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City Council Action Letter Thursday, June 16, 2011
CITY COUNCIL ACTION LETTER CITY OF LEE’S SUMMIT
Thursday, June 16, 2011
REGULAR SESSION NO. 27
6:16 P.M. Mayor Rhoads called Regular Session No.27 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
City Manager 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 Cockrell, the Council voted unanimously to approve the published agenda.
1. PUBLIC COMMENTS: There were no public comments.
2. COUNCIL COMMENTS: Mayor Rhoads stated Council received a report from the Diversity Task Force and requested it be sent to the Community Development Committee for further review. Council reached a consensus to do so.
3. APPROVAL OF CONSENT AGENDA: COUNCIL ACTION: On motion of Councilmember Whitley, second by Councilmember Mosby, the Council voted unanimously to approve the consent agenda, as follows:
A. POLICE DEPARTMENT: Approval of Type K Permanent Liquor License for Tequila House Restaurant, 410 SE 291 Highway.
B. PUBLIC WORKS COMMITTEE: NOTE: The following items were considered by the Public Works Committee on June 1, 2011. 1) Approval of Change Order No. 5 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 $45,666.68 for a revised contract amount of $622,839.23. 2) Approval of Modification No. 5 to the design contract with Delich, Roth & Goodwillie (RFQ No. 08-080-3) for Analysis and Design Solutions for a scope change including the Braeside Park stormwater improvement project with a fee increase of $170,844 for a revised contract amount of $1,003,429.50. 3) Award of Bid No. 79801-20C for the Stormwater Improvements Project to Pyramid Excavation & Construction, Inc. in the amount of $387,515.45.
Councilmember Spallo recognized Boy Scouts from Troop 391 that were in attendance.
4. ORDINANCES: A. BILL NO. 11-57 AN ORDINANCE CHANGING THE STREET NAME OF A PORTION OF HAMBLEN ROAD TO “BAILEY ROAD”; AND, CHANGING SHADY BEND TO “SHADY BEND LANE” IN THE REMINGTON WOODS SUBDIVISION, ALL WITHIN THE CITY OF LEE'S SUMMIT, MISSOURI. COUNCIL ACTION: On motion of Councilmember Whitley, second by Councilmember Hallam, the Council voted unanimously to approve and numbered ORDINANCE NO. 7062.
B. BILL NO. 11-58 AN ORDINANCE APPROVING, ADOPTING AND APPROPRIATING THE BUDGET OF THE CITY OF LEE'S SUMMIT, MISSOURI, FOR THE FISCAL YEAR ENDING JUNE 30, 2012. COUNCIL ACTION: After discussion, on motion of Councilmember Hallam, second by Councilmember Cockrell, the Council voted 5 “Aye”, 3 “No” (Councilmembers Johnson, Mosby and Spallo) to approve and numbered ORDINANCE NO. 7063.
C. BILL NO. 11-59 AN ORDINANCE AMENDING SECTION 5100 OF THE CITY’S DESIGN AND CONSTRUCTION MANUAL AS ADOPTED AND MADE A PART OF THE CODE OF ORDINANCES BY CHAPTER 22.5, PUBLIC IMPROVEMENTS DESIGN AND CONSTRUCTION, SECTION 22.5-1, DESIGN AND CONSTRUCTION MANUAL – ADOPTION, OF THE CODE OF ORDINANCES OF THE CITY OF LEE’S SUMMIT, MISSOURI. (PWC 6/1/11) COUNCIL ACTION: On motion of Councilmember Hofmann, second by Councilmember Gray, the Council voted unanimously to approve and numbered ORDINANCE NO. 7064.
D. BILL NO. 11-60 AN ORDINANCE AUTHORIZING THE EXECUTION OF A ROAD RELINQUISHMENT AGREEMENT BETWEEN THE MISSOURI HIGHWAYS AND TRANSPORTATION COMMISSION AND THE CITY OF LEE’S SUMMIT, MISSOURI, FOR LAKEWOOD WAY DRIVE, AKA INTERSTATE 470 EAST OUTER ROAD, FROM WOODS CHAPEL ROAD TO BOWLIN ROAD. (PWC 6/1/11) COUNCIL ACTION: On motion of Councilmember Johnson, second by Councilmember Cockrell, the Council voted unanimously to approve and numbered ORDINANCE NO. 7065.
E. BILL NO. 11-61 AN ORDINANCE AUTHORIZING THE EXECUTION OF A FACILITIES EXTENSION AGREEMENT BY AND BETWEEN KANSAS CITY POWER AND LIGHT COMPANY AND THE CITY OF LEE’S SUMMIT, MISSOURI, REGARDING THE PROVISION OF ELECTRICAL SERVICE INFRASTRUCTURE FOR THE COMPRESSOR BUILDING AT THE CITY OF LEE'S SUMMIT LANDFILL. (SWC 6/1/11) COUNCIL ACTION: On motion of Councilmember Spallo, second by Councilmember Gray, the Council voted unanimously to approve and numbered ORDINANCE NO. 7066.
F. BILL NO. 11-62 AN ORDINANCE APPROVING THE EXECUTION OF A PUBLIC SERVICE AGREEMENT BY AND BETWEEN LEE’S SUMMIT CHAMBER OF COMMERCE, INC. AND THE CITY OF LEE’S SUMMIT, MISSOURI, FOR SERVICES TO BE PROVIDED TO THE CITY. COUNCIL ACTION: On motion of Councilmember Mosby, second by Councilmember Gray, the Council voted unanimously to approve and numbered ORDINANCE NO. 7067.
G. BILL NO. 11-63 AN ORDINANCE APPROVING THE EXECUTION OF A PUBLIC SERVICE AGREEMENT BY AND BETWEEN THE LEE’S SUMMIT ECONOMIC DEVELOPMENT COUNCIL AND THE CITY OF LEE’S SUMMIT, MISSOURI, FOR SERVICES TO BE PROVIDED TO THE CITY. COUNCIL ACTION: On motion of Councilmember Gray, second by Councilmember Hallam, the Council voted 7 “Aye”, 1 ‘No” (Councilmember Spallo) to approve and numbered ORDINANCE NO. 7068.
H. BILL NO. 11-64 AN ORDINANCE APPROVING THE EXECUTION OF A PUBLIC SERVICE AGREEMENT BY AND BETWEEN THE CITY OF LEE’S SUMMIT AND DOWNTOWN LEE’S SUMMIT MAIN STREET, INC., FOR SERVICES TO BE PROVIDED TO THE CITY. COUNCIL ACTION: On motion of Councilmember Cockrell, second by Councilmember Gray, the Council voted unanimously to approve and numbered ORDINANCE NO. 7069.
I. BILL NO. 11-65 AN ORDINANCE AUTHORIZING THE EXECUTION OF A LICENSE AGREEMENT BETWEEN GOVERNMENT EMPLOYEE’S HEALTH ASSOCIATION, INC. (GEHA), A MISSOURI CORPORATION, AND THE CITY OF LEE’S SUMMIT, MISSOURI FOR THE INSTALLATION AND MAINTENANCE OF UNDERGROUND FACILITIES WITHIN CITY OWNED RIGHT-OF-WAY. COUNCIL ACTION: On motion of Councilmember Hallam, second by Councilmember Gray, the Council voted unanimously to approve and numbered ORDINANCE NO. 7070 subject to an amendment to Page 7, Item B.3 to read “Workers’ Compensation: As required by State Statute, or, if exempt, must submit letter stating the exemption.
J. BILL NO. 11-66 AN ORDINANCE AUTHORIZING THE EXECUTION OF A DEVELOPMENT AGREEMENT BETWEEN LEE’S SUMMIT SLP, LLC AND THE CITY OF LEE'S SUMMIT, MISSOURI, FOR THE BENTON HOUSE SENIOR LIVING DEVELOPMENT PROJECT. COUNCIL ACTION: On motion of Councilmember Hofmann, second by Councilmember Cockrell for second reading, Council voted unanimously for second reading.
On motion of Councilmember Cockrell, second by Councilmember Hallam, the Council voted unanimously to amend Paragraph 5, Section B.3, striking the “;” after “state statute” and adding “or”. Motion passed unanimously.
On motion of Councilmember Hofmann, second by Councilmember Cockrell, the Council voted unanimously to approve and numbered ORDINANCE NO. 7071 as amended.
K. BILL NO. 11-67 AN ORDINANCE DETERMINING AND DECLARING THE NECESSITY OF ACQUIRING FOR PUBLIC USE A CERTAIN PERMANENT EASEMENT, A CERTAIN TEMPORARY CONSTRUCTION EASEMENT AND A FEE SIMPLE INTEREST FOR CERTAIN PUBLIC IMPROVEMENTS ASSOCIATED WITH THE EXPANSION OF THE SCRUGGS ROAD PUMP STATION EXCESS FLOW HOLDING BASIN PROJECT IN LEE’S SUMMIT, MISSOURI; AUTHORIZING THE CITY MANAGER AND HIS DESIGNEES TO NEGOTIATE FOR THE PURPOSE OF ACQUIRING THE NECESSARY INTERESTS IN LAND; AND AUTHORIZING THE CITY ATTORNEY AND HER DESIGNEES TO INSTITUTE CONDEMNATION PROCEEDINGS IF SUCH INTERESTS IN LAND CANNOT BE ACQUIRED BY PURCHASE THROUGH GOOD FAITH NEGOTIATIONS. COUNCIL ACTION: On motion of Councilmember Whitley, second by Councilmember Gray, the Council voted 6 “Aye”, 2 “No” (Councilmembers Johnson and Mosby) to approve and numbered ORDINANCE NO. 7072.
5. PUBLIC HEARINGS:
A. PRELIMINARY DEVELOPMENT PLAN – Parker Swearngin Building Addition, 215 SE Douglas Street; Parker Swearngin, LLP, applicant. (Appl. # PL2011-047) COUNCIL ACTION: On motion of Councilmember Hallam, second by Councilmember Gray, the Council voted unanimously (Councilmember Cockrell “Away From Table”) to direct staff to PRESENT AN ORDINANCE approving Application #2011-047 – Preliminary Development Plan - Parker Swearngin Building Addition, 215 SE Douglas Street; Parker Swearngin, LLP, applicant, subject to staff's letter dated June 8, 2011, recommendation items 1-3.
6. OTHER BUSINESS:
A. BILL NO. 11-68 AN ORDINANCE APPROVING A PRELIMINARY DEVELOPMENT PLAN ON LAND LOCATED AT 215 SE DOUGLAS STREET, IN DISTRICT CBD (CENTRAL BUSINESS DISTRICT), PROPOSED PARKER SWEARNGIN BUILDING ADDITION, 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 Gray, second by Councilmember Hallam, the Council voted unanimously (Councilmember Cockrell and Spall “Away from Table”) to approve and numbered ORDINANCE NO. 7073.
B. FINANCE AND PERSONNEL: 1) Approval of Modification No. 1 to Contract No. 10-090 with Construction and Abatement Services, Inc., for Demolition and Rubbish Removal Services for various City Departments, for a not to exceed amount of Eighty Three Thousand Six Hundred Dollars ($83,600.00). COUNCIL ACTION: On motion of Councilmember Hallam, second by Councilmember Gray, the Council voted unanimously to approve Modification No. 1 to Contract No. 10-090 with Construction and Abatement Services, Inc., for Demolition and Rubbish Removal Services for various City Departments, for a not to exceed amount of Eighty Three Thousand Six Hundred Dollars ($83,600.00).
2) Approval of the Summit Fair Community Improvement District Budget for the Fiscal Year ending June 30, 2012. COUNCIL ACTION: On motion of Councilmember Hallam, second by Councilmember Cockrell, the Council voted 7 “Aye”, 1 “No” (Councilmember Spallo) to approve the Summit Fair Community Improvement District Budget for the Fiscal Year ending June 30, 2012.
C. PUBLIC WORKS: Approval of Modification No. 1 to an agreement with URS Engineers for Development of Preliminary Economic Business Model for the Proposed Municipal Solid Waste Landfill (RFP 07-103) for an increase in fee of $56,500 for a new contract amount of $237,235.00. COUNCIL ACTION: On motion of Councilmember Whitley, second by Councilmember Hofmann, the Council voted unanimously to approve Modification No. 1 to an agreement with URS Engineers for Development of Preliminary Economic Business Model for the Proposed Municipal Solid Waste Landfill (RFP 07-103) for an increase in fee of $56,500 for a new contract amount of $237,235.00.
D. HUMAN RESOURCES: Approval of change in liability insurance carrier from Travelers to OneBeacon effective July 1, 2011. COUNCIL ACTION: On motion of Councilmember Whitley, second by Councilmember Hofmann, to award acceptance of the quote from OneBeacon Insurance Company for liability insurance coverage in the amount of $495,117 effective July 1, 2011 through June 30, 2012 and standard, annual renewal cycle effective July 1 thereafter.
Councilmember Cockrell motioned to amend the original motion, to direct staff to prepare a contract based on the quote from OneBeacon Insurance Company for liability insurance coverage in the amount of $495,117 effective July 1, 2011 through June 30, 2012 and standard, annual renewal cycle effective July 1 thereafter. Second by Councilmember Hallam, the Council voted 7 “Aye”, 1 “No” (Councilmember Spallo). Motion passed.
7. COMMITTEE REPORTS:
• Councilmember Hallam advised F&PC will not be meeting in July. • Councilmember Gray advised the Arts Council has been actively forming the Cultural Arts Facility Master Plan. He also noted the Rock the Green Concert will be held tomorrow night in downtown Lee’s Summit and next Monday the Arts Council will be participating in conceptualizing a Regional Cultural Arts Plan in Kansas City.
8. ROUNDTABLE: • Councilmember Gray participated in the M-150 open house corridor study and stated it was a good beginning to the process and appreciated the efforts of the task force.
ADJOURNMENT: There being no further business, Mayor Rhoads ADJOURNED the June 16, 2011, City Council meeting at 7:40 p.m.
7:40 P.M. CLOSED SESSION: On motion of Councilmember Whitley, second by Councilmember Mosby, the Council voted unanimously to hold a closed session pursuant to Section 610.021(13) of the RSMo.
Trisha Whitehead 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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