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CITY COUNCIL ACTION LETTER Thursday, August 2, 2012
REGULAR SESSION NO. 6
6:15 P.M. Mayor Rhoads called Regular Session No.6 to order.
Invocation – Mayor Rhoads
Roll Call – Councilmember Rob Binney Present Councilmember Kathy Hofmann Present Councilmember Dave Mosby Absent Councilmember Allan Gray Present Councilmember Derek Holland Absent Councilmember Ed Cockrell Present Councilmember Brian Whitley Present Councilmember Bob Johnson Present
City Manager Steve Arbo and Deputy City Attorney John Mautino were also present.
APPROVAL OF AGENDA: On motion of Councilmember Whitley, second by Councilmember Gray, the Council voted unanimously (Councilmembers Holland and Mosby “Absent”) to approve the published agenda as amended by Mayor Rhoads, noting the correct spelling Mr. Lenny Cacchio’s name for appointments to the TIF Commission under Item 3.A of the Consent Agenda.
1. PUBLIC COMMENTS: Mr. John Ivey stated his concern regarding studies the city has had done for various reasons that he does not feel have been used in many years. He also reiterated his feelings that Todd George Road was not built to standard.
2. COUNCIL COMMENTS: Councilmember Binney asked residents of District 1 to complete interest forms for appointments for the boards and commissions for the City. He also stated there are some local Olympians competing in the 2012 Olympics in London this week.
Mayor Rhoads encouraged all residents to complete interest forms for the City.
3. APPROVAL OF CONSENT AGENDA: COUNCIL ACTION: On motion of Councilmember Gray, second by Councilmember Whitley, the Council voted unanimously (Councilmembers Holland and Mosby “Absent”) to approve the Consent Agenda as follows:
A. MAYOR’S APPOINTMENTS:
Public Safety Advisory Board: Appoint Laura DeCourcy and reappoint Jack Volz and Fred Pickard terms to expire 5-1-15.
TIF Commission: Appoint Dennis Bonner and Julie Ellis, terms to expire 12-15-14; appoint Michael VanBuskirk and Lenny Cacchio, terms to expire 12-15-15; appoint Loren Ross and Mike Atcheson, terms to expire 12-15-16.
B. PUBLIC WORKS COMMITTEE: NOTE: The following items were considered by the Public Works Committee on July 17, 2012. 1) Award of Bid No. 2012-076 Sidewalk Offset Removal as a Yearly Contract in the amount of $153,600.00 to Precision Concrete Cutting Midwest, with two (2) additional one year renewals. 2) Award of Bid No. 2012-123 for Concrete as needed on a Yearly Contract, for various City departments to Show Me Ready Mix LLC., with two possible one-year contract renewals. 3) Award of RFP #2012-111 for a one-year contract with four possible one-year contract renewals for Aviation Fuel Services for Aviation Division of Public Works to AVFUEL Corporation for an amount not to exceed $683,400.00.
C. FINANCE COMMITTEE: NOTE: The following items were considered by the Finance Committee on July 17, 2012. 1) Award of Sole Source PSA 2012-125 for a One Year Contract with Two Possible One-Year Contract Renewals for the annual maintenance of the LifePak Defibrillator units and associated equipment used by City departments, managed through the Fire Department to Physio Control Inc. 2) Award of RFP 2012-098 for Time and Attendance Solution to NOVAtime Technology, Inc. in the not to exceed amount of $183,282.84.
D. POLICE DEPARTMENT: 1) Approval of change of location for CVS # 5719 holding a Type H & S Liquor License, to 621 SW 3rd Street. 2) Approval of Type G3 & K temp liquor license for Sakura Dragon at 860 NW Blue Parkway.
4. ORDINANCES:
A. BILL NO. 12-82 AN ORDINANCE APPROVING THE EXECUTION OF A MEMORANDUM OF UNDERSTANDING BETWEEN JACKSON COUNTY STORMWATER COMMISSION AND THE CITY OF LEE’S SUMMIT, MISSOURI. (PWC 7-17-12) COUNCIL ACTION: On motion of Councilmember Johnson, second by Councilmember Gray, the Council voted unanimously (Councilmembers Holland and Mosby “Absent”) to approve and numbered ORDINANCE NO. 7211.
B. BILL NO. 12-83 AN ORDINANCE AMENDING SECTION 17-57. HARASSMENT, OF CHAPTER 17. OFFENSES, OF THE CODE OF ORDINANCES OF THE CITY OF LEE’S SUMMIT, MISSOURI. COUNCIL ACTION: On motion of Councilmember Whitley, second by Councilmember Gray, the Council voted unanimously (Councilmembers Holland and Mosby “Absent”) to approve and numbered ORDINANCE NO. 7212.
C. BILL NO. 12-84 AN ORDINANCE REPEALING SECTION 4 OF ORDINANCE NO. 7072 OF THE CITY OF LEE’S SUMMIT, MISSOURI. COUNCIL ACTION: On motion of Councilmember Hofmann, second by Councilmember Gray, the Council voted unanimously (Councilmembers Holland and Mosby “Absent”) to approve and numbered ORDINANCE NO. 7213.
5. PUBLIC HEARINGS:
A. PRELIMINARY DEVELOPMENT PLAN – Reisner Lawn Care, 602 NW Dunlap Drive; Eric Reisner, applicant. (Appl. #PL2012-054) (NOTE: This item was continued from the July 19, 2012 due to applicant absence.) COUNCIL ACTION: On motion of Councilmember Hofmann, second by Councilmember Johnson, the Council voted unanimously (Councilmembers Holland and Mosby “Absent”) to direct staff to PRESENT AN ORDINANCE approving Appl. #PL2012-054 – Preliminary Development Plan - Reisner Lawn Care, 602 Dunlap Drive; Eric Reisner, applicant, subject to staff's letter dated July 25, 2012, recommendation Items 1-4.
B. SPECIAL USE PERMIT renewal for a Telecommunication Tower, 1351 NW Ward Road; Kansas City Power & Light of Greater Missouri Operations, applicant. (Appl. #PL2012-061) COUNCIL ACTION: On motion of Councilmember Gray, second by Councilmember Whitley, the Council voted unanimously (Councilmembers Holland and Mosby “Absent”) to direct staff to PRESENT AN ORDINANCE approving Appl. #PL2012-061 - Special Use Permit renewal for a telecommunication tower, 1351 NW Ward Road; Kansas City Power & Light of Greater Missouri Operations, applicant subject to staff's letter dated July 25, 2012, Items 1 and 2.
C. PRELIMINARY DEVELOPMENT PLAN and SPECIAL USE PERMIT – Police Station Telecommunication Tower, 10 NE Tudor Road; City of Lee’s Summit Police Department, applicant. (Appl. #PL2012-067 & #PL2012-068) COUNCIL ACTION: On motion of Councilmember Whitley, second by Councilmember Cockrell, the Council voted unanimously (Councilmembers Holland and Mosby “Absent”) to direct staff to PRESENT ORDINANCES approving Appl. #PL2012-067 – Preliminary Development Plan and Appl. #PL2012-068 – Special Use Permit – Police Station Telecommunication Tower, 10 NE Tudor Road; City of Lee's Summit, applicant subject to staff's letter dated July 25, 2012, Items 1-3.
D. REZONING from AG to R-1 – Winterset Valley, 7th Plat and 8th Plat; Winterset 6, LLC, applicant. (Appl. #PL2012-079) COUNCIL ACTION: On motion of Councilmember Holland, second by Councilmember Gray, the Council voted unanimously (Councilmembers Holland and Mosby “Absent”) to direct staff to PRESENT AN ORDINANCE approving Appl. #PL2012-079 - Rezoning from AG to R-1 - Winterset Valley, 7th Plat and 8th Plat; Winterset 6, LLC, applicant.
E. Land Clearance for Redevelopment Authority (LCRA) – Urban Renewal Area boundary extension for Project No. Mo. R-47, Lee’s Summit Land Clearance for Redevelopment Authority, applicant. (Appl. #2012-01) (NOTE: This item was continued from the June 21, 2012, City Council meeting.) COUNCIL ACTION: On motion of Councilmember Cockrell, second by Councilmember Binney, the Council voted unanimously (Councilmembers Holland and Mosby “Absent”) to direct staff to draft an ordinance approving a Land Clearance for Redevelopment Authority Urban Renewal Area expansion to Urban Renewal Area Project No. Mo. R-47, Lee's Summit, Missouri.
6. OTHER BUSINESS:
A. BILL NO. 12-78 AN ORDINANCE APPROVING A PRELIMINARY DEVELOPMENT PLAN ON LAND LOCATED AT 602 DUNLAP DRIVE, IN DISTRICT PI, PROPOSED REISNER LAWN CARE, ALL IN ACCORDANCE WITH THE PROVISIONS OF UNIFIED DEVELOPMENT ORDINANCE, NO. 5209, FOR THE CITY OF LEE'S SUMMIT, MISSOURI. (Appl. #12-054) COUNCIL ACTION: On motion of Councilmember Cockrell, second by Councilmember Gray, the Council voted unanimously (Councilmembers Holland and Mosby “Absent”) to approve and numbered ORDINANCE NO. 7214.
B. BILL NO. 12-85 AN ORDINANCE GRANTING A SPECIAL USE PERMIT RENEWAL FOR TELECOMMUNICATION TOWER IN DISTRICT PI ON LAND LOCATED AT 1351 NW WARD ROAD FOR A PERIOD OF TEN 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 Gray, second by Councilmember Binney, the Council voted unanimously (Councilmembers Holland and Mosby “Absent”) to approve and numbered ORDINANCE NO. 7215.
C. BILL NO. 12-86 AN ORDINANCE APPROVING A PRELIMINARY DEVELOPMENT PLAN ON LAND LOCATED AT 10 NE TUDOR ROAD IN DISTRICT PO, PROPOSED TELECOMMUNICATIONS TOWER, 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 Binney, second by Councilmember Gray, the Council voted unanimously (Councilmembers Holland and Mosby “Absent”) to approve and numbered ORDINANCE NO. 7216.
D. BILL NO. 12-87 AN ORDINANCE GRANTING A SPECIAL USE PERMIT FOR TELECOMMUNICATIONS TOWER AT THE POLICE STATION IN DISTRICT PO ON LAND LOCATED AT 10 NE TUDOR ROAD FOR A PERIOD OF FIFTEEN (15) 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 Johnson, second by Councilmember Gray, the Council voted unanimously (Councilmembers Holland and Mosby “Absent”) to approve and numbered ORDINANCE NO. 7217.
E. BILL NO. 12-88 AN ORDINANCE GRANTING A CHANGE IN ZONING CLASSIFICATION FROM AG TO R-1, ON LAND LOCATED WEST OF WINTERSET VALLEY, 4TH PLAT AND NORTH OF WINTERSET VALLEY, 6TH PLAT, (PROPOSED WINTERSET VALLEY, 7TH AND 8TH PLAT) 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 Hofmann, second by Councilmember Gray, the Council voted unanimously (Councilmembers Holland and Mosby “Absent”) to approve and numbered ORDINANCE NO. 7218.
7. COMMITTEE REPORTS: There were no Committee Reports.
8. ROUNDTABLE:
• Councilmember Whitley recognized achievements of Downtown Lee’s Summit Main Street and local residents that were recognized at the Missouri Main Street Conference.
He also advised noted the United Methodist Church was in the process of doing “home makeover” home renovations for a family in Raintree.
• Councilmember Whitley also asked for an update on the current water restrictions within the City.
• Mr. Wes Owen, Assistant Director of Operations for the Water Utilities Department, stated the water demand has stabilized, but the demand is still higher than usual. The address based water restriction will stay in place until there is a break in the drought.
• Councilmember Cockrell asked for Council consensus to have the City Attorney examine the word “resident” or “residency” within the City Charter to determine the legal definition or spirit and intent. After discussion by the Council, the Council did reach a consensus to have the City Attorney research this and present it to Council as a public document.
ADJOURNMENT: There being no further business, Mayor Rhoads ADJOURNED the July 2, 2012, Regular City Council meeting at 9:02 p.m. Trisha Whitehead Deputy City Clerk

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The Community Blood Center is hosting a blood drive November 24, 2010
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