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CITY COUNCIL ACTION LETTER Thursday, March 1, 2012
REGULAR SESSION NO. 42
5:33 P.M. CLOSED SESSION: On motion of Councilmember Whitley, second by Councilmember Hallam, the Council voted unanimously (Councilmembers Cockrell and Spallo “Absent”) to hold a closed session pursuant to Section 610.021(1) of the RSMo. Councilmember Spallo arrived later in the meeting.
6:15 P.M. Mayor Rhoads called Regular Session No.42 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 Absent
Councilmember Brian Whitley Present Councilmember Bob Johnson Present
Deputy City Manager Brian Scott, Deputy City Attorney John Mautino were also present.
APPROVAL OF AGENDA: On motion of Councilmember Whitley, second by Councilmember Gray, the Council voted unanimously (Councilmember Cockrell “Absent”) 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 Gray, second by Councilmember Whitley, the Council voted unanimously (Councilmember Cockrell “Absent”) to approve the Consent Agenda as follows:
A. Mayor’s Appointments:
Board of Adjustments: Appoint member Eric Graham and alternate Joe Sauter, terms to expire 12-17-14.
Cultural Arts Facility Task Force: Appoint Brad Cox (MBA Rep.), Liz Nord (Arts Council Rep.), Daniel Caldwell (Parks & Rec. Rep.), Laurie Brock, Christine Bushyhead, Kathy Smith, and Marian Zajic.
Water Utilities Advisory Board: Appoint Kay Ford, Brian Petersen, Margie Zorn terms to expire 3-1-13; Mike Atcheson, Mick Mithelavage, Roger Tilling terms to expire 3-1-14; Jeff White, Glen Jones, and Brad Culbertson terms to expire 3-1-15.
Mayor’s Pro Tem Appointments:
Budget Committee: Appoint Councilmember Brian Whitley as Chairperson, Councilmember Ed Cockrell, Councilmember Kathy Hofmann and Councilmember Dave Mosby.
4. ORDINANCES:
A. BILL NO. 12-17 AN ORDINANCE AMENDING SECTION 4-1 DEFINITIONS, AND SECTION 4-8. ACCEPTANCE, PURCHASE, ETC., BY MINORS PROHIBITED, AND SECTION 4-1, OF ARTICLE 1. IN GENERAL, CHAPTER 4. ALCOHOLIC BEVERAGES, OF THE CODE OF ORDINANCES OF THE CITY OF LEE’S SUMMIT, MISSOURI.
COUNCIL ACTION: On motion of Councilmember Mosby, second by Councilmember Gray, the Council voted unanimously (Councilmember Cockrell “Absent”) to approve and numbered ORDINANCE NO. 7149.
5. RESOLUTIONS:
A. RES. NO. 12-03 A RESOLUTION ADOPTING A TRAINING AND TRAVEL POLICY FOR THE CITY COUNCIL OF THE CITY OF LEE’S SUMMIT, MISSOURI.
COUNCIL ACTION: On motion of Councilmember Hallam, second by Councilmember Mosby, the Council voted unanimously (Councilmember Cockrell “Absent”) to approve RESOLUTION NO. 12-03.
6. PUBLIC HEARINGS:
A. Amendment #41 to the Unified Development Ordinance (UDO) - Article 8, Accessory Uses and Article 10, Special Use Permits, amending regulations for home based businesses; City of Lee’s Summit, applicant. (Appl. #PL2012-004
COUNCIL ACTION: Motion was made by Councilmember Johnson, seconded by Councilmember Hallam, to direct staff to PRESENT AN ORDINANCE approving application PL#2012-004 – Amendment No. 41 to the Unified Development Ordinance (UDO) - Article 8, Accessory Uses, and Article 10, Special Use Permits, amending regulations for home based businesses; City of Lee's Summit, applicant, per staff’s letter of February 22, 2012.
An amendment was proposed by Councilmember Spallo to separate the proposed amendments and vote on each Article separately. On motion of Councilmember Spallo, second by Councilmember Hallam, Council voted 5 Aye, 2 No (Councilmember Hallam and Johnson), 1 “Absent” (Councilmember Cockrell) to AMEND the original motion.
Council voted 3 “Aye” (Councilmembers Johnson, Hallam and Mosby), 4 “No” (Councilmembers Spallo, Gray, Whitley and Hofmann), 1 “Absent” (Councilmember Cockrell) by roll call vote to direct staff to DRAFT AN ORDINANCE approving that part of Amendment No. 41 to the UDO that would amend ARTICLE 8, Accessory Uses. MOTION FAILED.
Council voted 4 “Aye” (Councilmembers Hallam, Hofmann, Gray and Johnson), 3 “No” (Councilmembers Spallo, Mosby and Johnson), 1 “Absent” (Councilmember Cockrell) by roll call vote to direct staff to DRAFT AN ORDINANCE approving that part of Amendment No. 41 to the UDO that would amend ARTICLE 10, Special Use Permits, amending regulations for home based businesses. MOTION PASSED.
B. REZONING AND PRELIMINARY DEVELOPMENT PLAN – rezoning from PI to CP-2 – Dave Cross Motors, 1120 NW Blue Pkwy.; Cross Properties LLC, applicant. (Appl. #11-162)
(Note: This item is to be continued to the March 15, 2012, City Council meeting to provide for proper notification.)
COUNCIL ACTION: On motion of Councilmember Hallam, second by Councilmember Mosby, the Council voted unanimously (Councilmember Cockrell “Absent”) to CONTINUE this Public Hearing to a date certain of MARCH 15, 2012 to provide for proper notification.
C. SPECIAL USE PERMIT for major automotive repair and automotive sales – Dave Cross Motors, 1120 NW Blue Pkwy.; Cross Properties LLC, applicant. (Appl. #11-163)
(Note: This item is to be continued to the March 15, 2012, City Council meeting to provide for proper notification.)
COUNCIL ACTION: On motion of Councilmember Hallam, second by Councilmember Mosby, the Council voted unanimously (Councilmember Cockrell “Absent”) to CONTINUE this Public Hearing to a date certain of MARCH 15, 2012 to provide for proper notification.
7. OTHER BUSINESS:
A. BILL NO. 12-18 AN ORDINANCE AMENDING ARTICLES 8, ACCESSORY USES, AND ARTICLE 10, SPECIAL USE PERMITS, AMENDING REGULATIONS FOR HOME BASED BUSINESSES OF THE UNIFIED DEVELOPMENT ORDINANCE OF THE CODE OF ORDINANCES OF THE CITY OF LEE’S SUMMIT, MISSOURI.
(Appl. #12-004)
COUNCIL ACTION: This item was CONTINUED to MARCH 15, 2012 , due to Council action on Item 6.A. of this agenda.
B. BILL NO. 12-19 AN ORDINANCE AMENDING CHAPTER 20. PEDDLERS AND SOLICITORS, ARTICLE I. IN GENERAL, SECTION 20-5. TIME RESTRICTIONS OF THE CODE OF ORDINANCES OF THE CITY OF LEE’S SUMMIT, MISSOURI TO PROHIBIT PEDDLERS, SOLICITORS, OR CANVASSERS FROM ENGAGING IN SUCH ACTS AFTER EIGHT P.M. (CDC 1/18/12)
COUNCIL ACTION: On motion of Councilmember Johnson, second by Councilmember Gray, the Council voted unanimously (Councilmember Cockrell “Absent”) to approve and numbered ORDINANCE NO. 7151.
C. BILL NO. 12-20 AN ORDINANCE APPROVING THE INCORPORATION OF THE BLUE PARKWAY AND COLBERN ROAD REDEVELOPMENT CORPORATION AND DESIGNATING THE CITY'S PROXY FOR PURPOSES OF REPRESENTING THE CITY'S OWNERSHIP HOLDINGS IN THE CORPORATION.
COUNCIL ACTION: On motion of Councilmember Gray, second by Councilmember Hallam, the Council voted 6 “Aye”, 2 “No” (Councilmembers Johnson and Spallo), 1 “Absent” (Councilmember Cockrell) to approve and numbered ORDINANCE NO. 7152.
D. BILL NO. 12-21 AN ORDINANCE APPROVING THE ASSIGNMENT AND ASSUMPTION AGREEMENT BETWEEN COLE CV LEE’S SUMMIT, MO, L.L.C., LCF RETAIL PORTFOLIO II L.L.C., AND THE CITY OF LEE’S SUMMIT, MISSOURI FOR THE TRANSFER OF PROPERTY IN PROJECT AREA 2-C OF THE NEW LONGVIEW TAX INCREMENT FINANCING REDEVELOPMENT AREA.
COUNCIL ACTION: On motion of Councilmember Hofmann, second by Councilmember Hallam, the Council voted unanimously (Councilmember Cockrell “Absent”) to approve and numbered ORDINANCE NO. 7153.
E. Approval of one-time expenditure in the amount of $31,206 for the Jackson County Regional Transit Plan education program in conjunction with Jackson County and other Kansas City area municipalities.
COUNCIL ACTION: After discussion, Council reached a consensus to CONTINUE this discussion to MARCH 15, 2012, for additional information.
F. DISCUSSION of Date for Annual Legacy Blast Community Fourth of July Festival.
COUNCIL ACTION: On motion of Councilmember Spallo , second by Councilmember Mosby, the Council voted 6 “Aye, 1 “No” (Councilmember Gray), 1 “Absent” (Councilmember Cockrell), to direct Staff to host Legacy Blast on Tuesday, July 3, 2012 with a rain date of Thursday, July 5, 2012.
8. COMMITTEE REPORTS:
• Councilmember Spallo noted the PWC will meet on March 7, 2012 at 7:00 am.
• Councilmember Hofmann reported on the Community Development Block Grant (CDBG) committee meeting.
9. ROUNDTABLE:
• Councilmember Johnson would like the City to look at participating in testifying against the proposed increase by KCP&L.
o Mr. Scott stated Staff would review and provide information to Council.
• Councilmember Whitley mentioned his concerns about the City paying for the administration of the CDBG funds from the General Fund, particularly since there were fewer applicants requesting assistance this year and there were funds remaining after allocation. HUD regulations provide for a 20% allotment from CDBG funds for administrative services. The Council discussed this at some length and the following issues were discussed:
o The funding used from the General Fund is salaries for existing employees. No additional personnel has been added.
o CDBG funds are used to benefit LMI (Low-to-Moderate-Income) persons and the Council has never used those funds to assist in paying salaries.
o Perhaps the amount allowed in the Minor Home Repair program could be increased from $10,000 to $15,000.
ADJOURNMENT: There being no further business, Mayor Rhoads ADJOURNED the March 1, 2012, City Council meeting at 8:15 p.m.
Trisha Whitehead,
Deputy City Clerk
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