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City Council Action Letter Thursday, May 19, 2011
CITY COUNCIL ACTION LETTER CITY OF LEE’S SUMMIT
Thursday, May 19, 2011
REGULAR SESSION NO. 25
6:15 P.M. Mayor Rhoads called Regular Session No.25 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 Absent 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 Mosby, the Council voted unanimously (Councilmember Spallo “Absent”) to approve the amended agenda.
1. PUBLIC COMMENTS: There were no public comments.
2. COUNCIL COMMENTS: There were no Council comments.
Councilmember Cockrell present at 6:17 p.m.
Councilmember Gray recognized a Boy Scout that was in attendance.
3. APPROVAL OF CONSENT AGENDA: COUNCIL ACTION: On motion of Councilmember Whitley, second by Councilmember Gray, the Council voted unanimously (Councilmember Spallo “Absent”) to approve the consent agenda, as follows:
A. MAYOR’S APPOINTMENTS: Water Tap Fee: Appoint Jeff White to replace vacancy, term to expire 9-3-12.
B. POLICE DEPARTMENT: Approval of type G1 liquor license for The Lodge at 3753 SW Raintree Drive.
C. PUBLIC WORKS COMMITTEE: NOTE: The following items were considered by the Public Works Committee on May 4, 2011. 1) Approval of Modification No. 1 to an Agreement with HDR Engineers, Inc. for On-call Professional Engineering Services (RFQ NO. 10-142-1) for Multiple Sanitary Sewer Projects, for a maximum fee of $124,616.00. 2) Approval of Change Order No. 8-Final to the contract with GradeCo Construction Company for M-150 Water Relocation - Market West City Limits; Bid No. 37602-C; increase of $8,061.40 for a revised contract amount of $1,401,054.51. 3) Award of Bid No. 79801-6C for the Stormwater Improvements Phase 6 - Tudor and Scruggs to Precision Construction and Contracting, LLC in the amount of $519,841.45.
4) Award of Bid No. 87101-2C for the Curb and Sidewalk Replacement - Phase 2 to Freeman Concrete Construction, LLC in the amount of $2,230,618.20. 5) Approval of Change Order No. 7 to the contract with APAC-Kansas, Inc. for Todd George Parkway (Bid No. 18103-C); an increase of $66,458.75 for a revised contract amount of $4,587,566.27. 6) Award of Bid No. 11-102 for a one-year contract with three (3) possible one-year contract renewals for Assembly of Custom Electrical Control Panels for the Water Utilities Operations Division to Accent Controls, Inc. 7) Split award of Bid No. 11-100 for a one-year contract with two possible one-year contract renewals for HVAC Repair & Maintenance for various City Departments to Automated Control Systems Corp. and PM Contracting Inc.
D. SOLID WASTE COMMITTEE: Approval of Change Order No. 2-Final to the contract with Miles Excavating, Inc. for Horizontal Gas Collection Trench, Bid No. 16112-C, for an increase of $4,242.35 for a revised contract amount of $670,757.86. NOTE: This item was considered by the Solid Waste Committee on May 4, 2011
4. ORDINANCES: A. CONTINUED BILL NO. 11-25 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. (Continued from May 5, 2011 per Council request.) COUNCIL ACTION: On motion of Councilmember Cockrell, second by Councilmember Gray, the Council voted unanimously (Councilmember Spallo “Absent”) to remand this Bill to the Public Works Committee for further review.
B. SECOND READING OF BILL NO. 11-33 AN ORDINANCE APPROVING A PRELIMINARY DEVELOPMENT PLAN ON LAND LOCATED AT 900 SW BLUE PARKWAY IN DISTRICT CP-2, PROPOSED TELECOMMUNICATIONS TOWER, ALL IN ACCORDANCE WITH THE PROVISIONS OF UNIFIED DEVELOPMENT ORDINANCE NO. 5209 FOR THE CITY OF LEE'S SUMMIT, MISSOURI. (Second reading was continued from May 5, 2011 per Council motion.) COUNCIL ACTION: On motion of Councilmember Johnson, second by Councilmember Cockrell, the Council unanimously (Councilmember Spallo “Absent”) to approve and numbered ORDINANCE NO. 7048.
C. SECOND READING OF BILL NO. 11-34 AN ORDINANCE GRANTING A SPECIAL USE PERMIT FOR TELECOMMUNICATIONS TOWER IN DISTRICT CP-2 ON LAND LOCATED AT 900 SW BLUE PARKWAY FOR A PERIOD OF TEN (10) YEARS, ALL IN ACCORDANCE WITH ARTICLE 10 WITHIN THE UNIFIED DEVELOPMENT ORDINANCE, FOR THE CITY OF LEE'S SUMMIT, MISSOURI. (Second reading was continued from May 5, 2011 per Council motion.) COUNCIL ACTION: On motion of Councilmember Whitley, second by Councilmember Hofmann, the Council voted unanimously (Councilmember Spallo “Absent”) to approve and numbered ORDINANCE NO. 7049.
D. SUBSTITUTE BILL NO. 11-37 AN ORDINANCE APPROVING A PRELIMINARY DEVELOPMENT PLAN ON LAND LOCATED AT 706-710 SE BLUE PARKWAY IN DISTRICT CP-2 (LAWN & LEISURE AND PROPOSED CHAPMAN PLAZA II), ALL IN ACCORDANCE WITH THE PROVISIONS OF UNIFIED DEVELOPMENT ORDINANCE NO. 5209 FOR THE CITY OF LEE'S SUMMIT, MISSOURI. (Continued from May 5, 2011 per Council request.) COUNCIL ACTION: On motion of Councilmember Cockrell, second by Councilmember Mosby, the Council voted unanimously (Councilmember Spallo “Absent”) for second reading.
On motion of Councilmember Cockrell, second by Councilmember Mosby, the Council voted unanimously (Councilmember Spallo “Absent”) to CONTINUE this item TO A DATE CERTAIN OF June 2, 2011.
E. SUBSTITUTE BILL NO. 11-38 AN ORDINANCE GRANTING A SPECIAL USE PERMIT FOR PROPOSED VEHICLE/ EQUIPMENT SALES IN DISTRICT CP-2 ON LAND LOCATED AT 706-710 SE BLUE PARKWAY (LAWN & LEISURE AND CHAPMAN PLAZA II) FOR A PERIOD OF TWENTY (20) YEARS, ALL IN ACCORDANCE WITH ARTICLE 10 WITHIN THE UNIFIED DEVELOPMENT ORDINANCE, FOR THE CITY OF LEE'S SUMMIT, MISSOURI. (Continued from May 5, 2011 per Council request.) COUNCIL ACTION: On motion of Councilmember Hallam, second by Councilmember Cockrell, the Council voted unanimously (Councilmember Spallo “Absent”) to CONTINUE this item TO A DATE CERTAIN OF June 2, 2011.
F. BILL NO. 11-47 AN ORDINANCE AMENDING THE CITY OF LEE’S SUMMIT SCHEDULE OF FEES AND CHARGES, ORDINANCE NO. 4634, AS IT RELATES AIRPORT, SOLID WASTE AND CEMETERY FEES. (F&PC 5/3/11) COUNCIL ACTION: On motion of Councilmember Hofmann, second by Councilmember Gray, the Council voted unanimously (Councilmember Spallo “Absent”) to approve and numbered ORDINANCE NO. 7050.
G. BILL NO. 11-48 AN ORDINANCE APPROVING AMENDMENT NO. 4 TO ORDINANCE NO, 6939 WHICH ADOPTED THE BUDGET FOR FISCAL YEAR ENDING JUNE 30, 2011, BY REVISING THE AUTHORIZED BUDGET EXPENDITURES OF THE SOLID WASTE OPERATING FUND OF THE CITY OF LEE'S SUMMIT, MISSOURI. (SWC 5/4/11) COUNCIL ACTION: On motion of Councilmember Mosby, second by Councilmember Gray, the Council voted unanimously (Councilmember Spallo “Absent”) to approve and numbered ORDINANCE NO. 7051.
H. BILL NO. 11-49 AN ORDINANCE AUTHORIZING THE EXECUTION OF AN INTERGOVERNMENTAL AGREEMENT FOR ROADWAY MILLING AND RESURFACING BETWEEN THE CITY OF KANSAS CITY, MISSOURI AND LEE’S SUMMIT, MISSOURI. (PWC 5/4/11) COUNCIL ACTION: On motion of Councilmember Johnson, second by Councilmember Cockrell, the Council voted unanimously (Councilmember Spallo “Absent”) to approve and numbered ORDINANCE NO. 7052.
I. BILL NO. 11-50 AN ORDINANCE AMENDING CHAPTER 29. TRAFFIC AND MOTOR VEHICLES, OF THE CODE OF ORDINANCES FOR THE CITY OF LEE’S SUMMIT, MISSOURI, BY REVISING APPENDIX B. SCHEDULE OF STOPPING, STANDING AND PARKING RESTRICTIONS, FOR CERTAIN STREETS AND SEGMENTS OF STREETS LOCATED IN THE CITY OF LEE’S SUMMIT. (PWC 5/4/11) COUNCIL ACTION: On motion of Councilmember Gray, second by Councilmember Cockrell, the Council voted unanimously (Councilmember Spallo “Absent”) to approve and numbered ORDINANCE NO. 7053.
J. BILL NO. 11-51 AN ORDINANCE AMENDING SECTIONS 6500 AND 6900 OF THE CITY’S DESIGN AND CONSTRUCTION MANUAL AS ADOPTED AND MADE A PART OF THE CODE OF ORDINANCES BY SECTION 22.5-1 OF THE CODE OF ORDINANCES OF THE CITY OF LEE’S SUMMIT, MISSOURI. (PWC 5/4/11) COUNCIL ACTION: On motion of Councilmember Hallam, second by Councilmember Mosby, the Council voted unanimously (Councilmember Spallo “Absent”) to approve and numbered ORDINANCE NO. 7054.
5. RESOLUTIONS:
A. RES. NO. 11-08 A RESOLUTION PROVIDING FOR THE REDEMPTION AND PREPAYMENT OF CERTAIN BONDS OF THE CITY OF LEE'S SUMMIT, MISSOURI. COUNCIL ACTION: On motion of Councilmember Cockrell, second by Councilmember Hallam, the Council voted unanimously (Councilmember Spallo “Absent”) to approve RES. NO. 11-08.
6. PUBLIC HEARINGS:
A. 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, April 7, 2011 and April 21, 2011 per Council’s motion. This application has been WITHDRAWN by the Applicant.) COUNCIL ACTION: No Council Action Required.
B. SPECIAL USE PERMIT Renewal for tow lot, 451 SE Oldham Parkway; Steven Baltz, applicant. (Appl. #PL2011-024) COUNCIL ACTION: On motion of Councilmember Gray, second by Councilmember Whitley, the Council voted unanimously (Councilmember Spallo “Absent”) to direct staff to DRAFT AN ORDINANCE approving App. #2011-024 – Special Use Permit renewal for tow lot, 451 SE Oldham Parkway; Steve Baltz, applicant, subject to staff's letter dated May 11, 2011, Items 1-8.
C. PRELIMINARY DEVELOPMENT PLAN – Chick-fil-A, 690 NW Blue Parkway; Chick-fil-A, Inc., applicant. (Appl. #PL2011-32) COUNCIL ACTION: On motion of Councilmember Johnson, second by Councilmember Whitley, the Council voted 4 Aye (Councilmembers Gray, Johnson, Mosby and Whitley), 3 No (Councilmembers Hallam, Hofmann and Cockrell) 1 “Absent” (Councilmember Spallo) to direct staff to PRESENT AN ORDINANCE approving Appl. #2011-032 – Preliminary Development Plan - Chick-fil-A, 690 NW Blue Parkway, Chick-fil-A Inc., applicant, subject to staff's letter dated May 11, 2011, recommendation Items 1 and 2.
7. OTHER BUSINESS:
A. BILL NO. 11-52 AN ORDINANCE APPROVING A PRELIMINARY DEVELOPMENT PLAN ON LAND LOCATED AT 690 NW BLUE PARKWAY, IN DISTRICT CP-2, (PROPOSED CHICK-FIL-A INC.), 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 Councilmember Gray, the Council voted 5 “Aye”, 2 “No” (Councilmembers Hallam and Hofmann), 1 “Absent” (Councilmember Spallo) to approve and numbered ORDINANCE NO. 7058.
B. ELECTION of Mayor Pro-Tempore. COUNCIL ACTION: Councilmember Hallam nominated Councilmember Cockrell for Mayor Pro-Tem, which was seconded by Councilmember Gray. Council voted unanimously (Councilmember Spallo “Absent”) to elect Councilmember Cockrell as Mayor Pro-Tempore.
C. DISCUSSION: Exergonix’ request $1.4 Million for reimbursement of land purchase. COUNCIL ACTION: Council discussed this issue extensively. Mr. Arbo stated the discussion was informative and felt he received consensus for Staff to continue dialog with Exergonix, including discussion on securing land; that development be for green technology; and, that Staff keep the vision and stay the course.
8. COMMITTEE REPORTS: There were no committee reports.
9. ROUNDTABLE: • Mayor Rhoads asked Staff to place a report from the Redistricting Committee on the June 9, 2011, Work Session. • Councilmember Hallam recognized Mr. Arbo, who received recognition from the Greater Kansas City Chapter of ASPA (American Society of Public Administrators), as an outstanding administrator. Councilmember Hallam felt that Mr. Arbo genuinely deserves this recognition for his outstanding service to Lee’s Summit.
ADJOURNMENT: There being no further business, Mayor Rhoads ADJOURNED the May 19, 2011, City Council meeting at 9:39 p.m.
Trisha Whitehead Deputy City Clerk

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