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City Council Action Letter Thursday, April 7, 2011
Thursday, April 7, 2011
REGULAR SESSION NO. 22
5:30 P.M. CLOSED SESSION: On motion of Councilmember Whitley, second by Councilmember Mosby, voted unanimously to hold a closed session pursuant to Section 610.021(1) and Section 610.021(2) of the Revised Statutes of the State of Missouri.
6:15 P.M. Mayor Rhoads called Regular Session No.22 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 Present Councilmember Brian Whitley Present Councilmember Bob Johnson Present
Deputy City Steve Arbo, City Attorney Teresa Williams and City Clerk Denise Chisum were also present.
APPROVAL OF AGENDA: On motion of Councilmember Whitley, second by Councilmember Gray, the Council voted unanimously to approve the published amended agenda.
1. PUBLIC COMMENTS: There were no public comments.
2. COUNCIL COMMENTS: There were no Council comments. 3. APPROVAL OF CONSENT AGENDA: COUNCIL ACTION: On motion of Councilmember Gray, second by Councilmember Hallam, the Council 7 “Aye”, 1 “No” (Councilmember Cockrell) to approve the consent agenda, as follows:
A. MAYOR’S APPOINTMENTS: Board of Adjustments: Re-appoint Shawn Geraghty term to expire 12-17-15.
Livable Streets Advisory Board: Appoint Sam Breckinridge, term to expire 2-17-13 and Eric Kratz, term to expire 2-17-14.
Parks and Recreation Board: Re-appoint Paula Belser, Brian Hutchin and Marly McMillen, terms to expire 5-31-14.
Planning Commission: Re-appoint Fred Delibrio, Daren Fristoe and Kurt Pycior terms to expire 4-15-15.
Public Safety Advisory Board: Re-appoint James Preisig and Bill Morrow, terms to expire 5-01-14.
4. RESOLUTIONS: A. RES. NO. 11-04 A RESOLUTION AUTHORIZING THE OFFERING FOR SALE OF GENERAL OBLIGATION BONDS OF THE CITY OF LEE’S SUMMIT, MISSOURI. COUNCIL ACTION: On motion of Councilmember Hallam, second by Councilmember Cockrell, the Council voted unanimously to APPROVE RES. NO. 11-04.
B. RES. NO. 11-05 A RESOLUTION ESTABLISHING A RECORDS RETENTION POLICY 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 RES. NO. 11-05.
Councilmember Gray and Mayor Pro-Tem Cockrell recognized Boy Scouts from Troop 366 that were in attendance.
5. PROCLAMATIONS:
A. Proclamation for 5th Annual Flights of Fancy. (Kite Festival at Longview) COUNCIL ACTION: No Council action required.
6. PUBLIC HEARINGS:
A. Liquor License Application – Request approval for liquor license from Blue Agave Tequilaria – 1469 SW Market Street - Type G3 & K-temp liquor license - located less than 300 ft from a church. COUNCIL ACTION: On motion of Councilmember Johnson, second by Councilmember Mosby, the Council voted unanimously to approve the Type G3 and K-Temporary liquor license application for the Blue Agave Tequilaria, 1469 SW Market Street.
B. CONTINUED - PRELIMINARY DEVELOPMENT PLAN and SPECIAL USE PERMIT for new telecommunications tower, 900 SW Blue Parkway; Colt & Garrett, LLC, applicant. (Appl. #PL10-017 & PL10-018) (This item was continued from March 3, 2011 per Council’s motion.) COUNCIL ACTION: This item was CONTINUED this Public Hearing to a date certain of April 21, 2011
C. CONTINUED - SPECIAL USE PERMIT – Southside Plaza Cell Tower on Wheels, 400 SW Nichols Road (site address 898 SW Blue Parkway), Verizon Wireless, LLC, applicant. (Appl. #2011-004) (This item was continued from March 3, 2011 per Council’s motion.) COUNCIL ACTION: This item was CONTINUED this Public Hearing to a date certain of April 21, 2011
7. OTHER BUSINESS: A. FINANCE AND PERSONNEL: Award of RFP No. 11-054 for a six month contract for Community Brand Development and Implementation for the City Administration department and the Community of Lee's Summit. COUNCIL ACTION: On motion of Councilmember Cockrell, second by Councilmember Hofmann, the Council voted unanimously to award of RFP No. 11-054 for a six month contract for Community Brand Development and Implementation for the City Administration department and the Community of Lee's Summit.
B. PUBLIC WORKS: NOTE: The following items were considered by the Public Works Committee on April 6, 2011. 1) Approval of Modification No. 2 to an On-call Agreement with Anderson Survey Company, Inc. for professional surveying services (RFQ No. 11-002) for fee of $27,424. COUNCIL ACTION: On motion of Councilmember Whitley, second by Councilmember Cockrell, the Council voted unanimously to approve Modification No. 2 to an On-call Agreement with Anderson Survey Company, Inc. for professional surveying services (RFQ No. 11-002) for fee of $27,424. 2) Approval of Modification No. 1, RFQ No 11001-D to the design contract with Wilson and Company, Inc. for Chipman Road View High to Bent Tree in the amount of $522,000.00, for a revised contract amount of $720,000.00. COUNCIL ACTION: On motion of Councilmember Hallam, second by Councilmember Mosby, the Council voted unanimously to approve Modification No. 1, RFQ No 11001-D to the design contract with Wilson and Company, Inc. for Chipman Road View High to Bent Tree in the amount of $522,000.00, for a revised contract not to exceed amount of $720,000.00.
C. PRESENTATION: Consideration of Selecting Development Initiatives for Redevelopment Consulting Services. COUNCIL ACTION: On motion of Councilmember Cockrell, second by Councilmember Gray, the Council voted unanimously (Councilmember Johnson “Away from Table”) to authorize Staff to draft a one-year term agreement with Development Initiatives in the “not to exceed” amount of $100,800 for the purpose of providing economic redevelopment strategies, funds to be allocated from the Economic Development Opportunity Reserve Balance.
D. CONTINUED DISCUSSION of Proposed Citywide Solid Waste/Curbside Recycling Program. COUNCIL ACTION: Motion was made by Councilmember Cockrell, seconded by Councilmember Hofmann, to direct Staff to CONTINUE with the DEVELOPMENT of a city-wide, incentive-based curb side recycling program.
Following discussion, Councilmember Mosby presented a substitute motion to direct Staff to CONTINUE development of BOTH ALTERNATIVES [incentive-based solid waste/curbside recycling program or ordinance for licensed haulers to provide certain services], and to answer questions asked by the Council in both areas. MOTION DIED for lack of second.
Discussion continued. On the ORIGINAL MOTION of Councilmember Cockrell and second by Councilmember Hofmann, the Council voted 5 “aye”, 3 “no” (Councilmembers Spallo, Mosby and Johnson) by roll call vote to approve. MOTION PASSED
On motion of Councilmember Cockrell, second by Councilmember Hallam, Council voted 5 “aye”, 3 “no” (Councilmembers Gray, Mosby and Spallo) by roll call vote to NOT INCLUDE YARD WASTE in the RFP. MOTION PASSED
On motion of Councilmember Cockrell, second by Councilmember Hallam, the Council voted unanimously by roll call vote that BILLING of services be provided by the private haulers. MOTION PASSED
Motion was made by Councilmember Johnson, seconded by Councilmember Mosby, that INDIVIDUAL HOUSEHOLDS be allowed to MOVE TO ANOTHER HAULER if dissatisfied with the designated hauler. MOTION FAILED on a vote of 3 “aye” (Councilmembers Spallo, Mosby and Johnson), and 5 “no”.
On motion of Councilmember Hallam, second by Councilmember Whitley, the Council voted unanimously that the RFP contain volume-based prices on different size CONTAINERS and option to use a bag for those users with small amounts of trash. MOTION PASSED unanimously.
On motion of Councilmember Hallam, second by Councilmember Cockrell, the Council voted 5 “aye, 3 “no” (Councilmembers Mosby, Gray and Johnson), to approve a FIVE YEAR CONTRACT. MOTION PASSED.
Staff discussed the idea of stickers for times when a household may have an abundance of trash, such as after a holiday. Councilmember Hallam moved to have a price for the stickers and have the haulers bid on the amount of each sticker. Motion was seconded by Councilmember Cockrell; however, the motion was later withdrawn by Councilmembers Hallam and Cockrell.
Motion was made by Councilmember Cockrell, seconded by Councilmember Gray, to direct Staff to HOLD A MEETING with the haulers to design the best economic zone pattern and advise Council at the earliest opportunity. MOTION PASSED unanimously.
Council held a discussion on customer service. Motion was made by Councilmember Cockrell, seconded by Councilmember Gray, to direct Staff to have DISCUSSIONS WITH HAULERS about CUSTOMER SERVICE and about best practices to handle this issue. Council voted 5 “aye”, 2 “no” (Councilmembers Spallo and Mosby), 1 “abstain” (Councilmember Hallam). MOTION PASSED.
E. DISCUSSION regarding Sister City Program. COUNCIL ACTION: No Council action required.
8. COMMITTEE REPORTS: No committee reports.
9. ROUNDTABLE: There were no comments for Roundtable.
ADJOURNMENT: There being no further business, Mayor Rhoads ADJOURNED the April 7, 2011, City Council meeting at 10:05 p.m.
Denise Chisum and Trisha Whitehead City Clerk, MCC/ MPCC Deputy City Clerk

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- CITY COUNCIL ACTION LETTER Thursday, December 15, 2011
- City Council Action Letter Thursday, December 1, 2011
- City Council Action Letter Thursday, November 17, 2011
- City Council Action Letter Thursday, November 3, 2011
- City Council Action Letter Thursday, October 20, 2011
- City Council Action Letter Thursday, September 15, 2011
- City Council Action Letter Thursday, September 1, 2011
- Thursday, August 11, 2011 SPECIAL SESSION NO. 6
- City Council Action Letter Thursday, August 4, 2011
- City Council Action Letter Thursday, July 21, 2011
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Toll roads not constitutional
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