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CITY COUNCIL ACTION LETTER Thursday, February 28, 2013
REGULAR SESSION NO. 19
6:15 P.M. Mayor Rhoads called Regular Session No.19 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, Deputy City Attorney John Mautino and City Clerk Denise Chisum were also present.
APPROVAL OF AGENDA: On motion of Councilmember Hofmann, 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 Mayor Pro Tem Gray, the Council voted unanimously to approve the Consent Agenda as follows:
A. MAYOR’S APPOINTMENTS:
Arts Council: Appoint Mike Dunton to replace Liz Nord, term to expire 7-22-15.
Historic Preservation: Appoint Mike Pruetting, term to expire 5-1-16.
Human Services Advisory Board: Appoint Sue Jackson and Marla Franklin; reappoint Lois Belser, Matt Miller, Matthew Silvers, Cotton Sivils & Dorothy Willcutt, terms to expire 1-20-17.
Livable Streets Advisory Board: Appoint Greg Hunsuker to replace Donald Priest, term to expire 2-17-15, appoint Matthew Fuller and reappoint Robert Busby, Ryan Philyaw and Ajia Mignon, terms to expire 2-17-16.
Beautification Commission: Appoint Charlotte Lea, term to expire 7-22-16.
B. POLICE DEPARTMENT:
1) Approval of Type G3 liquor license for Ciao! Bella, 235 SE Main Street. (New Ownership)
2) Approval of Type D liquor license for Bullfrog's 320 SW Blue Parkway to sell alcohol at Hartman Park Sports Complex, 700 SW Old Pryor Road.
3) Approval of Type D liquor license for Jackson County Parks and Recreation to sell alcohol at Frank White Softball Complex, 3901 SW Longview Road.
A. BILL NO. 13-21 AN ORDINANCE APPROVING AMENDMENT NO. 2 TO THE BUDGET FOR THE FISCAL YEAR ENDING JUNE 30, 2013, AS ADOPTED BY ORDINANCE NO. 7198, BY REVISING THE AUTHORIZED BUDGET EXPENDITURES OF THE AIRPORT FUND OF THE CITY OF LEE’S SUMMIT, MISSOURI. (BC 2-11-13)
COUNCIL ACTION: On motion of Councilmember Whitley, second by Mayor Pro Tem Gray, the Council voted unanimously to approve and numbered ORDINANCE NO. 7297.
5. PROPOSED RESOLUTIONS:
A. RES. NO. 13-04 A RESOLUTION AUTHORIZING THE ESTABLISHMENT OF AN EXPENDABLE TRUST FUND TO ACCOUNT FOR ESCROW MONIES ALLOCATED FOR USE IN PAYING CLAIMS, DAMAGES, AND DEDUCTIBLES INCURRED IN ALL CITY DEPARTMENTS AS PART OF THE CITY’S COMPREHENSIVE PROPERTY AND LIABILITY INSURANCE PROGRAM. (BC 2-11-13)
COUNCIL ACTION: On motion of Councilmember Cockrell, second by Councilmember Gray, the Council voted unanimously to approve RESOLUTION NO. 13-04.
6. CONTINUED BUSINESS:
A. CONTINUED CONSIDERATION - REZONING from AG and CP-1 to CP-2 and PRELIMINARY DEVELOPMENT PLAN – Wal-Mart Supercenter, 3410 SW Market Street; Mitchell, Kristl & Lieber, applicant. (Appl. #12-139)
COUNCIL ACTION: On motion of Councilmember Whitley, second by Councilmember Cockrell, the Council voted unanimously to reopen the public hearing on the rezoning and preliminary development plan for 3410 SW Market Street, AG and CP-1 to CP-2, Wal-Mart Supercenter, applicant, for the purpose of hearing new testimony related to this application.
Following lengthy presentations and discussion, Councilmember Cockrell moved to direct Staff to DRAFT AN ORDINANCE approving the rezoning and preliminary development plan, with reference to Staff’s letter dated January 30, 2013, with the 13 conditions included in the letter, deleting Item #7. Motion was seconded by Mayor Pro-Tem Gray and passed on a voice vote of 6 “aye”, 2 “no” (Councilmembers Whitley and Hofmann).
Due to the complexity of the issue, Mr. Arbo reiterated that Item #13 is a requirement for Staff to negotiate a development agreement, to be presented to the Council for consideration and approval. After hearing Council’s comments, he believed the general consensus was that the agreement include a funding mechanism for additional infrastructure.
7. PUBLIC HEARINGS:
A. REZONING M-150 Corridor Development Overlay (CDO); City of Lee’s Summit, applicant. (Appl. #12-106)
(NOTE: This item was continued from November 1, 2012, and February 7, 2013, per staff’s request. Staff is requesting an additional CONTINUANCE until APRIL 4, 2013.)
COUNCIL ACTION: On motion of Councilmember Binney, second by Councilmember Whitley, the Council voted unanimously to CONTINUE this Item to April 4, 2013.
B. PRELIMINARY DEVELOPMENT PLAN – Freddy’s Frozen Custard & Steakburgers, 194 NW Oldham Parkway, BRR Architecture, applicant. (Appl. #12-156)
(NOTE: This item is to be CONTINUED to MARCH 14, 2013.)
COUNCIL ACTION: On motion of Councilmember Cockrell, second by Councilmember Mosby, the Council voted unanimously to CONTINUE this item to March 14, 2013.
C. Amendment #45 to the Unified Development Ordinance (UDO)– Article 7, Design Standards, to establish design standards for the Downtown Core Area; City of Lee’s Summit, applicant (Appl. #12-146)
COUNCIL ACTION: On motion was made by Councilmember Whitley, seconded by Mayor Pro-Tem Gray, the Council voted 7 “aye”, 1 “no” (Councilmember Johnson), to direct staff to DRAFT AN ORDINANCE approving proposed Amendment No. 45 to the Unified Development Ordinance, subject to staff’s letter dated February 13, 2013.
8. OTHER BUSINESS:
A. BILL NO. 13-22 AN ORDINANCE APPROVING THE TRANSFEREE AGREEMENT BETWEEN RED LEE’S SUMMIT EAST, LLC, LEE SUMMIT COVENANT GROUP, LLC, AND THE CITY OF LEE’S SUMMIT, MISSOURI FOR THE TRANSFER OF PROPERTY IN THE LEE’S SUMMIT EAST TAX INCREMENT FINANCING REDEVELOPMENT AREA.
COUNCIL ACTION: On motion of Councilmember Holland, second by Mayor Pro-Tem Gray, the Council voted unanimously to approve and numbered ORDINANCE NO. 7298.
B. FINANCE COMMITTEE: Award of Bid No. 2013-056 for the Police Department Addition and Renovation to Titan Built, LLC, in the base bid amount of $6,495,000 and Alternate A in the amount of $493,373 for a total contract amount of $6,988,373.
COUNCIL ACTION: On motion of Mayor Pro-Tem Gray, second by Councilmember Mosby, the Council voted unanimously to award the bid for Police Department addition and renovation to Titan Built, LLC, as recommended.
C. Status report/discussion - Update on Solar Ready KC initiative and proposed improvements to permitting and installation of photovoltaic solar systems.
COUNCIL ACTION: This item was removed from the agenda.
9. COMMITTEE REPORTS:
• Councilmember Mosby mentioned the strategic plan for economic development. A Council- Planning Commission meeting will be held in March to discuss. He outlined the additional steps to completing this plan.
• Councilmember Hofmann reminded the Council about the LS Cares program on March 15 and 16, which stars a Michael Jackson impersonator and LS-resident Matt Lewis as Elvis. She also encourage everyone to attend a special class for parents on bullying.
10. COUNCIL ROUNDTABLE:
• Councilmember Whitley gave accolades of all Staff members who worked long hours pushing snow during this snow event. Mayor Rhoads added he declared a state of emergency, as did Governor Nixon, for this event, which allowed the city to accumulate costs that could be requested for reimbursement.
11. STAFF ROUNDTABLE:
There was no Staff Roundtable.
ADJOURNMENT: There being no further business, Mayor Rhoads ADJOURNED the February 28, 2013, Regular City Council meeting at 10:45 p.m.
Denise Chisum, MMC/MPCC Trisha Fowler
City Clerk Deputy City Clerk
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