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CITY COUNCIL ACTION LETTER Thursday, December 20, 2012
REGULAR SESSION NO. 15
6:15 P.M. Mayor Rhoads called Regular Session No.15 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, City Attorney Teresa Williams and City Clerk Denise Chisum were also present.
APPROVAL OF AGENDA: Mayor Rhoads amended the agenda by continuing item 6.B to January 24, 2013 and continuing item 7.D. to January 10, 2013. On motion of Councilmember Whitley, second by Councilmember Mosby, the Council voted unanimously to approve the amended agenda.
1. PUBLIC COMMENTS: Mr. Emmet Dropsted, Ms. Sharice Sherman and Mr. Eric Kratz stated their support of the General Obligation Bond (G.O. Bond) issue recommendation for the paved shoulders being added along Pryor Road from Longview to Hook. They hope to see this item move forward.
Mr. Art Davis, Ms. Kathy Smith, Ms. Kelly Spencer, Dr. Kabat, Ms. Christine Bushyhead and Mr. D. John Edwards of the Lee’s Summit Historical Society and Arts Council voiced their support of the relocation of the Lee’s Summit Historical Society to the Old City Hall building as well as the other proposals for Cultural Arts that are being considered under the G.O. Bond Issue discussion.
Ms. Sharla Smith would like to see sidewalks included on Pryor Road with the paved shoulder recommendation.
2. COUNCIL COMMENTS:
Mayor Pro-Tem Gray thanked fellow the Mayor, fellow Councilmembers and staff for their contributions and efforts during the recent Council Retreat and in keeping Council on task during these meetings.
Councilmember Johnson asked the Law Department to provide a legal opinion on what conversations the Councilmembers may have that could be subject to the open meetings law. Council reached a consensus to ask Law to do so.
3. APPROVAL OF CONSENT AGENDA: COUNCIL ACTION: On motion of Councilmember Whitley, second by Councilmember Mosby, the Council voted unanimously to approve the Consent Agenda as follows:
A. Approval of City Council Action Letters from November 15 and December 6, 2012.
B. MAYOR’S APPOINTMENTS: Land Clearance Redevelopment Authority: Appoint Mr. Mark White to replace Bruce Hattig, who resigned, term to expire 9-1-14
4. ORDINANCES:
A. BILL NO. 12-140 AN ORDINANCE GRANTING A ZONING CLASSIFICATION TO PMIX, LAND LOCATED SOUTH OF COLBERN ROAD AND EAST OF M-350 HIGHWAY, 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 Mayor Pro Tem Gray, the Council voted unanimously to approve and numbered ORDINANCE NO. 7270.
B. BILL NO. 12-141 AN ORDINANCE APPROVING A PRELIMINARY DEVELOPMENT PLAN ON LAND LOCATED NORTH AND EAST OF LONGVIEW ROAD, IN DISTRICT PMIX, PROPOSED HEARTHVIEW AT NEW LONGVIEW APARTMENTS, 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 Mayor Pro Tem Gray, second by Councilmember Binney, the Council voted unanimously to approve and numbered ORDINANCE NO. 7271.
C. BILL NO. 12-142 AN ORDINANCE SUPPORTING AN APPLICATION FOR AN ENHANCED ENTERPRISE ZONE AND ESTABLISHING THE 7-MEMBER ENHANCED ENTERPRISE ZONE ADVISORY BOARD. 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. 7272.
5. PRESENTATIONS:
A. City Council’s Ad-Hoc Committee to Consider Capital Improvement Projects for a 2013 General Obligation Bond Issue. COUNCIL ACTION: On motion of Councilmember Cockrell, second by Councilmember Hofmann, the Council voted 4 “Aye”, 4 “No” (Councilmembers Gray, Holland, Mosby and Johnson) to have staff draft an ordinance with the appropriate bond language to include the Orchard Street sidewalk improvements. Mayor Rhoads voted “No”. MOTION FAILED.
On motion of Councilmember Holland, second by Councilmember Mosby, the Council voted unanimously to direct staff to DRAFT AN ORDINANCE to place the following projects on the April 2013 ballot for consideration by the voters for funding with general obligation bonds as one question: Cultural Facilities - $2,898,000 • Improvements to Legacy Park Amphitheater - $1.68 million • Creation of a new outdoor performance and festival space behind the Old Post Office/City Hall building - $600,000 • Renovation of the Old Post Office/City Hall building for a community arts center $660,000
On motion of Mayor Pro Tem Gray, second by Councilmember Hofmann, the Council voted 5 “Aye”, 3 “No” (Councilmembers Mosby, Holland and Johnson) to reconsider the vote on the motion to place Orchard Road on the ballot by which the vote failed. On motion of Councilmember Cockrell, second by Councilmember Hofmann, the Council voted 5 “Aye”, 3 “No” (Councilmembers Holland, Mosby and Johnson) to have staff draft an ordinance with the appropriate bond language to include the Orchard Street sidewalk improvements.
On motion of Councilmember Whitley, second by Councilmember Binney, the Council voted 7 “Aye”, 1 “No” (Councilmember Holland) to direct staff to DRAFT AN ORDINANCE to place the following project on the April 2013 ballot for consideration by the voters for funding with general obligation bonds: Road Projects - $1.6 Million • Paved Shoulders added along Pryor Road from Longview to Hook - $1.6 million
6. PUBLIC HEARINGS:
A. SPECIAL USE PERMIT for pet cremation services, 993 NE Delta School Rd.; Ryan Waite, applicant. (Appl. #12-136) (Note: This application has been WITHDRAWN per the applicant’s request.) COUNCIL ACTION: No Council Action required as the application was withdrawn by the applicant.
B. PRELIMINARY DEVELOPMENT PLAN – – Todd George Retail Center, 1600 SE Blue Parkway; West Star Co., applicant. (Appl. #12-102) (NOTE: This item was continued from November 1, 2012 per the applicant’s request. This item is to be CONTINUED to January 10, 2013 per the applicant’s request.) COUNCIL ACTION: The Council voted to CONTINUE this Public Hearing to a date certain of January 24, 2013.
C. REZONING from R-1 to AG – West of 4098 SW Pryor Road; Kevin Emmendorfer, applicant. (Appl. #12-127) COUNCIL ACTION: On motion of Councilmember Johnson, second by Councilmember Mosby, the Council voted unanimously to direct staff to PRESENT AN ORDINANCE approving Application #PL2012-12, Rezoning from R-1 to AG - West of 4098 SW Pryor Road; Kevin Emmendorfer, applicant, subject to staff’s letter dated December 12, 2012.
D. Amendment #44 to the UNIFIED DEVELOPMENT ORDINANCE (UDO) - Articles 13 and 15, amending regulations regarding digital billboards; City of Lee’s Summit, applicant. (Appl. #12-133) (Note: This application was continued from the November 15 and December 6, 2012 City Council meetings per the applicant’s request.) COUNCIL ACTION: On motion of Councilmember Binney, second by Mayor Pro Tem Gray, the Council voted unanimously to direct staff to PRESENT AN ORDINANCE approving Appl. PL#2012-133 - Amendment No. 44 to the Unified Development Ordinance (UDO) - Article 15, amending regulations regarding conversion of nonconforming billboards to digital billboards; City of Lee's Summit, applicant.
E. Public Hearing on the Petition for the Creation of the Ritter Plaza Community Improvement District. COUNCIL ACTION: On motion of Councilmember , second by Councilmember , the Council voted unanimously to direct staff to PRESENT AN ORDINANCE approving the Petition for Establishment of the Ritter Plaza Community Improvement District subject to staff’s letter dated December 13, 2012.
7. OTHER BUSINESS:
A. BILL NO. 12-143 AN ORDINANCE GRANTING A CHANGE IN ZONING CLASSIFICATION FROM R-1 TO AG, LAND LOCATED WEST OF 4098 SW PRYOR ROAD; 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 to approve and numbered ORDINANCE NO. 7273.
B. BILL NO. 12-144 AN ORDINANCE AMENDING ARTICLE 15, AMENDING REGULATIONS REGARDING CONVERSION OF NONCONFORMING BILLBOARDS TO DIGITAL BILLBOARDS, OF THE UNIFIED DEVELOPMENT ORDINANCE NO. 5209, AS INCORPORATED INTO THE CODE OF ORDINANCES OF THE CITY OF LEE’S SUMMIT, MISSOURI THROUGH SECTION 33-1 OF THE CODE, BY AMENDING CURRENT REGULATIONS FOR DIGITAL BILLBOARDS. COUNCIL ACTION: On motion of Councilmember Cockrell, second by Mayor Pro Tem Gray, the Council voted unanimously to approve and numbered ORDINANCE NO. 7274.
C. BILL NO. 12-145 AN ORDINANCE APPROVING THE PETITION FOR AND ESTABLISHING THE RITTER PLAZA COMMUNITY IMPROVEMENT DISTRICT. COUNCIL ACTION: On motion of Councilmember Mosby, second by Mayor Pro Tem Gray, the Council voted 6 “Aye”, 1 “No” (Councilmember Johnson), 1 “Away from Table” (Councilmember Holland) to approve and numbered ORDINANCE NO. 7275.
D. BILL NO. 12-146 AN ORDINANCE DETERMINING THAT PROJECT 1 OF THE I-470 AND 350 HIGHWAY REDEVELOPMENT PLAN HAS BEEN COMPLETED IN ACCORDANCE WITH SUCH PLAN AND ALL THE DUTIES OF THE DEVELOPER UNDER THE FIRST AMENDED AND RESTATED TAX INCREMENT FINANCING CONTRACT FOR THE I-470 AND 350 HIGHWAY REDEVELOPMENT PLAN WITH RESPECT TO PROJECT 1 HAVE BEEN PERFORMED; AND APPROVING THE EXECUTION OF A CERTIFICATE OF COMPLETION AND COMPLIANCE PURSUANT TO SECTION 17 OF THE FIRST AMENDED AND RESTATED TAX INCREMENT FINANCING CONTRACT FOR THE I-470 AND 350 HIGHWAY REDEVELOPMENT PLAN. COUNCIL ACTION: This item was moved to the January 10, 2013 Regular Session per staff’s request.
E. BILL NO. 12-147 AN ORDINANCE APPROVING THE PRE-DEVELOPMENT AGREEMENT FOR THE SPORTS AND ENTERTAINMENT COMPLEX AT VIEW HIGH DRIVE AND I-470 COUNCIL ACTION: On motion of Councilmember Johnson, second by Mayor Pro Tem Gray, the Council voted unanimously to approve and numbered ORDINANCE NO. 7276.
8. COMMITTEE REPORTS:
• Councilmember Whitley stated the Finance Committee (FC) met Tuesday and there will be several items moving forward to Council early next year and noted the Water and Sewer rates increase 6%, the Cash balance has improved $4M from last year, sales tax to date is down 1.4% and refunding bonds will save the city $2.5M in 10 years.
• Councilmember Mosby noted the Council had discussed a new Vision Statement at the recent Council Retreat. The Community and Economic Development Committee (CEDC) reached a consensus to have the CEDC establish a vision statement also and this will brought to Council at a later date. • Councilmember Johnson stated the Environment and Natural Resource Committee (ENR) met on the first Monday in December to discuss sustainability. They were supposed to meet again to discuss this subject further on January 7, 2013. However, this item will be continued to February 4, 2013 as there is a conflict on time for the Council Chambers with another committee in January.
• Mayor Pro Tem Gray commended Councilmember Holland for his leadership on the Capital Improvements Project (CIP) Committee. He stated the committee did a great job in the vetting process. Mayor Pro Tem Gray also noted Councilmember Binney will be appointed to the Rules Committee at the next Council meeting.
9. COUNCIL ROUNDTABLE:
• Councilmember Hofmann acknowledged the City of Lee’s Summit was mentioned in Ingrams in December by recognizing the Citizen of the year, Susan Coffman for her work with Lee’s Summit Cares. Lee’s Summit was also recognized in Governing in an article titled “What is the Value of Brand”, which discusses Lee’s Summit’s new branding efforts with “Yours Truly”.
• Councilmember Binney voiced his appreciation to the Mayor and Councilmembers for their participation and openness in the recent Council Retreat and would like to see some procedural review for the Council in the future. Mayor Pro Tem Gray agreed.
• Mayor Pro Tem Gray thanked Council for all of its hard work this year and the citizens for their support. He also wished his wife a Merry Christmas.
• Mayor Rhoads wanted to verify that staff will draft ordinances for the Capital Improvements Projects Bond Issues with correct ballot language for all the proposed items Council approved tonight. Mr. Arbo confirmed this will be done for the January 10, 2013 meeting as directed by Council
• Councilmember Whitley thanked the Mayor and Council for their hard work this year.
10. STAFF ROUNDTABLE: There was no Staff Roundtable.
ADJOURNMENT: There being no further business, Mayor Rhoads ADJOURNED the December 20, 2012, Regular City Council meeting at 9:44 p.m. Trisha Fowler Deputy City Clerk

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Numerous Bills Sponsored by Sen. Will Kraus Move Forward In the Legislative Process
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