City Council Action Letter Thursday, Dec 17 Reg session No 48
12.18.09
CITY COUNCIL ACTION LETTER
CITY OF LEE’S SUMMIT
Thursday, December 17, 2009
REGULAR SESSION NO. 48
5:30 P.M. On motion of Councilmember Hallam, second by Councilmember Hofmann, voted unanimously to hold a closed session pursuant to Section 610.021(1) to Section 610.021(2) of the Revised Statutes of the State of Missouri.
6:20 P.M. Mayor Pro-Tem Rhoads called Regular Session No. 48 to order.
Invocation –Mayor Pro-Tem Rhoads
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 Present
Councilmember Nick Swearngin Present Councilmember Bob Johnson Present
APPROVAL OF AGENDA: On motion of Councilmember Hallam, second by Councilmember Gray, voted unanimously to approve the amended agenda.
1. PUBLIC COMMENTS: No one was present to address the Council.
2. COUNCIL COMMENTS: There were no Council comments.
Councilmember Gray recognized a Boy Scout that was in attendance.
3. APPROVAL OF CONSENT AGENDA:
COUNCIL ACTION: On motion of Councilmember Cockrell, second by Councilmember Hallam, the Council voted unanimously to approve the consent agenda, as follows:
A. POLICE DEPARTMENT: Approval of Type G1 Liquor License Application for Mingle, 209 SE Main Street. Former location of Bailey's Wine Bar.
B. PUBLIC WORKS COMMITTEE: Award of a one-year contract with two possible one-year renewals for RFP 10-003 - on-call yearly erosion prevention and sediment control services to Soil-Tek based on the cost breakdown shown in Exhibit B.
(This item was considered by Public Works Committee on December 2, 2009.)
Councilmember Gray away from dais at 6:25 p.m.
4. PROPOSED ORDINANCES:
A. BILL NO. 09-120 AN ORDINANCE GRANTING A SPECIAL USE PERMIT FOR OUTDOOR RECREATION (HORN BASEBALL FIELD) IN DISTRICT AG ON LAND LOCATED AT 5261 NE MAYBROOK ROAD FOR A PERIOD OF TEN (10) YEARS, ALL IN ACCORDANCE WITH ARTICLE 10 WITHIN THE UNIFIED DEVELOPMENT ORDINANCE, FOR THE CITY OF LEE'S SUMMIT, MISSOURI. (Appl. #09-065)
COUNCIL ACTION: On motion of Councilmember Cockrell, second by Councilmember Spallo, voted unanimously (Councilmember Gray “absent”) to approve and numbered ORDINANCE NO. 6865.
B. BILL NO. 09-121 AN ORDINANCE VACATING DEDICATED RIGHT-OF-WAY FOR 5TH STREET BETWEEN SE MAIN STREET AND THE UNION PACIFIC RAILROAD, IN THE CITY OF LEE'S SUMMIT, MISSOURI. (Appl. #09-075)
COUNCIL ACTION: On motion of Councilmember Hallam, second by Councilmember Hofmann, voted unanimously (Councilmember Gray “absent”) to approve and numbered ORDINANCE NO. 6866.
Councilmember Gray returned to the dais at 6:27
C. BILL NO. 09-122 AN ORDINANCE GRANTING A SPECIAL USE PERMIT RENEWAL FOR GROUP DAY CARE IN DISTRICT R-1 ON LAND LOCATED AT 124 SW WIND RIDGE CIRCLE FOR A PERIOD OF TEN (10) YEARS FROM THE PREVIOUS EXPIRATION DATE, ALL IN ACCORDANCE WITH ARTICLE 10 WITHIN THE UNIFIED DEVELOPMENT ORDINANCE, FOR THE CITY OF LEE'S SUMMIT, MISSOURI. (Appl. #09-085)
COUNCIL ACTION: On motion of Councilmember Johnson, second by Councilmember Cockrell, voted unanimously to approve and numbered ORDINANCE NO. 6867.
D. BILL NO. 09-123 AN ORDINANCE AMENDING CHAPTER 32. WATER AND SEWERS, OF THE CODE OF ORDINANCES OF THE CITY OF LEE’S SUMMIT, MISSOURI, BY REVISING EXHIBITS A, B, AND C TO APPENDIX I OF CHAPTER 32 SO AS TO ADJUST THE VARIABLES OF THE METHODOLOGY USED TO CALCULATE WATER TAP FEES AND TO ADOPT AN AMENDED WATER UTILITY PROJECT LIST.
COUNCIL ACTION: On motion of Councilmember Spallo, second by Councilmember Hallam, voted 7 “aye”, 1 “no” (Councilmember Johnson) to approve and numbered ORDINANCE NO. 6868.
E. BILL NO. 09-124 AN ORDINANCE AMENDING ARTICLE III OF CHAPTER 26, RIGHT- OF-WAY MANAGEMENT, OF THE CODE OF ORDINANCES FOR THE CITY OF LEE'S SUMMIT, MISSOURI, BY ADDING PROVISIONS FOR TEMPORARY TRAFFIC CONTROL PERMITTING.
COUNCIL ACTION: On motion of Councilmember Hofmann, second by Councilmember Hallam, voted unanimously to approve and numbered ORDINANCE NO. 6869.
F. BILL NO. 09-125 AN ORDINANCE AUTHORIZING THE EXECUTION OF A LEASE OF PROPERTY AGREEMENT BY AND BETWEEN THE UNION PACIFIC RAILROAD COMPANY AND THE CITY OF LEE'S SUMMIT, MISSOURI, FOR THE LEASE BY THE CITY OF CERTAIN RAILROAD RIGHT-OF-WAY LOCATED ALONG SW MAIN STREET BETWEEN SW 4TH STREET AND SW 6TH STREET.
COUNCIL ACTION: On motion of Councilmember Swearngin, second by Councilmember Hofmann, voted unanimously to approve and numbered ORDINANCE NO. 6870.
G. BILL NO. 09-126 AN ORDINANCE AUTHORIZING THE EXECUTION OF THE FIRST AMENDMENT TO THE FIRST AMENDED AND RESTATED I-470 AND 350 TRANSPORTATION DEVELOPMENT DISTRICT COOPERATIVE AGREEMENT BETWEEN THE I-470 AND 350 TRANSPORTATION DEVELOPMENT DISTRICT, R.E.D. CAPITAL HOLDINGS OF LEE’S SUMMIT SPE, LLC AND THE CITY OF LEE'S SUMMIT, MISSOURI.
COUNCIL ACTION: On motion of Councilmember Gray, second by Councilmember Hofmann, voted unanimously to approve and numbered ORDINANCE NO. 6871.
H. BILL NO. 09-127 AN ORDINANCE AUTHORIZING THE EXECUTION OF THE FIRST AMENDMENT TO THE RAINTREE NORTH TRANSPORTATION DEVELOPMENT DISTRICT COOPERATIVE AGREEMENT BETWEEN THE RAINTREE NORTH TRASPORTATION DEVELOPMENT DISTRICT AND THE CITY OF LEE'S SUMMIT, MISSOURI.
COUNCIL ACTION: On motion of Councilmember Spallo, second by Councilmember Hallam, voted unanimously to approve and numbered ORDINANCE NO. 6872.
I. BILL NO. 09-128 AN ORDINANCE APPROVING THE FIRST AMENDED AND RESTATED COOPERATIVE AGREEMENT BETWEEN THE RAINTREE 150 CENTER COMMUNITY IMPROVEMENT DISTRICT, LEE'S SUMMIT M-150, L.L.C, BLOCK AND COMPANY, INC. REALTORS D/B/A BLOCK ASSET MANAGEMENT, AND THE CITY OF LEE'S SUMMIT, MISSOURI FOR THE RAINTREE 150 COMMUNITY IMPROVEMENT DISTRICT.
COUNCIL ACTION: On motion of Councilmember Gray, second by Councilmember Hofmann, voted unanimously to approve and numbered ORDINANCE NO. 6873.
J. BILL NO. 09-129 AN ORDINANCE AUTHORIZING THE EXECUTION OF THE FIRST AMENDMENT TO THE LEE’S SUMMIT, MISSOURI NEW LONGVIEW TRANSPORTATION DEVELOPMENT DISTRICT COOPERATIVE AGREEMENT BETWEEN THE LEE’S SUMMIT, MISSOURI NEW LONGVIEW TRANSPORTATION DEVELOPMENT DISTRICT, GALE COMMUNITIES, INC., AND THE CITY OF LEE'S SUMMIT, MISSOURI.
COUNCIL ACTION: On motion of Councilmember Spallo, second by Councilmember Gray, voted unanimously to approve and numbered ORDINANCE NO. 6874.
5. OTHER BUSINESS:
A. FINANCE AND PERSONNEL COMMITTEE:
NOTE: The following items were considered by the F&PC on December 15, 2009.
1) BILL NO. 09-130 AN ORDINANCE AUTHORIZING THE EXECUTION OF AN INTERGOVERNMENTAL CONTRACT FOR TRANSIT SERVICE BY AND BETWEEN THE CITY OF LEE’S SUMMIT, MISSOURI AND THE KANSAS CITY AREA TRANSPORTATION AUTHORITY FOR THE #152 – LEE’S SUMMIT/RAYTOWN COMMUTER EXPRESS SERVICE.
COUNCIL ACTION: On motion of Councilmember Johnson, second by Councilmember Cockrell, voted unanimously to approve and numbered ORDINANCE NO. 6875.
2) BILL NO. 09-131 AN ORDINANCE AUTHORIZING THE EXECUTION OF AN INTERGOVERNMENTAL CONTRACT FOR TRANSIT SERVICE BY AND BETWEEN THE CITY OF LEE’S SUMMIT, MISSOURI AND THE KANSAS CITY AREA TRANSPORTATION AUTHORITY FOR THE #252 – LEE’S SUMMIT METROFLEX CIRCULATOR SERVICE.
COUNCIL ACTION: After discussion and clarification, on motion of Councilmember Hallam, second by Councilmember Johnson, voted unanimously to approve and numbered ORDINANCE NO. 6876.
Mayor Messerli presiding at 6:45 p.m.
3) BILL NO. 09-132 AN ORDINANCE AUTHORIZING THE EXECUTION OF AN INTERGOVERNMENTAL COOPERATIVE AGREEMENT BETWEEN THE CITY OF LEE’S SUMMIT, MISSOURI AND THE CITY OF RAYTOWN, MISSOURI FOR TRANSIT SERVICE PROVIDED BY KANSAS CITY AREA TRANSPORTATION AUTHORITY TO A PARK-AND-RIDE LOCATION IN RAYTOWN, MISSOURI.
COUNCIL ACTION: On motion of Councilmember Hofmann, second by Councilmember Gray, voted unanimously to approve and numbered ORDINANCE NO. 6877.
B. BILL NO. 09-133 AN ORDINANCE AUTHORIZING THE EXECUTION OF A SUPPLEMENTAL AGREEMENT FOR MISSOURI HIGHWAYS AND TRANSPORTATION COMMISSION AMERICAN RECOVERY AND REINVESTMENT ACT FEDERAL AID PROGRAM BY AND BETWEEN THE MISSOURI HIGHWAYS AND TRANSPORTATION COMMISSION AND THE CITY OF LEE'S SUMMIT, MISSOURI, FOR THE EXTENSION OF TODD GEORGE PARKWAY
COUNCIL ACTION: On motion of Councilmember Swearngin, second by Councilmember Cockrell, voted unanimously to approve and numbered ORDINANCE NO. 6878.
C. PUBLIC WORKS:
1) Award of a one-year contract with two possible one-year renewals for RFP 10-003 - on-call yearly erosion prevention and sediment control services to Soil-Tek based on the cost breakdown shown in Exhibit B. (Removed - duplication of Item 3B.)
2) Status Discussion and Update of Land Use Plan for the Northeast Quadrant of the Lee's Summit Municipal Airport.
COUNCIL ACTION: Staff provided the Council with the scope of services entailed in developing this portion of the Airport, with the ultimate goal to prepare for business growth. No Council action required at this time.
3) Approval of Supplemental Agreement No. 5 to Agreement dated April 21, 2004 Aviation Project Design Consultant Agreement with Crawford, Murphy & Tilly, Inc. (CMT) for Design Services for the Airport Development project with a reduction in the the contract not-to-exceed amount of $77,895.13 for a new not to exceed amount of $2,285,938.25.
COUNCIL ACTION: On motion of Councilmember Swearngin, second by Councilmember Hofmann, voted 7 “aye”, 1 “no” (Councilmember Spallo) for approval.
D. DISCUSSION: Request by the Developer under the Ritter Plaza TIF Contract for approval of: A waiver of the prohibition against "quick lube or oil change operations or tire retailers" in the Ritter Plaza Redevelopment Area; AND, permission for a duplicate Firestone Complete Auto Care store to be located in the Ritter Plaza Redevelopment Area.
COUNCIL ACTION: Council reached a consensus to present this item to the Public Works Committee for further discussion and clarification and then back to the full Council at a later date.
E. UPDATE on the Greenway / Storm Water Plan Implementation.
COUNCIL ACTION: Information was provided to the Council by the Public Works Department. No Council action required.
6. COMMITTEE REPORTS:
Liaison Reports:
• Councilmember Hofmann noted that Lee’s Summit Cares received grant money
• Mayor Messerli advised Hope House suffered a huge loss in grants and would benefit greatly from donations. She applauded Police Chief Piccinini for his work with this organization to minimize the impact on services.
7. ROUNDTABLE:
• Councilmember Swearngin wished everyone a safe and happy holiday season. Mayor Messerli agreed and thanked Council and Staff for their efforts this year.
ADJOURNMENT: 8:05 p.m.
Trisha Whitehead
Deputy City Clerk
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