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Home » Lee's Summit Council Updates » CITY COUNCIL ACTION LETTER Thursday, November...

CITY COUNCIL ACTION LETTER Thursday, November 15, 2012

REGULAR SESSION NO. 13

6:15 P.M.  Mayor Rhoads called Regular Session No.13 to order.

Invocation – Mayor Rhoads

Roll Call –
Councilmember Rob Binney            Present        Councilmember Kathy Hofmann         Present
Councilmember Dave Mosby          Absent        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 and City Attorney Teresa Williams were also present.

APPROVAL OF AGENDA:  On motion of Councilmember Whitley, second by Mayor Pro Tem Gray, the Council voted unanimously (Councilmember Mosby “Absent”) to approve the published amended agenda.

1.    PUBLIC COMMENTS:    There were no Public Comments.

2.    COUNCIL COMMENTS:    

Councilmember Holland noted an ordinance that was upheld in Manchester, Missouri regarding the picketing of soldiers funerals and he would like the City to look at doing the same type of ordinance.  He also advised he had previously spoken with the City Attorney and was advised they are currently working on drafting an ordinance to do this very thing. He asked this be assigned to a committee for further discussion and review.

Councilmember Holland also stated that the Council was given information regarding the Police Department testing license plate readers.  He would like more information on this practice and to be reviewed for civil liberties and other legalities.  He stated he has reservations about this system, but would like a presentation by Chief Piccinini to provide additional information and asked this to be placed with a committee also.

Councilmember Cockrell stated that he agrees with getting more information on both topics that Councilmember Holland suggested, but would prefer the information come straight to Council and not be directed to a committee.

Councilmember Hoffman agreed with Councilmember Cockrell and would like both items to be brought before the full Council for full disclosure and discussion.

Councilmember Whitley stated that he agreed with the efforts of the Police Department but would also like public input on the license plate scanners.  However, he does not want this to delay the police department and would like a timeline for implementation.

3.    APPROVAL OF CONSENT AGENDA:
COUNCIL ACTION:  On motion of Councilmember Whitley, second by Councilmember Cockrell, the Council voted unanimously (Councilmember Mosby “Absent”) to approve the Consent Agenda as follows:

A.    Approval of the Action Letter for the November 1, 2012 Regular Session.

B.    Mayor's Appointments to Citizen Boards and Commissions:

Land Clearance Redevelopment Authority:  Appoint Ron Williams, to replace Randall Ferguson, term to expire 9-1-14.

LS 360 Implementation Committee:  Appoint Steve Tominia and Machelle Riffe to replace Tony Jose and Mick Mithelavage.

C.    Mayor Pro Tempore’s Appointments to the City Council Ad-Hoc Committee on Capital Improvement Projects to be Considered for a 2013 General Obligation Bond and Lee's Summit Cares.

D.    POLICE DEPARTMENT:
1)    Approval for Type S liquor license for Do Drop Inn, 22 SW 3rd Street.
2)    Approval of Type S liquor license for Sharkeez, 17 SW 3rd Street.
3)    Approval of Type S liquor license for 810 Zone, 1672 NW Chipman Road.

Mayor Rhoads recognized a group of Boy Scouts that were in attendance.

4.    ORDINANCES:

A.    BILL NO. 12-128  AN ORDINANCE AUTHORIZING EXECUTION OF A MEMORANDUM OF UNDERSTANDING REGARDING MASS MEDICATION AND SUPPLIES DISPENSING DURING A PUBLIC HEALTH EMERGENCY BY AND BETWEEN THE CITY OF LEE’S SUMMIT, MISSOURI AND JACKSON COUNTY, MISSOURI BY AND THROUGH THE JACKSON COUNTY HEALTH DEPARTMENT.  (Park Board 10/24/12)
COUNCIL ACTION:  On motion of Councilmember Holland, second by Mayor Pro Tem Gray, the Council voted unanimously (Councilmember Mosby “Absent”) to approve and numbered ORDINANCE NO. 7258.

5.    PRESENTATIONS:

A.    Economic Enterprise Zones.
COUNCIL ACTION:  The Council reached a consensus (Councilmembers Cockrell and Mosby “Absent”) to direct staff to continue in their efforts to establish Economic Enterprise Zones by presenting potential areas and NAICS codes for the City Council's consideration.

6.    PUBLIC HEARINGS:

A.    SPECIAL USE PERMIT for Vehicle Sales, Sinclair of Lee’s Summit, 520 SW 3rd Street, Mike Stanton, applicant. (Appl. #12-099)
(Note:  This item was continued from October 4, 2012 per the applicant’s request.)
COUNCIL ACTION:  On motion of Councilmember Hofmann, second by Mayor Pro Tem Gray, the Council voted unanimously (Councilmembers Cockrell and Mosby “Absent”) to direct staff to DRAFT AN ORDINANCE approving Application #PL2012-099 – Special Use Permit for Vehicle Sales, Sinclair of Lee's Summit, 520 SW 3rd Street; Mike Stanton, applicant, subject to staff's letter dated November 7, 2012, recommendation items 1-4 and 6-10.
On motion of Councilmember Whitley, second by Mayor Pro Tem Gray, the Council voted unanimously (Councilmembers Cockrell and Mosby “Absent”) to amend recommendation item #2 to include a second sentence to read: “ There shall not be more than a total of 10 vehicles displayed outside for sale at any one time.”

B.    UDO Amend. #44 - Amending Articles 13 and 15 regarding regulations for digital billboards; City of Lee’s Summit, applicant.   (Appl. #12-133)
(Note:  This item is to be continued to December 6, 2012 per the applicant’s request.)
COUNCIL ACTION:  On motion of Mayor Pro Tem Gray, second by Councilmember Hofmann, the Council voted unanimously (Councilmembers Cockrell and Mosby “Absent”) to CONTINUE this Public Hearing to a date certain of December 6, 2012, per the applicant’s request.         

7.    OTHER BUSINESS:

A.    Mayor’s Veto of Resolution No. 12-10
COUNCIL ACTION:  On motion of Councilmember Johnson, second by Mayor Pro Tem Gray, the Council voted unanimously (Councilmembers Cockrell and Mosby “Absent”) to adopt the draft resolution to rescind Resolution No. 10-10. (RESOLUTION NO. 12-11)

B.    Lee’s Summit Municipal Airport:

1)    BILL NO. 12-129 AN ORDINANCE AUTHORIZING THE EXECUTION OF A MISSOURI HIGHWAYS AND TRANSPORTATION COMMISSION STATE AIRPORT AID AGREEMENT BY AND BETWEEN THE CITY OF LEE'S SUMMIT, MISSOURI, AND THE MISSOURI HIGHWAYS AND TRANSPORTATION COMMISSION, GRANTING STATE FUNDS IN THE AMOUNT OF $511,484.00 FOR WETLAND MITIGATION FOR RUNWAY 18-36 EXTENSION AT THE LEE’S SUMMIT MUNICIPAL AIRPORT.
COUNCIL ACTION:  On motion of Mayor Pro Tem Gray, second by Councilmember Hofmann, the Council voted 6 “Aye”, 1 “No” (Councilmember Holland), 1 “Absent” (Councilmember Mosby) to approve and numbered ORDINANCE NO. 7259.

2)    BILL NO. 12-130 AN ORDINANCE AUTHORIZING THE EXECUTION OF A MISSOURI HIGHWAYS AND TRANSPORTATION COMMISSION STATE AIRPORT AID AGREEMENT BY AND BETWEEN THE CITY OF LEE'S SUMMIT, MISSOURI, AND THE MISSOURI HIGHWAYS AND TRANSPORTATION COMMISSION, GRANTING STATE FUNDS IN THE AMOUNT OF $13,461.00 FOR WETLAND MITIGATION FOR RUNWAY 18-36 EXTENSION AT THE LEE’S SUMMIT MUNICIPAL AIRPORT.
COUNCIL ACTION:
  On motion of Councilmember Hofmann, second by Mayor Pro Tem Gray, the Council voted 6 “Aye”, 1 “No” (Councilmember Holland), 1 “Absent” (Councilmember Mosby) to approve and numbered ORDINANCE NO. 7260.

3)    Approval of an agreement authorizing the execution of a contract to purchase Wetland Mitigation Credits by and between Swallowtail LLC and the City of Lee’s Summit, Missouri, regarding the Earthwork Project for the Runway 18-36 Extension at the Lee’s Summit Municipal Airport.   
COUNCIL ACTION: 
On motion of Councilmember Whitley, second by Mayor Pro Tem Gray, the Council voted 6 “Aye”, 1 “No” (Councilmember Holland), 1 “Absent”  (Councilmember Mosby) to approve an agreement authorizing the execution of a contract to purchase Wetland Mitigation Credits by and between Swallowtail LLC and the City of Lee’s Summit, Missouri, regarding the Earthwork Project for the Runway 18-36 Extension at the Lee’s Summit Municipal Airport.

4)    BILL NO. 12-131 AN ORDINANCE DETERMINING AND DECLARING THE NECESSITY OF ACQUIRING FOR PUBLIC USE CERTAIN FEE SIMPLE INTERESTS AND AVIGATION EASEMENTS FOR PUBLIC IMPROVEMENTS ASSOCIATED WITH THE AIRPORT RUNWAY EXTENSION PROJECTS 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 HER 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 Binney, second by Mayor Pro Tem Gray,  the Council voted 6 “Aye”, 1 “No” (Councilmember Holland), 1 “Absent”  (Councilmember Mosby) to approve and numbered ORDINANCE NO. 7261.

5)    BILL NO. 12-132 AN ORDINANCE DETERMINING AND DECLARING THE NECESSITY OF ACQUIRING FOR PUBLIC USE CERTAIN RIGHTS-OF-WAY, PERMANENT EASEMENTS AND TEMPORARY CONSTRUCTION EASEMENTS FOR PUBLIC IMPROVEMENTS ASSOCIATED WITH THE STROTHER ROAD RELOCATION 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 HER 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 Whitley, second by Councilmember Hofmann, the Council voted unanimously (Councilmember Mosby “Absent”) to approve and numbered ORDINANCE NO. 7262.

8.    COMMITTEE REPORTS:   

•    Mayor Pro Tem Gray stated that he would like to refer the matters of the Funeral Protest ordinance and License Plate Scanners that Councilmember Holland mentioned in Council comments to the CEDC Committee with the input and support of the Public Safety Advisory Board.

9.    COUNCIL ROUNDTABLE:    

•    Councilmember Gray wanted to reiterate the importance and relativity of committees.  He feels committees allow for additional public input and transparency and to fully vet items before being presented to the full Council. Councilmember Hofmann agreed with the importance of the committee process.

ADJOURNMENT:  There being no further business, Mayor Rhoads ADJOURNED the November 15, 2012, Regular City Council meeting at 9:00 p.m.

9:00 P.M. CLOSED SESSION:  On motion of Councilmember Whitley, second by Mayor Pro Tem Gray, the Council voted unanimously to hold a closed session pursuant to Section 610.021(13) of the Revised Statutes of the State of Missouri.
            
Trisha Whitehead
Deputy City Clerk                                                



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