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CITY COUNCIL MEETING
MONDAY, JUNE 14, 2010
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 June 14, 2010 with Mayor Pro Tem Paul Jenness presiding. Mayor Pro Tem Jenness called the meeting to order at 7:00 p.m.
II. INVOCATION AND PLEDGE OF ALLEGIANCE
The invocation was given by Harold Phillips, who then led the pledge of allegiance.
III. ROLL CALL
Roll call was answered by Paul Jenness and Harold Phillips, Ward I; Greg Duncan and Jeff Moore, Ward II; Lyndell Brenton and Jeff Watt, 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, Assistant Public Works Director; Steve Anderson, Planning and Development Director; Amy Brusven, Human Resources Director; Craig Knouse, Police Chief; Gary Birch, Fire Chief; Dennis Dovel, Parks and Recreation Director; Shawnna Funderburk, Assistant to the City Administrator; Linda Bell, Administrative Assistant to the Deputy City Clerk; and 6 members of the public.
IV. APPROVE MINUTES AND SUMMARIES (SEE CONSENT AGENDA)
V. CITIZENS' PARTICIPATION
Pat Miller, 1955 Kings Highway, thanked staff for the "Keep Me Beautiful" signs.
Eric Langhorst, 29 Miller, thanked the concerned citizens for coming out on Saturday to look at the drainage issues.
Mike Phipps, 1850 Birmingham Road stated he is a resident of 11 years and he still has no city water. He owns a well which is within 20 feet of his septic tank. He has attended meetings regarding water issues in 2003 and 2005, and will attend in the future.
Donald Height, 300 W. Ruth Ewing Road stated he is a resident of 40 years. He also has no City water. He has water hauled in at $50 a truckload. He lives in the Sunnybrook subdivision. About five years ago his neighbor had a water problem. They would have three to four feet of standing water accumulated in their driveway. After the City was contacted, the City put in a culvert and the water is now draining onto his property, which has developed into swamp like land; and his neighbors have about three acres of property which is swamp land. He provided Council and Staff with a drawing handout to show where the swamp land/standing water is located.
VI. MEETING SCHEDULE
VII. CONSENT AGENDA
A. STUDY SESSION SUMMARY OF MAY 17, 2010
Council Member Phillips moved to approve the meeting summary as distributed. Council Member King seconded the motion, which carried unanimously.
B. REGULAR SESSION MINUTES OF MAY 24, 2010
Council Member Phillips moved to approve the minutes as distributed. Council Member King seconded the motion, which carried unanimously.
C. EXECUTIVE SESSION MINUTES OF MAY 24, 2010
Liberty Parks and Recreation Board
Appoint Shawn Blair to a term expiring June 1, 2013
Appoint Anthony Bologna to a term expiring June 1, 2013
Council Member Phillips moved to approve the appointment. Council Member King seconded the motion, which carried unanimously.
VIII. PUBLIC HEARINGS
IX. ORDINANCES, CONTRACTS AND RESOLUTIONS
A. ORDINANCE ACKNOWLEDGING VENDOR PAYMENTS FOR THE PERIOD OF MAY 14, 2010 TO JUNE 4, 2010
Document No. 7172 was read. Council Member Jenness moved to approve the vendor payments. Council Member King seconded the motion. Vote on the motion was as follows: Council Member Phillips - yes; Council Member Moore - yes; Council Member Brenton - yes; Council Member Foster - yes; Council Member Jenness - yes; Council Member Duncan - yes; Council Member Watt - yes; Council Member King - yes. The motion carried unanimously; it was approved by the Chair and inscribed in Ordinance No. 9592.
B. ORDINANCE APPROVING A CERTAIN CONTRACT WITH WELLS FARGO FOR LEASE/PURCHASE OF A BUS, LIBERTY, MISSOURI (SECOND READING)
Staff stated that the Budget Committee reviewed this item and agreed with staff's recommendation that the commercial lease option would be the better financing method at this time.
Council Member Phillips 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. 9593
C. ORDINANCE AUTHORIZING A COMMUNICATIONS SITE LEASE AGREEMENT WITH CLEAR WIRELESS, LLC TO ALLOW INSTALLATION OF ANTENNAS AND EQUIPMENT AT THE 150 GORDON STREET CITY WATER TANK (SECOND READING)
Council Member King moved to approve the ordinance. Council Member Phillips seconded the motion, which carried unanimously. It was approved by the Chair and is inscribed in Ordinance No. 9594.
X. OTHER BUSINESS
A. AUTHORIZATION FOR PAYMENT IN THE AMOUNT OF $162,384.76 TO MISSOURI DEPARTMENT OF TRANSPORTATION FOR INTERSECTION IMPROVEMENTS AT I-35/US69/M33
Public Works Director Steve Hansen stated that a thorough review had been conducted by staff, the Budget Committee and the Citizens Sales Tax Oversight Committee, and it was determined the request for payment is a valid request and this will be the final payment.
Council Member Phillips moved to approve the payment, seconded by Council Member Duncan, which carried unanimously.
B. MOTION TO RECONSIDER VOTE OF APRIL 26, 2010 ON SPECIAL USE PERMIT TO ALLOW A ONE HUNDRED FIFTY FOOT MONOPOLE CELL TOWER AT 401 SKYLINE DRIVE [P&Z 10-005SUP]
Council Member Brenton made the following motion:
"(1) to reconsider the vote on April 26, 2010 preliminarily denying the Special Use Permit [PZ10-005SUP] and to allow for additional evidence, including in light of AT&T's newly raised assertion in its legal action, that any final determination denying the Tower would violate the Telecommunications Act, and further (2) to instruct staff to complete preparation of the resolution required to make a "final determination" on a special use permit request for a wireless application as set forth in City Code Sec. 30-25.4(1). Staff shall promptly set a hearing date, and provide notice applicable to an original SUP hearing before the Council, to allow interested parties the opportunity to provide additional evidence and to provide comment on the proposed resolution required by Section 30-25.4(1) to make a decision final and any proposed findings contained in the resolution. The Council intends that the hearing and approval of the resolution shall be taken so that a final decision, unless good cause exists otherwise, may be rendered not later than 150 days after the filing of a completed application in this matter." The motion was seconded by Council Member Moore, which carried unanimously with an 8-0 vote.
XI. MISCELLANEOUS MATTERS FROM CITY ADMINISTRATOR
XII. MISCELLANEOUS MATTERS FROM MAYOR AND CITY COUNCIL
The meeting adjourned at 7:30 p.m.
Deputy City Clerk