CITY COUNCIL ACTION LETTER CITY OF LEE S SUMMIT REGULAR SESSION NO. 4

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1 CITY COUNCIL ACTION LETTER CITY OF LEE S SUMMIT REGULAR SESSION NO. 4 Thursday, June 19, 2014 City Council Chambers City Hall 220 SE Green Street Lee s Summit, Missouri 5:45 CLOSED SESSION: On motion of Councilmember Johnson, second by Councilmember Binney, the Council voted unanimously (Councilmember Mosby Absent ), to hold a closed session pursuant to Section (1) of the Revised Statutes of the State of Missouri. 6:15 P.M. Mayor Rhoads called Regular Session No. 4 to order. Invocation Mayor Rhoads Roll Call Councilmember Rob Binney Present Councilmember Diane Forte Present Councilmember Dave Mosby Present Mayor Pro-Tem Allan Gray Present Councilmember Derek Holland Present Councilmember Trish Carlyle Present Councilmember Diane Seif Present Councilmember Bob Johnson Present City Manager Steve Arbo and City Attorney Brian Head were also present. APPROVAL OF AGENDA: Mayor Rhoads removed Items 9.1C. and 9.E. from the published amended agenda. On motion of Mayor Pro-Tem Gray, second by Councilmember Mosby, the Council voted 7 aye, 1 no (Councilmember Binney), to approve the amended published amended agenda. 1. PUBLIC COMMENTS: Ms. Susan Coffman, 306 NE Corder, requested consideration for utilizing Arnold Hall to establish nonprofit organizations. Sue McCoy, Co-owner of Jim s Tow Service, presented a counter recommendation for Item 9.G., award of bid for police-ordered tows, stating her reasons for the bid to be granted to Jim s Tow instead of ABC Tow. Elwood Ralen with ABC Tow provided his opinions on the bid for towing. 2. COUNCIL COMMENTS: There were no comments from the Council. 3. APPROVAL OF CONSENT AGENDA: COUNCIL ACTION: On motion of Mayor Pro Tem Gray, second by Councilmember Seif, the Council voted unanimously to approve the Consent Agenda as follows: A. Approval of Action Letter from the June 5, 2014 Council Meeting.

2 LEE S SUMMIT CITY COUNCIL AGENDA Page 2 June 19, 2014 B. A Hazardous Material Permit Application for Hy-Vee Gas, 920 NE Langsford Road. C. MAYOR S APPOINTMENTS: Arts Council: Appoint Jeannine Akins to replace Kevin Nierman term to expire 7/22/15. Health Education Advisory Board: Reappoint Dr. Ed Kraemer, Cheryl Orr, Judy Schmoeger and Sara Walz, terms to expire 7/1/17. Housing Authority: Appoint Barbara Henson to replace Mike Ford, term to expire 5/4/17 and Nick Swearngin to replace Roy Nelson, term to expire 5/4/18. D. Environment and Natural Resources Committee: Approval of one year renewal of On-Call Agreement for Resource Recovery Park (Original RFQ No ) (Renewal No /R1) and Modification No. 1 to Agreement with Stearns, Conrad & Schmidt, Consulting Engineers, Inc. dba SCS Aquaterra, for a notto-exceed cost of $299, NOTE: This item was considered by the Environment and Natural Resources Committee on June 2, PROPOSED ORDINANCES: The following proposed ordinances, submitted as bills, are often passed with little or no discussion. All items were previously discussed by the Council or Council Committee. This is a formal reading of proposed ordinances, as required by the City Charter. A. BILL NO AN ORDINANCE ACCEPTING FINAL PLAT ENTITLED HIGHLAND MEADOWS, 3 RD PLAT, LOTS 79-87, AND TRACT E, AS A SUBDIVISION TO THE CITY OF LEE S SUMMIT, MISSOURI. COUNCIL ACTION: On motion of Councilmember Mosby, second by Mayor Pro Tem Gray, the Council voted unanimously to approve and numbered ORDINANCE NO B. BILL NO AN ORDINANCE AUTHORIZING THE EXECUTION OF A ROAD MAINTENANCE AGREEMENT BETWEEN THE FAMILY RANCH, LLC, AND THE CITY OF LEE'S SUMMIT, MISSOURI. COUNCIL ACTION: On motion of Councilmember Holland, second by Mayor Pro Tem Gray, the Council voted unanimously to approve and numbered ORDINANCE NO C. BILL NO APPROVAL OF AN ORDINANCE AMENDING CHAPTER 2. ADMINISTRATION, ARTICLE II. COUNCIL, DIVISION 2. PROCEDURES, OF THE CODE OF ORDINANCES OF THE CITY OF LEE S SUMMIT TO PROVIDE RULES OF PROCEDURE FOR THE TIMING OF MOTIONS TO RECONSIDER A PRIOR ACTION TAKEN BY THE CITY COUNCIL OF THE CITY OF LEE S SUMMIT. (RC ) DISCUSSION: Councilmember Binney asked for clarification on this action. Councilmember Johnson stated that Roberts Rules of Order allows reconsideration of motions on either the same day or the same session. By this ordinance, a session is defined as either that day or the next business meeting. In his opinion, the Council is actually a two-year session, rather than each meeting session, because the Council will adjourn Sine Die after an election of municipal officials. Councilmember Binney was concerned that political dealings could occur between meetings. COUNCIL ACTION: On motion of Councilmember Johnson, second by Mayor Pro Tem Gray, the Council

3 LEE S SUMMIT CITY COUNCIL AGENDA Page 3 June 19, 2014 voted unanimously to approve and numbered ORDINANCE NO ORDINANCES PREVIOUS PUBLIC HEARING: The following proposed ordinances, submitted as bills, are passed with little or no discussion, as staff was directed by City Council, after a public hearing on the matter, to draft the proposed ordinance. No additional public comments are heard regarding these bills. This is a formal reading of proposed ordinances, as required by the City Charter. A. BILL NO AN ORDINANCE APPROVING, ADOPTING AND APPROPRIATING THE BUDGET OF THE CITY OF LEE'S SUMMIT, MISSOURI, FOR THE FISCAL YEAR ENDING JUNE 30, COUNCIL ACTION: On motion of Councilmember Forte, second by Mayor Pro-Tem Gray, the Council 7 aye, 1 no (Councilmember Johnson), to approve and numbered ORDINANCE NO Councilmember Johnson No Mayor Pro Tem Gray Aye 6. RESOLUTIONS: A. RES. NO. 14- RES. NO RESOLUTION SUPPORTING FUNDING FOR THE LEE S SUMMIT COMMUNITY MARKETING PROGRAM. DISCUSSION: Councilmember Holland stated the City needed to continue building a good image and he felt Jim McKenna had done an outstanding job. This resolution was a commitment to him and the City s support to move forward. COUNCIL ACTION: On motion of Mayor Pro-Tem Gray, second by Councilmember Forte, the Council voted 7 aye, 1 no (Councilmember Johnson), to approve RESOLUTION NO B. RES. NO A RESOLUTION AUTHORIZING THE OFFERING FOR SALE OF REFUNDING CERTIFICATES OF PARTICIPATION BY THE CITY OF LEE'S SUMMIT, MISSOURI. COUNCIL ACTION: On motion of Mayor Pro-Tem Gray, second by Councilmember Johnson, the Council voted unanimously to approve RESOLUTION NO C. RES. NO A RESOLUTION EXPRESSING THE CITY OF LEE S SUMMIT S DESIRE FOR THE MISSOURI DEPARTMENT OF TRANSPORTATION TO INCLUDE THE DESIGN AND CONSTRUCTION OF A NEW INTERCHANGE AT U.S. 50 HIGHWAY AND M-291 SOUTH IN THE LIST OF PROJECTS TO BE FUNDED BY AMENDMENT 7 TO THE MISSOURI STATE CONSTITUTION THAT WILL BE CONSIDERED BY THE VOTERS ON AUGUST 5, DISCUSSION: Councilmember Seif felt this project was very important for the City s economic future. COUNCIL ACTION: On motion of Mayor Pro-Tem Gray, second by Councilmember Binney, the Council voted 7 aye, 1 no (Councilmember Johnson), to approve RESOLUTION NO PRESENTATIONS: A. Request to recommend award of bid and contract No for the renovation of the WPA Post Office to be utilized as the Lee's Summit Historical Museum to The Wilson Group Inc. to include the base bid of $415, and alternate No. 4 in the amount of $12, for a total contract amount of $427, COUNCIL ACTION: On motion of Councilmember Forte, second by Councilmember Mosby, the Council voted unanimously to award the bid as recommended above.

4 LEE S SUMMIT CITY COUNCIL AGENDA Page 4 June 19, 2014 NOTE: Councilmember Johnson away from the table, following a short break. 7. PUBLIC HEARINGS (Sworn): In an effort to assist applicants who travel from outside the Kansas City Metropolitan Area, every effort will be made to hear the application on the scheduled meeting date. A. SPECIAL USE PERMIT for recreational facility in PI (Planned Industrial) district A Strong Stop, 1012 SE Hamblen Road; Alyssa Stroud, applicant. (Appl. #14-051) (This item will be CONTINUED to July 10, 2014) COUNCIL ACTION: On motion of Councilmember Binney, second by Mayor Pro-Tem Gray, the Council voted unanimously (Councilmember Johnson away from table), to CONTINUE the public hearing until July 10, B. PUBLIC HEARING Application #PL Amendment #48 to the UNIFIED DEVELOPMENT ORDINANCE (UDO) Article 1, General Provisions; Article 3, Permits and Certificates of Occupancy; Article 4, Applications and Procedures; Article 6, Overlay Districts; and Article 7, Design Standards; City of Lee s Summit, applicant. COUNCIL ACTION: On motion of Mayor Pro-Tem Gray, second by Councilmember Binney, the Council voted 6 Aye, 1 no (Councilmember Mosby), 1 absent from the table (Councilmember Johnson) to direct staff to DRAFT AN ORDINANCE approving the proposed Amendment #48 to the UDO. NOTE: Councilmember Johnson returned to the table. 8. PUBLIC HEARINGS (Legislative): A. Public Hearing on the Petition for the Creation of the Downtown Lee's Summit Community Improvement District. COUNCIL ACTION: On motion of Mayor Pro-Tem Gray, second by Councilmember Holland, the Council voted unanimously to direct staff to PREPARE AN ORDINANCE for the creation of the Downtown CID. 9. OTHER BUSINESS: 9.1 REQUEST FOR COUNCIL DIRECTION REGARDING CONFLICTING ACTIONS BY COUNCIL COMMITTEES. NOTE: This item was removed from the agenda. A. BILL NO AN ORDINANCE AMENDING ARTICLE 1, GENERAL PROVISIONS; ARTICLE 3, PERMITS AND CERTIFICATES; ARTICLE 4, APPLICATIONS AND PROCEDURES, ARTICLE 6, OVERLAY DISTRICTS AND ARTICLE 7, DESIGN STANDARDS, OF THE UNIFIED DEVELOPMENT ORDINANCE OF THE CITY OF LEE S SUMMIT, MISSOURI. DISCUSSION: Councilmember Mosby felt strongly that the Council should oversee changes to the UDO through Council consideration. COUNCIL ACTION: On motion of Councilmember Binney, second by Mayor Pro-Tem Gray, the Council voted 7 aye, 1 no (Councilmember Mosby), to approve and numbered ORDINANCE NO Councilmember Mosby No Councilmember Forte Aye

5 LEE S SUMMIT CITY COUNCIL AGENDA Page 5 June 19, 2014 B. BILL NO AN ORDINANCE APPROVING THE PETITION FOR AND ESTABLISHING THE DOWNTOWN LEE S SUMMIT COMMUNITY IMPROVEMENT DISTRICT. COUNCIL ACTION: On motion of Councilmember Seif, second by Mayor Pro-Tem Gray, the Council voted unanimously to approve and numbered ORDINANCE NO C. BILL NO 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 Forte, second by Mayor Pro-Tem Gray, the Council voted unanimously to approve and numbered ORDINANCE NO D. BILL NO 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 Mayor Pro-Tem Gray, second by Councilmember Forte, the Council voted 7 aye, 1 no (Councilmember Johnson), to approve and numbered ORDINANCE NO Councilmember Johnson No Mayor Pro Tem Gray Aye E. BILL NO AN ORDINANCE APPROVING THE EXECUTION OF A PUBLIC SERVICE AGREEMENT BY AND BETWEEN LEE S SUMMIT ECONOMIC DEVELOPMENT COUNCIL. AND THE CITY OF LEE S SUMMIT, MISSOURI, FOR SERVICES TO BE PROVIDED TO THE CITY. NOTE: This ordinance was removed from the agenda. F. BILL NO AN ORDINANCE APPROVING THE EXECUTION OF A PUBLIC SERVICE AGREEMENT BY AND BETWEEN DOWNTOWN LEE S SUMMIT MAIN STREET AND THE CITY OF LEE S SUMMIT, MISSOURI, FOR SERVICES TO BE PROVIDED TO THE CITY. COUNCIL ACTION: On motion of Councilmember Holland, second by Councilmember Mosby, the Council voted unanimously to approve and numbered ORDINANCE NO

6 LEE S SUMMIT CITY COUNCIL AGENDA Page 6 June 19, 2014 G. PROCUREMENT AND CONTRACT SERVICES DEPARTMENT: Request award of bid and yearly contract # to ABC Specialty Inc. to provide City ordered tow services for a one (1) year contractual term with the possibility of four (4), one (1) year renewal terms based upon the attached pricing sheet. COUNCIL ACTION: On motion of Councilmember Binney, second by Councilmember Carlyle, the Council voted 6 aye, 2 no (Councilmembers Johnson and Mosby) to approve the award as recommended. H. HUMAN RESOURCES DEPARTMENT: Recommend award of RFP for a one year contract with four additional one year renewal options for Medical Services to CareSpot Express Healthcare for the Human Resources Department. COUNCIL ACTION: On motion of Councilmember Binney, second by Councilmember Seif, the Council voted unanimously to approve the recommended award of RFP I. PUBLIC WORKS COMMITTEE: 1) BILL NO AN ORDINANCE AUTHORIZING THE EXECUTION OF AMENDMENTS NUMBER 9 AND 10 TO LEASE NUMBER FOR HANGAR LEASE RENTAL BETWEEN THE CITY OF LEE S SUMMIT, MISSOURI AND THE STATE OF MISSOURI, OFFICE OF ADMINISTRATION, DIVISION OF FACILITIES MANAGEMENT, ON BEHALF OF THE DEPARTMENT OF PUBLIC SAFETY, MISSOURI STATE HIGHWAY PATROL. COUNCIL ACTION: On motion of Councilmember Johnson, second by Mayor Pro-Tem Gray, the Council voted unanimously to approve and numbered ORDINANCE NO ) BILL NO AN ORDINANCE AUTHORIZING THE EXECUTION OF MODIFICATION NUMBER 1 TO INTERGOVERNMENTAL AGREEMENT FOR SUB-GRADE PREPARATION AND OVERLAY OF 163RD STREET BY AND BETWEEN THE CITY OF LEE S SUMMIT, MISSOURI AND CASS COUNTY, MISSOURI. COUNCIL ACTION: On motion of Councilmember Binney, second by Councilmember Seif, the Council voted unanimously to approve and numbered ORDINANCE NO ) BILL NO AN ORDINANCE AUTHORIZING THE EXECUTION OF A LEASE AGREEMENT BY AND BETWEEN THE CITY OF LEE S SUMMIT AND R&D AMERICAN AVIATION LLC FOR A PERIOD OF TWO YEARS WITH OPTIONS FOR ADDITIONAL TWO YEAR TERMS FOR BUILDING J AND THE SOUTHWEST OFFICE IN THE TERMINAL BUILDING AT THE LEE S SUMMIT MUNICIPAL AIRPORT AT A RATE OF $2, PER MONTH TOTALING AN ANNUAL RENTAL AMOUNT OF $33, COUNCIL ACTION: On motion of Councilmember Carlyle, second by Councilmember Forte, the Council voted unanimously to approve and numbered ORDINANCE NO

7 LEE S SUMMIT CITY COUNCIL AGENDA Page 7 June 19, ) Approval of Change Order 2 to the contract with Orr Wyatt Streetscapes, for the Chipman Road Water Main Replacement Project, Bid No ; for an increase of $3, for a revised contract price of $807,634.59, and an additional 34 Calendar Days. COUNCIL ACTION: On motion of Mayor Pro-Tem Gray, second by Councilmember Seif, the Council voted unanimously to approve Change Order 2 to contract with Orr Wyatt Streetscapes. 5) Approval of the execution of a Telecommunication Facility Relocation Agreement, in support of the SE Bailey Road Improvements (M-291 to Hamblen Road) project, by and between Level 3 Communications, LLC ("Level 3") and the City of Lee's Summit, Missouri. COUNCIL ACTION: On motion of Mayor Pro-Tem Gray, second by Councilmember Binney, the Council voted unanimously to approve execution of the Telecommunication Facility Relocation agreement. 6) Approval of an agreement for transit service by and between the City of Lee s Summit, Missouri and OATS, Inc. COUNCIL ACTION: On motion of Mayor Pro-Tem Gray, second by Councilmember Binney, the Council voted unanimously to approve the agreement for transit service with OATS, Inc. J. MOVED SEE PRESENTATIONS ITEM 6.1. K. Continued Discussion of Design Concepts for an Outdoor Performance Space at 123 SE 3rd Street. (NOTE: This item will be CONTINUED to the July 10, 2014, City Council meeting.) L. A presentation will be given to the City Council summarizing the concepts of both Chapter 353 Redevelopment Corporations and TIF Contracts. 10. COMMITTEE REPORTS (Committee chairs report on matters held in Committee): Councilmember Mosby advised that the CEDC passed Staff s recommendation for CDBG funding allocations. Councilmember Carlyle had an opportunity this week to meet with the Livable Streets Advisory Board and complimented them on their hard work. 11. COUNCIL ROUNDTABLE: Councilmember Mosby received a call from a retired firefighter regarding the dangers of fireworks. Councilmember Mosby suggested the number of days for fireworks be reduced and requested reports on the number of injuries, etc., that have occurred from fireworks during the 4 th of July holiday. Councilmember Forte asked to schedule a joint meeting between the Council and EDC. Mr. Arbo advised that a Special Session has been set for July 31 st. Councilmember Seif suggested that a Council committee be created to review the request provided by Susan Coffman in Council Comments regarding the use of Arnold Hall by non-profit organizations. 12. STAFF ROUNDTABLE: Mr. Arbo wanted to know if the Council would assist Staff by participating in a quality performance measure, particularly regarding Staff reports for meetings. The existing packet form system has been used for twelve years and needs to be updated. He suggested a committee of three councilmembers to meet with Staff. Council reached a consensus to move forward. ADJOURNMENT: There being no further business, Mayor Rhoads ADJOURNED the June 19, 2014, Regular City Council meeting at 8:50 p.m. Denise Chisum, MMC/MPCC City Clerk