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Home » Lee's Summit Council Updates » City Council Action Letter Thursday, April 3, 2014

City Council Action Letter Thursday, April 3, 2014

CITY COUNCIL ACTION LETTER
CITY OF LEE’S SUMMIT

REGULAR SESSION NO. 45
Thursday, April 3, 2014

City Council Chambers
City Hall
220 SE Green Street
Lee’s Summit, Missouri

5:30 P.M. CLOSED SESSION:  On motion of Councilmember  Whitley, second by Councilmember Hofmann, the Council voted unanimously (Councilmember Mosby arrived later in the meeting) to hold a closed session pursuant to Section 610.021 (1) and Section 610.021(3) of the Revised Statutes of the State of Missouri.

6:15 P.M.    Mayor Rhoads called Regular Session No. 45 to order.  

Invocation – Mayor Rhoads 

Roll Call –
Councilmember Rob Binney          Present              Councilmember Kathy Hofmann        Present
Councilmember Dave Mosby        Present              Mayor Pro-Tem Allan Gray              Present
Councilmember Derek Holland      Present             Councilmember Ed Cockrell              Present
Councilmember Brian Whitley        Present             Councilmember Bob Johnson            Present

City Manager Steve Arbo and Acting City Attorney Rich Wood were also present. 

APPROVAL OF AGENDA:  On motion of Councilmember Whitley, second by Mayor Pro-Tem Gray, the Council voted unanimously to approve the published amended agenda.

1. PUBLIC COMMENTS:  There were no Public Comments.

2. COUNCIL COMMENTS:  
A. Councilmember Mosby thanked Councilmembers Cockrell, Whitley and Hofmann for their public service on the Council.
B. Mayor Rhoads noted the University of Central Missouri Student Government Association recently bestowed its highest honor, the James C. Kirkpatrick Excellence in Governance Award, on Mr. Arbo.
      
3. APPROVAL OF CONSENT AGENDA:
COUNCIL ACTION:  On motion of Councilmember Whitley, second by Mayor Pro-Tem Gray, the Council voted unanimously to approve the Consent Agenda as follows: 
A. Approval of Action Letters from the March 6 and March 20, 2014 City Council Regular Sessions.
B. PUBLIC WORKS COMMITTEE
NOTE:  These items were considered by the Public Works Committee on March 18, 2014.
1) Approval of Modification No. 8 to the agreement with Crawford Murphy and Tilly for On-call Engineering Services for the Airport (RFQ 09-061) in the amount of $31,856.76, for a revised contract amount of $868,339.33.
2) Approval of Change Order No. 6 to the contract with Titan Built, LLC for the Police Department Addition and Renovation, Bid No. 2013-056, an increase of $26,193.00 for a revised contract price of $7,653,389.00.  
C. FINANCE  COMMITTEE
NOTE:  These items were considered by the Finance Committee on March 18, 2014.
1) Award of Bid #2014-085 for a one year contract with four (4) possible one year contract renewals for Propane Tank Leases and Fills for Fire, Airport and Animal Control to Ferrellgas.
2) Approval of a sole source service agreement with FDM Software LTD for FDM Software Support and Maintenance for a one year term, with annual renewal options, in an amount not to exceed $64,802.00, with increases not to exceed 2%.
D. POLICE DEPARTMENT: 
1) Approval of name change on liquor license from Bullfrog's Bar & Grill to Bleu Burger, 320 SW Blue Parkway.
2) Approval of change in managing officer for Price Chopper #14, 300 SW Blue Parkway.
3) Approval of change in managing officer for Master Wok, 3755 SW Raintree Drive.
4) Approval of change in managing officer for Red Lobster #6365, 670 NW Blue Parkway.
5) Approval of type C3 liquor license for Chartroose Caboose, 601 NW Murray Road.

4. 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. 14-35 AN ORDINANCE VACATING TWO EASEMENTS LOCATED WITHIN THE PLATS ENTITLED “CLEARVIEW ACRES, LOT 5A AND LOT 5B (7.5’ UTILITY EASEMENT) AND ABUNDANT LIFE BAPTIST CHURCH, LOT 1 (VARIABLE WIDTH UTILITY EASEMENT)” IN THE CITY OF LEE'S SUMMIT, MISSOURI
COUNCIL ACTION:  On motion of Councilmember Johnson, second by Mayor Pro-Tem Gray, the Council voted unanimously to approve and numbered ORDINANCE NO. 7439

B. BILL NO. 14-36 AN ORDINANCE AMENDING CHAPTER 28. TAXATION, ARTICLE II. BUSINESS LICENSE TAXES, OF THE CODE OF ORDINANCES OF THE CITY OF LEE’S SUMMIT, MISSOURI. (FC 3-18-14)
COUNCIL ACTION:  Motion was made by Councilmember Mosby, seconded by Mayor Pro-Tem Gray, for second reading.  Following extensive discussion, Councilmember Johnson offered an amendment to the ordinance, as follows:  

Section 28-22 – Scope, exemptions,
Amend Page 3, line 9, by adding after the end of the sentence ending with the word “article” the following:  In addition, persons, partnerships or entities engaged in the rental or leasing of residential dwelling units where the total number units being leased or rented are four (4) or less are hereby exempt from the fees imposed by this Article.

Motion was seconded by Mayor Pro-Tem Gray, and passed on a vote of 5 “aye”, 3 “no” (Councilmembers Whitley, Cockrell and Hofmann).  
On the original motion of Councilmember Mosby, second by Mayor Pro-Tem Gray, for second reading, the motion passed on a vote of 7 “aye”, 1 “no” (Councilmember Cockrell).  The bill was read for the second time.  On motion by Councilmember Mosby, second by Mayor Pro-Tem Gray, the Council voted 6 “aye”, 2 “no” (Councilmembers Hofmann and Cockrell) to approve and numbered ORDINANCE. NO. 7440.  
C. BILL NO. 14-37 AN ORDINANCE APPROVING AN INTERFUND LOAN FROM UNRESERVED CASH BALANCES OF THE VARIOUS CITY FUNDS TO THE AIRPORT FUND TO FUND LAND ACQUISITION.  (FC 3-18-14)
COUNCIL ACTION:  On motion of Councilmember Cockrell, second by Mayor Pro-Tem Gray, the Council voted 7 “aye”, 1 “no” (Councilmember Holland), to approve and numbered ORDINANCE NO. 7441. 

D. BILL NO. 14-38 AN ORDINANCE APPROVING AMENDMENT NO. 10 TO THE BUDGET FOR THE FISCAL YEAR ENDING JUNE 30, 2014, AS ADOPTED BY ORDINANCE NO. 7333, BY REVISING THE AUTHORIZED BUDGET EXPENDITURES OF THE CITY OF LEE’S SUMMIT, MISSOURI. (BC 3-10-14)
COUNCIL ACTION:  On motion of Councilmember Holland, second by Mayor Pro-Tem Gray, the Council voted 7 “aye”, 1 “no” (Councilmember Johnson), to approve and numbered ORDINANCE NO. 7442. 

E. BILL NO. 14-39 AN ORDINANCE APPROVING AMENDMENT NO. 11 TO THE BUDGET FOR THE FISCAL YEAR ENDING JUNE 30, 2014, AS ADOPTED BY ORDINANCE NO. 7333, BY REVISING THE AUTHORIZED BUDGET EXPENDITURES OF THE CITY OF LEE’S SUMMIT, MISSOURI.  (BC 3-10-14)
COUNCIL ACTION:  On motion of Councilmember Binney, second by Councilmember Cockrell, the Council voted unanimously to approve and numbered ORDINANCE NO. 7443. 

F. BILL NO. 14-44 AN ORDINANCE AUTHORIZING THE EXECUTION OF THE 2014 COMBAT DRUG COMMISSION DARE AGREEMENT BY AND BETWEEN THE CITY OF LEE’S SUMMIT, MISSOURI AND JACKSON COUNTY, MISSOURI.
COUNCIL ACTION:  On motion of Councilmember Hofmann, second by Mayor Pro-Tem Gray, the Council voted unanimously to approve and numbered ORDINANCE NO. 7444

5. RESOLUTIONS:

A. AMENDED RES. NO. 14-01 A RESOLUTION ADOPTING THE METHODOLOGY FOR CALCULATING THE LICENSE TAX ON BUILDING CONTRACTORS RELATIVE TO SECTION 28-179 OF THE CODE OF THE CITY OF LEE’S SUMMIT, MISSOURI AND CITY OF LEE’S SUMMIT ORDINANCE NO. 4592 AND AMENDING THE TRIP GENERATION TABLE ATTACHED HERETO.
COUNCIL ACTION:  On motion of Councilmember Cockrell, second by Councilmember Hofmann, the Council voted unanimously to approve RESOLUTION NO. 14-01. 

B. RES. NO. 14-02  A RESOLUTION APPROVING A COOPERATIVE AGREEMENT FOR THE FUNDING, CONSTRUCTION AND DEDICATION OF A MONUMENT SIGN BY AND BETWEEN THE LEE’S SUMMIT, MISSOURI MUNICIPAL BUILDING AUTHORITY, INC., THE CITY OF LEE'S SUMMIT, MISSOURI, AND THE INDUSTRIAL DEVELOPMENT AUTHORITY OF THE CITY OF LEE’S SUMMIT, MISSOURI.
COUNCIL ACTION:  On motion of Councilmember Cockrell, second by Mayor Pro-Tem Gray, the Council voted 7 “aye”, 1 “away from the table” (Councilmember Mosby), to approve RESOLUTION NO. 14-02. 

6. 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 major auto repairs and outdoor sales of motor vehicles/equipment – Pit Stop Auto Detailing, 1000 SE Blue Parkway; CRB Industries, LLC, applicant. (Appl. #14-004)
COUNCIL ACTION:  On motion of Councilmember Whitley, second by Mayor Pro-Tem Gray, the Council voted unanimously to direct staff to PRESENT AN ORDINANCE approving Application #2014-004, Special Use Permit for major auto repairs and outdoor sales of motor vehicles/equipment – Pit Stop Auto Detailing, 1000 SE Blue Parkway; CRB Industries, LLC, applicant, subject to staff’s letter dated March 26, 2014, Items 1 -6.    

B. PRELIMINARY DEVELOPMENT PLAN – Green Lantern Car Wash, 700 NW Blue Parkway; Blue Beacon International, applicant. (Appl. #14-005)
COUNCIL ACTION:  On motion of Councilmember Whitley, second by Councilmember Cockrell, the Council voted unanimously to direct staff to PRESENT AN ORDINANCE approving Application #2014-005, Preliminary Development Plan for Green Lantern Car Wash, 700 NW Blue Parkway; Blue Beacon International, applicant, subject to staff’s letter dated March 26, 2014, Items 1 – 3.

C. PRELIMINARY DEVELOPMENT PLAN – Residences at New Longview; Northpoint Development, LLC, applicant. (Appl. #14-006)
(NOTE:  This Public Hearing was continued from March 20, 2014 per the applicant’s request.)
 COUNCIL ACTION:  On motion of Councilmember Cockrell, second by Mayor Pro-Tem Gray, the Council voted unanimously (Councilmember Mosby “absent), to direct staff to PRESENT AN ORDINANCE approving Application #2014-006, Preliminary Development Plan for Residences at New Longview; Northpoint Development, LLC, applicant, subject to staff’s letter dated March 26, 2014, Items 1 – 7, noting Item #7 modifications; and, with the correction on Item #4 changing the number from 520 to 519.   
7. PUBLIC HEARINGS (Legislative):

A. Public Hearing for a plan for an Industrial Development Project for the Residences at New Longview, LLC.
COUNCIL ACTION:  On motion of Councilmember , second by Councilmember , the Council voted unanimously (Councilmember Mosby “absent), to direct staff to PRESENT AN ORDINANCE approving a plan for an Industrial Development Project for Residences at New Longview, LLC, a Missouri Limited Liability Company, consisting of the construction and improvement of a commercial facility for the company; authorizing the City of Lee’s Summit, Missouri to issue its Industrial Development Revenue Bonds (Residences at New Longview Project), Series 2014, in a principal amount not to exceed $35,000,000 to finance the costs of such project; authorizing and approving certain documents; and authorizing certain other actions in connecting with the issuance of the bonds. 

8. OTHER BUSINESS:

A. BILL NO. 14-40 AN ORDINANCE APPROVING A PLAN FOR AN INDUSTRIAL DEVELOPMENT PROJECT FOR RESIDENCES AT NEW LONGVIEW, LLC, A MISSOURI LIMITED LIABILITY COMPANY, CONSISTING OF THE CONSTRUCTION AND IMPROVEMENT OF A COMMERCIAL FACILITY FOR THE COMPANY; AUTHORIZING THE CITY OF LEE’S SUMMIT, MISSOURI TO ISSUE ITS INDUSTRIAL DEVELOPMENT REVENUE BONDS (RESIDENCES AT NEW LONGVIEW PROJECT), SERIES 2014, IN A PRINCIPAL AMOUNT NOT TO EXCEED $35,000,000 TO FINANCE THE COSTS OF SUCH PROJECT; AUTHORIZING AND APPROVING CERTAIN DOCUMENTS; AND AUTHORIZING CERTAIN OTHER ACTIONS IN CONNECTION WITH THE ISSUANCE OF THE BONDS.
COUNCIL ACTION:  On motion of Mayor Pro Tem Gray, second by Councilmember Whitley, the Council voted unanimously (Councilmember Mosby “absent), to approve and numbered ORDINANCE NO. 7448.

B. BILL NO. 14-41 AN ORDINANCE APPROVING A PRELIMINARY DEVELOPMENT PLAN ON LAND LOCATED AT THE SOUTHEAST CORNER OF KESSLER ROAD AND LONGVIEW ROAD, IN DISTRICT PMIX, PROPOSED RESIDENCES AT NEW LONGVIEW, 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 Whitley, second by Mayor Pro-Tem Gray, the Council voted unanimously (Councilmember Mosby “absent), to approve and numbered ORDINANCE NO. 7447.

C. BILL NO. 14-42 AN ORDINANCE GRANTING A SPECIAL USE PERMIT FOR MAJOR AUTOMOTIVE REPAIRS AND OUTDOOR SALES OF MOTOR VEHICLES/EQUIPMENT IN DISTRICT CP-2 ON LAND LOCATED AT 1000 SE 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.
COUNCIL ACTION:  On motion of Councilmember Holland, second by Mayor Pro-Tem Gray, the Council voted 7 “aye”, 1 “no” (Councilmember Mosby), to approve and numbered ORDINANCE NO. 7445.

D. BILL NO. 14-43 AN ORDINANCE APPROVING A PRELIMINARY DEVELOPMENT PLAN ON LAND LOCATED AT 700 NW BLUE PARKWAY, IN DISTRICT CP-2, PROPOSED GREEN LANTERN CAR WASH, 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 Cockrell, second by Councilmember , the Council voted unanimously (Councilmember Mosby “absent), to approve and numbered ORDINANCE NO. 7446.

E. Authorization for the City Manager to Enter Into a Labor Agreement with the Fraternal Order of Police – West Central Regional Lodge #50
COUNCIL ACTION:  On motion of Councilmember Cockrell, second by Councilmember , the Council voted unanimously (Councilmember Mosby “absent), to authorize the City Manager to Enter Into a Labor Agreement with the Fraternal Order of Police – West Central Regional Lodge #50.

9.   COMMITTEE REPORTS (Committee chairs report on matters held in Committee):
 There were no committee reports

10.   COUNCIL ROUNDTABLE:
 Mayor Pro-Tem Gray asked the Council for consensus to direct the CEDC to discuss a policy for development at the city’s gateway, perhaps a joint meeting with the Planning Commission.  Councilmember Cockrell clarified this would not a policy discussion but a change to the UDO.  There were no members in disagreement.
 Councilmember Cockrell felt the scope of the CEDC was too broad and this committee should perhaps be split into other committees.
 Mayor Rhoads noted an e-mail he received an announcement regarding the retirement of Chuck Owsley, Director of Public Works, on June 1, 2014.  
  
 11.   STAFF ROUNDTABLE:  There was no Staff Roundtable.

ADJOURNMENT:  There being no further business, Mayor Rhoads ADJOURNED the April 3, 2014, Regular City Council meeting at 9:55 p.m. 


Denise Chisum
City Clerk 



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