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Home » Lee's Summit Council Updates » City Council Action Letter Thursday, March 6, 2014

City Council Action Letter Thursday, March 6, 2014

CITY OF LEE’S SUMMIT
CITY COUNCIL

REGULAR SESSION NO. 43
Thursday, March 6, 2014

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

5:30 CLOSED SESSION: On motion of Councilmember Whitley, second by Councilmember Hofmann, the Council voted unanimously (Councilmembers Cockrell and Gray arrived after the start of the meeting and Councilmember Mosby was absent.), to hold a closed session pursuant to Section 610.021(13); Section 610.021(2); Section 610.021(3;) and, Section 610.021(1) of the Revised Statutes of the State of Missouri

6:50 P.M.    Mayor Rhoads called Regular Session No. 43 to order.  

Invocation – Mayor Rhoads

Roll Call –
Councilmember Rob Binney        Present            Councilmember Kathy Hofmann             Present
Councilmember Dave Mosby        Absent            Mayor Pro-Tem Allan Gray                  Absent
Councilmember Derek Holland    Present             Councilmember Ed Cockrell                   Absent
Councilmember Brian Whitley    Present             Councilmember Bob Johnson                Present

City Manager Steve Arbo and  Acting City Attorney Rich Wood were also present.

APPROVAL OF AGENDA:  Mayor Rhoads pulled Item 8.F. because the Council does not have to approved this expenditure.  On motion of Councilmember Whitley, second by Councilmember Hofmann, the Council voted unanimously (Councilmembers Cockrell and Mosby and Mayor Pro-Tem Gray “Absent”) to approve the published amended agenda, as amended.

1.    PUBLIC COMMENTS:  There were no public comments.

2.    COUNCIL COMMENTS:  

      Councilmember Binney noted that several months back, the last presentation from the Historical Society had asked for an assessment of the physical condition of the WPA Post Office/City Hall building.  He noticed the building had been vacant the last couple of nights, with no lights on or anybody working in the building, so he was curious if there was an update on the condition of the building, the presence of the tenant, or any update.
                                                                                                                                                                                                                                                                              
      Mark Dunning, Development Center Director, advised that Brian Scott has been working on this project and he believed ReDiscover relocated so there is no tenant in the building.  Mr. Scott has been working with design professionals on the condition of the structure, which was the request made by Council and he thought that is in the works.  
      Councilmember Binney also mentioned that about six months back he asked for an update.  He thought the people listing the land next to Unity were supposed to be providing a master development plan.  Mr. Dunning had no information on that project.  

Mayor Rhoads recognized a Boy Scout in the audience.  

Councilmember Cockrell and Mayor Pro-Tem Gray present at 6:52 p.m.

3.    APPROVAL OF CONSENT AGENDA:
COUNCIL ACTION:  On motion of Councilmember Whitely, second by Councilmember Binney, the Council voted unanimously (Councilmember Mosby “absent”) to approve the Consent Agenda as follows:
A.    Approval of Action Letter for the February 20, 2014 Regular Session
B.    FINANCE COMMITTEE:
NOTE:  These items were considered by the Finance Committee on February 18, 2014.
1)    Award of Bid #2014-082 as a One Year Contract with Four (4) Possible One Year Contract Renewals for Laundering and Dry Cleaning of Uniforms for the Police and Fire Departments to Wil-Kleen Incorporated.
2)    Approval of waiver of Calendar Year 2013 Housing Authority of the City of Lee's Summit, Missouri, Payment in Lieu of Taxes in the amount of $33,393.72.
C.    PLANNING AND DEVELOPMENT: Request for extension of the Preliminary Development Plan approval for an additional 12 months for Application 2012-139 Wal-Mart Superstore, 3410 SW Market Street.


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. 14-25 AN ORDINANCE AUTHORIZING THE EXECUTION OF A CONTRACT OF OBLIGATION BY AND BETWEEN THE CITY OF LEE'S SUMMIT, MISSOURI AND THE MISSOURI DEPARTMENT OF NATURAL RESOURCES, TO SATISFY THE REQUIREMENTS FOR A FINANCIAL ASSURANCE INSTRUMENT WITH RESPECT TO THE CITY'S PERMIT TO OPERATE A SOLID WASTE DISPOSAL AREA. (FC 2-18-14)
COUNCIL ACTION:  On motion of Councilmember Whitley, second by Mayor Pro Tem Gray, the Council voted unanimously (Councilmember Mosby “Absent”) to approve and numbered ORDINANCE NO. 7436.

B.    BILL NO. 14-26 AN ORDINANCE AUTHORIZING THE EXECUTION OF AN INTERGOVERNMENTAL AGREEMENT FOR SUB-GRADE PREPARATION AND OVERLAY OF 163RD STREET WITH CASS COUNTY, MISSOURI. (PWC 2-18-14)
COUNCIL ACTION:  On motion of Councilmember Hofmann, second by Mayor Pro Tem Gray, the Council voted unanimously (Councilmember Mosby “Absent”) to approve and numbered ORDINANCE NO. 7437.

C.    BILL NO. 14-27 AN ORDINANCE AMENDING CHAPTER 26. STREETS, SIDEWALKS AND OTHER PUBLIC PLACES, ARTICLE I. IN GENERAL, SECTION 26-2. OBSTRUCTIONS, ENCROACHMENTS GENERALLY, OF THE CODE OF ORDINANCES OF THE CITY OF LEE’S SUMMIT, MISSOURI.     (PWC 2-18-14)

5.    PRESENTATIONS:

A.    LCRA Status Annual Update and 291/50 Corridor Status
COUNCIL ACTION:  Presentation only by Keith Asel, Chair of the LCRA.  There appeared to be a general consensus of the Council to direct the LCRA to continue their study in accordance with the land displayed on the map.  


6.    PUBLIC HEARINGS (Legislative):

A.    Public Hearing for the First Amendment to the Lee’s Summit East Amended and Restated Tax Increment Financing Plan.
COUNCIL ACTION:  Following extensive discussion, motion was made by Mayor Pro-Tem Gray, seconded by Councilmember Holland, to TABLE the public hearing until MARCH 20, 2014, and direct Staff to work with the applicant to reach a comfortable number for everyone.  Following additional discussion, the motion passed unanimously (Councilmember Mosby “absent”).    

B.    Public Hearing for the Petition to Add Property to the Summit Fair Community Improvement District, Provide for Costs Related to the Added Property, and Authorize a Sales Tax on the Added Property
COUNCIL ACTION:  Mayor Rhoads opened the public hearing.  On motion of Mayor Pro-Tem Gray, second by Councilmember Cockrell, the Council voted 6 “aye”, 1 ”no” (Councilmember Whitley), 1 “absent” (Councilmember Mosby), to CONTINUE the public hearing until MARCH 20, 2014.  

7.    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.    Rezoning from Pl to PMIX and PRELIMINARY DEVELOPMENT PLAN – Summit Place, 1301 NW Ward Road; Olsson Associates, Inc., applicant. (Appl. #PL2011-119)
COUNCIL ACTION:  Mayor Rhoads opened the public hearing.  On motion of Mayor Pro-Tem Gray, second by Councilmember Cockrell, the Council voted 6 “aye”, 1 ”no” (Councilmember Whitley), 1 “absent” (Councilmember Mosby), to CONTINUE the public hearing until MARCH 20, 2014.  

8.    OTHER BUSINESS:

A.    BILL NO. 14-28  AN ORDINANCE APPROVING THE FIRST AMENDMENT TO THE LEE’S SUMMIT EAST AMENDED AND RESTATED TAX INCREMENT FINANCING PLAN, ADDING PROPERTY TO THE REDEVELOPMENT AREA FOR SUCH PLAN AND TAKING OTHER ACTIONS RELATED TO THE FIRST AMENDMENT TO THE PLAN.
COUNCIL ACTION:  This bill was CONTINUED until MARCH 20, 2014.  

B.    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.
COUNCIL ACTION:  This bill was CONTINUED until MARCH 20, 2014.  

C.    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.
COUNCIL ACTION:  This bill was CONTINUED until MARCH 20, 2014.  

D.    BILL NO. 14-31  AN ORDINANCE APPROVING THE PETITION TO ADD PROPERTY TO THE SUMMIT FAIR COMMUNITY IMPROVEMENT DISTRICT, PROVIDE FOR COSTS RELATED TO THE ADDED PROPERTY AND AUTHORIZE A SALES TAX ON SUCH ADDED PROPERTY.
COUNCIL ACTION:  This bill was CONTINUED until MARCH 20, 2014.  


E.    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.
COUNCIL ACTION:  This bill was CONTINUED until MARCH 20, 2014.  

F.    ADMINISTRATION: Contract with Haynes Benefits for legal services.
NOTE:  This item was pulled from the agenda by Mayor Rhoads.  See “Approval of Agenda”.

9.      COMMITTEE REPORTS (Committee chairs report on matters held in Committee):
    Councilmember Johnson advised there will be a Budget Committee meeting on Monday.  

10.      COUNCIL ROUNDTABLE:
    Councilmember Cockrell questioned the appointment of five members on the Budget Committee.  Mr. Arbo will review.  
    Councilmember Binney recognized and congratulated UCM Jennys on becoming MIAA Champs.  Katie Kelly from Lee’s Summit plays on the team, which is currently ranked #3 in NCAA Division 2.  Also,  the Lee’s Summit Chamber of Commerce has attained a Five-Star Accreditation from the US Chamber of Commerce.  Councilmember Whitley added only two chambers of commerce in Missouri and two in Kansas are nationally accredited.  
    Councilmember Holland mentioned a lawsuit against the City regarding the license plate reader.  According to the newspaper story, the open records request was denied because the documents were related to a negotiated contract and could not be released until the contract was executed.  He wanted to know if the data is being stored by the police or by contract and if the Police Department was moving forward to comply with the City’s ordinance.
    Councilmember Hofmann encouraged councilmembers and the public to attend LS Cares meetings on the issue to legalize marijuana.  She felt the City needs to be prepared if the state passes legalization.
    Mayor Rhoads note the Work Session for next week has been cancelled.  He also mentioned the Emerald Isle parade to be held next weekend, which hopefully means that Spring will be here soon.  
 
11.      STAFF ROUNDTABLE:
    Mr. Arbo requested direction on the TIF issue for Summit Place.  He intends to meet with the developer to determine if there is any movement on their part on the project rate of return.  He felt that individual councilmembers meeting with the developer would be counterproductive.
    Mayor Rhoads thought there was a tremendous disconnect.  
    Developers need certain numbers for their projects and present spreadsheets to the Council.  However, the Council assumes the developer is back filling the numbers, which causes a lot of angst.  This process is not conducive to working in a good system.
    Mr. Arbo stated that part of the problem is a lack of policy and direction for staff to review and for the Council to measure.  Previous Councils were reluctant to create a TIF policy because they wanted to review applications on a case-by-case basis.  Perhaps policies are needed for direction to future applicants.  
    Mayor Pro-Tem Gray suggested the issue be placed on a Work Session agenda and the Council provided with examples of policies from some of the more progressive communities.  Mr. Bushek would be able to provide those examples.  

ADJOURNMENT:  There being no further business, Mayor Rhoads ADJOURNED the March 6, 2014, Regular City Council meeting at 8:55 p.m.

________________________________________
Denise Chisum, MPCC/MMC
City Clerk   


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