CITY COUNCIL MEETING
MINUTES
MONDAY, AUGUST 13, 2007
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 August 13, 2007 with Mayor Robert T. Steinkamp presiding. Mayor Steinkamp called the meeting to order
at 7:00
p.m.
II. INVOCATION AND PLEDGE OF ALLEGIANCE
The invocation was given by Council Member Anna Marie
Martin who then led the pledge of allegiance.
III. ROLL CALL
Roll
call was answered by Paul Jenness and Harold Phillips, Ward I; Anna Marie
Martin and Greg Duncan, Ward II; Lyndell Brenton and John Parry, Ward III; and
Fred Foster and Nick King, Ward IV. Also
in attendance were Curt Wenson, City Administrator; Cynthia Boecker, Assistant
City Administrator; Craig Knouse, Police Chief; Gary Birch, Fire Chief; Linda
Tyree, Finance Director; Diana Adams, Special Project Manager; Steve Hansen,
Public Works Director; Steve Anderson, Planning & Development Director;
Tony Sage, Information Services Director; Shawnna Funderburk, Assistant to the
City Administrator; Jane Sharon, Deputy City Clerk; Angie Borgedalen, Liberty
Tribune and 21 members of the public.
IV. APPROVE
MINUTES AND SUMMARIES (SEE CONSENT AGENDA)
A. SPECIAL SESSION MINUTES OF JULY 30, 2007
Council Member King moved to approve the minutes as
distributed. Council Member Martin
seconded the motion, which carried 6-0-2.
Council Member Lyndell Brenton and Council Member Paul Jenness abstained
due to absence.
V. CITIZENS’ PARTICIPATION
Mayor
Steinkamp recognized the following boy scouts from Troop 374 in attendance at
the meeting: Patrick Shay; Devin Meyer;
Dexter Meyer; Jay Seward; Austin Landrum; and Chad Lee. Troop Leaders Dan Meyer and Mike O’Neil were
also in attendance. Mayor Steinkamp
noted that the troop is getting ready to celebrate its fiftieth anniversary and
is chartered by the First Presbyterian Church of Liberty.
Fay
Bedinger, 232 W. Franklin, stated she was present to again ask the Council to
fix Kansas and Franklin streets as well as the alleys in her
neighborhood. She stated that going back
to brick was not a good idea because they are rough and uneven. Mrs. Bedinger stated she read an article
about the mayor and thought it was very good, but questioned what his position
would be if his property was being considered for tax increment financing.
Nancy
Mose, 1452 Circle Drive, stated she represented many residents in Brookview Gardens and presented a petition on their behalf opposing
opening the gate from the high school onto Circle Drive in all but emergency
conditions. She stated the streets in
the neighborhood of 83 homes are not designed for bus traffic. Mrs. Mose asked for the City Council minutes
to reflect the residents’ opposition to the plan proposed by the School District. She asked
that the gate be opened only for emergency and fire purposes only and that the
gate remain closed once the new high school is opened.
Jeanne
Johnson, 252 West Kansas, stated that she is an officer with the Dougherty
Historic group and expressed appreciation to the City Council for its efforts
to uncover the brick on the streets. She
stated with the City’s limited funds, her group believes the look of the brick
on the streets is appropriate for an historic neighborhood and might cost less
than overlay as a solution to improving the streets’ condition.
Pat
Miller, 1955
Kings Highway,
asked the City Council to consider letting people speak at study sessions. Even with a three-minute limit, it would
offer citizens an opportunity for input before the Council considers issues and
takes formal action, when many on the Council have already made up their minds.
Doris
Zehe-Swank, 416 West Franklin, thanked the City Council and staff for undertaking
the wonderful experiment of exposing the brick streets. She stated that with New Town coming, there
is a need to have something historic to attract people, such as what is used in
St. Charles. She stated
the brick streets are worth trying.
VI. MEETING SCHEDULE
A.
SPECIAL SESSION
MINUTES OF JULY 23, 2007
Council Member King moved to approve the minutes as
distributed. Council Member Martin
seconded the motion, which carried unanimously.
B. EXECUTIVE SESSION MINUTES OF JULY 23, 2007
Council Member King moved to approve the minutes as
distributed. Council Member Martin
seconded the motion, which carried unanimously.
C. REGULAR SESSION MINUTES OF JULY 23, 2007
Council Member King moved to approve the minutes as
distributed. Council Member Martin
seconded the motion, which carried unanimously.
D. STUDY SESSION SUMMARY OF AUGUST 6, 2007
Council Member King moved to approve the minutes as
distributed. Council Member Martin
seconded the motion, which carried unanimously.
E. APPOINTMENTS
Liberty Arts Commission
Appoint Juarenne Hester to a term
expiring 5-15-2009
Liberty Housing Authority
Appoint Dave Anderson to a term
expiring 7-1-2010
Council Member King moved to approve the
appointments. Council Member Martin
seconded the motion, which carried unanimously.
VIII. PUBLIC HEARINGS
IX. ORDINANCES,
CONTRACTS AND RESOLUTIONS
A. ACKNOWLEDGEMENT
OF VENDOR PAYMENTS FROM JULY 13, 2007 THROUGH AUGUST 3, 2007 – ORDINANCE
Council Member Brenton requested that Check Number
105015 be removed and voted on separately.
Document No. 6715 was read. Council Member King moved to approve the
ordinance. Council Member Phillips
seconded the motion.
Council Member Martin asked about a check to Sparks
Welding for repair of a batwing. Assistant City Administrator Cynthia Boecker stated that was a mower
used by the Parks Department.
Council Member Parry asked about the check to MARCIT
for workers’ compensation premium. Ms.
Boecker stated the premium is based on the employee total benefit and
classification. An office worker would
have a different rating and therefore a different premium than a Parks’
maintenance crew member, for example.
Mr. Parry asked for the City’s workers’ compensation history. Ms. Boecker stated that could be
provided. Mr. Parry asked what the
casualty premium covers. Ms. Boecker
stated it covers damage to property and includes lawsuits and claims.
Council Member Parry asked about a payment to Commerce
Bank for team travel expense. Finance
Director Linda Tyree stated some cash prizes are awarded in the tournaments and
they may also be reimbursed for a part of the team’s travel expense. Mr. Parry asked if the City gets money back
for the souvenirs. City Administrator
Curt Wenson stated it does and a report on the Super Series could be provided.
Council Member Parry asked what percentage of City
phones is with Verizon versus Cingular.
Information Services Director Tony Sage stated that the City uses a
number of vendors and some are due to the vendor co-locating antennae on City
property. Verizon payments also cover
web access.
Council Member Parry asked why the premium payment to
Blue Cross Blue Shield was higher than what was paid to United Healthcare. Ms. Tyree stated it is likely due to a
difference in the number of employees or coverage selected, but she would
provide an answer after checking into it.
Vote on the motion was as follows: Council Member Phillips – yes; Council Member
Martin – yes; Council Member Brenton – yes; Council Member Foster – yes;
Council Member Jenness – yes; Council Member Duncan – yes; Council Member Parry
– yes; Council Member King – yes. The
motion carried unanimously; it was approved by the Chair and inscribed in
Ordinance No. 9175.
Council Member Martin moved to approve check number
103015. Council Member Phillips seconded
the motion.
Vote on the motion was as follows: Council Member Phillips – yes; Council Member
Martin – yes; Council Member Brenton – abstain, due to a potential conflict of
interest; Council Member Foster – yes; Council Member Jenness – yes; Council
Member Duncan – yes; Council Member Parry – yes; Council Member King – yes. The motion carried 7-0-1; it was approved by
the Chair and inscribed in Ordinance No. 9175.
B. LICENSE
AGREEMENTS WITH RAILROADS FOR CONDUIT CROSSING - H HIGHWAY WATERMAIN -
ORDINANCE
1. AGREEMENT
WITH BNSF RAILROAD - ORDINANCE
Document No. 6716 was read. Council Member Martin moved to waive the
rules and consider the ordinance on first reading. Council Member Phillips seconded the motion,
which carried unanimously.
Council Member Phillips 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. 9176.
2. AGREEMENT
WITH ICE RAILROAD - ORDINANCE
Document No. 6717 was read. Council Member King moved to waive the rules
and consider the ordinance on first reading.
Council Member Martin seconded the motion, which carried unanimously.
Council Member Phillips 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. 9177.
C.
CONTRACT FOR
CONSULTANT SERVICES (LOCAL RECORDS PRESERVATION PROGRAM GRANT) WITH MAUREEN A. MCDONNELL
NOT TO EXCEED $6,123.00 – ORDINANCE
Document No. 6718 was read. Council Member Phillips moved to waive the
rules and consider the ordinance on first reading. Council Member Martin seconded the motion,
which carried unanimously.
Council Member Jenness moved to approve the
ordinance. Council Member Martin
seconded the motion.
Council Member Martin asked about the timing of the
project. Deputy City Clerk Jane Sharon
stated that the grant year is through June 2008 and it is anticipated that, if
not completed, significant progress on a records inventory and development of a
city retention schedule would be completed by that time. Mrs. Martin asked if additional grants would
be sought. Ms. Sharon stated that the
City would continue to seek grant funds to assist with the records management
project as needed.
The motion carried unanimously. It was approved by the Chair and is inscribed
in Ordinance No. 9178.
D. VIDEO SERVICES PROVIDERS
Assistant to the City Administrator Shawnna Funderburk
reviewed legislation set to go into effect August 28, 2007, which was proposed by AT&T, abolishing local
cable franchise regulations. AT&T
wanted to be able to provide video service without being bound by franchise
agreements with individual cities. When
municipalities objected, AT&T was able to get existing cable providers on
board in supporting the legislation.
City franchise agreements with video service providers are no longer
required under the new law. Ms.
Funderburk stated that the new law does permit cities to retain some regulation
such as landscaping in rights-of-way, which is what the proposed amendment to
the Unified Development Ordinance (UDO) addresses.
The amendment to Chapter 7 adds video service
providers to those required to submit fees, proposed at 5% of gross
revenues. The State law caps this
percentage at five percent. According to the new statute, cities must
claim their rights and the proposed amendment to the City Code establishes the
City’s rights related to video service providers operating in Liberty. The proposed
amendment to Chapter 30 (the UDO) addresses placement and buffering of boxes in
City rights-of-way.
Ms. Funderburk noted that several issues have not yet
been addressed, such as Public Education Government (PEG) channels; the effect
of box placement on property values and local emergency override access. The law calls for 40 hours weekly original
programming. This may be extremely
costly, though the City is exploring options to stream video on the Internet. Ms. Funderburk noted that information about
this issue has been provided to Council in the form of legislative updates and
review with the City’s special legal counsel since last January. She stated that the UDO amendment will be
considered by the Planning & Zoning Commission at its August 14 regular
session and cannot be considered by Council until the Commission’s public
hearing has taken place. That ordinance
is on first reading, therefore, and will be considered by City Council at its
August 27 regular session, following a public hearing. The ordinance amending Chapter 7 may be considered
by Council this evening.
Mr. Wenson stated that the ordinances were prepared by
Dan Vogel, the City’s special legal counsel on this issue. He added that the PEG channel is a
significant issue and the City continues to discuss options in a joint effort
between the City, William Jewell College and the School District. He reiterated that the new law goes into
effect on August 28 and so the City must take action before that time if
Council wishes to add these amendments related to video service providers to
the City Code. Mayor Steinkamp stated
that Dan Vogel is an attorney in St. Louis who has become an expert in this area of law while
representing many municipalities.
Council Member Parry asked what the Time Warner alert
involves. Ms. Funderburk stated it must
be able to be broadcast over any channel.
Mr. Parry asked for clarification of the original programming
requirement. Ms. Funderburk stated it is
for 40 hours each week. Mayor Steinkamp
noted neither of these proposed ordinances addresses that requirement in the
statute. Council Member Martin asked
what provisions in the statute address the emergency override. Ms. Funderburk stated the law only requires
the video service provider follow Federal Communications Commission (FCC)
regulations. Mr. Wenson stated the new
law specifically prohibits the City from using the emergency override.
Council Member Jenness stated information was provided
about what the cities cannot do in protecting the rights-of-way, but asked what
the City is permitted to regulate. Mr.
Wenson stated the proposed ordinances were purposefully written up to the edge
of what the law permits; the City wants to regulate the rights-of-way
pertaining to aesthetics and what is practical.
Cities are not permitted to prohibit video service providers from using
the rights-of-way. He added that legal
counsel has recommended the City to put this in the form of ordinances, but
lawsuits may well come about in the future, due to the lack of clarity in the
law.
Council Member King stated he appreciated something
being put in place but expressed concern that the language may give the
appearance that the City is responsible for ensuring that property values do
not suffer, when the City has no control over that. Mr. Wenson stated that could be taken to
legal counsel.
Council Member Brenton encouraged the City to
aggressively regulate to the fullest extent possible, noting that some utility
companies do not have good track records related to working in the
rights-of-way and on people’s property, sometimes causing damage that has to be
repaired. Mr. Brenton also noted that
the School District has been vocal about the need for PEG channels and
believes the City should support that position in any way possible.
Council Member Phillips stated he hoped the area’s
local state representatives had been among the few that stood up and opposed
this legislation. He added that the
City’s rights-of-way should be protected in any way possible and expressed concern
about street trees. He stated the
activity permitted could hinder the citizens’ quality of life and anything that
could be done to address that would be good.
Council Member Parry noted that the City’s state
representative had voted in opposition to the bill.
1. AMENDMENT
TO CHAPTER 30, “UNIFIED DEVELOPMENT ORDINANCE” (UDO), LIBERTY CITY CODE – ORDINANCE
Document No. 6719 was read. Mayor Steinkamp noted that the UDO amendment
would be considered by the Planning & Zoning Commission on August 14 and
that the second reading of the ordinance and the City Council public hearing
would occur at the August 27 Council regular session.
2. AMENDMENT
TO CHAPTER 7, “BUSINESSES AND OCCUPATIONS GENERALLY”, LIBERTY CITY CODE – ORDINANCE
Document No. 6720 was read. Council Member Phillips moved to waive the
rules and consider the ordinance on first reading. Council Member Martin seconded the motion,
which failed to achieve a unanimous vote with Council Member Brenton and
Council Member Parry voting in opposition.
Mayor Steinkamp stated the ordinance would go to second reading on
August 27.
E. LIBERTY TRIANGLE TAX INCREMENT
FINANCING DISTRICT
1. COMMUNITY
IMPROVEMENT DISTRICT COOPERATIVE AGREEMENT WITH THE LIBERTY TRIANGLE COMMUNITY
IMPROVEMENT DISTRICT – ORDINANCE
Special Legal Counsel Rich Wood, with Williams &
Campo, reviewed the steps previously taken related to the Triangle Community
Improvement District (CID). He stated
that a CID had always been contemplated with the Triangle Tax Increment
Financing Plan as a means to accomplish the goals. The CID was formed in November 2006 and the
voters have approved a one percent sales tax for the District.
Mr. Wood stated that this agreement addresses the
collection of the sales tax. The time
period overlaps the current Triangle Tax Increment Financing project and all of
which must be approved by the City.
Under the agreement, sales tax collected for the CID will be turned over
to the City by the State. One-half of
the revenues are collected for the TIF; under this agreement the other half has
been pledged by the CID for the same purpose.
A one percent fee is allocated as an administrative fee for the
City. The CID will receive one-half of
one percent for its expenses. This
agreement restricts the CID’s ability to issue debt without City approval. Mr. Wenson added that the formation of a CID
or other tool has been discussed for the Triangle since the beginning.
Council Member Martin asked if the CID is based on
sales tax, what happens if there is no retail to generate revenues. Ryan Cook, attorney for the CID, stated
retail is already in place. Mrs. Martin
asked if there is any maximum needed to move forward successfully. Mr. Cook said there is not.
Council Member Foster asked if the vote on the CID
sales tax was unanimous. Mr. Cook said
all six property owners voted to approve the sales tax.
Council Member Brenton asked for clarification of the
fifty percent of the CID sales tax that may be used to pay down the TIF bonds
at the discretion of the CID. Mr. Wood
stated that the main purpose of this agreement is for the CID to commit the
funds. He added that the CID must make
the commitment to use the additional fifty percent of the sales tax for paying
down the TIF bonds on an annual basis, just as Councils do not commit future
Councils to expenditures. Mr. Brenton
asked if the City has options if the CID decides not to use the additional
fifty percent for this purpose. Gary
Anderson, with Gilmore & Bell, the City’s bond counsel, stated that the CID
petition limits the use of the sales tax to the same project as the TIF funds,
but the CID does have the right not to appropriate the funds. He added that the revenues cannot be spent on
anything else. From a legal standpoint,
other than the PILOTS, the use of the revenues must be appropriated annually by
the CID. Mr. Brenton asked whether the
CID chooses to spend or bank the funds, what recourse the City has. Mr. Cook stated that the City could consider
terminating the agreement with the CID.
Mr. Anderson stated that in his experience with TDDs and CIDs, the
District has not allocated the other half of the sales tax revenues, though it
is legally possible. It makes more sense
for the District to allocate the additional revenues to paying off the debt and
to keep the City happy. Mr. Wenson stated
that it is the CID that carries the risk and it has taxed the District to help
pay off the bonds. Mayor Steinkamp
stated that the risk for non-payment of the debt is the developer’s. Mr. Anderson noted it is not helpful to the
City for the developer to be in default.
Mayor Steinkamp stated that the CID could not obligate the EATS portion
of the sales tax if the CID had not been created. Mr. Wood added that the other fifty percent
can be used to pay down the bonds and it is in the developer’s best interest to
do so, as the developer must wait until after the bonds are paid off to be
reimbursed.
Council Member Brenton stated his concern is that the
sales taxes are still public dollars and he wants to ensure that the revenues
can’t be spent on private development.
Mr. Wood stated the agreement provides that recognition of limiting the
use to the public portion of development.
Council Member Parry asked what happens if a TIF bond
goes bad. Mr. Anderson stated the bond
counsel works with the owner of the bonds and with the developer to determine
what prompted the default and turn around into cash flow. He added that the second ten years of the
20-year bond life are the riskiest and that is why the bonds are structured
with 125 percent coverage. If the revenues
are at or above projections, prepayment of a portion of the debt can occur,
reducing the life of the bonds from the standard 20 years to possibly 10 – 13
years. Sales tax laws could change or
there could be other outside factors that affect the ability to pay off the
debt. If a tenant goes dark, the bonds
might be refunded, but this happens very infrequently. Mr. Parry asked how the first bond issuance
is proceeding. Mr. Anderson stated the
first issuance was for Lowe’s and it continues at 125% of debt coverage.
Council Member Duncan asked when the sales tax began
to be collected with the election in February.
Mr. Cook stated the CID sales tax has been in effect since July 1, 2007. Mr. Duncan
asked about the term of the CID. Mr.
Cook stated the CID was established for 50 years and the City and the CID can
review it at that time. Mr. Wenson
stated there could be good reasons to continue the CID for maintenance of the
shopping center, landscaping and help with the common areas once the bonds are
paid off.
Council Member Parry asked for confirmation that only
one bond issuance has occurred for the Triangle TIF District. Ms. Tyree stated that was correct.
Document No. 6721 was read. Council Member Martin moved to waive the
rules and consider the ordinance on first reading. Council Member Phillips seconded the motion,
which carried unanimously.
Council Member Phillips moved to approve the
ordinance. Council Member King seconded
the motion, which carried unanimously.
It was approved by the Chair and is inscribed in Ordinance No. 9179.
2. 2007
BOND ISSUANCE – ORDINANCE
Special Project Manager Diana Adams stated TIF revenue
bonds are proposed for Projects B-2, C-3 and D in the Triangle as well as to
assist with debt service and the cost of the issuance. One hundred percent of the PILOTS increment
and fifty percent of the EATS increment as well as the CID sales tax would be
used for pay off the bonds.
Council Member King asked how the amount of the
issuance was determined. Dennis
Mitchell, with Piper Jaffray, stated that the exact amount is determined on the
date the bonds are sold, but the figure is based on the revenue stream. Mr. King asked if that is the amount needed. Mr. Mitchell stated a greater amount is
needed but not yet supported by the revenue stream.
Document No. 6722 was read. Council Member Martin moved to waive the
rules and consider the ordinance on first reading. Council Member Phillips seconded the motion,
which carried unanimously.
Council Member King moved to approve the
ordinance. Council Member Martin
seconded the motion, which carried 7-0-1.
Council Member Jenness abstained.
It was approved by the Chair and is inscribed in Ordinance No. 9180.
X. OTHER BUSINESS – None.
XI.
MISCELLANEOUS
MATTERS FROM CITY ADMINISTRATOR
Mr.
Wenson stated that the Public Relations Coordinator had been practicing with
cameras in the control room during the meeting in anticipation of beginning to
tape Council meetings. He also reminded
those present of the survey regarding the Liberty4thFest and noted it would be
available on the City’s website until September 4.
XII.
MISCELLANEOUS
MATTERS FROM MAYOR AND CITY COUNCIL
Council
Member Phillips stated there was a great Farmers’ Market last Saturday with two
of the four sides of the Square occupied.
He expressed hope that efforts would result in all four sides being
filled with vendors in the future.
Council
Member Brenton affirmed the comments from the residents of Brookview Gardens and also the efforts of the School District to communicate its plans. He appreciated the School District exploring different options and hoped the result
would be acceptable to the residents.
Council
Member Jenness asked what goes into setting the property tax levy. Mr. Wenson stated that can be reviewed at the
August 6 study session about the budget process. Ms. Tyree noted there would be an item in the
Weekly related to the property tax levy.
Council
Member Parry stated he had received kudos from citizens on the City having
repaved the tennis courts at Bennett Park.
Council
Member King stated he had received concerns from Claybrooke residents regarding
property maintenance and hoped the City would get more active to bring it under
control. Mr. Wenson stated he would
forward an email on the subject to the Council.
Mayor
Steinkamp expressed interest in bringing the issues posed by citizens at the
recent forums to a study session for discussion along with the format of the
forums themselves. Mr. Wenson stated
that the Council might not meet in study session on September 4, the Tuesday
following the Labor Day holiday, but adding a study session following the
August 27 regular session was being considered.
Mayor
Steinkamp stated there would be a public forum on light rail hosted by HNTB and
KCATA at the North Kansas
City Community Center on August 21, beginning at 6:00 p.m. and encouraged those interested to attend.
XIII. ADJOURNMENT
The meeting adjourned at 8:12 p.m.
__________________________________
Mayor
Attest:
_____________________________________
Deputy City Clerk