CITY COUNCIL ACTION LETTER CITY OF LEE’S SUMMIT Thursday, September 19, 2010 REGULAR SESSION NO. 9
5:30 P.M. CLOSED SESSION: On motion of Councilmember Hallam, second by Councilmember Hofmann, the Council
voted unanimously to hold a closed session pursuant to Section 610.021(1) of
the RSMo.
6:17 P.M. Mayor
Rhoads called Regular Session No.9 to order.
Invocation –Mayor Rhoads
Roll Call –
Councilmember Jim Hallam Present Councilmember Kathy Hofmann Present
Councilmember Dave Mosby Present Councilmember
Allan Gray Present
Councilmember Joseph Spallo Present Councilmember Ed Cockrell Absent
APPROVAL OF AGENDA: On
motion of Councilmember Hallam, second by Councilmember Cockrell, voted unanimously
to approve the published amended agenda.
1. PUBLIC COMMENTS:
· Ms. Kathy Smith thanked Mr. Stan Christopher and Mr. Mike Atcheson for
their service on the Planning Commission.
· Ms. Sherry Zans of Ashton at Charleston Park, representing residents of
Ashton, expressed her concern with the continued closure of the westbound Blue Parkway and Todd George Road.
2. COUNCIL COMMENTS: There were no Council Comments.
3. APPROVAL OF CONSENT AGENDA: COUNCIL ACTION: On motion of Councilmember Hallam,
second by Councilmember Cockrell, the Council voted 7 “Aye”, 1 “No”
(Councilmember Spallo) to approve the consent agenda, as follows:
A. MAYOR’S APPOINTMENTS:
Board of Aeronautic Commissioners:
Appoint Garey Reeves term to expire 9/14/13 and James Brady
term to expire 9/14/14; and reappoint the following: Jeanne Willerth and Charles Hasek terms to
expire 9/14/11; Cathy Bordner and Phil Mall terms to expire 9/14/12; Gary Fox
term to expire 9/14/13; and, Ken Stremming term to expire 9/14/14
Public Safety Advisory Board:
Appoint Bill Morrow term to expire 5/1/11 and reappoint the
following: Dennis Fuhrman, Jack Volz and
Fred Pickard terms to expire 5/1/12; and Drayton Riley, Steve Caruso and
Dorothy Hedrick terms to expire 5/1/13
B. Mayor Pro-Tempore
Appointments City Council Rules Committee.
C. FINANCE AND PERSONNEL COMMITTEE: Recommendation to
Award RFP10-113 to Evergreen Solutions for a One Time contract to provide a
total compensation study in the amount of $46,950. This item
was considered by the Finance and Personnel Committee on September 7, 2010. This item moved to
Other Business per Council’s request.
D. PLANNING AND DEVELOPMENT: One year time extension for Preliminary Development
Plan approval for Whitestone Development, "Crossbrook of Lee's Summit". Crossbrook
is a mixed use senior housing development located on the north side of 3rd
Street, west of Pryor Road adjacent to the west side railroad right-of-way.
E. POLICE DEPARTMENT:
1) Approval of Type
G3 & K-temp liquor license for Yuki Hana Japanese & Chinese Restaurant,
601 NE Woods Chapel Road.
2) Approval of Type
K-Permanent Liquor License for Rumor’s Steakhouse, 4835 NE Lakewood Way.
F. PUBLIC WORKS COMMITTEE: NOTE: The following items were
considered by the Public Works Committee on September 1, 2010.
1) Award of the
On-Call agreement for Professional Engineering Services (RFP 10-142-2) for
water and sanitary sewer to Larkin Group, Inc. for a one year period with
two additional one year renewal options.
2) Award of the
on-Call Agreement for Professional Engineering Services (RFP 10-142-1) for
water and sanitary sewer to HDR Engineering, Inc. for a one year period with
two additional one year renewal options.
3) Award of Bid
No. 10-145 for a one-year contract with two (2) possible
one-year contract renewals for Meter Setting Parts for the Water
Utilities Division to Water Products, Inc. based on the unit prices
reflected in attached bid tabulation.
4) Approval of Change
Order No. 4 for the contract with George J. Shaw Construction Co. for East Prairie
Lee Excess
Flow Holding
Basin, Bid No. 35202-C,
for an increase of $3,799.40 for a revised contract amount of $577,172.55.
5) Award of Bid No.
44404-C for Ward Road
and Longview Road Intersection Improvements to Mega Industries
Corporation in the amount of $526,730.75.
6) Approval of Change
Order No. 1 to the contract with Metro-Wide Resources for Stormwater
Improvements - Phase 3, Bid No. 79801-3C; increase of $17,298.00 for a revised
contract amount of $265,536.75.
7) Award of Contract
#10-111 for a one-year contract with two possible one-year contract
renewals for Street Lighting Products for the Public Works Operations Division
to Sun Valley Lighting for the unit prices reflected in the attached
Seller's Price Sheet.
4. PROPOSED ORDINANCES:
A. BILL NO.
10-95 AN ORDINANCE GRANTING A SPECIAL USE PERMIT
RENEWAL FOR TELECOMMUNICATIONS TOWER AND NEW EXTERNAL ANTENNA CO-LOCATION IN
DISTRICT CP-2 ON LAND LOCATED AT 1749 SE LANGSFORD ROAD 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.
#10-012) COUNCIL ACTION: On motion of Councilmember Johnson, second by Councilmember
Gray, the Council voted unanimously to approve and numbered ORDINANCE NO. 6973.
B. BILL NO.
10-96 AN ORDINANCE APPROVING A PRELIMINARY DEVELOPMENT PLAN ON
LAND LOCATED AT 2800 NE HAGAN ROAD, IN DISTRICTS AG AND RP-1, PROPOSED LEE’S
SUMMIT AIRPORT EAST TERMINAL AREA, ALL IN ACCORDANCE WITH THE PROVISIONS OF
UNIFIED DEVELOPMENT ORDINANCE, NO. 5209, FOR THE CITY OF LEE'S SUMMIT, MISSOURI.(Appl. #10-035) COUNCIL ACTION: On motion of Councilmember Cockrell, second by Councilmember Hof, the
Council voted 6 “Aye”, 2 “No” (Councilmembers Johnson and Spallo) to approve
and numbered ORDINANCE NO. 6974.
C. BILL NO.
10-97 AN ORDINANCE AMENDING APPENDIX B TO CHAPTER
29 OF THE CODE OF ORDINANCES OF THE CITY OF LEE'S SUMMIT BY REVISING THE
STOPPING, STANDING AND PARKING RESTRICTIONS FOR CERTAIN STREETS AND SEGMENTS OF
STREETS LOCATED IN THE CITY OF LEE'S SUMMIT TO CREATE A "NO PARKING"
ZONE ALONG BOTH SIDES OF TUDOR ROAD FROM SCRUGGS ROAD TO SAVOY STREET. COUNCIL ACTION: On motion of Councilmember Mosby, second by Councilmember Gray, the
Council voted 7 “Aye”, 1 “No” (Councilmember Johnson) to approve and numbered ORDINANCE NO. 6975.
D. BILL NO.
10-98 AN ORDINANCE AMENDING APPENDIX A TO CHAPTER
29 OF THE CODE OF ORDINANCES OF THE CITY OF LEE'S SUMMIT,BY REVISING THE SPEED
LIMITS FOR CERTAIN STREETS AND SEGMENTS OF STREETS LOCATED IN THE CITY OF LEE'S
SUMMIT.
COUNCIL ACTION: (Moved to Other Business during Approval of
Agenda.)
E. BILL NO.
10-99 AN ORDINANCE AMENDING
THE CITY OF LEE’S SUMMIT
POSITION CLASSIFICATION PLAN BY ESTABLISING A NEW SYSTEM ANALYST POSITION FOR
THE INFORMATION TECHNOLOGY SERVICES DEPARTMENT. COUNCIL ACTION: On motion of Councilmember Whitley, second by Councilmember Hallam, the
Council voted unanimously to approve and numbered ORDINANCE NO. 6976.
F. BILL NO.
10-102 AN ORDINANCE AUTHORIZING THE EXECUTION OF A GRANT
APPLICATION FOR FISCAL YEAR 2011 HISTORIC PRESERVATION FUND GRANTS – NATIONAL REGISTER
PROJECTS, FOR THE PROJECT ENTITLED “LEE’S SUMMIT WEST SIDE NATIONAL REGISTER
NOMINATIONS.” COUNCIL ACTION: On motion of Councilmember Hofmann, second by Councilmember Gray, the
Council voted unanimously to approve and numbered ORDINANCE NO. 6977.
5. PROPOSED RESOLUTIONS:
A. RES. NO. 10-11 A RESOLUTION GRANTING THE
CITY COUNCIL’S ADVICE AND CONSENT UNDER CITY CHARTER SECTION 3.10(e) TO
APPRROVE THE APPOINTMENT OF SUBSTITUTE PROSECUTORS FOR THE PROSECUTION OF
VIOLATIONS OF CITY ORDINANCES BEFORE THE MUNICIPAL COURT.
COUNCIL ACTION: On motion of Councilmember Hallam, second by Councilmember
Cockrell, the Council voted unanimously to approve and Resolution No. 10-11.
B. RES. NO. 10-12 A RESOLUTION OF THE CITY OF LEE’S SUMMIT,
MISSOURI AFFIRMATIVELY ASSENTING TO THE ISSUANCE OF REVENUE BONDS PAYABLE FROM
REVENUES TO BE DERIVED FROM THE OPERATION OF THE LITTLE BLUE VALLEY SEWER
SYSTEM IN AN AMOUNT NOT TO EXCEED $120,000,000 FOR THE PURPOSE OF FINANCING THE
ATHERTON TREATMENT PLANT AND CONVEYANCE SYSTEMS IMPROVEMENTS IN ACCORDANCE WITH
SECTION 204.565, REVISED MISSOURI STATUTES.
COUNCIL ACTION: On motion of Councilmember Cockrell, second by
Councilmember Gray, the Council voted 7 “Aye”, 1 “No” (Councilmember Spallo) to
approve and Resolution No. 10-12.
C. RES. NO. 10-13 A
RESOLUTION ESTABLISHING THE WATER UTILITIES STRATEGIC PLAN COMMUNITY ADVISORY
GROUP FOR THE CITY OF LEE’S SUMMIT,
MISSOURI. COUNCIL ACTION: On motion of Councilmember Hallam, second by Councilmember
Cockrell, the Council voted unanimously to approve and Resolution No. 10-13.
6. PROCLAMATIONS:
A. A Proclamation in appreciation to Mr. Stan
Christopher and Mr. Mike Atcheson for their service on the Planning Commission.
COUNCIL ACTION: No Council Action required.
7. PRESENTATIONS:
A. Landscape Contest Winners
COUNCIL ACTION: No Council Action required.
8. PUBLIC HEARINGS:
A. SPECIAL USE
PERMIT - Renewal for automotive sales, Herrington Automotive, 201 SE Green Street;
Patrick Herrington, applicant. (Appl. #10-048) COUNCIL ACTION: On motion of Councilmember
Cockrell, second by Councilmember , the Council voted 6 “Aye”, 2 “No”
(Councilmembers Gray and Spallo) to direct Staff to DRAFT AN ORDINANCE approving Appl.
#2010-048 – Special Use Permit renewal for automotive sales - Herrington
Automotive, 201 SE Green Street; Patrick Herrington, applicant, subject to
Staff's letter dated September 8, 2010, Items 1-3.
B. VACATION OF RIGHT-OF-WAY – a portion of NE Lakewood Way,
Crown Pointe, Lot 1-1 (SE Corner), 5950 NE Lakewood Way;
Engineering Solutions, applicant. (Appl. #10-052) COUNCIL
ACTION: On motion of Councilmember
Hallam, second by Councilmember Cockrell, the Council voted unanimously to direct
Staff to DRAFT AN ORDINANCE approving
Application #2010-052 Vacation of Right-Of-Way - a portion of NE Lakewood Way -
Crown Pointe, Lot 1-A (SE corner), 5950 NE Lakewood Way; Engineering Solutions,
applicant, subject to Staff’s letter dated September 8, 2010.
C. PUBLIC HEARING TO ESTABLISH THE
2010 TAX LEVY FOR THE CITY OF LEE'S SUMMIT, JACKSON AND CASS COUNTIES, MISSOURI. COUNCIL ACTION: On motion of Councilmember Cockrell,
second by Councilmember , the Council voted 4 “Aye” (Councilmembers Gray,
Hallam, Hofmann and Cockrell), 4 “No” (Councilmembers Spallo, Mosby, Whitley
and Johnson), Mayor Rhoads “Aye” to direct Staff to PRESENT AN ORDINANCE setting the 2010
property tax rates as follows: General
Fund $ .8966, Parks &
Recreation $ .1596, Debt Service $ .4697. Total $1.5259 per $100 of Assessed
Value. (Option A).
9. OTHER BUSINESS:
A. BILL NO. 10-100 ORDINANCE SETTING THE 2010 TAX LEVY FOR
THE CITY OF LEE'S SUMMIT, JACKSON AND CASS COUNTIES, MISSOURI. COUNCIL ACTION: On motion of Councilmember Gray, second by Councilmember Hofmann, the
Council voted 4 “Aye” (Councilmembers Gray, Hallam, Hofmann and Cockrell), 4
“No” (Councilmembers Spallo, Mosby, Whitley and Johnson), Mayor Rhoads “Aye” to approve and numbered ORDINANCE NO. 6980.
B. RES. NO. 10-14 A RESOLUTION AUTHORIZING THE EXECUTION OF A FIXED
BASED OPERATOR AGREEMENT BY AND BETWEEN THE CITY OF LEE'S SUMMIT,
MISSOURI, AND R&D AMERICAN AVIATION, LLC. COUNCIL ACTION: On motion of Councilmember Cockrell, second by
Councilmember Hallam, the Council voted 5 “Aye”, 3 “No” (Councilmembers
Johnson, Spallo and Whitley) to approve and Resolution No. 10-14.
C. BILL NO. 10-101 AN ORDINANCE APPROVING AMENDMENT NO. 2 TO ORDINANCE
NO. 6939, WHICH ADOPTED THE BUDGET FOR FISCAL YEAR ENDING JUNE 30, 2011, BY
REVISING THE AUTHORIZED BUDGET EXPENDITURES OF THE GENERAL AND AIRPORT FUNDS OF
THE CITY OF LEE'S SUMMIT, MISSOURI. COUNCIL ACTION: On motion of Councilmember Hallam, second by Councilmember Gray, the
Council 5 “Aye”, 3 “No” (Councilmembers Johnson, Spallo and Whitley) to approve
and numbered ORDINANCE NO 6978.
D. FINANCE AND PERSONNEL COMMITTEE: Recommendation to
Award RFP10-113 to Evergreen Solutions for a One Time contract to provide a
total compensation study in the amount of $46,950. This item
was considered by the Finance and Personnel Committee on September 7, 2010.
COUNCIL ACTION: On motion of Councilmember Hallam,
second by Councilmember Gray, the Council voted unanimously to award RFP 10-113
to Evergreen Solutions for a One Time contract
to provide a total compensation study in the amount of $46,950. E. BILL NO. 10-98 AN ORDINANCE
AMENDING APPENDIX A TO CHAPTER 29 OF THE CODE OF ORDINANCES OF THE CITY OF
LEE'S SUMMIT,BY REVISING THE SPEED LIMITS FOR CERTAIN STREETS AND SEGMENTS OF
STREETS LOCATED IN THE CITY OF LEE'S SUMMIT. COUNCIL ACTION: On motion of Councilmember Spallo, second by Councilmember Hallam, the Council
voted 6 “Aye”, 2 “No” (Councilmembers Johnson and Whitley) to approve and
numbered ORDINANCE NO. 6979.
10. COMMITTEE REPORTS:
· Finance and Personnel Committee – Budget discussions will be difficult
this year and is looking for Council input on the difficult issues.
11. ROUNDTABLE:
· Councilmember Mosby expressed his appreciation to residents, Council and
Staff regarding efforts regarding the intersection of Blue Parkway and Todd George Road. He hopes to see additional efforts on this
project.
o Councilmember Johnson would like an update on this project presented to
Council at the next available Work Session. Councilmember Hallam agreed.
· Councilmember Hofmann advised the MML conference held this week in St. Charles was very
insightful.
ADJOURNMENT: 8:31
p.m.
Trisha Whitehead
Deputy City Clerk

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