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CITY COUNCIL ACTION LETTER Thursday, February 16, 2012
REGULAR SESSION NO. 41
6:15 P.M. Mayor Rhoads called Regular Session No.41 to order.
Invocation – Mayor Rhoads
Roll Call – Councilmember Jim Hallam Present Councilmember Kathy Hofmann Present Councilmember Dave Mosby Present Councilmember Allan Gray Present Councilmember Joseph Spallo Present Councilmember Ed Cockrell Present Councilmember Brian Whitley Present Councilmember Bob Johnson Present
City Manager Steve Arbo, Deputy City Attorney John Mautino were also present.
APPROVAL OF AGENDA: On motion of Councilmember Hallam, second by Councilmember Mosby, the Council voted unanimously to approve the published amended agenda.
1. PUBLIC COMMENTS: There were no public comments.
2. COUNCIL COMMENTS: There were no Council Comments. 3. APPROVAL OF CONSENT AGENDA: COUNCIL ACTION: On motion of Councilmember Whitley, second by Councilmember Hallam, the Council voted unanimously to approve the Consent Agenda as follows:
A. Mayor’s Appointments University of MO Outreach Extension: Reappoint Jan Troester for a two-year term.
B. PUBLIC WORKS COMMITTEE: NOTE: The following items were considered by the Public Works Committee on February 1, 2012. 1) Approval of Modification No. 1 to an agreement with TranSystems Corporation for Lee's Summit Road Improvements from Colbern Road to Gregory Boulevard (RFQ No. 11004-D) for an increase in fee of $978,044.00 for a new contract amount of $1,400,961.00. 2) Approval of Change Order No. 9-Final to the contract with APAC-Kansas, Inc. Kansas City Division for Todd George Parkway (Bid No. 18103-C); an increase of $26,233.30for a revised contract amount of $4,636,758.92. 3) Approval of Modification No. 1 to Agreement for professional architecture services for design services of a police training center, indoor firing range, and police detention expansion dated July 21, 2011 (RFQ No. 881020 and 86102-2-D) with Treanor Architects, P.A. for an additional fee in the amount of $753,273.87 (Seven Hundred Fifty Three Thousand Two Hundred Seventy Three and 87/100 Dollars) for a total contract fee of $906,813.87 (Nine Hundred Six Thousand Eight Hundred Thirteen and 87/100 Dollars).
C. POLICE DEPARTMENT: 1) Approval of Type K Permanent Liquor License for Chipotle Mexican Grill, 900 NE Columbus Street. 2) Approval of Type C3 Liquor license for Pork n Pit BBQ, 1803 B NE Colbern Road.
4. ORDINANCES:
A. BILL NO. 12-09 AN ORDINANCE GRANTING A SPECIAL USE PERMIT RENEWAL FOR OUTDOOR RECREATIONAL LIGHTING IN DISTRICT R-1 ON LAND LOCATED AT 1440 SW JEFFERSON STREET FOR A PERIOD OF TEN (10) YEARS FROM THE PREVIOUS EXPIRATION DATE, ALL IN ACCORDANCE WITH ARTICLE 10 WITHIN THE UNIFIED DEVELOPMENT ORDINANCE, FOR THE CITY OF LEE'S SUMMIT, MISSOURI. (Appl. #11-151 COUNCIL ACTION: On motion of Councilmember Whitley, second by Councilmember Hofmann, the Council voted unanimously to approve and numbered ORDINANCE NO. 7141.
B. BILL NO. 12-10 AN ORDINANCE AUTHORIZING THE EXECUTION OF A LICENSE AGREEMENT BETWEEN OAK TREE FARM HOMEOWNERS ASSOCIATION AND THE CITY OF LEE’S SUMMIT, MISSOURI FOR THE INSTALLATION AND MAINTENANCE OF A PRIVATE STORM DRAINAGE SYSTEM OWNED BY OAK TREE FARMS HOMEOWNERS ASSOCIATION WITHIN CITY OWNED RIGHT-OF-WAY. (PWC 2/1/12) COUNCIL ACTION: On motion of Councilmember Spallo, second by Councilmember Whitley, the Council voted unanimously to approve and numbered ORDINANCE NO. 7142.
C. BILL NO. 12-11 AN ORDINANCE AUTHORIZING EXECUTION OF A COOPERATIVE AGREEMENT FOR STORM SIREN INSTALLATION AND MAINTENANCE BY AND BETWEEN THE CITY OF LEE’S SUMMIT, MISSOURI AND JACKSON COUNTY, MISSOURI. (FC 2/7/12) COUNCIL ACTION: On motion of Councilmember Johnson, second by Councilmember Gray, the Council voted unanimously to approve and numbered ORDINANCE NO. 7143.
D. BILL NO. 12-12 AN ORDINANCE AMENDING SECTIONS 32-10. RESERVED, AND 32-107. WATER TAP FEES, OF CHAPTER 32. WATER AND SEWERS, OF THE CODE OF ORDINANCES OF THE CITY OF LEE’S SUMMIT, MISSOURI IN ORDER TO ESTABLISH A WATER UTILITIES ADVISORY BOARD. (FC 2/7/12) COUNCIL ACTION: On motion of Councilmember Gray, second by Councilmember Cockrell, the Council voted unanimously to approve and numbered ORDINANCE NO. 7144
5. PUBLIC HEARINGS:
A. REZONING from Pl to PMIX and PRELIMINARY DEVELOPMENT PLAN – Summit Place – 1301 NW Ward Road; Olsson Associates, Inc., applicant. (Appl#11-119) (NOTE: This application was continued from December 1st and December 15th meetings at the applicant’s request. The applicant is requesting a continuance to a date certain of May 17, 2012.) COUNCIL ACTION: On motion of Councilmember Cockrell, second by Councilmember Gray, the Council voted unanimously to CONTINUE this item to a date certain of May 17, 2012.
6. OTHER BUSINESS:
A. 1) BILL NO. 12-13 AN ORDINANCE ESTABLISHING TWO CITY COUNCIL COMMITTEES, THE FINANCE COMMITTEE AND THE BUDGET COMMITTEE, IN PLACE OF THE CURRENT FINANCE AND PERSONNEL COMMITTEE. COUNCIL ACTION: On motion of Councilmember Mosby, second by Councilmember Cockrell, the Council voted unanimously to approve and numbered ORDINANCE NO. 7145.
Councilmember Gray recognized two Boy Scouts that were in attendance.
B. PRESENTATION: Summit Fair Reallocation Request. 1) Presentation regarding request by RED Development to amend the Summit Fair TIF and CID Agreements regarding the assignment of certain project costs. COUNCIL ACTION: Presentation only. No Council Action required.
2) BILL NO. 12-14 AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE THE SUMMIT FAIR COMMUNITY IMPROVEMENT DISTRICT PETITION TO ADD PROPERTY TO THE SUMMIT FAIR COMMUNITY IMPROVEMENT DISTRICT AND AUTHORIZE A SALES TAX AND SPECIAL ASSESSMENTS ON SUCH ADDED PROPERTY AND THE SPECIAL ASSESSMENT PETITION TO THE SUMMIT FAIR COMMUNITY IMPROVEMENT DISTRICT. COUNCIL ACTION: On motion of Councilmember Hallam, second by Councilmember Cockrell, the Council voted 5 “Aye”, 3 “No” (Councilmembers Johnson, Spallo and Whitley) to approve and numbered ORDINANCE NO. 7146.
3) BILL NO. 12-15 AN ORDINANCE APPROVING THE FIRST AMENDMENT TO COOPERATIVE AGREEMENT AMONG RED LEE'S SUMMIT EAST, LLC, THE CITY OF LEE'S SUMMIT, MISSOURI AND THE SUMMIT FAIR COMMUNITY IMPROVEMENT DISTRICT. COUNCIL ACTION: On motion of Councilmember Hofmann, second by Councilmember Gray, the Council voted 5 “Aye”, 3 “No” (Councilmembers Johnson, Spallo and Whitley) to approve and numbered ORDINANCE NO. 7147.
4) BILL NO. 12-16 AN ORDINANCE APPROVING THE FOURTH AMENDMENT TO AMENDED AND RESTATED TAX INCREMENT FINANCING CONTRACT BETWEEN RED LEE'S SUMMIT EAST, LLC AND THE CITY OF LEE'S SUMMIT, MISSOURI COUNCIL ACTION: On motion of Councilmember Cockrell, second by Councilmember Gray, the Council voted 5 “Aye”, 3 “No” (Councilmembers Johnson, Spallo and Whitley) to approve and numbered ORDINANCE NO. 7148.
7. COMMITTEE REPORTS: Councilmember Gray advised the CDC (Community Development Committee) heard testimony on the Mobile Food Vendors on February 15, 2012. It was discussed in length and several items of concern were vetted out. This will move forward to the Planning Commission and then to the City Council through the Public Hearing process.
8. ROUNDTABLE: • Councilmember Hofmann stated Lee’s Summit CARES will be holding the “Lee’s Summit’s Got Talent” fundraiser again this year and it has proved to be a great fundraising event. She also noted there is a petition being circulated statewide to allow the sale of marijuana and advised everyone to make sure they were aware of what they were signing • Councilmember Whitley stated a resident has requested the Council to reconsider the speed limit increase at Pryor Road and 470. • Councilmember Mosby requested Council and staff consider creating a TIF policy to be put in place for the City. • Councilmember Hallam noted there will be a charity event sponsored by Coldwater held at the Hilton Inn on February 25, 2012 at 6:30pm. The event helps underprivileged children. • Councilmember Cockrell would a like staff to review and advise the Council regarding the pro and cons of splitting sales tax revenue with the school district. • Councilmember Hofmann stated she attended the Missouri Municipal League conference and wanted Council to be aware of the Fair Tax Agenda and its effects overall. ADJOURNMENT: There being no further business, Mayor Rhoads ADJOURNED the February 16, 2012, City Council meeting at 7:15 p.m. Trisha Whitehead, Deputy City Clerk

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Senator Rick Santorum will hold a rally in Lee’s Summit on Friday, Feb. 3, 2012
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