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CITY COUNCIL MEETING

MINUTES

MONDAY, JANUARY 28, 2008

 

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 January 28, 2008 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 Father Tom Albers of St. James Catholic Church in Liberty.  Council Member John Parry then led the pledge of allegiance.

 

III.       ROLL CALL

 

Roll call was answered by Paul Jenness, Ward I; Greg Duncan and Anna Marie Martin, 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; Dan Estes, Assistant City Administrator; Steve Hansen, Public Works Director; Brian Hess, City Engineer; Craig Knouse, Police Chief; Marcella McCoy, Finance Manager; Chris Deal, Parks & Recreation Director; Steve Rulo, Parks & Open Space Manager; Denny Persall, Parks Maintenance; Gary Birch, Fire Chief; Steve Anderson, Planning & Development Director; Rebecca Wymore, City Planner; Dan Fernandez, Planner; Tony Sage, Information Services Director; Shawnna Funderburk, Assistant to the City Administrator; Jane Sharon, Deputy City Clerk; Angie Borgedalen, Liberty Tribune; David Knopf, The Kansas City Star; and 25 members of the public.

 

IV.       APPROVE MINUTES AND SUMMARIES (SEE CONSENT AGENDA)

 

V.        CITIZENS’ PARTICIPATION

 

Mayor Steinkamp recognized Boy Scout Alex McMullen with Troop # 397 who is working on his Citizenship and the Community badge.

 

VI.       MEETING SCHEDULE

 

VII.      CONSENT AGENDA

 

A.                 REGULAR SESSION MINUTES OF JANUARY 14, 2008

 

Council Member King moved to approve the minutes as distributed.  Council Member Martin seconded the motion, which carried unanimously.

 

VIII.     PUBLIC HEARINGS

 

A.        *AMEND CHAPTER 30, UNIFIED DEVELOPMENT ORDINANCE, OF THE LIBERTY CITY CODE TO INCLUDE ATTACHED SINGLE-FAMILY DWELLING UNITS FOR IN-FILL DEVELOPMENTS AND ADD UTILITY BOXES TO USES UNDER SPECIAL USE PERMITS [CASE NO. 07-054A] – ORDINANCE

 

City Planner Dan Fernandez reviewed the application to amend the Unified Development Ordinance (UDO). The amendment would allow attached single family dwelling units for infill developments, expanding opportunities for a mix of housing as encouraged in the Blueprint for Liberty and recommended by the Community Housing Assessment Team (CHAT).  It was intended that utility boxes be included under the special use permit section of the UDO following an earlier amendment addressing their placement and screening.  The Planning & Zoning Commission recommended approval by a vote of 5-1.

 

In response to Council questions, staff provided the following information:  applications for a special use permit may be in any zoning district; all special use permits require consideration by the Planning & Zoning Commission and City Council, for which a notice is published and neighbors are notified.  The example of a duplex being permitted within single-family residential district would currently only be permitted if the property were to be rezoned to permit duplexes.  With a special use permit Council would have the additional control not offered with a rezoning, that any changes to the proposed plan would require Council review and approval.  If a property is rezoned and the plan were to fall through, any development permitted in the new zoning district would be possible, without a public hearing.  This amendment offers flexibility to the developer and gives the City sufficient control over infill projects.  A petition from adjacent property owners would require a super majority vote with either a rezoning or special use permit application.  Staff clarified the difference between the City’s Comprehensive Plan, which includes the Blueprint for Liberty Future Land Use Plan and the UDO, which contains the City’s zoning and development ordinance.

 

Mayor Steinkamp opened the public hearing and asked if anyone wished to speak to the application.  Seeing no one, he closed the public hearing.

 

Document No. 6798 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.  The vote not being unanimous, Mayor Steinkamp stated the ordinance would be placed on the February 11, 2008 regular session agenda on second reading.

 

B.         *AMEND THE COMPREHENSIVE PLAN/MAP FROM CIVIC INSTITUTIONAL TO COMMERCIAL FOR THE FORMER CLAYVIEW COUNTRYCLUB SITE [CASE NO. 08-002A] – RESOLUTION

 

Mr. Fernandez reviewed the application by Star Development to amend the Comprehensive Plan/Map in the southern section of the former Clayview Country Club site from Civic/Institutional to Commercial.  Commercial zoning is considered appropriate due to the site’s proximity to existing commercial and the Comprehensive Plan’s encouragement of development in the Liberty Triangle.  The Comprehensive Plan was amended previously, changing the northern portion of the site to commercial.  The Planning & Zoning Commission recommended approval of the application by a vote of 6-0.

 

Staff responded to Council questions, noting that the Missouri Department of Natural Resources (MDNR) has not yet issued a finding with regard to the creek, which is currently designated as a conservation area.  If MDNR denies the application, development would not occur in that area.  The developer submitted its formal request to MDNR prior to the previous application to amend the Comprehensive Plan.

 

Mayor Steinkamp opened the public hearing and asked if anyone wished to speak.  Ryan Cook, Polsinelli Law Firm, Overland Park, Kansas, stated his firm represents LTD Enterprises.  He noted that the applicant has worked within the spirit of the Blueprint for Liberty and the site is currently surrounded by commercial development.  There would be no encroachment of commercial on residential neighborhoods with this change.  Mr. Cook stated that the developer has started the process with MDNR and is hoping to receive a response to its request soon.  The creek area would not be developed if the application to MDNR is denied but development would continue to be planned both south and north of the creek.  Mr. Cook asked that the Council consider this amendment now, instead of waiting for a decision about the creek, because there are several steps to be accomplished.

 

Mayor Steinkamp asked if anyone else wished to speak to the application.  Seeing no one, he closed the public hearing.

 

Council Member King moved to approve the resolution.  Council Member Duncan seconded the motion.  Council members expressed concern about removal of all the vegetation needed for commercial development.  Staff noted that discussions continue with the developer and trees must be planted to replace those being removed.  As currently being planned, the street would be extended all the way to Conistor, across from the entrance to Sears.  But no vegetation around the creek will be disturbed until MNDR approves the developer’s application.  Where the older trees have been removed was not under the jurisdiction of MDNR.

 

The motion carried 7-1-0 and is inscribed in Resolution No. 2332.  Council Member Parry voted in opposition.

 

C.         *SPECIAL USE PERMIT TO ALLOW OFFICE USE AT 400 N. MISSOURI STREET [CASE NO. 08-003SUP] – RESOLUTION

 

Planning & Development Director Steve Anderson stated that City Planner Rebecca Wymore was attending her last meeting, having resigned to attend law school full-time.  Ms. Wymore reviewed the application for a special use permit to allow office use at 400 N. Missouri Street.  She stated that the site has been used by the School District as an education resource center and the surrounding area include the Steeple Inn and residential.  Adequate public facilities currently exist to the site and the plan submitted will keep the general character of the neighborhood.  The Planning & Zoning Commission recommended approval of the application.  There are 21 marked parking spaces and other spaces on site and on the street will provide adequate parking.

 

Mayor Steinkamp opened the public hearing and asked if anyone wished to speak.  Stan Masters, 1907 Swift, North Kansas City, stated his firm represents the applicant and requested Council approve the use, which will have a low impact on the neighborhood.  Mayor Steinkamp asked if anyone else wished to speak to the application.  Seeing no one, he closed the public hearing.

 

Council Member Martin moved to approve the resolution.  Council Member King seconded the motion, which carried unanimously and is inscribed in Resolution No. 2333.

 

D.        *AMEND CHAPTER 30, UNIFIED DEVELOPMENT ORDINANCE OF THE LIBERTY CITY CODE PERTAINING TO THE PLACEMENT OF UTILITY BOXES [CASE NO. 08-005A] – ORDINANCE

 

Planner Dan Fernandez reviewed the proposed amendment to the UDO pertaining to placement of utility boxes.  He noted that the City had adopted an ordinance pertaining to placement of utility boxes in August 2007 with sets requirements for screening.  The amendments are being proposed following meetings with utility companies, in order to clarify the ordinance language and clean up areas that include typographical errors or redundancies.  The Planning & Zoning Commission recommended approval by a vote of 6-0.

 

In response to Council questions, staff noted that placement would be identified in the special use permit.  Language related to placement in historic districts was considered redundant because a certificate of appropriateness would be required in those instances.  If utility boxes do not require a special use permit, only those directly affected would be notified.  With a special use permit requirement, property owners within 185 feet of the site are notified, a sign is posted on the site and a public hearing is held.  The ordinance language makes it easy to place utility boxes underground or in a back yard and those placements are encouraged.  The process is also streamlined.  Adjacent properties are likely to be affected by the need for access when a utility box is being placed and location of easements, prompting notification.

 

Mayor Steinkamp opened the public hearing and asked if anyone present wished to speak to the application.  Seeing no one, he closed the public hearing.

 

Document No. 6799 was read.  Council Member Brenton 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 Duncan seconded the motion, which carried unanimously.  It was approved by the Chair and is inscribed in Ordinance No. 9254.

 

Council Member King moved that an opportunity for council discussion be provided when ordinances not requiring a public hearing are considered, prior to motions being made to waive the rules and consider on first reading.  The mayor noted that generally a staff presentation is made prior to any Council motions and it is at the discretion of the Chair whether the public has an opportunity to comment on an agenda item not requiring a public hearing.  It has been his practice to offer that opportunity when requested.

 

The motion carried unanimously.

 

IX.       ORDINANCES, CONTRACTS AND RESOLUTIONS

 

A.        ACKNOWLEDGEMENT OF VENDOR PAYMENTS FROM JANUARY 4, 2008 THROUGH JANUARY 18, 2008 – ORDINANCE

 

Council Member Brenton requested that check numbers 105729, 105871 and 105909 be removed and voted on separately.

 

Document No. 6800 was read.  Council Member King moved to approve the ordinance.  Council Member Jenness seconded the motion.  Responding to Council questions, staff stated that the two police vehicles are leased and a third is provided through a different dealership.  The tuition reimbursement is part of the City’s reimbursement plan for employees and is paid for staff when a C grade or better is obtained for the course.  Staff also noted that information would be provided on sewer back-up claims at the upcoming study session on February 4.  Annual memberships in professional associations for staff and members of the Parks Board are paid by the City.

 

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. 9255.

 

Council Member King moved to approve check numbers 105729, 105871 and 105909.  Council Member Jenness 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 unanimously; it was approved by the Chair and inscribed in Ordinance No. 9255.

 

 

B.         FINAL DEVELOPMENT PLAN FOR A 43,000 SQUARE FOOT SORORITY HOUSE AT 709 DONIPHAN STREET ON THE WILLIAM JEWELL COLLEGE CAMPUS [CASE NO. 07-056FDP] – RESOLUTION

 

Robert Whitman with Gould & Evans stated he represented the applicant and requested favorable consideration of the application.

 

Council Member King moved to approve the resolution.  Council Member Duncan seconded the motion, which carried unanimously and is inscribed in Resolution No. 2334.

 

C.         FINAL DEVELOPMENT PLAN FOR 45 FT. WIND TURBINE AT WARREN HILLS ELEMENTARY [CASE NO. 08-001FDP] – RESOLUTION

 

In response to Council questions, staff noted that there is a need to further define alternative energy facilities in the City Code and research into what other communities are doing and a possible addition of this type of structure to the special use permit section may be brought forward in the future.  In the meantime, for this application it was important to focus on the impact the wind turbine would have on the area.  A variance for the height of the structure is included in the resolution.

 

Mayor Steinkamp asked if the applicant wished to speak.  Tiffany Lederle, Solar Works, stated that this turbine is being proposed for educational purposes and student study.

 

Council Member Martin moved to approve the resolution.  Council Member Duncan seconded the motion, which carried 5-2-0 and is inscribed in Resolution No. 2335.  Council Member King and Council Member Parry voted in opposition.

 

Mayor Steinkamp announced a short recess and reconvened the meeting after a short break.

 

D.        *COOPERATIVE AGREEMENT WITH LIBERTY PUBLIC SCHOOL DISTRICT NO. 53 FOR USE OF BENNETT PARK TENNIS COURT FACILITIES – ORDINANCE

 

Parks & Recreation Director Chris Deal reviewed the activity leading to the proposed cooperative agreement for the addition of tennis courts and their use by the School District at Bennett Park.  He noted that the tennis courts have been used by the School District for more than 20 years and were in need of repair.  The addition of two new courts and a championship court in the lower hollow were proposed by the School District.  After providing information about the project to Council in October, staff worked with the School District staff to bring forward the cooperative use agreement.  The agreement is similar to the cooperative agreement in place for the community center and middle school, which share use of the gymnasium and soccer fields, which could be provided to Council.  Mr. Deal reviewed the times during which the school would be allowed to use the tennis courts for practice, matches and tournaments, leaving significant time for public use.  The City provides the park land and the School District covers the costs.  While a neighborhood meeting would be scheduled prior to the championship court being constructed, no meeting with residents was planned prior to the addition of the two regular courts and replacement of the four existing courts, which is underway.  The expanded use of tennis courts is expected to reduce underage partying in the area and reduce the City’s maintenance costs of the courts by fifty percent.  Due to the City’s debt service, without the School District’s participation, the courts would not be considered for improvements for some time.

 

Council members expressed concerns about the lack of opportunity for public input prior to the cooperative use agreement being brought forward, particularly as it relates to the championship court.  It was suggested that the championship court be removed from the cooperative agreement and consideration include use of the six courts only.  It was also suggested that the Council consider revising the agreement to allow citizens to use the courts during school practice times.  Staff noted there are other tennis courts available within five minutes of Bennett Park.  In response to questions about what would happen to these courts if tennis courts were built at the new high school, staff stated that the courts would likely continue to be used by the School District, because there would be two teams, doubling the practice and playing times.  At Council’s request, staff also clarified the twenty year term of the agreement is not required, but was approved by the City’s legal counsel, because either party can bring changes forward at any time.  The long-term of the agreement is consistent with existing cooperative agreements with the School District.  Staff agreed to improve communication about these projects in the future, both with Council and with the public.

 

Mike Brewer, Assistant Superintendent – Support Services for the School District, stated the School District desires to work cooperatively for the community, the children and residents.  The School District sees the tennis courts as benefiting all.  The project was viewed as a solution when the Clayview Country Club courts were no longer available.  It is an opportunity for the City to have its tennis courts in Bennett Park upgraded.  The School District has worked hard to communicate and will continue to do so.  Perhaps the staff moved more quickly than the Council would like, but that is a lesson learned.  The School District wants to continue its good working relationship with the City.  Mr. Brewer stated that tennis courts are included in the preliminary plans for the new high school, but due to bonding capacity, they may not be included in the first phase of construction.  If the courts are built at the new high school, the Bennett Park courts would still be needed, due to the number of students anticipated with the expansion to two high schools.  If the cooperative agreement, which was approved by the School Board on January 22, is not approved by Council in the same form, he would seek direction from Dr. Wright and the School Board.  In response to Council questions, Mr. Brewer stated that the School District is putting significant dollars into the tennis courts; the length of the agreement provides assurances to the District about that investment and is symbolic of the good working relationship between the City and the School District.  Setting aside courts for citizens would be a challenge because the number of courts available for school practices is already being reduced from eight at Clayview to six at Bennett Park.  Removal of the championship court from the agreement would require the agreement to go back to the School Board.  The lights for the six courts would be similar to those for the four courts, but better technology.

 

Mayor Steinkamp opened up the matter for public comment.

 

Bill Niffen, 1853 Mourning Dove Drive, stated he is president of the Park Board and the Board was in favor of the new tennis facility.  He apologized to the neighbors and said it is obvious in hind sight that the Board should have recommended staff contact residents.  The School District is making an investment and with the courts being added at the District’s expense, a long term cooperative agreement makes sense.  He stated he could now see merit in removing the 7th court for a later time, after meeting with the residents, but asked the Council to proceed with the agreement including the six courts.

 

Leesha Barry, 901 Wildbriar Drive, stated she lives next to the proposed location of the championship court and would not be in favor of the court, because of the lighting and removal of trees that would be required.  She stated the priority is the second high school, not tennis courts.

 

Larry Harmon, stated he lives near the proposed championship court and believes Council should review the matter more fully before entering into a cooperative agreement.  He questioned whether the representation of hours for public use of the courts was realistic and that the School District being crunched for time was not the community’s problem.  He added it is a mistake to consider the agreement without public input.

 

Jeff Bennett, 913 Wildbriar, stated he lives on the property adjacent to the proposed championship court and recommended the Council not approve the agreement.  He added that the six courts would be good but the Council should look at how this situation was created.  Better communication should be used and the School District required to bring the four courts up to better condition.  He referred to the natural topography, questioning the placement of a lighted stadium on the site.

 

Frank Dixon, 906 Wildbriar, stated there has been no thorough study of the bowl area and it is a great place to skate, up and down the hill.  Trees have already been taken out and the work is a major overhaul, not an upgrade.  He expressed offense at the after the fact apology and stated corruption begins here.  Kids are playing in this area, not doing drugs.

 

Jim Moores, 908 Scott Drive, stated he had provided a memo to the Council and Mayor about this matter.  He noted he had requested documents under the Sunshine Law and had not received several of the emails referenced in the staff memo.  Mr. Moores stated there had been no time to consider the agreement and no permit was required for the project.  He expressed concern over what he considered mismanaged communication and had alerted neighbors by making cold calls.  He stated the Parks Director had sent an email that the residents would be kept informed, but that hasn’t happened.  Mr. Moores suggested a six year agreement would afford the City an opportunity to consider the impact of a second high school.

 

Kelly McClelland, 2124 Winding Woods Drive, questioned the timing of the cooperative agreement, given work has already begun on the six courts, which occurred prior to the execution of a contract.  No records were provided with regard to requests for bids, or permits and the contractor doesn’t have a permit.  He stated there are lots of reasons not to move forward on this.

 

Bob Burks, 1813 Welleslay Court, stated he has served on the Parks Board for seven years and there is always lots of discussion about the best choice for use by both sides.  This is a win-win for Liberty and there have been no previous complaints about the tennis courts use.  He added that available hours were calculated, based on when parks are open.

 

Document No. 6801 was read.  Mayor Steinkamp stated the ordinance would be considered on second reading at the February 11, 2008 regular session.  Council discussed how to proceed, acknowledging a need to improve communication with citizens.  Council directed staff to place the matter on the February 4, 2008 study session agenda for review of City procedures related to this type of project.  Prior to the study session, Mr. Wenson stated staff would meet with residents about the project.

 

E.         CONTRACT WITH GRASS ROOTS, INC. FOR MOWING OF CITY PROPERTIES IN AN AMOUNT NOT TO EXCEED $40,800 – ORDINANCE

 

Document No. 6802 was read.  Council Member Parry moved to waive the rules and consider the ordinance on first reading.  Council Member Duncan seconded the motion, which carried unanimously.

 

Council Member Martin moved to approve the ordinance.  Council Member Brenton seconded the motion.  In response to Council questions, staff noted that weekly onsite reviews are conducted by staff in the cemeteries, but no video documentation is made.  Staff will work with the contractor to discuss options for documenting the condition of the markers before mowing season begins.  It was suggested that this could be another opportunity for volunteers to serve.  The motion carried unanimously.  It was approved by the Chair and is inscribed in Ordinance No. 9256.

 

F.         CONTRACT FOR ENGINEERING SERVICES WITH BURNS & MCDONNELL FOR NORTH LIBERTY WATER SUPPLY STUDY IN AN AMOUNT NOT TO EXCEED $15,960 – ORDINANCE (SECOND READING) (Staff requests this item be continued to the May 27, 2008 regular session)

 

Council Member Parry moved to continue consideration of this ordinance to the May 27, 2008 regular session.  Council Member Foster seconded the motion, which carried unanimously.

 

G.         CONTRACT FOR ENGINEERING SERVICES WITH GEORGE BUTLER ASSOCIATES FOR SANITARY SEWER RENEWAL PROGRAM IN AN AMOUNT NOT TO EXCEED $115,200 – ORDINANCE (SECOND READING)

 

Document No. 6794 was read.  In response to Council questions, staff clarified that the contract calls for George Butler Associates to prepare contracts and manage contract work with regard to inflow and infiltration (I&I).  The contracts and processes developed in the Liberty Manor pilot project will be used when similar I&I work is conducted as funds become available through the sanitary sewer fund.  This contract will use information from the televising of the system to identify what needs to be done.  As this is a capital expenditure, contracts are subject to funds available.  The work is necessary due to the age of the system and at some point the EPA will require the work be done.

 

Council Member Duncan moved to approve the ordinance.  Council Member Martin seconded the motion, which carried 5-2-0.  Council Member Foster and Council Member Parry voted in opposition.  It was approved by the Chair and inscribed in Ordinance No. 9257.

 

Mayor Steinkamp announced a short recess and reconvened the meeting after a short break.

 

H.        *FEDERAL AID PROGRAM AGREEMENT WITH MISSOURI HIGHWAY & TRANSPORATION COMMISSION FOR THE FLINTLOCK OVERPASS PROJECT – ORDINANCE

 

Public Works Director Steve Hansen reviewed the planning process for construction of the Flintlock Overpass, which was began in 2004 with a contract for HNTB to provide engineering services.  Under an agreement with the Missouri Highway & Transportation Commission, federal funds were provided for the engineering design contract.  An agreement between the City, the Shoal Creek TIF Commission and the Liberty School District split the costs of the engineering design among the parties.  An amendment to the HNTB contract is currently being prepared for final project design and right-of-way plans.

 

Federal highway transportation legislation has earmarked funds for construction of the overpass, which is included in the State’s 2009 fiscal year.  Given the estimated project costs of $22.5 million, approximately $4 million to $5 million will be required in local cost participation.  Recently the Liberty School District requested all but $600,000 of its initially committed funding be returned to the taxing jurisdictions.  The $600,000 would be applied to the engineering expense of approximately $900,000.  The City’s Capital Improvements Plan contains $1.5 million for the City’s portion of the local cost share and is programmed in 2009, leaving a $3.5 million funding shortfall for the project.  Staff is working with the developers of the proposed Whitehall Station to include funding in the Whitehall Tax Increment Financing, with an agreement anticipated soon.  Should the City not move forward with the Flintlock Overpass project, it could be required to return the $940,000 received in federal funds for the design of the project.

 

This proposed agreement sets certain City obligations, including assumption of responsibility for maintenance of the overpass, once it is constructed, included the stretch of I-35 underneath the overpass.  The State expects approval of this funding agreement one year before construction begins.  Approval of this agreement shows the State and the Whitehall Station developer the City’s intent to build the overpass.  While this agreement obligates the City to maintain the overpass, it is anticipated that the State would take over responsibility for the overpass when the City accepts all remaining State roadways in Liberty, with the exception of 291 Highway.  At that time, this agreement could be amended.

 

In response to Council questions, staff noted that the Liberty TIF Commission is scheduled to consider a related amendment to the Whitehall Station TIF Plan and developer agreement on February 7 after which it would be considered by the City Council.  The Shoal Creek TIF Commission is also expected to consider this matter in February.  The City may not be required to reimburse the State for the engineering design funds as long as it proceeds with the plans to construct the overpass in good faith.

 

Document No. 6803 was read.  Council Member Martin moved to waive the rules and consider the ordinance on first reading.  Council Member Jenness seconded the motion, which carried unanimously.

 

Council Member Jenness moved to approve the ordinance.  Council Member Martin seconded the motion.  Mayor Steinkamp clarified that the City has already entered into an agreement with the developer of Whitehall Station which includes the construction of the Flintlock overpass.  This agreement is the City’s commitment to the State.  Staff added that this shows the City is making a good faith effort with regard to the construction of the overpass, which reduces the chance that the City would have to reimburse the State if funding for the construction cannot be secured.  The motion carried unanimously.  It was approved by the Chair and is inscribed in Ordinance No. 9258.

 

I.          TELECOM SETTLEMENT AGREEMENTS

 

Assistant to the City Administrator Shawnna Funderburk reviewed the process by which the settlement agreements had been proposed, noting that both AT&T and Sprint had made protested payment to the City.  Under the terms of these settlement agreements, just as with the agreement previously approved with Verizon, the payments would be released to the City.  Future payments to the City would be made by AT&T, Sprint and US Cellular as required by City ordinance.  Anticipated revenues from these settlements include $370,154 from AT&T and $428,714 from Sprint, and are expected to be available to the City in late June 2008.  The Council will review options for use of these one-time revenues in the February 4, 2008 study session.  An estimated $500,000 in revenues is expected annually from these service providers; $350,000 is already included in the 2008 budget revenues.

 

1.         SETTLEMENT AGREEMENT AND BINDING UNILATERAL AGREEMENT WITH AT&T RELATING TO BUSINESS LICENSE TAXES – ORDINANCE

 

Document No. 6804 was read.  Council Member Martin moved to waive the rules and consider the ordinance on first reading.  Council Member Duncan seconded the motion, which carried unanimously.

 

Council Member King 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. 9259.

 

2.         SETTLEMENT AGREEMENT AND BINDING UNILATERAL AGREEMENT WITH SPRINT RELATING TO BUSINESS LICENSE TAXES – ORDINANCE

 

Document No. 6805 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 King moved to approve the ordinance.  Council Member Foster seconded the motion, which carried unanimously.  It was approved by the Chair and is inscribed in Ordinance No. 9260.

 

3.         MUTUAL SETTLEMENT AGREEMENT WITH US CELLULAR RELATING TO BUSINESS LICENSE TAXES – ORDINANCE

 

Document No. 6806 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 King moved to approve the ordinance.  Council Member Foster seconded the motion, which carried unanimously.  It was approved by the Chair and is inscribed in Ordinance No. 9261.

 

J.          CONTRACT FOR CITY HALL CLEANING SERVICES WITH TOWN & COUNTRY BUILDING SERVICES IN AN AMOUNT NOT TO EXCEED $30,420 – ORDINANCE

 

Document No. 6807 was read.  Council Member Parry moved to waive the rules and consider the ordinance on first reading.  Council Member Foster seconded the motion, which carried unanimously.

 

Council Member Martin moved to approve the ordinance.  Council Member Jenness seconded the motion.  Staff clarified that this expense is out of the Public Works budget.  The motion carried unanimously.  It was approved by the Chair and is inscribed in Ordinance No. 9262.

 

K.        CONTRACT AMENDMENT WITH TREKK DESIGN GROUP FOR CLEANING, TV INSPECTION AND EVALUATION OF SANITARY SEWER SYSTEM INCREASING THE AMOUNT OF THE AGREEMENT BY $90,500 – ORDINANCE

 

In response to Council questions, staff provided the following information:  this contract amendment adds approximately 52,000 feet of line in older sections of the City.  This is an ongoing program, however, which is assisting with inspection of the City’s 165 miles of sewer system.  Approximately 30 miles has been cleaned and viewed.  This program allows for thorough analysis, but the pipe must be cleaned first in order for it to be scanned using the video equipment.  More lines have been cleaned through this contract than staff could ever have completed on its own.

 

Document No. 6808 was read.  Council Member Martin moved to waive the rules and consider the ordinance on first reading.  Council Member Jenness seconded the motion, which carried unanimously.

 

Council Member Martin moved to approve the ordinance.  Council Member Jenness seconded the motion, which carried 6-1-0.  Council Member Parry voted in opposition.  It was approved by the Chair and is inscribed in Ordinance No. 9263.

 

X.         OTHER BUSINESS – None.

 

XI.               MISCELLANEOUS MATTERS FROM CITY ADMINISTRATOR – None.

 

XII.            MISCELLANEOUS MATTERS FROM MAYOR AND CITY COUNCIL

 

Council Member Martin noted the upcoming Liberty Intervention Focusing on Education (LIFE) program graduations.  Mayor Steinkamp stated he would be attending all four programs.  Mrs. Martin asked that more information be provided to Council by Staff in the future, so that Council would have the same information as the citizens.

 

Council Member Brenton stated he has full confidence in the Staff and Council that the issues of communication will be addressed and the Council can again become an effective group.

 

Council Member King suggested staff provide information to Council for a study session review when proposed legislation not previously addressed might require a revision to the City’s legislative program.

 

XIII.     ADJOURNMENT

 

The meeting adjourned at 11:35 p.m.

 

 

                                                                                    __________________________________

                                                                                    Mayor

Attest:

 

 

_____________________________________

Deputy City Clerk