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City Council Action Letter Thursday, January 20, 2011
Thursday, January 20, 2011
REGULAR SESSION NO. 17
5:30 P.M. CLOSED SESSION: On motion of Councilmember Whitley, second by Councilmember Hofmann, voted unanimously to hold a closed session pursuant to Section 610.021(1) of the RSMo.
6:15 P.M. Mayor Rhoads called Regular Session No.17 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, City Attorney Teresa Williams and City Clerk Denise Chisum were also present.
APPROVAL OF AGENDA: On motion of Councilmember Cockrell, second by Councilmember Hallam, voted unanimously to approve the published agenda.
1. PUBLIC COMMENTS: • Ms. Melody Gillette expressed her concern regarding the Council’s approval of a 20-year Special Use Permit for Superior Asphalt, due to road damage from large trucks and trash being stored on the company’s property. She requested the ordinance be postponed until her information could be reviewed. • Councilmember Cockrell suggested this item be discussed further during the reading of the ordinance.
2. COUNCIL COMMENTS: There were no Council comments.
3. APPROVAL OF CONSENT AGENDA: COUNCIL ACTION: On motion of Councilmember Hallam, second by Councilmember Johnson, the Council voted 7 “Aye”, 2 “No” (Councilmembers Cockrell and Spallo) to approve the consent agenda, as follows:
A. MAYOR’S APPOINTMENTS: License Tax Review Committee: Reappoint Karl Blumenhorst, Raven Graham, Glen Jones and Chuck Owsley. Human Services Advisory Board: Appoint Joann Gann, Diane Seif, Susan Coffman, Geneva High, Karen Traxel, Mary Ann Metheny, Cynthia Howard, Cotton Sivils, Matthew Silvers, Chris Salanski, Jacki Knabe, Lois Belser, Dorothy Wilcutt and Dr. Jerry Keimig. Water Utilities Advisory Board: Appoint John Ivey
B. POLICE DEPARTMENT: Change in ownership for Outback Steakhouse, 1731 NE Douglas Street, type G3 & K liquor license, due to an internal company merger.
4. PROPOSED ORDINANCES:
A. SUBSTITUTE BILL NO. 11-05 AN ORDINANCE GRANTING A SPECIAL USE PERMIT FOR RETIREMENT HOME (ASSISTED LIVING), BENTON HOUSE SENIOR HOUSING, IN DISTRICT CP-2 ON LAND LOCATED AT 2160 SE BLUE PARKWAY FOR A PERIOD OF FORTY (40) 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 Hofmann, the Council voted 6 “Aye”, 2 “No” (Councilmembers Spallo and Whitley) to approve and numbered ORDINANCE NO. 7010.
B. BILL NO. 11-06 AN ORDINANCE AMENDING ARTICLE 8, ACCESSORY USES, OF THE UNIFIED DEVELOPMENT ORDINANCE OF THE CODE OF ORDINANCES OF THE CITY OF LEE’S SUMMIT, MISSOURI. COUNCIL ACTION: On motion of Councilmember Gray, second by Councilmember Hofmann, the Council voted unanimously to approve and numbered ORDINANCE NO. 7011.
C. BILL NO. 11-07 AN ORDINANCE GRANTING A SPECIAL USE PERMIT RENEWAL FOR ASPHALT PLANT IN DISTRICT PI ON LAND LOCATED AT 2400 NW QUARRY PARK ROAD FOR A PERIOD OF TWENTY (20) YEARS, ALL IN ACCORDANCE WITH ARTICLE 10 WITHIN THE UNIFIED DEVELOPMENT ORDINANCE, FOR THE CITY OF LEE'S SUMMIT, MISSOURI . COUNCIL ACTION: Motion was made by Councilmember Hofmann, seconded by Councilmember Gray, for second reading. The Council discussed the ordinance at great length.
Motion was made by Councilmember Johnson, seconded by Councilmember Whitley, to table this item until February 3, 2011 for further review and discussion. Motion failed on a vote of 3 “Aye” (Councilmembers Johnson, Spallo and Whitley), 5 “No” (Councilmembers Hallam, Hofmann, Cockrell, Mosby and Gray).
After discussion, Councilmember Gray moved and Councilmember Cockrell seconded to amend the original motion to ensure the business is in compliance with general property maintenance standards. Motion passed unanimously.
On the original motion of Councilmember Hofmann, second by Councilmember Gray, the Council voted 6 “Aye”, 2 “No” (Councilmembers Johnson and Spallo) for second reading, with amendment.
On motion of Councilmember Hofmann, second by Councilmember Gray, the Council voted 6 “Aye”, 2 “No” (Councilmembers Johnson and Spallo) to approve Bill No. 11-07 as amended and numbered ORDINANCE NO. 7012.
D. BILL NO. 11-08 AN ORDINANCE GRANTING A CHANGE IN ZONING CLASSIFICATION FROM PI TO CP-2 AND APPROVING A PRELIMINARY DEVELOPMENT PLAN FOR LAND LOCATED AT THE SW AND SE CORNERS OF INDEPENDENCE AVENUE AND STROTHER ROAD (SW CORNER OF I-470 AND STROTHER ROAD), PROPOSED STROTHER CROSSING, 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 Councilmember Hofmann, the Council voted unanimously to approve and numbered ORDINANCE NO. 7013.
E. BILL NO. 11-09 AN ORDINANCE APPROVING AMENDMENT NO. 3 TO ORDINANCE NO. 6797, WHICH ADOPTED THE BUDGET FOR FISCAL YEAR ENDING JUNE 30, 2010, BY REVISING THE AUTHORIZED BUDGET EXPENDITURES OF THE INFORMATION TECHNOLOGY SERVICES FUND OF THE CITY OF LEE’S SUMMIT, MISSOURI. (F & PC 1/4/10) COUNCIL ACTION: On motion of Councilmember Hallam, second by Councilmember Gray, the Council voted unanimously to approve and numbered ORDINANCE NO. 7014.
F. BILL NO. 11-10 AN ORDINANCE AMENDING CHAPTER 26. STREETS, SIDEWALKS AND OTHER PUBLIC PLACES, OF THE CODE OF ORDINANCES FOR THE CITY OF LEE’S SUMMIT, MISSOURI, BY ADDING SEC. 26-56. LIVABLE STREETS ADVISORY BOARD ESTABLISHED; DUTIES, FOR THE CITY OF LEE’S SUMMIT, MISSOURI. COUNCIL ACTION: On motion of Councilmember Cockrell, second by Councilmember Gray, the Council voted 7 “Aye”, 1 “No” (Councilmember Johnson) to approve and numbered ORDINANCE NO. 7015.
5. PUBLIC HEARINGS:
A. SPECIAL USE PERMIT for telecommunications tower – 400 SW Nichols Rd., American Tower Corp., applicant. (Appl. #10-072) (NOTE: This item is to be continued to the February 3, 2011 Regular Session.) COUNCIL ACTION: On motion of Councilmember Hallam, second by Councilmember Mosby, the Council voted 7 “Aye”, 1 “Absent” (Councilmember Cockrell) to CONTINUE this item to FEBRUARY 3, 2011.
6. OTHER BUSINESS:
A. MAYOR’S APPOINTMENTS: Livable Streets Advisory Board: Appoint Kathy Biagioli, Scott DeVouton, Ed Kraemer, Eric Kratz, Linda Thompson, Dan Wiltshire, Bob Busby, Craig Faith, Pam Osgood and Ryan Philyaw. COUNCIL ACTION: On motion of Councilmember Whitley, second by Councilmember Gray, the Council voted 3 “Aye” (Councilmembers Whitley, Gray and Mosby), 5 “No” (Council-members Hallam, Hofmann, Cockrell, Johnson and Spallo), to approve Mayor’s Appointments. Motion failed. Mayor asked councilmembers to provide him with names for this Board.
B. Summary of the Solid Waste Committee Discussions Regarding the Proposed Citywide Solid Waste/Curbside Recycling Program. COUNCIL ACTION: After lengthy discussion, Council reached a consensus to direct Staff to create a comprehensive plan and present to Council at a later date for further discussion.
NOTE: Councilmember Hallam absent at 8:45 p.m.
C. DISCUSSION: An agreement to enter into lease for the Arnold Hall Redevelopment Project. COUNCIL ACTION: On motion of Councilmember Cockrell, second by Councilmember Hofmann, the Council voted unanimously (Councilmember Hallam “absent”) to enter into a lease, as presented, with Arnold Hall Developers LLC. D. APPROVAL TO LEASE SPACE: Summit Northridge LLC, within the boundaries of the Summit Fair Tax Increment Financing (TIF) Redevelopment Area to a Jimmy John’s Gourmet Sandwiches franchise. COUNCIL ACTION: On motion of Councilmember Cockrell, second by Councilmember Mosby, the Council voted 5 “aye”, 2 “no” (Councilmembers Johnson and Spallo), 1 “absent” (Council-member Hallam), to approve leasing space to Jimmy John’s Gourmet Sandwiches franchise at Summit Northridge LLC, within the boundaries of the Summit Fair Tax Increment Financing (TIF) Redevelopment Area.
7. COMMITTEE REPORTS: A. Public Works Committee: No report. B. Solid Waste Committee: Councilmember Hofmann suggested the SWC be rejoined with PWC, since their main issue of trash hauling was winding down. Community Development Committee: Councilmember Gray reported the scheduled meeting was cancelled due to inclement weather but the scheduled meeting in February will be held. C. Finance and Personnel Committee: No report D. Liaison Reports: Councilmember Whitley advised that Downtown Lee’s Summit Main Street will be holding a planning retreat on April 25th, which will be a full day event. E. Rules Committee: Councilmember Cockrell advised that the committee created a set of rules and should be placed on an agenda for consideration by the full Council. However, he felt the issue of Council travel should be forwarded to the F&PC for consideration. Council reached a consensus to pass this request to F&PC.
8. ROUNDTABLE: • Councilmember Hofmann remarked on her experience riding with the snow plow and complimented the crews on handling the snow. Councilmember Gray agreed. • Councilmember Johnson explained his negative vote at the last Council meeting regarding signage on buildings. He was tired of mandating additional costs on businesses.
ADJOURNMENT: There being no further business, Mayor Rhoads ADJOURNED the January 20, 2011, City Council meeting at 9:05 p.m.
__________________________________ Trisha Whitehead Deputy City Clerk

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