CITY COUNCIL ACTION LETTER Thursday, August 20, 2009
CITY COUNCIL ACTION LETTER CITY OF LEE’S SUMMIT
Thursday, August 20, 2009
REGULAR SESSION NO. 40
5:30 P.M. CLOSED SESSION: On motion of Councilmember Hallam, second by Councilmember Swearngin, voted unanimously (Councilmember Spallo “absent”) to hold a closed session pursuant to Section 610.021(14) of the Revised Statutes of the State of Missouri.
6:20 P.M. Mayor Pro-Tem Rhoads presiding.
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 Absent Councilmember Ed Cockrell Present
Councilmember Nick Swearngin Present Councilmember Bob Johnson Present
APPROVAL OF AGENDA: Mayor Rhoads advised that Item No. 4.D.2) was pulled from the agenda.
COUNCIL ACTION: On motion of Councilmember Cockrell, second by Councilmember Swearngin, voted unanimously (Councilmember Spallo “absent”) to approve the published agenda, as amended.
1. PUBLIC COMMENTS: Mr. Ralph Sole presented objections to the removal of stop signs at the corner of Green and First streets. His objections were not only due to the location of the elementary school but because he was dependent on the intersection for his walks. Traffic and the speed of vehicles increased with removal of the signs. As a blind person, he must listen for the traffic and tell his dog when to cross. His neighbors were also opposed to removal of the signs.
2. COUNCIL COMMENTS: During their District 1 meetings, Councilmembers Hofmann and Hallam discussed the removal of stop signs at Green and First with residents. The councilmembers also felt the signs should be reinstalled. Staff was asked to review.
3. APPROVAL OF CONSENT AGENDA:
COUNCIL ACTION: On motion of Councilmember Hallam, second by Councilmember Hofmann, the Council voted unanimously (Councilmember Spallo “absent”), to approve the consent agenda, removing Item 3.D.2) from the agenda, as follows:
A. CITY CLERK: Approval of Minutes from the May 14, 2009, Special Session.
B. FINANCE AND PERSONNEL COMMITTEE:
NOTE: The following items were considered by the Finance and Personnel Committee on August 4, 2009.
1) Award of Bid 09-150 for a one-year contract with two possible one-year contract renewals for Uniforms and Accessories for the Police Department to Alamar Uniforms, based on the unit price reflected in the attached bid tabulation.
2) Award of Bid No. 09-163 for a one-year contract with two possible one-year contract renewals for Petroleum Products for various City Departments to Heathwood Oil Co., Inc. based on unit prices reflected in attached bid tabulation.
C. POLICE DEPARTMENT: Approval of a Change of Corporate Officers for Wal-Mart Supercenter #573, 1000 NE Sam Walton Lane.
D. PUBLIC WORKS COMMITTEE:
NOTE: The following items were considered by the Public Works Committee on August 5, 2009.
1) Approval of Modification No. 1, RFQ NO. 09-036, to an Agreement with HDR/Archer Engineers for Professional Engineering Services for the Cedar Creek Interceptor Improvements, for an increase of $59,104.00 for a new contract amount of $394,131.00.
2) Approval for the Mayor to Execute a Sanitary Sewer Easement from the City of Lee's Summit, Missouri, to the City of Lee's Summit, Missouri.
NOTE: This item was removed from the agenda with approval of the agenda.
3) Award of RFQ 08-084 for design services of a new Fire Station #2 to Williams, Spurgeon, Kuhl, & Freshnock Architects, Inc. aka WSKF for a maximum agreement amount of $266,250.
4) Award of Bid No. 09-177 for a one year contract with optional two one-year renewals for Vacuum Excavation Services for the Public Works Department to TWS Technical Services, LLC based on unit prices reflected in attached bid tabulation.
5) Approval of an Agreement with TapanAm Associates, Inc. for Professional Engineering Services for the Longview Blvd. Street Lighting Project, RFQ 08-107-5, in the amount of $64,366.
6) Award of Bid No. 09-154 for a one-year contract with two possible one-year contract renewals for Rock for various City departments to Barber & Son's Aggregate based on unit prices reflected in attached bid tabulation.
7) Award of Bid No. 09-165 for a one-year contract with two possible one-year contract renewals for Regulatory Signs for the Public Works Operations Division to Vulcan Signs based on unit prices reflected in attached bid tabulation.
8) Award of RFQ 09-161 for a one-year contract with two possible one-year renewal options for On-call Architect and Engineering Services to Warman Architecture + Design for multiple City departmental use.
Councilmember Gray recognized two Boy Scouts from Troop 391.
4. PUBLIC HEARINGS:
A. PUBLIC HEARING setting the Tax Levy for the year 2009 for the City of Lee’s Summit, Jackson and Cass Counties, Missouri.
COUNCIL ACTION: Council reached a consensus to consider an ordinance setting the tax levy for the year 2009 with a voluntary rollback. (See Item #9.B.2, Bill No. 09-76.)
5. PROPOSED ORDINANCES:
A. BILL NO. 09-72 AN ORDINANCE AMENDING CHAPTER 21, PLANNING AND DEVELOPMENT, OF THE CODE OF ORDINANCES, CITY OF LEE’S SUMMIT, MISSOURI, BY ESTABLISHING A NEW ARTICLE IV, CDBG ADMINISTRATION, PROVIDING FOR ADMINISTRATION OF THE FIRST TIME HOME BUYER AND MINOR HOME REPAIR PROGRAM, AND ESTABLISHING A PROCEDURE FOR DETERMINING AND DOCUMENTING CONFLICT OF INTEREST DECISIONS IN THE ADMINISTRATION OF THE CDBG PROGRAM, IN CONFORMANCE WITH HUD REGULATIONS.
COUNCIL ACTION: On motion of Councilmember Swearngin, second by Councilmember Hallam, voted unanimously (Councilmember Spallo “absent”) to approve and numbered ORDINANCE NO. 6819.
B. BILL NO. 09-73 AN ORDINANCE APPROVING A SETTLEMENT AGREEMENT AND BINDING UNILATERAL AGREEMENT WITH SOUTHWESTERN BELL TELEPHONE COMPANY AND RELATED ENTITIES RELATING TO PAYMENT OF BUSINESS LICENSE TAXES.
COUNCIL ACTION: On motion of Councilmember Gray, second by Councilmember Hallam, voted unanimously (Councilmember Spallo “absent”) to approve and numbered ORDINANCE NO. 6820.
C. BILL NO. 09-74 AN ORDINANCE FINDING THE KENSINGTON FARM IMPROVEMENT PROJECT TO BE COMPLETED, ASSESSING THE COSTS OF SUCH PROJECT AGAINST THE PROPERTIES LIABLE THEREFORE, AND PROVIDING FOR THE COLLECTION OF SUCH SPECIAL ASSESSMENTS. (F & PC 8/4/09)
COUNCIL ACTION: On motion of Councilmember Cockrell, second by Councilmember Hofmann, voted unanimously (Councilmember Spallo “absent”) to approve and numbered ORDINANCE NO. 6821.
6. PROPOSED RESOLUTIONS:
A. RES. NO. 09-15 A RESOLUTION AUTHORIZING THE EXECUTION OF A FIXED BASE OPERATOR AGREEMENT BY AND BETWEEN THE CITY OF LEE’S SUMMIT, MISSOURI, AND RENEGADE LIGHT SPORT & ROTORCRAFT LLC.
COUNCIL ACTION: Resolution No. 09-15 was read by the City Clerk. On motion of Councilmember Hallam, second by Councilmember Gray, voted unanimously (Councilmember Spallo “absent”), to ADOPT RES. NO. 09-15.
B. RES. NO. 09-16 A RESOLUTION SUPPORTING THE CREATION AND APPOINTMENT OF A COMPLETE COUNT COMMITTEE TO IMPLEMENT A COMMUNITY EDUCATION CAMPAIGN FOR THE UPCOMING 2010 CENSUS.
COUNCIL ACTION: Resolution No. 09-16 was read by the City Clerk. On motion of Councilmember Cockrell, second by Councilmember Hofmann, voted unanimously (Councilmember Spallo “absent”), to ADOPT RES. NO. 09-16.
7. PRESENTATIONS:
A. Presentation of the 2009 Lee's Summit Landscape Awards by the Beautification Commission.
COUNCIL ACTION: No Council action required. Awards were presented by the Beautification Commission to the winners of the 8th Annual Landscape contest.
8. PUBLIC HEARINGS:
A. PUBLIC HEARING: UDO AMENDMENT #34 to the UNIFIED DEVELOPMENT ORDINANCE (UDO) – Articles 4, 5, 8 13 & 14 – to combine Pl-1 (light industrial) and Pl-2 (heavy industrial) into one Pl (planned industrial) district and require a Special Use Permit for heavy industrial uses, City of Lee’s Summit, applicant. (Appl. #09-049)
COUNCIL ACTION: On motion of Councilmember Cockrell, second by Councilmember Hofmann, voted unanimously (Councilmember Spallo “absent”), to direct Staff to DRAFT AN ORDINANCE approving the proposed changes to the UDO, according to Staff’s letter dated August 12, 2009.
9. OTHER BUSINESS:
A. 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 to the SEPTEMBER 3, 2009, City Council meeting.
B. Setting the Tax Levy for the year 2009:
COUNCIL ACTION: Council reached a consensus to consider Bill No. 09-76. (See Item No. 4.A. above.)
1) OPTION #1 BILL NO. 09-75 AN ORDINANCE SETTING THE TAX LEVY FOR THE YEAR 2009 FOR THE CITY OF LEE’S SUMMIT, JACKSON AND CASS COUNTIES, MISSOURI. (Increased Levies)
2) OPTION #2 BILL NO. 09-76 AN ORDINANCE SETTING THE TAX LEVY FOR THE YEAR 2009 FOR THE CITY OF LEE’S SUMMIT, JACKSON AND CASS COUNTIES, MISSOURI. (Voluntary Rollback)
COUNCIL ACTION: On motion of Councilmember Hallam, second by Councilmember Hofmann, voted 5 “aye”, 2 “no” (Councilmembers Swearngin and Gray), 1 “absent” (Councilmember Spallo) to approve and numbered ORDINANCE NO. 6818.
C. DISCUSSION on curb replacement and repair program.
COUNCIL ACTION: Following presentation from Staff, the Council reached a consensus to send this issue to the Public Works Committee for further discussion.
10. COMMITTEE REPORTS: There were no committee reports.
11. ROUNDTABLE
• In answer to a question from Councilmember Swearngin, Mr. Tom Lovell, Director of Parks and Recreation, advised the Council that business owners within the city were eligible for Park discounts, even if their residence was outside the city limits.
• Councilmember Gray asked Mr. Lovell about the gateway signs that were proposed several years ago. Mr. Lovell advised that the concept was approved but no funding identified. He agreed this would be valuable exposure for the city as a whole. Mr. Arbo explained there was a study funded at a cost of $50,000 but the next step never occurred because of fiscal issues. Councilmember Gray would like to see this placed back in the mix for future budgets.
ADJOURNMENT: 8:43 p.m.
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Denise Chisum, MMC/MPCC
City Clerk
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