City of Lee's Summit Council Action Letter 12.03.09
CITY COUNCIL ACTION LETTER
CITY OF LEE’S SUMMIT
Thursday, December 3, 2009
REGULAR SESSION NO. 47
6:15 P.M. Mayor Messerli presiding.
Invocation –Mayor Messerli
Roll Call –
Councilmember Jim Hallam Absent 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
Also present: Mr. Stephen Arbo, City Manager, and Ms. Teresa Williams, City Attorney.
APPROVAL OF AGENDA: On motion of Councilmember Cockrell, second by Councilmember Swearngin, voted unanimously (Councilmember Hallam “absent”) to approve the amended agenda. 1. PUBLIC COMMENTS: No one was present to address the Council.
2. COUNCIL COMMENTS: Mayor Messerli advised the December 10, 2009, Work Session has been cancelled.
3. APPROVAL OF CONSENT AGENDA:
COUNCIL ACTION: On motion of Councilmember Swearngin, second by Councilmember Gray , the Council voted unanimously (Councilmember Hallam “absent”) to approve the consent agenda, as follows:
A. CITY CLERK: Approval of Minutes from the September 3, 2009 Regular Session.
B. FINANCE AND PERSONNEL:
NOTE: The following items were considered by the Finance and Personnel Committee on November 17, 2009.
1) Award of Bid No. 10-030 for a one-year contract with two possible one-year contract renewals for the purchase of Wix Manufactured Automotive Filters for the Fleet Division to Napa Auto Parts based on unit prices reflected in attached bid tabulation.
2) Award of Bid No. 10-021 for a One Year Contract with Two Possible One year Contract Renewals for Mailing Services for various city departments to Strahm Automation based on unit price reflected in the attached bid tabulation.
C. PLANNING AND DEVELOPMENT: Approval of Special Event for ReDiscover’s request to close SW Main Street between 2nd and 3rd Street for “Paws for a Cause Event” on Saturday, June 12, 2010 located at 220 SW Main Street; ReDiscover, applicant.
4. PROPOSED ORDINANCES:
A. BILL NO. 09-115 AN ORDINANCE AUTHORIZING AND DIRECTING THE ISSUANCE, SALE AND DELIVERY OF $5,000,000 PRINCIPAL AMOUNT OF GENERAL OBLIGATION BONDS, SERIES 2009, OF THE CITY OF LEE'S SUMMIT, MISSOURI; PRESCRIBING THE FORM AND DETAILS OF SAID BONDS; PROVIDING FOR THE LEVY AND COLLECTION OF AN ANNUAL TAX FOR PURPOSE OF PAYING THE PRINCIPAL OF AND INTEREST ON SAID BONDS AS THEY BECOME DUE; AND AUTHORIZING CERTAIN OTHER DOCUMENTS AND ACTIONS IN CONNECTION THEREWITH.
COUNCIL ACTION: On motion of Councilmember Cockrell, second by Councilmember Gray, voted unanimously (Councilmembers Hallam “absent”) to approve and numbered ORDINANCE NO. 6859.
B. BILL NO. 09-116 AN ORDINANCE AUTHORIZING THE EXECUTION OF AN INTERGOVERNMENTAL AGREEMENT BY AND BETWEEN JACKSON COUNTY, MISSOURI AND THE CITY OF LEE’S SUMMIT FOR THE CONVEYANCE AND SHARED USE OF A SURPLUS VEHICLE. (F&PC 11/17/09)
COUNCIL ACTION: On motion of Councilmember Rhoads, second by Councilmember Spallo, voted unanimously (Councilmembers Hallam “absent”) to approve and numbered ORDINANCE NO. 6860.
C. BILL NO. 09-117 AN ORDINANCE AUTHORIZING THE EXECUTION OF THE HEART OF AMERICA REGIONAL COMPUTER FORENSICS LABORATORY COOPERATION AGREEMENT/MEMORANDUM OF UNDERSTANDING. (F&PC 11/17/09)
COUNCIL ACTION: On motion of Councilmember Gray, second by Councilmember Hofmann, voted unanimously (Councilmember Hallam “absent”) to approve and numbered ORDINANCE NO. 6861.
D. BILL NO. 09-118 AN ORDINANCE AMENDING THE CITY OF LEE'S SUMMIT SCHEDULE OF FEES AND CHARGES, ORDINANCE NO. 4634, AS IT RELATES TO AIRPORT FEES BY PROVIDING A RENTAL RATE FOR OFFICE SPACES LOCATED IN THE RECENTLY COMPLETED MODULAR UNITS LOCATED AT THE AIRPORT. (F&PC 11/17/09)
COUNCIL ACTION: On motion of Councilmember Swearngin, second by Councilmember Cockrell, voted unanimously (Councilmember Hallam “absent”) to approve and numbered ORDINANCE NO. 6862.
E. BILL NO. 09-119 AN ORDINANCE APPROVING THE ASSIGNMENT AND ASSUMPTION OF THE FIRST AMENDED AND RESTATED TAX INCREMENT FINANCING CONTRACT FOR THE I-470 AND 350 HIGHWAY TAX INCREMENT FINANCING PLAN BETWEEN R.E.D. CAPITAL HOLDINGS OF LEE’S SUMMIT, LLC AND R.E.D. CAPITAL HOLDINGS OF LEE’S SUMMIT SPE LLC.
COUNCIL ACTION: After discussion and clarification, on motion of Councilmember Spallo, second by Councilmember Hofmann, voted unanimously (Councilmember Hallam “absent”) to approve and numbered ORDINANCE NO. 6863.
F. CONTINUED BILL NO. 09-113 AN ORDINANCE APPROVING THE SECOND AMENDMENT TO FIRST AMENDED AND RESTATED TAX INCREMENT FINANCING CONTRACT BETWEEN R.E.D. CAPITAL HOLDINGS SPE OF LEE'S SUMMIT, LLC AND THE CITY OF LEE'S SUMMIT, MISSOURI. (NOTE: This item was continued from the November 19, 2009 Regular Session.)
COUNCIL ACTION: After discussion and clarification, on motion of Councilmember Hofmann, second by Councilmember Cockrell, voted 6 “aye”, 1 “no” (Councilmember Spallo), 1 “absent” (Councilmember Hallam) to approve and numbered ORDINANCE NO. 6864.
5. PROPOSED RESOLUTIONS:
A. RES. NO. 09-23 A RESOLUTION OF SUPPORT FOR JES DEV CO, INC., IN THEIR ENDEAVOR TO SUBMIT AN APPLICATION TO THE MISSOURI HOUSING DEVELOPMENT COMMISSION FOR THE FINANCING OF PHASE II OF WILSHIRE HILLS, A CONTINUATION OF WILSHIRE HILLS PHASE I, A LOW- TO MODERATE-INCOME HOUSING FOR SENIOR CITIZENS.
COUNCIL ACTION: On motion of Councilmember Cockrell, second by Councilmember Gray, voted 6 “aye”, 1 “abstain” (Councilmember Spallo) and 1 “absent” (Councilmember Hallam) to ADOPT RES. NO. 09-23.
6. PROCLAMATIONS:
A. Mayor Messerli recognized Ms. Susanne Mitko as the “Missouri Teacher of the Year” award recipient.
7. PUBLIC HEARINGS:
A. SPECIAL USE PERMIT for outdoor recreation – Horn Baseball Field, 5261 NE Maybrook Road; Douglas Horn, applicant. (Appl. #09-065)
(NOTE: This item was continued from the November 19, 2009 meeting per Staff’s request.)
COUNCIL ACTION: On motion of Councilmember Cockrell, second by Councilmember Swearngin , voted unanimously (Councilmember Hallam “absent”) to direct Staff to DRAFT AN ORDINANCE granting the special use permit, subject to Staff's letter dated November 30, 2009, noting Items 1, 2 and 3; amending Item 4 to waive the parking lot and curb and gutter requirements and concrete drive requirement; noting Item 7; noting Item 8 with Staff’s amendment as to the striking of the netting requirement; striking Item 9 as written; and, in subsequent amending motions to the original motion, the Council deleted Items 5, 6, and 10.
B. VACATION OF RIGHT-OF-WAY - 5th Street between SE Main Street and Union Pacific Railroad; James & Denise McIntosh, applicant. (Appl. #09-075)
COUNCIL ACTION: On motion of Councilmember Spallo, second by Councilmember Swearngin, voted unanimously (Councilmember Hallam “absent”) to direct Staff to DRAFT AN ORDINANCE to vacate the subject right-of-way, subject to Staff’s letter dated November 30, 2009.
C. SPECIAL USE PERMIT renewal for group day care - Stair Step Child Care, 124 SW Wind Ridge Circle; Patricia Holman, applicant. (Appl. #09-085)
COUNCIL ACTION: On motion of Councilmember Gray, second by Councilmember Cockrell, voted unanimously (Councilmember Hallam “absent”) direct staff to DRAFT AN ORDINANCE granting the special use permit renewal, subject to Staff's letter, Items 1 - 3.
8. OTHER BUSINESS:
A. PRESENTATION: Overview of proposed financing structure for Arnold Hall Redevelopment/Renovation.
COUNCIL ACTION: No Council action required on this item.
B. Mayor’s appointments to the Lee’s Summit, Missouri Municipal Building and Equipment Authority, Inc. Not-For-Profit Corporation.
COUNCIL ACTION: Mayor Messerli presented an amended list of appointments to the Board of Directors for this authority, which included her name as a member. Councilmembers directed Staff to add disclaimers in the Articles of Incorporation to assure that the City was not financially obligated in any form and to clarify that the Board was not acting as an agent on behalf of the City, that there was a clear and distinct separation. Council reached a consensus to CONTINUE this item to the December 17, 2009, Council meeting to allow the current Board of Directors and City Staff an opportunity to review and update the existing Articles of Incorporation and By-Laws.
C. DISCUSSION: Request by the Developer under the Ritter Plaza TIF Contract for approval of 1) a waiver of the prohibition against "quick lube or oil change operations or tire retailers" in the Ritter Plaza Redevelopment Area; and 2) permission for a duplicate Firestone Complete Auto Care store to be located in the Ritter Plaza Redevelopment Area. (The applicant is requesting this to be continued to the December 17, 2009 Regular City Council Meeting.)
COUNCIL ACTION: With approval of the agenda, this item was CONTINUED to the December 17, 2009, Council meeting.
D. MAYOR’S APPOINTMENTS: Reappoint all nine members of the Board of Appeals for staggered terms.
COUNCIL ACTION: On motion of Councilmember Cockrell, second by Councilmember Swearngin, voted unanimously (Councilmember Hallam “absent”) to APPROVE Mayor’s reappointments to the Board of Appeals.
9. COMMITTEE REPORTS: • Councilmember Swearngin mentioned a letter received by the City that clearly states the City’s Web site includes information on available HUD programs. If this was true, he thought the information should be removed because these programs were not a function of the City. According to the Lee’s Summit Housing Authority, no Section 8 funding was available.
10. ROUNDTABLE: No roundtable comments.
ADJOURNMENT: 8:40 p.m.
__________________________________
Trisha Whitehead
Deputy City Clerk
| 
