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CITY COUNCIL ACTION LETTER Thursday, January 24, 2013
REGULAR SESSION NO. 17
6:15 P.M. Mayor Rhoads called Regular Session No.17 to order.
Invocation – Mayor Rhoads
Roll Call –
Councilmember Rob Binney Present Councilmember Kathy Hofmann Present
Councilmember Dave Mosby Present Mayor Pro-Tem Allan Gray Present
Councilmember Derek Holland Present Councilmember Ed Cockrell Present
Councilmember Brian Whitley Present Councilmember Bob Johnson Present
Deputy City Manager Brian Scott, City Attorney Teresa Williams and City Clerk Denise Chisum were also present.
APPROVAL OF AGENDA: Mayor Rhoads noted no material changes to agenda, however he would like to have Item 7.C. to immediately follow Item 7.A. On motion of Councilmember Whitley, second by Councilmember Binney, the Council voted unanimously to approve the published agenda as amended.
1. PUBLIC COMMENTS: There were no Public Comments.
2. COUNCIL COMMENTS:
• Mayor Pro Tem Gray wanted to recognize that the Council took a significant step forward last week when they adopted an ordinance calling for an election for General Obligation Bonds supporting roads and cultural arts. He stated the Council has always supported the arts and is glad to see this moving forward.
• Councilmember Binney asked Mr. Brian Scott, Deputy City Manager, when the Council would get an update from Springsted. Mr. Scott advised it is scheduled for February 14, 2013.
3. APPROVAL OF CONSENT AGENDA:
COUNCIL ACTION: On motion of Councilmember Whitley, second by Councilmember Binney, the Council voted unanimously to approve the Consent Agenda as follows:
A. Approval of City Council Action Letters from December 20, 2012 and January 10, 2013 Regular Session and the January 17, 2013 Special Session.
B. MAYOR’S APPOINTMENTS:
Board of Aeronautic Commissioners (BOAC): Appoint Tom Townsend, to replace Charles Hasek, term to expire 9-14-15.
Board of Appeals: Appoint Josh Edwards to replace Thor Rygaard as a regular member, appoint Eric Graham and Thor Rygaard as alternates, terms to expire 12-1-15.
Land Clearance Redevelopment Authority: Reappoint Keith Asel, term to expire 9-1-15.
Parks and Recreation Board: Appoint Lawrence Bivins for a three year term to expire 5-31-16 (to replace Daniel Caldwell’s term due to expire 5-31-13)
C. FINANCE COMMITTEE:
NOTE: The following item was considered by the Finance Committee on January 15, 2013.
1) Request to Waive Calendar Year 2012 Housing Authority Payment in Lieu of Taxes in the amount of $33,753.58.
2) Award of Bid No. 2013-045 for the Solid Waste Division to American Equipment Company for the purchase of one new 2012 Duratech 3010 Tub Grinder in the amount of $283,586 and the sale of one used 2008 TG525 Tub Grinder for $75,000
3) Award of Bid No. 2013-063 to American Equipment Company for the purchase and installation of two Animal Control Truck Bodies for the Animal Control Department in the amount of $38,108.
4) Award of Bid #2013-060 for the purchase of One (1) Hydro Excavator for Water Utility Operations to Vermeer Great Plains, Inc. in the amount of $51,500.
D. PUBLIC WORKS COMMITTEE:
NOTE: The following item was considered by the Public Works Committee on January 15, 2013.
1) Award of Bid No. 2013-054 for a one-year contract with two possible one-year contract renewals for Meter Wells, Rings, Extensions, Lids & Adapters for the Water Utilities Operations Division to HD Supply Waterworks based on unit prices reflected in attached bid tabulation. Wes Owen, Assistant Director of Operations.
2) Award of Bid No. 2013-026 for a one-year contract with two possible one-year contract renewals for Regulatory Signs for the Public Works Operations Division to Vulcan Inc. based on unit prices reflected in attached bid tabulation.
4. ORDINANCES:
A. BILL NO. 13-06 AN ORDINANCE GRANTING A SPECIAL USE PERMIT RENEWAL FOR TEMPORARY BUILDINGS IN DISTRICT AG ON LAND LOCATED AT 2721 NE DOUGLAS 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.
COUNCIL ACTION: On motion of Councilmember Whitley, second by Mayor Pro Tem Gray, the Council voted unanimously to approve and numbered ORDINANCE NO. 7282.
B. BILL NO. 13-07 AN ORDINANCE APPROVING A PRELIMINARY DEVELOPMENT PLAN ON LAND LOCATED AT 910 NE LANGSFORD ROAD, IN DISTRICT CP-2, PROPOSED QUICK CLEAN CAR WASH, ALL IN ACCORDANCE WITH THE PROVISIONS OF UNIFIED DEVELOPMENT ORDINANCE, NO. 5209, FOR THE CITY OF LEE'S SUMMIT, MISSOURI.
COUNCIL ACTION: On motion of Councilmember Mosby, second by Mayor Pro Tem Gray, the Council voted unanimously to approve and numbered ORDINANCE NO. 7283.
C. BILL NO. 13-08 AN ORDINANCE VACATING A CERTAIN EASEMENT LOCATED WITHIN THE PLAT ENTITLED “SAINT LUKE’S HOSPITAL OF LEE’S SUMMIT, LOT 1” IN THE CITY OF LEE'S SUMMIT, MISSOURI.
COUNCIL ACTION: On motion of Councilmember Johnson, second by Mayor Pro Tem Gray, the Council voted unanimously to approve and numbered ORDINANCE NO. 7284.
D. BILL NO. 13-09 AN ORDINANCE AUTHORIZING AND DIRECTING THE ISSUANCE, SALE AND DELIVERY OF $24,360,000 PRINCIPAL AMOUNT OF GENERAL OBLIGATION BONDS, SERIES 2013A AND $13,740,000 PRINCIPAL AMOUNT OF GENERAL OBLIGATION REFUNDING BONDS, SERIES 2013B, OF THE CITY OF LEE’S SUMMIT, MISSOURI, AND AUTHORIZING CERTAIN OTHER DOCUMENTS AND ACTIONS IN CONNECTION THEREWITH.
COUNCIL ACTION: On motion of Councilmember Holland, second by Mayor Pro Tem Gray, the Council voted unanimously to approve and numbered ORDINANCE NO. 7285.
E. BILL NO. 13-10 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 IN THE AMOUNT OF $76,012.00 FOR THE #252 - LEE'S SUMMIT METROFLEX CIRCULATOR SERVICE. (PWC 1-15-13)
COUNCIL ACTION: On motion of Councilmember Cockrell, second by Mayor Pro Tem Gray, the Council voted unanimously to approve and numbered ORDINANCE NO. 7286.
F. BILL NO. 13-11 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 IN THE AMOUNT OF $82,785.00 FOR THE #152 - LEE'S SUMMIT COMMUTER EXPRESS SERVICE. (PWC 1-15-13)
COUNCIL ACTION: On motion of Councilmember Hofmann, second by Councilmember Johnson, the Council voted unanimously to approve and numbered ORDINANCE NO. 7287.
G. BILL NO. 13-12 AN ORDINANCE AUTHORIZING THE EXECUTION OF A DEVELOPMENT AGREEMENT BETWEEN HY-VEE, INC. AND THE CITY OF LEE'S SUMMIT, MISSOURI, FOR THE HY-VEE GAS STATION CONVENIENCE STORE PROJECT.
COUNCIL ACTION: On motion of Mayor Pro-Tem Gray, second by Councilmember Cockrell, the Council voted unanimously to approve and numbered ORDINANCE NO. 7288.
5. PROPOSED RESOLUTIONS:
A. RES. NO. 13-03 A RESOLUTION ADOPTING THE 2013 FEDERAL AND STATE LEGISLATIVE PROGRAMS FOR THE CITY OF LEE’S SUMMIT, MISSOURI.
COUNCIL ACTION: On motion of Councilmember Holland, second by Mayor Pro Tem Gray, the Council voted unanimously to approve RESOLUTION NO. 13-03.
6. PRESENTATIONS:
A. Presentation of Report on Water and Sewer Rates & Cost of Service Study.
COUNCIL ACTION: On motion of Councilmember Whitley, second by Councilmember Cockrell, the Council voted unanimously to accept the Water and Sewer Rates & Cost of Service Study from 2013 to2017 prepared by HDR Engineering & Wildan Financial Services and direct staff to DRAFT AN ORDINANCE amending the City's water and sewer rates to reflect the five year rate design as set forth in the Water and Sewer Rates & Cost of Service Study.
7. PUBLIC HEARINGS:
A. PRELIMINARY DEVELOPMENT PLAN – Todd George Retail Center, 1600 SE Blue Parkway; West Star Co., applicant. (Appl. #12-102)
(NOTE: This item was continued from November 1 and December 20, 2012 per the applicant’s request.)
COUNCIL ACTION: On motion of Councilmember Hofmann, second by Mayor Pro Tem Gray, the Council voted unanimously to direct staff to DRAFT AN ORDINANCE approving Appl. #PL2012-102 – Preliminary Development Plan - Todd George Retail Center, 1600 SE Blue Pkwy; West Star Co., applicant, subject to staff's letter dated January 16, 2013, recommendation Items 1-10.
B. Amendment #46 to the UNIFIED DEVELOPMENT ORDINANCE (UDO) – Article 6, amending regulations regarding the M-150 Corridor Overlay District Sustainability Section; City of Lee’s Summit, applicant . (Appl. #12-157)
COUNCIL ACTION: On motion of Councilmember Binney, second by Councilmember Cockrell, the Council voted 6 “aye”, 0 “no”, 2 “away from the table” (Councilmembers Holland and Johnson) to direct staff to DRAFT AN ORDINANCE approving Appl. #PL2012-157 – Amendment No. 46 to the Unified Development Ordinance (UDO) - Article 6, amending regulations regarding the M-150 Corridor Overlay District Sustainability Section;
City of Lee's Summit, applicant.
C. Consideration of Amendment to the East US 50 Highway TIF Plan as it pertains to project Area Four of the northwest corner of Todd George and Blue Parkway.
COUNCIL ACTION: Following an extensive public hearing, motion was made by Councilmember Holland and seconded by Mayor Pro-Tem Gray to SEND this issue back to the TIF COMMISSION for further consideration. After further discussion, Mayor Pro-Tem Gray WITHDREW his second to the motion, so the motion died for lack of a second.
Motion was made by Mayor Pro-Tem Gray, seconded by Councilmember Mosby, to direct staff to RENEGOTIATE the TIF Plan with the applicant. Following discussion, the Council voted 3 “aye” (Councilmembers Mosby, Holland and Mayor Pro-Tem Gray), 5 “no” (Councilmembers Binney, Hofmann, Cockrell, Whitley and Johnson). MOTION FAILED.
Motion was made by Mayor Pro-Tem Gray, seconded by Councilmember Cockrell, to direct staff to DRAFT AN ORDINANCE approving the proposed Amendment to the East U.S. 50 Highway Corridor Improvement Tax Increment Financing Plan (the “Amendment”), submitted by West Star Co., Inc. (the “Developer”), and to provide for the revision of the Amendment to incorporate the revised budget presented to the City Council.
A SUBSTITUTE motion was submitted by Councilmember Johnson that Council conduct a special session on Thursday, January 31, 2013, for a final consideration to the plan in respect to Project Area 4. MOTION DIED for lack of second.
On the motion to DRAFT AN ORDINANCE, the Council voted 4 “aye” (Councilmembers Binney, Hoffman, Cockrell and Mayor Pro-Tem Gray) and 4 “no” (Councilmembers Holland, Mosby, Whitley and Johnson) to approve the motion. Prior to voting on the motion to break the tie, Mayor Rhoads noted this application was approved by the Planning Commission; approved unanimously by the TIF Commission; the neighbors are in favor; and, the development will solve serious City problems. For those reasons, he voted “aye”. MOTION PASSED on a vote of 5 “aye”, 4 “no”.
8. OTHER BUSINESS:
A. BILL NO. 13-13 AN ORDINANCE DETERMINING THAT PROJECT 1 OF THE I-470 AND 350 HIGHWAY REDEVELOPMENT PLAN HAS BEEN COMPLETED IN ACCORDANCE WITH SUCH PLAN AND ALL THE DUTIES OF THE DEVELOPER UNDER THE FIRST AMENDED AND RESTATED TAX INCREMENT FINANCING CONTRACT FOR THE I-470 AND 350 HIGHWAY REDEVELOPMENT PLAN WITH RESPECT TO PROJECT 1 HAVE BEEN PERFORMED; AND APPROVING THE EXECUTION OF A CERTIFICATE OF COMPLETION AND COMPLIANCE PURSUANT TO SECTION 17 OF THE FIRST AMENDED AND RESTATED TAX INCREMENT FINANCING CONTRACT FOR THE I-470 AND 350 HIGHWAY REDEVELOPMENT PLAN.
COUNCIL ACTION: On motion of Councilmember Binney, second by Councilmember Cockrell, the Council voted unanimously (Councilmembers Johnson and Holland “away from the table”), to approve and numbered ORDINANCE NO. 7289.
9. COMMITTEE REPORTS: There were no committee reports.
10. COUNCIL ROUNDTABLE:
• Mayor advised Council that State Statutes calls for a mayor to solely make appoints to the Enhanced Enterprise Zone. Since State laws take precedence over the City Charter, he wanted to make Council aware of his appointments to EEZ, as follows:
The R-7 School District representative will be Terri Harmon term to expire Jan 24, 2018.
The other affected taxing district representative will be: Nancy Russell from Metropolitan Community College, term to expire Jan. 24, 2018.
The remaining five will be:
Keith Asel, term to expire Jan 24, 2017:
Ron Williams, term to expire Jan 24, 2017
Bill Brown, term to expire Jan 24, 2016
Mark White, term to expire Jan 24, 2016
Troy Pfeifer, term to expire Jan 24, 2015
• Councilmember Hofmann mentioned the successful Mayor’s Character Breakfast, which was held this morning. Mayor Rhoads thanked her for the acknowledgement and stated Lee’s Summit Cares deserves all the credit for the event.
• Councilmember Hofmann also thanked everyone for their support during her mother’s illness and passing.
• Councilmember Binney advised he agreed to be a “bald eagle” to support Hope House by growing his hair and then auctioning the right to shave his head to the highest bidder. This fund raiser was initiated by former councilmember Nick Swearngin and has become an annual event.
11. STAFF ROUNDTABLE:
There was no Staff Roundtable.
ADJOURNMENT: There being no further business, Mayor Rhoads ADJOURNED the January 24, 2013, Regular City Council meeting at 10:45 p.m.
Trisha Fowler
Deputy City Clerk
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- CITY COUNCIL ACTION LETTER Thursday, February 28, 2013
- CITY COUNCIL ACTION LETTER CITY OF LEE’S SUMMIT Thursday, January 17, 2013 SPECIAL SESSION NO. 4
- CITY COUNCIL ACTION LETTER CITY OF LEE’S SUMMIT Thursday, January 17, 2013 WORK SESSION NO. 7
- CITY COUNCIL ACTION LETTER Thursday, January 10, 2013
- CITY COUNCIL ACTION LETTER Thursday, December 20, 2012
- CITY COUNCIL ACTION LETTER Thursday, December 6, 2012
- CITY COUNCIL ACTION LETTER Thursday, November 15, 2012
- CITY COUNCIL ACTION LETTER Thursday, October 18, 2012
- CITY COUNCIL ACTION LETTER Thursday, October 4, 2012
- CITY COUNCIL ACTION LETTER Thursday, September 20, 2012
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City of Lee’s Summit Declares “State of Emergency” and Activates Emergency Operations Center
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