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Home » Lee's Summit Council Updates » City Council Action Letter Thursday, July 10, 2014

City Council Action Letter Thursday, July 10, 2014

CITY COUNCIL ACTION LETTER
CITY OF LEE’S SUMMIT


REGULAR SESSION NO. 5
Thursday, July 10, 2014

City Council Chambers
City Hall
220 SE Green Street
Lee’s Summit, Missouri

5:34 CLOSED SESSION: On motion of Councilmember Binney, second by Councilmember Carlyle, the Council voted 6 “Aye”, 1 “No” (Councilmember Johnson) and 1 “Absent” (Councilmember Mosby) to hold a closed session pursuant to Section 610.021(9) of the Revised Statutes of the State of Missouri

6:20 P.M.    Mayor Rhoads called Regular Session No. 5 to order.  

Invocation – Mayor Rhoads 

Roll Call –
Councilmember Rob Binney Present      Councilmember Diane Forte   Present
Councilmember Dave Mosby Present      Mayor Pro-Tem Allan Gray   Present
Councilmember Derek Holland Present    Councilmember Trish Carlyle        Present
Councilmember Diane Seif Present   Councilmember Bob Johnson Present

City Manager Steve Arbo and City Attorney Brian Head were also present. 

APPROVAL OF AGENDA:  On motion of Mayor Pro Tem Gray, second by Councilmember Seif, the Council voted unanimously to approve the published amended agenda.

1. PUBLIC COMMENTS:    Mr. Randy James, LMS Wine Creators, asked for the Council’s permission to use the east alley exit from their building as an emergency exit for their current business as they wish to expand and the expansion requires an additional emergency exit.  The alley is tied to the conceptual process of Arnold Hall and needs Council direction to proceed.

2. COUNCIL COMMENTS:   Councilmember Johnson asked if there was any way to move forward with helping Mr. James.  Mr. Steve Arbo, City Manager, advised the discussion of Arnold Hall would be held later in the meeting and if staff was given good direction by the Council, staff would be able to move forward very quickly to help Mr. James resolve this issue as well.   
  
3. APPROVAL OF CONSENT AGENDA:
COUNCIL ACTION:  On motion of Councilmember Binney, second by Mayor Pro Tem Gray, the Council voted unanimously to approve the Consent Agenda as follows: 


A. POLICE DEPARTMENT:   
1) Change of managing officer with annual liquor license renewal for: American Legion Post #189, Jose Peppers and Pepper Jax Grill.
2) Change of managing officer with annual liquor license renewal for:  Douglas Valero and Longview Phillips 66.

B. PUBLIC WORKS COMMITTEE:
This item was approved by the Public Works Committee on June 17, 2014.
Approval of Change Order No. 7, FINAL, to the contract with Titan Built, LLC for the Police Department Addition and Renovation, Bid No. 2013-056, an increase of $76,358.00 and 28 calendar days, for a revised contract price of $7,729,747.00

4. PROPOSED ORDINANCES: 
The following proposed ordinances, submitted as bills, are often passed with little or no discussion.  All items were previously discussed by the Council or Council Committee.  This is a formal reading of proposed ordinances, as required by the City Charter.

A. BILL NO. 14-80 AN ORDINANCE VACATING A CERTAIN EASEMENT LOCATED WITHIN THE PLAT ENTITLED “EDMONDSON CREST” IN THE CITY OF LEE'S SUMMIT, MISSOURI.

COUNCIL ACTION:  On motion of Councilmember Johnson, second by Mayor Pro Tem Gray, the Council voted unanimously to approve and numbered ORDINANCE NO. 7485. 

ROLL CALL:  
Councilmember Seif Aye Councilmember Carlyle Aye
Councilmember Johnson Aye Mayor Pro Tem Gray Aye
Councilmember Mosby Aye Councilmember Forte Aye
Councilmember Binney Aye Councilmember Holland Aye

B. BILL NO. 14-81 AN ORDINANCE AMENDING ORDINANCE NO. 7391 AND ACCEPTING FINAL PLAT ENTITLED “TRAILS OF PARK RIDGE, BLOCKS 2D & 3D, LOTS 1-29 & TRACT D“, AS A SUBDIVISION TO THE CITY OF LEE’S SUMMIT, JACKSON COUNTY, MISSOURI.

COUNCIL ACTION:  On motion of Councilmember Mosby, second by Mayor Pro Tem Gray, the Council voted unanimously to approve and numbered ORDINANCE NO. 7486. 

ROLL CALL: 
Councilmember Seif Aye Councilmember Carlyle Aye
Councilmember Johnson Aye Mayor Pro Tem Gray Aye
Councilmember Mosby Aye Councilmember Forte Aye
Councilmember Binney Aye Councilmember Holland Aye

C. BILL NO. 14-82 AN ORDINANCE AMENDING CHAPTER 29. TRAFFIC AND MOTOR VEHICLES, OF THE CODE OF ORDINANCES FOR THE CITY OF LEE’S SUMMIT, MISSOURI, BY REVISING APPENDIX B. SCHEDULE OF STOPPING, STANDING AND PARKING RESTRICTIONS, FOR CERTAIN STREETS AND SEGMENTS OF STREETS LOCATED IN THE CITY OF LEE’S SUMMIT. (PWC 6-17-14)

COUNCIL ACTION:  On motion of Councilmember Forte, second by Mayor Pro Tem Gray, the Council voted unanimously to approve and numbered ORDINANCE NO. 7487. 

ROLL CALL:  
Councilmember Seif Aye Councilmember Carlyle Aye
Councilmember Johnson Aye Mayor Pro Tem Gray Aye
Councilmember Mosby Aye Councilmember Forte Aye
Councilmember Binney Aye Councilmember Holland Aye

D. BILL NO. 14-83 AN ORDINANCE DETERMINING AND DECLARING THE NECESSITY OF ACQUIRING FOR PUBLIC USE CERTAIN PERMANENT RIGHTS-OF-WAY AND TEMPORARY CONSTRUCTION EASEMENTS FOR CERTAIN PUBLIC IMPROVEMENTS ASSOCIATED WITH THE JEFFERSON STREET IMPROVEMENT PROJECT IN LEE’S SUMMIT, MISSOURI; AUTHORIZING THE CITY MANAGER AND HIS DESIGNEES TO NEGOTIATE FOR THE PURPOSE OF ACQUIRING THE NECESSARY INTERESTS IN LAND; AND AUTHORIZING THE CITY ATTORNEY AND HIS DESIGNEES TO INSTITUTE CONDEMNATION PROCEEDINGS IF SUCH INTERESTS IN LAND CANNOT BE ACQUIRED BY PURCHASE THROUGH GOOD FAITH NEGOTIATIONS.

COUNCIL ACTION:  On motion of Councilmember Seif, second by Mayor Pro Tem Gray, the Council voted unanimously to approve and numbered ORDINANCE NO. 7488. 

ROLL CALL:  
Councilmember Seif Aye Councilmember Carlyle Aye
Councilmember Johnson Aye Mayor Pro Tem Gray Aye
Councilmember Mosby Aye Councilmember Forte Aye
Councilmember Binney Aye Councilmember Holland Aye

E. BILL NO. 14-84 AN ORDINANCE AUTHORIZING THE ESTABLISHMENT OF A VOLUNTARY EMPLOYEE BENEFIT ASSOCIATION AS PROVIDED BY LAW, AND APPROVING THE ARTICLES OF INCORPORATION AND THE BYLAWS THEREOF.

COUNCIL ACTION:  On motion of Councilmember Carlyle, second by Mayor Pro Tem Gray, the Council voted 6 “Aye”, 1 “No” (Councilmember Binney), 1 “Abstain” (Councilmember Mosby) to approve and numbered ORDINANCE NO. 7489. 

ROLL CALL:  
Councilmember Seif Aye Councilmember Carlyle Aye
Councilmember Johnson Aye Mayor Pro Tem Gray Aye
Councilmember Mosby Abstain Councilmember Forte Aye
Councilmember Binney No Councilmember Holland Aye


F. BILL NO. 14-85 AN ORDINANCE AUTHORIZING THE ESTABLISHMENT OF A VOLUNTARY RETIREMENT MAXIMIZATION PROGRAM, AND APPROVING CERTAIN FORMS RELATED TO THE PROGRAM.

COUNCIL ACTION:  On motion of Councilmember Binney, second by Mayor Pro Tem Gray, the Council voted 6 “Aye”, 1 “No” (Councilmember Binney), 1 “Abstain” (Councilmember Mosby)to approve and numbered ORDINANCE NO. 7471. 

ROLL CALL:  
Councilmember Seif Aye Councilmember Carlyle Aye
Councilmember Johnson Aye Mayor Pro Tem Gray Aye
Councilmember Mosby Abstain Councilmember Forte Aye
Councilmember Binney No Councilmember Holland Aye


5. PRESENTATIONS:

A. Continued Discussion of Design Concepts for an Outdoor Performance Space at 123 SE 3rd Street.

COUNCIL ACTION:  On motion of Mayor Pro Tem Gray, second by Councilmember Holland , the Council voted 4 “Aye” (Mayor Pro Tem Gray and Councilmembers Holland, Seif and Mosby) and 4 “No” (Councilmembers Binney, Forte, Carlyle and Johnson) to direct staff to identify funding options for the concepts of 123 SE Third Street in excess of the bonds .  Mayor Rhoads voted “No”.  Motion failed.

Original Motion:  Councilmember Seif motioned to ask staff to look at other options for Arnold Hall which would include the possibility of other tenants that could make improvements and keep under budget the outdoor performance area.  Second by Councilmember Carlyle.

Amendment: Councilmember Holland amended the motion to have staff only look for private funds.  Second by Councilmember Mosby.   Council voted 7 “Aye”, 1 “No” (Mayor Pro Tem Gray).  Motion passed.

Council voted unanimously to approve the original motion.  

B. Presentation of the 2014-2015 Annual Action Plan with recommended funding allocation for the Community Development Block Grant (CDBG) program.

COUNCIL ACTION:  On motion of Councilmember Binney, second by Councilmember Holland , the Council voted unanimously to direct staff to present an ordinance approving the 2014-2015 Annual Action Plan and the funding allocations for the Community Development Block Grant (CDBG) program.

6. PUBLIC HEARINGS (Sworn):
In an effort to assist applicants who travel from outside the Kansas City Metropolitan Area, every effort will be made to hear the application on the scheduled meeting date.  

A. Application #PL2014-051 - SPECIAL USE PERMIT for indoor recreational facility in PI (Planned Industrial) District – A Strong Stop, 1012 SE Hamblen Road; Alyssa Stroud, applicant.
 (This item was CONTINUED from June 19, 2014.)

COUNCIL ACTION:  On motion of Councilmember , second by Councilmember , the Council voted unanimously (Councilmember Forte “Away from Table”) to direct staff to PRESENT AN ORDINANCE an ordinance approving  Application #PL2014-051, Special Use Permit for indoor recreational facility in PI (Planned Industrial) District – A Strong Stop, 1012 SE Hamblen Road; Alyssa Stroud, applicant, subject to staff’s letter dated July 1, 2014, recommendations 1-4. 
B. Application #PL2013-117 – REZONING from R-1 to RP-1 – Portions of Dalton’s Ridge, 2nd, 4th, and 5th Plats; Sallee Homes, Inc., applicant.

COUNCIL ACTION:  On motion of Councilmember Johnson, second by Councilmember Mosby, the Council voted unanimously to direct staff to DRAFT AN ORDINANCE an ordinance approving  Application #PL2013-117, Rezoning from R-1 to RP-1 – Portions of Dalton’s Ridge, 2nd, 4th, and 5th Plats; Sallee Homes, Inc., applicant, subject to staff’s letter dated July 1, 2014, recommendation items 1-3. 

C. Application #PL2014-058 – SPECIAL USE PERMIT for monopole tower in PI (Planned Industrial) District – KCP&L, 1300 SE Hamblen Road; KCP&L Greater Missouri Operations Co., applicant.

COUNCIL ACTION:  On motion of Mayor Pro Tem Gray, second by Councilmember Binney, the Council voted 7 “Aye”, 1 “No” (Councilmember Mosby) to direct staff to PRESENT AN ORDINANCE an ordinance approving Application #PL2014-058 – Special Use Permit for monopole tower in PI (Planned Industrial) District – KCP&L, 1300 SE Hamblen Road; KCP&L Greater Missouri Operations Co., applicant, subject to staff’s letter dated July 1, 2014, recommendation items 1-4. 

D. Application #PL2014-059 – SPECIAL USE PERMIT for monopole tower in PI (Planned Industrial) District – KCP&L, 5 SE 16th Street; KCP&L Greater Missouri Operations Co., applicant.

COUNCIL ACTION:  On motion of Councilmember Holland, second by Mayor Pro Tem Gray, the Council voted 7 “Aye”, 1 “No” (Councilmember Mosby) to direct staff to PRESENT AN ORDINANCE an ordinance approving  Application #PL2014-059 – Special Use Permit for monopole tower in PI (Planned Industrial) District – KCP&L, 5 SE 16th Street; KCP&L Greater Missouri Operations Co., applicant, subject to staff’s letter dated July 1, 2014, recommendation items 1-4. 

7. OTHER BUSINESS:

A. BILL NO. 14-86 AN ORDINANCE APPROVING THE CITY OF LEE'S SUMMIT 2014-2015 ENTITLEMENT COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) ANNUAL ACTION PLAN.

COUNCIL ACTION:  On motion of Councilmember Holland, second by Mayor Pro Tem Gray, the Council voted unanimously to approve and numbered ORDINANCE NO. 7491. 

ROLL CALL:  
Councilmember Seif Aye Councilmember Carlyle Aye
Councilmember Johnson Aye Mayor Pro Tem Gray Aye
Councilmember Mosby Aye Councilmember Forte Aye
Councilmember Binney Aye Councilmember Holland Aye

B. BILL NO. 14-87 AN ORDINANCE GRANTING A SPECIAL USE PERMIT FOR INDOOR RECREATIONAL FACILITY IN DISTRICT PI (PLANNED INDUSTRIAL) ON LAND LOCATED AT 1012 SE HAMBLEN ROAD FOR A PERIOD OF TEN (10) 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 Mayor Pro Tem Gray, second by Councilmember Binney, the Council voted unanimously to approve and numbered ORDINANCE NO. 7492. 

ROLL CALL:  
Councilmember Seif Aye Councilmember Carlyle Aye
Councilmember Johnson Aye Mayor Pro Tem Gray Aye
Councilmember Mosby Aye Councilmember Forte Aye
Councilmember Binney Aye Councilmember Holland Aye


C. BILL NO. 14-88 AN ORDINANCE GRANTING A SPECIAL USE PERMIT FOR A MONOPOLE TOWER IN DISTRICT PI (PLANNED INDUSTRIAL) ON LAND LOCATED AT 1300 SE HAMBLEN 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 Mosby, second by Mayor Pro Tem Gray, the Council voted unanimously for second reading.


Councilmember Mosby motioned for denial of Bill No. 14-88.  Motion died for lack of second.

On motion of Councilmember Johnson, second by Mayor Pro Tem Gray, the Council voted 6 “Aye”, 1 “No” (Councilmember Mosby) to approve and numbered ORDINANCE NO. 7493. 

ROLL CALL:  
Councilmember Seif Aye Councilmember Carlyle Aye
Councilmember Johnson Aye Mayor Pro Tem Gray Aye
Councilmember Mosby No Councilmember Forte Aye
Councilmember Binney Aye Councilmember Holland Aye

D. BILL NO. 14-89 AN ORDINANCE GRANTING A SPECIAL USE PERMIT FOR A MONOPOLE TOWER IN DISTRICT PI (PLANNED INDUSTRIAL) ON LAND LOCATED AT 5 SE 16th STREET 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 Binney, second by Mayor Pro Tem Gray, the Council voted unanimously to approve and numbered ORDINANCE NO. 7494. 

ROLL CALL:  
Councilmember Seif Aye Councilmember Carlyle Aye
Councilmember Johnson Aye Mayor Pro Tem Gray Aye
Councilmember Mosby No Councilmember Forte Aye
Councilmember Binney Aye Councilmember Holland Aye

E. BILL NO. 14-90 AN ORDINANCE APPROVING THE SECOND AMENDMENT TO THE JOHN KNOX VILLAGE CHAPTER 353 DEVELOPMENT PLAN AND THE SECOND AMENDMENT TO THE REDEVELOPMENT CONTRACT BY AND AMONG THE JOHN KNOX VILLAGE REDEVELOPMENT CORPORATION, JOHN KNOX VILLAGE LEE’S SUMMIT, MISSOURI, AND THE CITY OF LEE’S SUMMIT, MISSOURI. (Continued to July 24, 2014.)

F. HUMAN RESOURCES DEPARTMENT:  Approval of quote from Midwest Employers Insurance Company for excess Workers Compensation coverage in the amount of $65,488, effective August 1, 2014 through June 30, 2015 and standard, annual renewal cycle effective July 1 thereafter.

G. PROCUREMENT DEPARTMENT:  Award of Bid No. 2014-114 for a one-year contract with four (4) possible one-year contract renewals for Repair, Maintenance and New Installation of Overhead Doors for various City departments to Overhead Door Company of Kansas City.

H. PUBLIC WORKS DEPARTMENT:  Award of Bid No. 88101-C Strother Road Improvement Project to Radmacher Brothers Excavating Company, Inc. in the amount of $3,767,759.50.

COUNCIL ACTION:  On motion of Councilmember Binney, second by Mayor Pro Tem Gray, the Council voted unanimously to award Bid No. 88101-C Strother Road Improvement Project to Radmacher Brothers Excavating Company, Inc. in the amount of $3,767,759.50.


I. BILL NO. 14-91 AN ORDINANCE APPROVING THE TAX INCREMENT FINANCING CONTRACT BETWEEN THE CITY OF LEE’S SUMMIT AND RED LSE, LLC, FOR REDEVELOPMENT PROJECT AREA 2A AND REDEVELOPMENT PROJECT AREA 2B OF THE LEE’S SUMMIT EAST AMENDED AND RESTATED TAX INCREMENT FINANCING PLAN.

COUNCIL ACTION:  On motion of Mayor Pro Tem Gray, second by Councilmember Binney, the Council voted 5 “Aye”, 3 “No” (Councilmembers Johnson, Holland and Mosby) to approve and numbered ORDINANCE NO. 7495. 

ROLL CALL:  
Councilmember Seif Aye Councilmember Carlyle Aye
Councilmember Johnson No Mayor Pro Tem Gray Aye
Councilmember Mosby No Councilmember Forte Aye
Councilmember Binney Aye Councilmember Holland No

J. SECOND READING OF BILL NO. 14-29  AN ORDINANCE APPROVING REDEVELOPMENT PROJECT 2A FOR THE LEE’S SUMMIT EAST AMENDED AND RESTATED TAX INCREMENT FINANCING PLAN AS AMENDED BY THE FIRST AMENDMENT AND ACTIVATING THE COLLECTION OF TAX INCREMENT FINANCING REVENUES THEREIN.
(NOTE:  This proposed bill was first read on May 15, 2014.)

COUNCIL ACTION:  This item was removed from the agenda. 

K. SECOND READING OF BILL NO. 14-30  AN ORDINANCE APPROVING REDEVELOPMENT PROJECT 2B FOR THE LEE’S SUMMIT EAST AMENDED AND RESTATED TAX INCREMENT FINANCING PLAN AS AMENDED BY THE FIRST AMENDMENT AND ACTIVATING THE COLLECTION OF TAX INCREMENT FINANCING REVENUES THEREIN.
(NOTE:  This proposed bill was first read on May 15, 2014.)

COUNCIL ACTION:  This item was removed from the agenda.

L. SECOND READING OF BILL NO. 14-32  AN ORDINANCE GRANTING A CHANGE IN ZONING CLASSIFICATION FROM P1 TO PMIX ON LAND LOCATED AT 1301 NW WARD ROAD AND APPROVING A PRELIMINARY DEVELOPMENT PLAN FOR SUMMIT PLACE,  1301 NW WARD ROAD, ALL IN ACCORDANCE WITH THE PROVISIONS OF UNIFIED DEVELOPMENT ORDINANCE NO. 5209 FOR THE CITY OF LEE'S SUMMIT, MISSOURI.
(NOTE:  This proposed bill was first read on May 15, 2014.)

COUNCIL ACTION:  On motion of Councilmember Forte, second by Mayor Pro Tem Gray, the Council voted 5 “Aye”, 3 “No” (Councilmembers Johnson, Holland and Mosby)  to approve and numbered ORDINANCE NO. 7496. 

ROLL CALL:  
Councilmember Seif Aye Councilmember Carlyle Aye
Councilmember Johnson No Mayor Pro Tem Gray Aye
Councilmember Mosby No Councilmember Forte Aye
Councilmember Binney Aye Councilmember Holland No


8.   COMMITTEE REPORTS (Committee chairs report on matters held in Committee):
 Councilmember Binney advised the Public Works Committee will be meeting on Tuesday, July 15 at 5:30 pm and they will be discussing the Snow Plan.
 Councilmember Johnson stated the Rules Committee will be meeting on Monday, July 14 at 4:00 pm; and, The Finance and Budget Committee will be meeting on Tuesday, July 15, at 2:00 pm.
 Councilmember Mosby advised the Community and Economic Development Committee will be meeting on Wednesday, July 16, at 6:00 pm.

9.   COUNCIL ROUNDTABLE:
 Councilmember Holland noted the 50 & 291 Highway project has been recognized by the MoDOT to be a good and significant project.  He also asked for Council to consider sending their ideas and recommendations on Council taking a position on sales tax to himself, Mayor Rhoads and City Manager, Steve Arbo, for further discussion.
 Councilmember Carlyle referred to a letter that was given to Council prior to the meeting that was brought up during the discussion of Arnold Hall.  She stated the letter was from Downtown Lee’s Summit Main Street and the Lee’s Summit Economic Development Council that expressed interest in using Arnold Hall for their office space. 
 Mayor Rhoads advised there will be a short Special Session prior to next week’s Work Session to vote on a time sensitive matter.

10.   STAFF ROUNDTABLE:  There was no Staff Roundtable.

ADJOURNMENT:  There being no further business, Mayor Rhoads ADJOURNED the July 10, 2014, Regular City Council meeting at 10:45 p.m. 


 
Trisha Fowler
Deputy City Clerk 



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