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City Council Action Ltter Thursday, January 6, 2011
Thursday, January 6, 2011
REGULAR SESSION NO. 16
6:15 P.M. Mayor Rhoads called Regular Session No.16 to order.
Invocation –Mayor Rhoads
Roll Call –
Councilmember Jim Hallam Absent 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 Cockrell, second by Councilmember Mosby, voted unanimously (Councilmember Hallam “Absent”) to approve the published agenda.
1. PUBLIC COMMENTS:
• Mr. John Ivey voiced his concern with a roadway located by 470 and feels that the City should take over the state right-of-way.
2. COUNCIL COMMENTS: There were no Council comments.
3. APPROVAL OF CONSENT AGENDA:
COUNCIL ACTION: On motion of Councilmember Whitley, second by Councilmember Johnson, the Council voted 6 “Aye”, 1 “No” (Councilmember Spallo) and 1 “Absent” (Councilmember Hallam) to approve the consent agenda, as follows:
A. MAYOR’S APPOINTMENTS:
Health Care Foundation: Reappoint Diane Seif, term to expire December 31, 2013.
Park Board: Appoint Melinda Aulenbach to replace Ruthie Funk term to expire 5-31-13.
B. POLICE DEPARTMENT:
1) Approval for request of name change for 5.10 Bar & Grill to Bleachers Bar & Grill, 210 SW Greenwich Drive.
2) Approval of Type G3 & K Temp liquor license for Tequila House 410 SE 291 Highway.
4. PROPOSED ORDINANCES:
A. BILL NO. 11-01 AN ORDINANCE GRANTING A CHANGE IN ZONING CLASSIFICATION FROM RP-2 AND RP-3 TO R-1, VARIOUS PARCELS OF LAND LOCATED EAST OF M-291, ALL IN ACCORDANCE WITH THE PROVISIONS OF UNIFIED DEVELOPMENT ORDINANCE NO. 5209 FOR THE CITY OF LEE'S SUMMIT, MISSOURI. (Appl. #10-031)
COUNCIL ACTION: On motion of Councilmember Cockrell, second by Councilmember Hofmann, the Council voted unanimously (Councilmember Hallam “Absent”) to approve and numbered ORDINANCE NO. 7006.
B. BILL NO. 11-02 AN ORDINANCE APPROVING A PRELIMINARY DEVELOPMENT PLAN ON LAND LOCATED AT 621 SW 3rd STREET, IN DISTRICT CP-2, CVS PHARMACY, ALL IN ACCORDANCE WITH THE PROVISIONS OF UNIFIED DEVELOPMENT ORDINANCE, NO. 5209, FOR THE CITY OF LEE'S SUMMIT, MISSOURI. (Appl. #10-47)
COUNCIL ACTION: On motion of Councilmember Johnson, second by Councilmember Hofmann, the Council voted 6 “Aye”, 1 “No” (Councilmember Spallo), 1 “Absent” (Councilmember Hallam) to approve and numbered ORDINANCE NO. 7007.
C. BILL NO. 11-03 AN ORDINANCE AMENDING APPENDIX A TO CHAPTER 29 OF THE CODE OF ORDINANCES OF THE CITY OF LEE'S SUMMIT, MISSOURI BY REVISING THE SPEED LIMITS FOR CERTAIN STREETS AND SEGMENTS OF STREETS LOCATED IN THE CITY OF LEE'S SUMMIT.
COUNCIL ACTION: On motion of Councilmember Spallo, second by Councilmember Mosby, the Council voted 5 “Aye”, 2 “No” (Councilmembers Cockrell and Spallo), 1 “Absent” (Councilmember Hallam) to approve and numbered ORDINANCE NO. 7008.
5. PRESENTATIONS:
A. 2010 Distinguished Service Awards
COUNCIL ACTION: No Council Action required.
B. PRESENTATION on the Dr. Martin Luther King, Jr. “Celebrating the Dream through Service” week of service and evening celebration.
COUNCIL ACTION: No Council Action required.
6. PUBLIC HEARINGS:
A. UDO AMENDMENT #38-C – Article 8, Accessory Uses, detached garage size; City of Lee’s Summit, applicant. (Appl. #10-057)
COUNCIL ACTION: On motion of Councilmember Johnson, second by Councilmember Gray, the Council voted 6 “Aye”, 1 “No” (Councilmember Mosby), 1 “Absent” (Councilmember Hallam) to direct Staff to DRAFT AN ORDINANCE approving Amendment No. 38-C to the UDO, with amendments as proposed on the chart revised by Council on January 6, 2011.
B. PRELIMINARY DEVELOPMENT PLAN - Benton House Senior Housing, 2160 SE Blue Parkway; Principal Senior Living Group, appl., and CONCEPTUAL DEVELOPMENT PLAN - Magnolia Place; Richard Link, applicant. (Appl. #10-060) and SPECIAL USE PERMIT for retirement home (assisted living) in CP-2, Benton House Senior Housing, 2160 SE Blue Parkway, Principal Senior Living Group, applicant. (Appl. #10-061)
COUNCIL ACTION: Motion was made by Councilmember Johnson, seconded by Councilmember Whitley, to direct Staff to PRESENT AN ORDINANCE approving the proposed preliminary development plan and special use permit, subject to Staff's letter dated December 29, 2010, Items 1-10.
On motion of Councilmember Cockrell, second by Councilmember Gray, the Council voted 4 “aye”, 3 “no” (Councilmembers Spallo, Mosby and Whitley), 1 “absent” (Councilmember Hallam), to amend the original motion and APPROVE the special use permit for a period of 40 years. MOTION PASSED.
On the original motion for approval by Councilmember Johnson, including the amendment to approve the special use permit for 40 years, the Council voted 4 “aye”, 3 “no” (Councilmembers Mosby, Whitley and Spallo), 1 “absent” (Councilmember Hallam).
C. SPECIAL USE PERMIT Renewal for asphalt plant - Superior Asphalt Company, 2400 NW Quarry Park Road.; Superior Asphalt Company, applicant. (Appl. #10-063)
COUNCIL ACTION: On motion of Councilmember Gray, second by Councilmember Hofmann, the Council voted unanimously (Councilmember Hallam “absent”) to direct staff to DRAFT AN ORDINANCE approving the special use permit renewal, subject to Staff's letter dated December 29, 2010, for a period of 20 years.
D. REZONING from PI to CP-2 and PRELIM DEV PLAN – Strother Crossing, SW corner of I-470 & Strother Road; LBC Development Corporation, applicant. (Appl. #10-069 & #10-070)
COUNCIL ACTION: On motion of Councilmember Whitley, second by Councilmember Mosby, the Council voted 6 “aye”, 1 “absent” (Councilmember Hallam), 1 “away from the table” (Councilmember Gray), to direct Staff to DRAFT AN ORDINANCE approving the requested rezoning and PDP, subject to Staff's letter dated December 29, 2010, Items 1-5.
7. OTHER BUSINESS:
A. BILL NO. 11-04 AN ORDINANCE APPROVING A PRELIMINARY DEVELOPMENT PLAN ON LAND LOCATED AT 2160 SE BLUE PARKWAY IN DISTRICT CP-2, BENTON HOUSE SENIOR HOUSING, AND A CONCEPTUAL DEVELOPMENT PLAN ON 22 ACRES OF VACANT CP-2 LAND IN CHARLESTON PARK, LOCATED BETWEEN SHENANDOAH DRIVE AND BLUE PARKWAY, TO BE DEVELOPED AS MAGNOLIA PLACE AT CHARLESTON PARK, ALL IN ACCORDANCE WITH THE PROVISIONS OF UNIFIED DEVELOPMENT ORDINANCE NO. 5209 FOR THE CITY OF LEE'S SUMMIT, MISSOURI. (Appl. #10-060)
COUNCIL ACTION: On motion of Councilmember Gray, second by Councilmember Hofmann, the Council voted 5 “aye”, 2 “no” (Councilmembers Mosby and Spallo), 1 “absent” (Councilmember Hallam) to approve and numbered ORDINANCE NO. 7009.
B. BILL NO. 11-05 AN ORDINANCE GRANTING A SPECIAL USE PERMIT FOR RETIREMENT HOME (ASSISTED LIVING), BENTON HOUSE SENIOR HOUSING, IN DISTRICT CP-2 ON LAND LOCATED AT 2160 SE BLUE PARKWAY FOR A PERIOD OF FORTY (40) YEARS, ALL IN ACCORDANCE WITH ARTICLE 10 WITHIN THE UNIFIED DEVELOPMENT ORDINANCE, FOR THE CITY OF LEE'S SUMMIT, MISSOURI. (Appl. #10-061)
COUNCIL ACTION: On motion of Councilmember Cockrell, second by Councilmember Gray, the Council voted 4 “Aye”, 3 “No” (Councilmembers Mosby, Spallo and Whitley), 1 “Absent” (Councilmember Hallam) to CONTINUE BILL NO. 11-05 to a date certain of January 20, 2011.
C. PUBLIC WORKS:
1. Award of Bid No. 44031-C for Traffic Signal Re-Lamping, to Capital Electric Line Builders, Inc. in the amount of $71,433.25.
COUNCIL ACTION: On motion of Councilmember Mosby, second by Councilmember Whitley, the Council voted 6 “aye”, 1 “away from table” (Councilmember Gray), 1 “absent” (Councilmember Hallam) to AWARD Bid No. 44031-C for Traffic Signal Re-Lamping, to Capital Electric Line Builders, Inc. in the amount of $71,433.25.
2. Approval of Change Order No. 3 (Final) to the contract with Miles Excavating, Inc. for Longview Road Improvements (Bid No. 42203); an increase of $54,700.51 for a revised contract amount of $3,919,703.41.
COUNCIL ACTION: On motion of Councilmember Mosby, second by Councilmember Hofmann, the Council voted unanimously (Councilmember Hallam “Absent”) to APPROVE Change Order No. 3 (Final) to the contract with Miles Excavating, Inc. for Longview Road Improvements (Bid No. 42203); an increase of $54,700.51 for a revised contract amount of $3,919,703.41.
D. PRESENTATION of the City Manager's 2010 Operational Assessment Report to the City Council.
COUNCIL ACTION: No Council Action required.
E. FOLLOW-UP DISCUSSION Regarding Implementation Schedule for 2010 General Obligation Bonds.
COUNCIL ACTION: Mr. Brian Scott, Deputy City Manager, advised the Council that Olsson and Associates made a preliminary design for Tudor Road when considering the LEGO Land project. They offered to finalize the design work at a reduced rate. Consensus to allow Staff to negotiate with Olsson and Associates, with final approval by Council.
8. COMMITTEE REPORTS: No reports.
9. ROUNDTABLE:
• Councilmember Gray was pleased to see employees being recognized and suggested the information be placed on the City’s Web site to serve as inspiration for other employees to meet expectations.
• Councilmember Johnson asked the rules Committee to discuss timing on public hearings and follow-up ordinances. In his opinion, the ordinance should not be on the same agenda as the public hearing.
• Councilmember Whitley commended Staff for saving Dino the dinosaur.
• Councilmember Mosby advised the City needed to start looking at development and how to retain water on property as much as possible and not push water into the storm water drains where the public must cover the cost. Councilmember Cockrell pointed out the 20-year storm water bonds addressed the issue.
• Councilmember Gray would like the CDC to review UDO requirements for signage, specifically the number of signs allowed on a building.
ADJOURNMENT: There being no further business, Mayor Rhoads ADJOURNED the January 6, 2011, City Council meeting at 9:35 p.m.
__________________________________
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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