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City Council Action Letter Thursday, November 18, 2010
Thursday, November 18, 2010
REGULAR SESSION NO. 13
6:15 P.M. Mayor Rhoads called Regular Session No.13 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 , second by Councilmember , voted unanimously to approve the published amended agenda.
1. PUBLIC COMMENTS: No one was present to address the Council.
2. COUNCIL COMMENTS: There were no Council comments.
3. APPROVAL OF CONSENT AGENDA:
COUNCIL ACTION: On motion of Councilmember Hofmann , second by Councilmember Cockrell, the Council voted 6 “aye”, 2 “no” (Councilmembers Spallo and Gray), to approve the consent agenda, as follows:
A. FINANCE AND PERSONNEL COMMITTEE:
NOTE: The following items were considered by the Finance and Personnel Committee on November 9, 2010.
1) Split Award of Bid No. 10-121 for a one year contract with two possible one year contract renewals for Janitorial Supplies for various City departments to Royal Papers, Inc. and Clayton Paper & Distribution, Inc. based on unit prices reflected in attached bid tabulation.
2) Approval of Award of Sole Source PSA No. 11-039, for Two-Way Radio maintenance agreement to Commenco, Inc. for one year with two (2) one year renewal options.
3) Award of RFP 10-131 On-Call Legal Services for Municipal Finance and Bond Attorney to Gilmore & Bell, PC.
4) Award of RFP 10-132 On-Call Legal Services for Development Finance Law to Gilmore & Bell, PC.
5) Award of RFP 10-139 On-Call Legal Services – Construction Law to Seigfreid, Bingham, Levy, Selzer & Gee, PC.
B. POLICE DEPARTMENT:
1) Approval of Type H & S Liquor License for The Pantry d/b/a Presto 909 NW Chipman Road.
2) Approval of Type G3 & K-Temporary Liquor License for The Brew Top Pub (includes Patio), 700 NE Woods Chapel Road (formerly Paddy O’Quigleys North & Rivalries Bar).
C. PUBLIC WORKS COMMITTEE:
NOTE: The following items were considered by the Public Works Committee on November 3, 2010.
1) Approval of Modification No. 1 to the On-call Agreement with Anderson Survey Company, Inc. for Land Surveying Services (RFQ No. 11-002) for an increase in fee of Five Thousand Four Hundred and Eighty Five Dollars ($5,485).
2) Award of Bid No. 11-024 for a one-year contract with two (2) possible one-year contract renewals for Water Meters for the Water Utilities Department to Hersey Meters Company, LLC d/b/a Mueller Systems based on the unit prices reflected in attached bid tabulation.
3) Award of Bid 11-033 Installation of Sprinkler System for Airport Hangar to Advantage Fire Protection Systems, Inc.
4) Approval of Change Order No. 1 (final) to the contract with Miller Paving and Construction, LLC for FY 2010 Curb Replacement (Bid No. 4402-2C); an increase of $34,838.80 for a revised contract amount of $673,844.70 and an increase in contract time of 21 days.
5) Award of Bid No. 11-025 for a one-year contract with two (2) possible one-year contract renewals for Ferric Chloride for the Water Utilities Operations Division to OFS, Inc. based on the unit prices reflected in attached bid tabulation.
D. Mayor’s appointments to the Lee’s Summit, Missouri Municipal Building Authority, Inc. Not-For-Profit Corporation.
4. PROPOSED ORDINANCES:
A. BILL NO. 10-117 AN ORDINANCE AUTHORIZING AND DIRECTING THE ISSUANCE, SALE AND DELIVERY OF $5,000,000 PRINCIPAL AMOUNT OF GENERAL OBLIGATION BONDS, SERIES 2010, OF THE CITY OF LEE’S SUMMIT, MISSOURI; PRESCRIBING THE FORM AND DETAILS OF SAID BONDS; PROVIDING FOR THE LEVY AND COLLECTION OF AN ANNUAL TAX FOR THE PURPOSE OF PAYING THE PRINCIPAL OF AND INTEREST ON SAID BONDS AS THEY BECOME DUE; AND AUTHORIZING CERTAIN OTHER DOCUMENTS AND ACTIONS IN CONNECTION THEREWITH.
COUNCIL ACTION: On motion of Councilmember Whitley, second by Councilmember Gray , the Council voted unanimously to approve and numbered ORDINANCE NO. 6995.
B. BILL NO. 10-118 AN ORDINANCE DECLARING THE RESULTS OF THE NOVEMBER 2, 2010, SPECIAL ELECTION, HELD IN THE CITY OF LEE’S SUMMIT, MISSOURI, JACKSON AND CASS COUNTIES ON FOUR GENERAL OBLIGATION BOND QUESTIONS FOR PUBLIC SAFETY, SIDEWALKS, ROAD IMPROVEMENTS AND RIGHTS OF WAY.
COUNCIL ACTION: On motion of Councilmember Hofmann, second by Councilmember Cockrell, the Council voted unanimously to approve and numbered ORDINANCE NO. 6996.
C. BILL NO. 10-119 AN ORDINANCE AUTHORIZING THE EXECUTION OF THE LAND LEASE AGREEMENT BETWEEN THE CITY OF LEE'S SUMMIT, MISSOURI AND L.E. MONTOGOMERY FOR THE LEASE OF FIFTY-TWO (52) ACRES OF LAND OWNED BY THE CITY OF LEE'S SUMMIT, MISSOURI TO L.E. MONTGOMERY FOR AGRICULTURAL PURPOSES.
COUNCIL ACTION: On motion of Councilmember Mosby, second by Councilmember Gray, the Council voted 6 “aye”, 2 “no” (Councilmembers Spallo and Cockrell) to approve and numbered ORDINANCE NO. 6997.
5. PROCLAMATIONS:
A. Mr. Robert Busby was recognized for his 22 years of service on the Lee’s Summit Park Board.
6. PUBLIC HEARINGS:
A. UDO AMENDMENT #38-B to the Unified Development Ordinance (UDO) – Article 10, Special Use Permits, to prohibit vehicle sales as an accessory use, and Article 13, Signs, to provide regulations for digital displays and illuminated signs; City of Lee’s Summit, applicant.
(Appl. #10-057)
COUNCIL ACTION: Following extensive discussion, motion was made by Councilmember Hallam, seconded by Councilmember Whitley, REMAND Articles 10 and 13 back to the COMMUNITY DEVELOPMENT COMMITTEE for further discussion. MOTION PASSED unanimously.
B. REZONING from R-1 to PMIX and CONCEPTUAL DEV PLAN for Cornerstone Church and mixed use residential development, 501 NE Missouri Road; Garrison Community Development, applicant. (Appl. #10-066 & 10-067)
COUNCIL ACTION: COUNCIL ACTION: Following extensive discussion, motion was made by Councilmember Cockrell, seconded by Councilmember Gray to CONTINUE the public hearing for rezoning and conceptual development plan until DECEMBER 2, 2010 and that Staff prepare an amended ordinance with the general conditions outlined by Council for consideration at that time. MOTION PASSED unanimously.
7. OTHER BUSINESS:
(NOTE: Councilmember Hallam away from meeting at 9:32 p.m.)
A. DISCUSSION of proposed ordinance amending Chapter 29. Traffic and Motor Vehicles, of the Code of Ordinances for the City of Lee’s Summit.
1) BILL NO. 10-120 AN ORDINANCE AMENDING CHAPTER 29. TRAFFIC AND MOTOR VEHICLES, OF THE CODE OF ORDINANCES FOR THE CITY OF LEE’S SUMMIT BY REVISING APPENDIX B. SCHEDULE OF STOPPING, STANDING AND PARKING RESTRICTIONS, FOR GRAND AVENUE, MISSOURI ROAD AND MULBERRY STREET, ALL LOCATED WITHIN THE CITY OF LEE’S SUMMIT, JACKSON COUNTY, MISSOURI.
COUNCIL ACTION: On motion of Councilmember Cockrell, second by Councilmember Gray, the Council voted 7 “aye”, 0 “no”, 1 “absent” (Councilmember Hallam), to approve and numbered ORDINANCE NO. 6998.
B. BILL NO. 10-121 AN ORDINANCE GRANTING A CHANGE IN ZONING CLASSIFICATION FROM R-1 TO PMIX ON LAND LOCATED AT 501 NE MISSOURI ROAD AND APPROVING A CONCEPTUAL DEVELOPMENT PLAN FOR CORNERSTONE CHURCH AND RESIDENTIAL MIXED USE, 501 NE MISSOURI ROAD, ALL IN ACCORDANCE WITH THE PROVISIONS OF UNIFIED DEVELOPMENT ORDINANCE NO. 5209 FOR THE CITY OF LEE'S SUMMIT, MISSOURI. (Appl. #10-066 & 10-067)
COUNCIL ACTION: This Bill was CONTINUED to the DECEMBER 2, 2010, Council meeting.
NOTE: Councilmember Hallam returned at 9:36 p.m.
C. REQUEST by Kevin Fitzpatrick, developer for Ritter Plaza TIF contract, for a waiver of the prohibition against automotive parts sales (Auto Zone).
COUNCIL ACTION: On motion of Councilmember Cockrell, second by Councilmember Spallo, the Council voted 6 “aye”, 2 “no” (Councilmembers Johnson and Hofmann), to authorize Auto Zone to be permitted in the Ritter Plaza TIF District on Lot 7, as shown on the submitted plan.
D. PRESENTATION of the 2010 - 2011 Snow Plan.
COUNCIL ACTION: This item was REMOVED from the agenda.
8. COMMITTEE REPORTS:
• No Committee Reports
9. ROUNDTABLE: Mr. Arbo reminded the Council that KCPT aired the Imagine KC program this evening that featured Lee’s Summit.
ADJOURNMENT: There being no further business, Mayor Rhoads ADJOURNED the November 18, 2010, City Council meeting at 9:55 p.m.
_______________________________ __________________________________
Denise Chisum Trisha Whitehead
City Clerk Deputy City Clerk
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BOND: MISSOURI TAXPAYERS SHOULDN’T HAVE TO SUBSIDIZE THE PURCHASE OF SENATE VOTES
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