noted he has to work out any address with BFI to get trash service and that he currently takes his trash to Lincoln Street for pick up.

 

Mayor Hawkins asked staff to put together information for Council review.

 

E.         Mayor Hawkins recognized Boy Scout Colin Starner, with Troop 376, observing the Council meeting as part of his Citizenship and the Community badge requirements.

 

VI.       MEETING SCHEDULE

 

Assistant City Administrator Cynthia Boecker stated there would be three items on the April 19 study session:  the Direction Finder survey results; the downtown visioning process; and the West Interceptor sewer repairs.

 

VII.      CONSENT AGENDA – None.

 

VIII.     PUBLIC HEARINGS – None.

 

IX.       ORDINANCES, CONTRACTS AND RESOLUTIONS

 


A.        ACKNOWLEDGEMENT OF VENDOR PAYMENTS FROM MARCH 19, 2004 THROUGH APRIL 9, 2004 – ORDINANCE

 

Council Member Robertson requested that check no. 81637 be removed and voted on separately.

Council Member Martin asked why card center payments for conference and airfare and training travel for the same purpose were charged to different account categories.  Finance Director Linda Tyree indicated that some had been paid through police and the rest through administration and the information services budget.  The costs were associated with training for the public safety dispatch system.

 

Document No. 6193 was read.  Council Member Martin moved to approve the ordinance.  Council Member Hester seconded the motion.

 

Vote on the motion was as follows:  Council Member Collins – yes; Council Member Martin – yes; Council Member Hester – yes; Council Member Hadden – yes; Council Member Coe – yes; Council Member Robertson – yes.  The motion carried unanimously; it was approved by the Chair and inscribed in Ordinance No. 8659.

 

Council Member Hadden moved to approve check no. 81637.  Council Member Martin seconded the motion.

 

Vote on the motion was as follows:  Council Member Collins – yes; Council Member Martin – yes; Council Member Hester – yes; Council Member Hadden – yes; Council Member Coe – yes; Council Member Robertson – abstain.  The motion carried 5-0-1 with Council Member Robertson abstaining due to a potential conflict of interest; it was approved by the Chair.

 

B.         *APPEAL OF HDRC DECISION TO DENY CASE NO. 04-003J, REPLACEMENT OF AN ICE DOOR AT 213 NORTH LIGHTBURNE, JEWELL DISTRICT – RESOLUTION

 

Preservation Planner Julie Lawless stated this is an appeal of a decision by the Historic District Review Commission (HDRC) pertaining to denial of a certificate of appropriateness for the replacement of an ice door at 213 North Lightburne in the Jewell Historic District.  She stated that this is an early 20th century bungalow with an ice door, once used to facilitate delivery of ice for an ice chest in the house.  She noted that modern conveniences have made these doors unnecessary.

 

Ms. Lawless stated that the applicant, while working on an interior renovation, had glass blocks installed where plywood had replaced the original ice door.  After the installation of the glass blocks, it came to the attention of City staff and the applicant was informed of the need for a certificate of appropriateness with any exterior alteration.

 

Ms. Lawless stated the HDRC, staff and the applicant agreed at a March 22 HDRC regular session that the location of the door didn’t lend itself  to maintaining it as an opening, due to safety and insulation issues.  She noted that materials used to replace existing architectural features should match the original material in size, shape, color and texture, however, standards for analyzing the potential impact of an application on the character of a building also state that contemporary design should not be discouraged if the design is compatible with the structure.  Ms. Lawless showed interior and exterior view photographs and noted the location of the door was well below standard window height and not visible from the street.

 


Ms. Lawless stated that the HDRC denied the application, due to the glass block deterring too far from the materials used in the rest of the exterior and directed staff to approve an alternate application for either a wood mock door or the infill of the space with siding.  Staff found that the guidelines on contemporary design adequately addressed the use of glass block because the material was chronologically contemporary with the building’s construction and infill with siding would cover an important historical detail on the house.  She stated that staff had, therefore, found that a substitute to the actual door was appropriate.

 

Council Member Collins stated that he went to the residence this afternoon and had to go between the tree line and the road and the section of the house with the glass block was still hard to see.  He thought it looked quite nice and saw no reason to deny it.  Council Member Hadden asked if the original framing was still in place.  Ms. Lawless said it was.  Mrs. Hadden asked if the glass blocks were representative of what was there with the ice door in it.  Ms. Lawless said it was and, if allowed to remain, the applicant intended to add hinges to the glass blocks to appear more like a door.  Council Member Martin stated that she did not see any reason to reject the glass blocks.  Council Member Robertson stated he tried to see the area of the house that had been altered and couldn’t see it without going into the yard of the house from the side.  He stated it doesn’t noticeably change the appearance of the house and therefore should be approved.  Council Member Hadden stated that glass blocks are innovative and she liked the idea of displaying the original use.  She said she was completely in favor of the use.

 

Mayor Hawkins clarified that, by passing the resolution, Council would be approving a certificate of appropriateness for the existing replacement of the ice door.

 

Council Member Hadden moved to approve the resolution.  Council Member Martin seconded the motion, which carried unanimously and is inscribed in Resolution No. 2161.

 

Council Member Martin stated she would like for the City to work on getting the word out to home owners in historic districts about the requirements for certificates of appropriateness in these instances.  Ms. Lawless stated that staff is currently working on a newsletter.

 

C.         CONTRACT FOR CONSTRUCTION OBSERVATION AND MATERIALS TESTING WITH GEOTECHNOLOGY, INC. PERTAINING TO SOUTH LIBERTY PARKWAY IN AN AMOUNT NOT TO EXCEED $70,995 – ORDINANCE

 

Document No. 6194 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 Coe moved to approve the ordinance.  Council Member Robertson seconded the motion, which carried unanimously.  It was approved by the Chair and is inscribed in Ordinance No. 8660.

 

D.        PURCHASE OF DUMP TRUCK

 

Ms. Boecker stated that the City had received bids that included a loan and consideration had been delayed until other lease options were reviewed.  She stated that a lower interest rate was available from Commerce Bank, which was now being presented to Council for approval.

 


1.         PURCHASE OF DUMP TRUCK FROM KCR INTERNATIONAL IN THE AMOUNT OF $77,556 – MOTION

 

Council member Martin moved to approve the purchase.  Council Member Hester seconded the motion.  Council Member Coe asked if this was the 3-axle truck that had been discussed earlier.  Public Works Director Steve Hansen said it was not.  The motion carried unanimously.

 

2.         LEASE PURCHASE AGREEMENT WITH COMMERCE BANK, NA – ORDINANCE

 

Document No. 6195 was read.  Council Member Coe moved to waive the rules and consider the ordinance on first reading.  Council Member Hadden seconded the motion, which carried unanimously.

 

Council Member Martin moved to approve the ordinance.  Council Member Robertson seconded the motion, which carried unanimously.  It was approved by the Chair and is inscribed in Ordinance No. 8661.

 

E.         ACKNOWLEDGEMENT OF CABLE FRANCHISE TRANSFER OF CONTROL – RESOLUTION

 

Ms. Boecker stated that the City had received notice of a transfer of ownership with the cable franchise and has 120 days to take action.  She stated that staff worked with legal counsel and recommends approval conditioned upon resolution of the three stated issues.

 

Council Member Hester asked what happens if the cable company does not agree to the City’s terms.  Management Assistant Lyndsay Heal stated that nothing would happen immediately.  Mayor Hawkins asked if this protects the City’s right to take action in the future.  Ms. Heal said that was correct.  Council Member Martin asked why the cable company did not want to comply.  Ms. Heal stated that the insurance issue had been addressed, but the company does not believe it should have to provide a new letter of credit under the new ownership, since Time Warner Cable is the franchise applicant.  The company does not want to pay the City’s legal fees associated with reviewing the transfer, even though it is a condition of the franchise.  Mrs. Martin asked how much the fees were.  Ms. Heal estimated them at $1,000.

 

Council Member Collins asked who owns the franchise.  Ms. Heal stated that Kansas City Cable is owned 50% by Time Warner and 50% by Comcat, Kansas City Cable Partners is going to merge with Texas Cable Partners under the KCCP Trust.

 

Council Member Robertson moved to approve the resolution.  Council Member Hester seconded the motion which carried unanimously and is inscribed in Resolution No. 2162.

 

F.         PURCHASE OF SOFTWARE MAINTENANCE FOR GIS FROM ESRI, INC. IN THE AMOUNT OF $7,569.86 – ORDINANCE

 

This item was removed from the agenda without objection for clarification of whether an ordinance or motion was required.

 


G.         AGREEMENT WITH DR. BRIAN ROBB FOR MEDICAL DIRECTOR SERVICES – ORDINANCE

 

Council Member Hester asked if a specific number of hours are required in this agreement.  Deputy Fire Chief Bill Riley stated that responsibilities are identified and Dr. Robb and he have met to discuss the schedule.  Council Member Martin asked how often reports are reviewed.  Chief Riley stated they are reviewed continually by the medical director and a group meets every other month.

 

Document No. 6196 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 Coe moved to approve the ordinance.  Council Member Hadden seconded the motion, which carried unanimously.  It was approved by the Chair and is inscribed in Ordinance No. 8662.

 

H.        FIRE DEPARTMENT

 

Council Member Martin asked how the apparatus works and why the system is so expensive.  Division Fire Chief Paul Brooksher stated that the filters and the emissions particle trap are connected to switches and fans so that exhaust is removed from the bays when the vehicles are running.  Mrs. Martin asked how long they can run once the system is in.  Chief Brooksher stated they could run 24 hours a day, if necessary.

 

1.         ACCEPTANCE OF FEMA FIREFIGHTER SAFETY GRANT – RESOLUTION

 

Council Member Robertson moved to approve the resolution.  Council Member Martin seconded the motion, which carried unanimously and is inscribed in Resolution No. 2163.

 

2.         AGREEMENT FOR PURCHASE AND INSTALLATION OF EXHAUST SYSTEM AT CITY FIRE STATIONS FROM AIR CLEANING TECHNOLOGIES IN AN AMOUNT NOT TO EXCEED $76,150.00 – ORDINANCE

 

Document No. 6197 was read.  Council Member Martin moved to waive the rules and consider the ordinance on first reading.  Council Member Hadden seconded the motion, which carried unanimously.

 

Council Member Martin moved to approve the ordinance.  Council Member Hadden seconded the motion, which carried unanimously.  It was approved by the Chair and is inscribed in Ordinance No. 8663.

 

Council Member Hester asked, once installed, if there would be any continuing expense to operate the system.  Chief Brooksher said there would not.

 

I.          AMENDMENT TO CONTRACT WITH COMMERCIAL AQUATIC SERVICES IN THE AMOUNT OF $9,000 FOR OUTDOOR FOUNTAIN POOL REPAIR – ORDINANCE

 

Ms. Boecker stated that the contractor working on the pool repairs had identified a problem associated with the original construction and installation.  She stated that Council had been advised the city administrator approved emergency repairs which are in the process of being completed.

 

Document No. 6198 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 Hester seconded the motion.  Council Member Hadden asked if there was a possibility of going back to the original installer.  Community Center Manager Donna Kay Taylor said the original company had been bought out and its successor is now defunct.  The motion carried unanimously; it was approved by the Chair and is inscribed in Ordinance No. 8664.

 

Council Member Hester asked if the repairs would be completed before the beginning of the swimming season.  Ms. Taylor said they were expected to be completed no later than mid-May.  Mayor Hawkins asked if the concrete had to be broken up in order to make the repairs.  Ms. Taylor said it did.

 

X.         OTHER BUSINESS

 

A.        CERTIFICATION OF APRIL 6, 2004 ELECTION RESULTS – MOTION

 

Council Member Coe moved to accept the election results.  Council Member Hadden seconded the motion, which carried unanimously.

 

B.         LEASE AGREEMENT WITH OFFICE BUSINESS SOLUTIONS FOR FIRE DEPARTMENT PHOTOCOPIER – MOTION

 

Ms. Boecker stated this is a lease similar to those approved by Council earlier for the administration and finance departments.  She stated this would provide a way to produce copies more efficiently and would be more economical to operate than the current copier.

 

Council Member Coe moved to approve the lease.  Council Member Martin seconded the motion, which carried unanimously.

 

C.         NETWORK EQUIPMENT PURCHASE

 

Ms. Boecker stated the vendor that had been awarded the bid at the March 22 meeting for network equipment increased its price when it realized it had bid on only one system instead of two.  This made Midwest Technology Connection the new low bidder.  It is recommended that the previous award be revoked and the new low bid be accepted.

 

1.         REVOCATION OF BID AWARD TO ALEXANDER OPEN SYSTEMS – MOTION

 

Council Member Martin moved to revoke the bid award to Alexander Open Systems.  Council Member Hadden seconded the motion, which carried unanimously.

 

2.         APPROVAL OF BID FROM MIDWEST TECHNOLOGY CONNECTION IN THE AMOUNT OF $14,512 – MOTION

 

Council Member Hadden moved to award the bid to Midwest Technology Connection.  Council Member Martin seconded the motion, which carried unanimously.

 

XI.               MISCELLANEOUS MATTERS FROM CITY ADMINISTRATOR

 

Ms. Boecker reminded Council of the upcoming Incorporation Day events on May 7.  She also noted that the city administrator would return to the office on Wednesday.

XII.            MISCELLANEOUS MATTERS FROM MAYOR AND CITY COUNCIL

 

Council Member Hester encouraged Council to note the May 7 date on their calendars.  She stated that among the Incorporation Day activities would be a reenactment of the petition being presented to the court.  Council members will serve as petitioners in the reenactment and present the petition to the court in the Council Chambers.  She also reminded Council of a reception for book donors scheduled for May 8.

 

Mrs. Hester said she had received a complaint about traffic on Wellington from residents.  She said it is becoming a problem again.

 

Council Member Martin asked if any work had been done at 317 Gallatin.  Planning & Development Director Steve Anderson stated that staff had reengaged the property owners last week.  Mrs. Martin asked if there had been any resolution to the property next door to this one.  Mr. Anderson said windows had been installed.

 

Council Member Collins stated that Ridgeway, north of Nashua needs the street sweeper to make a pass.

 

Mayor Hawkins expressed concern about the prevalence of election signs in the right-of-way during the recent election when issues only were on the ballot.  He said the City needs to enforce its sign regulations uniformly, whether for candidate elections or ballot issues elections.  Mr. Anderson stated that staff had been in communication with the School District as soon as the signs were discovered.  He said it took a few days to get the signs moved because of the number of individuals involved with putting them up.

 

Council Member Coe asked about the inflated eagle atop a bank in Liberty last weekend.  Mr. Anderson said it was in violation of City Code, but there is no enforcement available on the weekends.

 

XIII.     ADJOURNMENT

 

            The meeting adjourned at 8:08 p.m.

 

 

 

                                                                                                __________________________________

Mayor

Attest:

 

 

 

_____________________________________

Deputy City Clerk