CITY COUNCIL ACTION LETTER CITY OF LEE’S SUMMIT, Thursday, September 3, 2009
CITY COUNCIL ACTION LETTER CITY OF LEE’S SUMMIT
Thursday, September 3, 2009
REGULAR SESSION NO. 41
6:15 P.M. Mayor Messerli presiding.
Invocation – Mayor Messerli
Roll Call –
Councilmember Jim Hallam Present Councilmember Kathy Hofmann Present
Councilmember Randall Rhoads Present Councilmember Allan Gray Present
Councilmember Joseph Spallo Present Councilmember Ed Cockrell Absent
Councilmember Nick Swearngin Present Councilmember Bob Johnson Present
APPROVAL OF AGENDA: On motion of Councilmember Hallam, second by Councilmember Hofmann, voted unanimously (Councilmember Cockrell “absent”) to approve the published agenda.
1. PUBLIC COMMENTS:
• Mr. John Ivey, 209 NW Juniper, discussed an ad he placed in a 1999 newspaper which outlined changes he proposed.
• Mr. Paul Hiesberger and Mr. Byron Fisher who live on SE Brownfield were present to oppose a walking trail that was part of Langsford Plaza development. In conclusion, Mr. Arbo will have Staff check the silt pond for violations and also contact the developer to set up a meeting with neighbors, as well as Councilmembers Hofmann and Hallam.
2. COUNCIL COMMENTS:
● Councilmember Hallam welcomed back Mayor Messerli and thanked Councilmember Rhoads for his service as Mayor Pro-Tem.
● On the siltation issue discussed earlier in public comments, Councilmember Hallam asked that Staff make sure all Code requirements were being followed.
● Councilmember Hallam mentioned contracts with Summit Fair and stated he wanted to make sure everyone was honoring their contracts. Mayor Messerli stated she wanted to hear both sides.
● Mayor Messerli expressed her appreciation to Councilmember Rhoads for stepping in as Mayor Pro-Tem during her absence.
3. APPROVAL OF CONSENT AGENDA:
COUNCIL ACTION: On motion of Councilmember Hallam, second by Councilmember Gray, the Council voted unanimously (Councilmember Cockrell “absent”) to approve the consent agenda, as follows:
A. PLANNING AND DEVELOPMENT:
1) Approval of Special Event Permit for Lee’s Summit Chamber Oktoberfest, September 24 – 27, 2009.
2) Approval of Special Event Permit for Longview Art & World Music Festival, October 2-4, 2009.
3) Approval of Special Event Permit for 2009 Chilifest, October 9 – 11, 2009.
4) Approval of Special Event Permit for LSHS Ice Cream Social, Sept. 15, 2009.
5) Request for one year extension for an approved preliminary development plan for DG Acres Storage.
B. POLICE DEPARTMENT:
1) Approval of Types G3 and K-Temporary for Bombay Palace, 1313 NE Douglas Street. New Ownership.
2) Approval of Types G3 and K-Temporary for Nathan’s Grill, 543 SE Melody Lane. Formerly Benchwarmer’s Pub & Grill.
4. PROPOSED ORDINANCES:
A. BILL NO. 09-77 AN ORDINANCE VACATING A CERTAIN EASEMENT LOCATED WITHIN LOT 10-A OF THE PLAT ENTITLED “CHAPEL RIDGE, LOTS 9-A & 10-A” IN THE CITY OF LEE'S SUMMIT, MISSOURI. (Appl. #09-038)
COUNCIL ACTION: On motion of Councilmember Spallo, second by Councilmember Hallam, voted unanimously (Councilmember Cockrell “absent”) to approve and numbered ORDINANCE NO. 6822.
B. BILL NO. 09-78 AN ORDINANCE AMENDING ARTICLES 4, 5, 8, 13 AND 14 OF THE UNIFIED DEVELOPMENT ORDINANCE OF THE CODE OF ORDINANCES OF THE CITY OF LEE’S SUMMIT, MISSOURI. (Appl. #09-049)
COUNCIL ACTION: On motion of Councilmember Swearngin, second by Councilmember Gray, voted unanimously (Councilmember Cockrell “absent”) to approve and numbered ORDINANCE NO. 6823.
C. BILL NO. 09-79 AN ORDINANCE VACATING A CERTAIN EASEMENT LOCATED WITHIN THE PLAT ENTITLED “WOODLAND SHORES, 3RD PLAT” IN THE CITY OF LEE'S SUMMIT, MISSOURI. (Appl. #09-060)
COUNCIL ACTION: On motion of Councilmember Hallam, second by Councilmember Spallo, voted unanimously (Councilmember Cockrell “absent”) to approve and numbered ORDINANCE NO. 6824.
D. BILL NO. 09-80 AN ORDINANCE AMENDING CHAPTER 26, STREETS, SIDEWALKS AND OTHER PUBLIC PLACES, OF THE CODE OF ORDINANCES OF THE CITY OF LEE’S SUMMIT, MISSOURI, BY ADDING SEC. 26-9D. AND SEC. 26-9E., RELATING TO THE PLACEMENT OF BANNER SIGNS ON STREETLIGHT POLES WITHIN CITY OWNED RIGHT-OF-WAY.
COUNCIL ACTION: The bill was read for the first time by Councilmember Gray, who moved for second reading; motion was seconded by Councilmember Spallo and passed unanimously (Councilmember Cockrell “absent”). Discussion ensued regarding several provisions in the ordinance. Mr. Arbo advised the Council that Staff will review the provisions in the bill and place the item on the September 17th agenda for discussion.
E. BILL NO. 09-81 AN ORDINANCE AUTHORIZING THE EXECUTION OF A UTILITY RELOCATION AGREEMENT BY AND BETWEEN THE CITY OF LEE'S SUMMIT AND THE TRI-COUNTY WATER AUTHORITY RELATING TO THE CITY OF LEE'S SUMMIT EAST PRAIRIE EXCESS FLOW HOLDING BASIN PROJECT.
COUNCIL ACTION: On motion of Councilmember Johnson, second by Councilmember Gray, voted unanimously (Councilmember Cockrell “absent”) to approve and numbered ORDINANCE NO. 6825.
5. OTHER BUSINESS:
A. Award of Bid No. 35202-C for East Prairie Lee Excess Flow Holding Basin Project to George T. Shaw Construction, Inc. in the amount of $521,359.00. (PWC 9/2/09)
COUNCIL ACTION: On motion of Councilmember Hallam, second by Councilmember Swearngin, voted unanimously (Councilmember Cockrell “absent”) to approve.
B. Award of Bid No. 37602-C for M-150 Water Relocation Market to West City Limits Project to GradeCo Construction Company in the amount of $1,304,571.00. (PWC 9/2/09)
COUNCIL ACTION: On motion of Councilmember Swearngin, second by Councilmember Gray, voted unanimously (Councilmember Cockrell “absent”) to approve.
C. Approval of a Landfill Gas Verification License with SCC Americas to verify and register the carbon credits for the methane gas at the landfill.
NOTE: This item was continued from the August 20, 2009, City Council meeting.
COUNCIL ACTION: On motion of Councilmember Johnson, second by Councilmember Gray, voted unanimously (Councilmember Cockrell “absent”) to approve.
D. Award of contract to CBIZ Benefits and Insurance Services Group in the amount of $100,000 to review employee benefit program currently provided by Midwest Public Risk. (F&PC 9/1/09)
COUNCIL ACTION: On motion of Councilmember Hallam, second by Councilmember Rhoads, voted unanimously (Councilmember Cockrell “absent”) to award the first phase of the bid only in the amount of $10,000.
NOTE: Councilmember Hallam away from table at 7:05 p.m.
E. DISCUSSION Regarding the Creation of a Solid Waste Authority.
COUNCIL ACTION: Mr. Arbo presented a PowerPoint presentation on this issue. The Council reached a consensus to move forward to the next step of this concept.
Mayor Messerli recognized a Boy Scout who was in attendance.
Councilmember Hallam returned to the table at 7:25 p.m.
6. COMMITTEE REPORTS: There were no committee reports.
7. ROUNDTABLE:
● Councilmember Rhoads questioned the procedure discussed in the Public Comments section. The sidewalk that was opposed by the residents was added on the plan for the CID but not the initial zoning plan. He questioned the procedures followed for CID public hearings. Mr. Arbo stated that Staff will review the plans to determine if the sidewalk was on the initial plan and review the process for noticing public hearings.
● Mr. Arbo mentioned a legal opinion regarding the Airport, which was distributed to the Mayor and Council. Legal opinions include information with attorney-client privilege. If councilmembers were interested, they could make a motion to allow this information to be made public. On motion of Councilmember Rhoads, second by Councilmember Spallo, the Council voted unanimously (Councilmember Cockrell “absent”), that the attorney-client privilege of the third party opinion on the Airport be removed and opened to the public.
ADJOURNMENT: 7:34 p.m.
Denise Chisum, MMC/MPCC
City Clerk
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