Lee's Summit City Council Action Letter Thursday, Nov. 19, 2009
CITY COUNCIL ACTION LETTER
CITY OF LEE’S SUMMIT
Thursday, November 19, 2009
REGULAR SESSION NO. 46
5:45 P.M. CLOSED SESSION: On motion of Councilmember Hallam, second by Councilmember Hofmann , voted unanimously (Councilmembers Swearngin “absent”) to hold a closed session pursuant to Section 610.021(2) of the RSMo.
6:20 P.M. Mayor Messerli presiding.
Invocation –Mayor Messerli
Roll Call –
Councilmember Jim Hallam Present Councilmember Kathy Hofmann Present
Councilmember Randall Rhoads Present Councilmember Allan Gray Present
Councilmember Joseph Spallo Present Councilmember Ed Cockrell Present
Councilmember Nick Swearngin Absent Councilmember Bob Johnson Present
Also present: Mr. Stephen Arbo, City Manager, and Mrs. Teresa Williams, City Attorney.
APPROVAL OF AGENDA: On motion of Councilmember Hallam, second by Councilmember Cockrell, voted unanimously (Councilmember Swearngin “absent”) to approve the amended agenda.
1. PUBLIC COMMENTS:
Mr. John Ivey addressed the Council about the roads and sewers in Lee’s Summit. He also discussed the upcoming election in 2010.
George Moorshead voiced concerns regarding Public Water Sewer District #14.
Raleigh Jonas present Mayor Messerli with his drawing of Lee’s Summit.
Mayor Messerli recognized several Boy Scouts from Troop 323 and Cub Scouts from Pack 323 that were in attendance.
Mike Dodig spoke regarding the Ordinance on tonight’s agenda for the merger with Public Water Sewer District #14, stating a majority of the Board is in favor of the Ordinance to move forward.
2. COUNCIL COMMENTS: There were no Council comments.
3. APPROVAL OF CONSENT AGENDA:
COUNCIL ACTION: On motion of Councilmember Hallam, second by Councilmember Hofmann, the Council voted unanimously (Councilmember Swearngin “absent”) to approve the consent agenda, as follows:
A. CITY CLERK: Approval of Minutes from the August 20, 2009 Regular Session and the September 10, 2009 and November 12, 2009 Work Sessions.
B. PLANNING AND DEVELOPMENT:
One year time extension request for the Ritter Plaza Preliminary Development Plan.
C. POLICE DEPARTMENT:
1) Approval of Types G3 and K-Temporary Liquor License Applications for Sakura Sushi, 860 SW Blue Parkway, Suite D103.
2) Approval of Type G1 Liquor License Application for Eddie’s Lounge, 3512 SW Market Street. This application is a Change of Ownership from Viking USA Bootheel MO #421 reverting back to John & Pat Enterprises Inc.
3) Approval of Types G3 & K-Temporary for Next Door Pizza & Pub, 3385 SW Fascination Drive.
D. PUBLIC WORKS COMMITTEE:
NOTE: The following items were considered by the Public Works Committee on November 4, 2009.
Award of Bid No.79801-1C for Stormwater Improvements Phase 1 to Precision Construction and Contracting in the amount of $200,000.00.
4. PROPOSED ORDINANCES:
A. BILL NO. 09-107 AN ORDINANCE VACATING A CERTAIN EASEMENT LOCATED WITHIN THE PLAT ENTITLED “CHAPEL RIDGE BUSINESS PARK” IN THE CITY OF LEE'S SUMMIT, MISSOURI. (Appl. #09-073)
COUNCIL ACTION: On motion of Councilmember Cockrell, second by Councilmember Hallam, voted unanimously (Councilmembers Swearngin “absent”) to approve and numbered ORDINANCE NO. 6852.
B. BILL NO. 09-108 AN ORDINANCE APPROVING THE CONSOLIDATION AND MERGER AGREEMENT BY AND BETWEEN PUBLIC WATER SUPPLY DISTRICT NO. 14 OF JACKSON COUNTY, MISSOURI AND THE CITY OF LEE'S SUMMIT, MISSOURI AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT. (PWC 11/4/09)
COUNCIL ACTION: After discussion and clarification, on motion of Councilmember Hofmann, second by Councilmember Cockrell, voted 5 “aye”, 2 “no” (Councilmembers Rhoads and Spallo), 1 “absent” (Councilmember Swearngin”) to approve and numbered ORDINANCE NO. 6853.
C. BILL NO. 09-109 AN ORDINANCE APPROVING EXTENSION AGREEMENT NO. 5 TO THE LEASE AND CONTRACT DATED JULY 20, 1976 BY AND BETWEEN PUBLIC WATER SUPPLY DISTRICT NO. 14 OF JACKSON COUNTY, MISSOURI AND THE CITY OF LEE'S SUMMIT, MISSOURI AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT. (PWC 11/4/09)
COUNCIL ACTION: On motion of Councilmember Gray, second by Councilmember Hofmann, voted unanimously (Councilmember Swearngin “absent”) to approve and numbered ORDINANCE NO. 6854.
D. BILL NO. 09-110 AN ORDINANCE APPROVING A FACILITIES EXTENSION AGREEMENT BY AND BETWEEN KANSAS CITY POWER AND LIGHT, INC. AND THE CITY OF LEE’S SUMMIT, MISSOURI, REGARDING THE PROVISION OF ELECTRICAL SERVICE INFRASTRUCTURE FOR THE MIDDLE BIG CREEK/MOUSE CREEK EXCESS FLOW HOLDING BASIN PROJECT. (PWC 11/4/09)
COUNCIL ACTION: On motion of Councilmember Spallo, second by Councilmember Cockrell, voted unanimously (Councilmember Swearngin “absent”) to approve and numbered ORDINANCE NO. 6855.
E. BILL NO. 09-111 AN ORDINANCE AMENDING SECTION 5200 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 11/4/09)
COUNCIL ACTION: On motion of Councilmember Johnson, second by Councilmember Cockrell, voted unanimously (Councilmember Swearngin “absent”) to approve and numbered ORDINANCE NO. 6856.
F. BILL NO. 09-112 AN ORDINANCE APPROVING THE ASSIGNMENT AND ASSUMPTION AGREEMENT BETWEEN GALE COMMUNITIES, INC., MCDONALD’S USA, L.L.C., AND THE CITY OF LEE’S SUMMIT, MISSOURI FOR THE TRANSFER OF PROPERTY IN PROJECT AREA 1-B OF THE LONGVIEW FARMS TAX INCREMENT FINANCING REDEVELOPMENT AREA.- This item has been moved to Other Business.
G. BILL NO. 09-113 AN ORDINANCE APPROVING THE SECOND AMENDMENT TO FIRST AMENDED AND RESTATED TAX INCREMENT FINANCING CONTRACT BETWEEN R.E.D. CAPITAL HOLDINGS SPE OF LEE'S SUMMIT, LLC AND THE CITY OF LEE'S SUMMIT, MISSOURI.
THIS ORDINANCE WAS WITHDRAWN.
5. PROPOSED RESOLUTIONS:
A. RES. NO. 09-22 A RESOLUTION OF SUPPORT BY THE CITY OF LEE’S SUMMIT, MISSOURI, TO DOWNTOWN LEE’S SUMMIT MAIN STREET FOR THEIR ENTRY INTO THE 2010 GREAT AMERICAN MAIN STREET AWARDS COMPETITION.
COUNCIL ACTION: On motion of Councilmember Cockrell, second by Councilmember Gray, voted unanimously (Councilmember Swearngin “absent”) to ADOPT RES. NO. 09-22.
6. PUBLIC HEARINGS:
A. SPECIAL USE PERMIT for Auto Dealership with indoor display – Executive Automotive, 453 SE Oldham Parkway; KCP Properties LLC, applicant. (Appl. #09-085)
COUNCIL ACTION: On motion of Councilmember Johnson , second by Councilmember Hallam, voted unanimously (Councilmember Swearngin “absent”) to direct Staff to DRAFT AN ORDINANCE to approve Application #2009-085; Special Use Permit for Auto Dealership with indoor display; Executive Automotive, 453 SE Oldham Pkwy; KGP Properties, LLC, applicant, subject to staff's letter, dated November 11, 2009, Items 1-3.
7. OTHER BUSINESS:
A. BILL NO. 09-114 AN ORDINANCE GRANTING A SPECIAL USE PERMIT FOR AUTO DEALERSHIP WITH INDOOR DISPLAY IN DISTRICT PI ON LAND LOCATED AT 453 SE OLDHAM PKWY 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. (Appl. #09-085)
COUNCIL ACTION: On motion of Councilmember Gray, second by Councilmember Hallam, voted unanimously (Councilmember Swearngin “absent”) approve and numbered ORDINANCE NO. 6857.
B. FINANCE AND PERSONNEL: Award of Bid No. 10-009, Metropolitan Joint Vehicle Bid for the purchase of 2010 Model Year vehicles from multiple vendors based on unit prices reflected in attached bid tabulation. (F&PC 11/17/09)
COUNCIL ACTION: On motion of Councilmember Hallam, second by Councilmember Gray , voted unanimously (Councilmember Swearngin “absent”) to award Bid No. 10-009.
C. DISCUSSION: General discussion and consideration of motion for Gale Communities requesting approval of a New Longview tenant that is expanding its business with a fifth location in Lee's Summit.
COUNCIL ACTION: On motion of Councilmember Cockrell, second by Councilmember Hallam, voted unanimously (Councilmember Swearngin “absent”) to approve a duplicate McDonald’s restaurant to be located in the Longview Farm Redevelopment area.
1) BILL NO. 09-112 AN ORDINANCE APPROVING THE ASSIGNMENT AND ASSUMPTION AGREEMENT BETWEEN GALE COMMUNITIES, INC., MCDONALD’S USA, L.L.C., AND THE CITY OF LEE’S SUMMIT, MISSOURI FOR THE TRANSFER OF PROPERTY IN PROJECT AREA 1-B OF THE LONGVIEW FARMS TAX INCREMENT FINANCING REDEVELOPMENT AREA.- (This item was moved from Ordinances.)
COUNCIL ACTION: On motion of Councilmember Hallam, second by Councilmember Cockrell, voted unanimously (Councilmember Swearngin “absent”) approve and numbered ORDINANCE NO. 6859.
Councilmember Hallam absent at 7:45 p.m.
D. PRESENTATION: Status Report and Discussion on the Conceptual Arnold Hall Redevelopment Project.
COUNCIL ACTION: After presentation and discussion, on motion by Councilmember Gray, second by Councilmember Hofmann, Council voted 6 “aye”, 1 “no” (Councilmember Spallo), and 1 “absent” (Councilmember Swearngin) to direct Staff to proceed with the assignment of an additional $100,000 from the opportunity reserve fund for purposes outlined in staff’s report dated November 19, 2009.
6. COMMITTEE REPORTS: No reports.
7. ROUNDTABLE:
• Councilmember Spallo asked for an update on Summit Fair with regard to tenants/leasing compared to the plan that was presented to Council.
Mr. Steve Arbo advised that a report, including the information Councilmember Spallo requested, will be done by Staff and given to Council upon completion.
ADJOURNMENT: 8:35 p.m.
Trisha Whitehead
Deputy City Clerk
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