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CITY COUNCIL ACTION LETTER Thursday, September 20, 2012
REGULAR SESSION NO. 9
5:30 P.M. CLOSED SESSION: On motion of Councilmember Whitley, second by Councilmember Binney, the Council voted unanimously to hold a closed session pursuant to Section 610.021(1) of the Revised Statutes of the State of Missouri.
6:15 P.M. Mayor Rhoads called Regular Session No.9 to order.
Invocation – Mayor Rhoads
Roll Call –
Councilmember Rob Binney Present Councilmember Kathy Hofmann Present
Councilmember Dave Mosby Present 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 Binney, second by Mayor Pro-Tem Gray, the Council voted unanimously to approve the published agenda.
1. PUBLIC COMMENTS:
There were no Public comments.
2. COUNCIL COMMENTS:
Mayor Pro-Tem Gray recognized the 2013 No Tax Increase Bond issue and invited community involvement with the proposed projects. Mayor Pro-Tem Gray asked for Council consensus to proceed.
3. APPROVAL OF CONSENT AGENDA:
COUNCIL ACTION: On motion of Councilmember Whitley, second by Councilmember Binney, the Council voted unanimously to approve the Consent Agenda as follows:
A. MAYOR’S APPOINTMENTS: Livable Streets Advisory Board: Appoint Lawrence Michael Barnett to fill vacancy, term to expire 2-17-14.
POLICE DEPARTMENT: Approval of a patio addition to the existing G3 & K liquor licenses for Bullfrog's Bar & Grill, 320 SW Blue Parkway.
4. ORDINANCES:
A. BILL NO. 12-105 AN ORDINANCE GRANTING A CHANGE IN ZONING CLASSIFICATION FROM AG TO RLL, LAND LOCATED AT 3120 & 3140 SW WARD ROAD, ALL IN ACCORDANCE WITH THE PROVISIONS OF UNIFIED DEVELOPMENT ORDINANCE NO. 5209 FOR THE CITY OF LEE'S SUMMIT, MISSOURI. (Appl. #12-088)
COUNCIL ACTION: On motion of Councilmember Binney, second by Mayor Pro-Tem Gray, the Council voted unanimously to approve and numbered ORDINANCE NO. 7235.
B. BILL NO. 12-106 AN ORDINANCE AMENDING CERTAIN SECTIONS OF ARTICLE VII PORTABLE STORAGE CONTAINERS AND ROLL-OFF TRASH CONTAINERS; CHAPTER 16, LEE’S SUMMIT PROPERTY MAINTENANCE CODE; OF THE CODE OF ORDINANCES OF THE CITY OF LEE’S SUMMIT, MISSOURI TO AMEND THE DURATION OF ROLL-OFF TRASH CONTAINERS ON RESIDENTIAL PROPERTIES.
COUNCIL ACTION: On motion of Mayor Pro-Tem Gray, second by Councilmember Binney, the Council voted unanimously to approve and numbered ORDINANCE NO. 7236.
C. BILL NO. 12-107 AN ORDINANCE SETTING THE TAX LEVY FOR THE YEAR 2012 FOR THE CITY OF LEE'S SUMMIT, CASS AND JACKSON COUNTIES, MISSOURI .
COUNCIL ACTION: On motion of Councilmember Hofmann, second by Councilmember Binney, the Council voted 6 “Aye”, 2 “No” (Councilmembers Cockrell and Johnson) to approve and numbered ORDINANCE NO. 7237.
D. BILL NO. 12-108 AN ORDINANCE AUTHORIZING THE EXECUTION OF THE FIRST AMENDMENT TO THE DEVELOPMENT AGREEMENT BETWEEN TOP STAR LLC AND THE CITY OF LEE'S SUMMIT, MISSOURI, FOR THE EXECUTIVE LAKES CENTER DEVELOPMENT.
COUNCIL ACTION: On motion of Councilmember Mosby, second by Mayor Pro-Tem Gray, the Council voted unanimously to approve and numbered ORDINANCE NO. 7238.
5. PUBLIC HEARINGS:
A. PRELIMINARY DEVELOPMENT PLAN – Hy-Vee Gas Station, 920 NE Langsford Road; Hy-Vee, applicant. (Appl. #12-083)
(Note: This application was continued from the September 6, 2012 Regular Session per the applicants request.)
COUNCIL ACTION: On motion of Councilmember Johnson, second by Councilmember Mosby, the Council voted 4 “Aye” (Councilmembers Johnson, Holland, Mosby and Gray), 4 “No” (Councilmembers Binney, Hofmann, Cockrell and Whitley). Mayor Rhoads voted “No”. Motion failed.
On motion of Councilmember Binney, second by Councilmember Hofmann, the Council voted 6 “Aye”, 1 “No” (Councilmember Holland) to direct staff to PRESENT AN ORDINANCE approving Application #PL2012-083 – Preliminary Development Plan – Hy-Vee Gas Station, 920 NE Langsford Road; Hy-Vee, applicant, subject to staff’s letter dated September 12, 2012 as amended.
6. PRESENTATIONS:
A. Final Report from the Cultural Arts Facility Task Force.
COUNCIL ACTION: No Council Action required.
7. OTHER BUSINESS:
A. BILL NO. 12-109 AN ORDINANCE APPROVING A PRELIMINARY DEVELOPMENT PLAN ON LAND LOCATED AT 920 NE LANGSFORD ROAD, IN DISTRICT CP-2, PROPOSED HY-VEE GAS STATION, ALL IN ACCORDANCE WITH THE PROVISIONS OF THE UNIFIED DEVELOPMENT ORDINANCE FOR THE CITY OF LEE'S SUMMIT, MISSOURI. (Appl. #12-083)
COUNCIL ACTION: On motion of Councilmember Whitley, second by Mayor Pro-Tem Gray, the Council voted 7 “Aye”, 1 “No” (Councilmember Holland) to approve and numbered ORDINANCE NO. 7239.
B. BILL NO. 12-110 AN ORDINANCE ESTABLISHING PROCEDURES FOR CONDUCT OF BUSINESS OF THE CITY COUNCIL STANDING COMMITTEES IN COMPLIANCE WITH SECTION 6.1(B) OF THE CITY CHARTER OF THE CITY OF LEE’S SUMMIT, MISSOURI; AND REPEALING ALL ORDINANCES IN CONFLICT HEREWITH.
COUNCIL ACTION: On motion of Councilmember Johnson, second by Mayor Pro-Tem Gray, the Council voted 6 “Aye”, 2 “No” (Councilmembers Cockrell and Hofmann), 1 “Abstain” (Councilmember Binney) to approve and numbered ORDINANCE NO. 7240.
C. PROCUREMENT DEPARTMENT: Award of Bid No. 2013-008 for a one-year contract with two possible one-year contract renewals for Petroleum Products for various City Departments to Universal Lubricants, LLC.
COUNCIL ACTION: After lengthy discussion, on motion of Councilmember Whitley, second by Mayor Pro Tem Gray, the Council voted unanimously (Councilmember Johnson away from table) to award Bid No. 2013-008 for a one-year contract with two possible one-year contract renewals for Petroleum Products for various City Departments to Universal Lubricants, LLC.
D. Presentation by City Manager, Stephen Arbo, regarding his July 2012 Sabbatical in Barcelona, Spain.
COUNCIL ACTION: This presentation was postponed to a later date.
8. COMMITTEE REPORTS:
• Councilmember Whitley advised the Finance Committee was given information on the General Fund and the current balance and there will further information provided to the full Council at a later date.
• Councilmember Mosby advised the Community and Economic Development Committee (CEDC) had a good presentation regarding economic development in Lee’s Summit and this discussion will continue for the CEDC next week.
9. ROUNDTABLE:
• Councilmember Whitley noted a letter to the LS Journal regarding sidewalks in Raintree Lake and advised that the sidewalks are being paid for by dues paid to the Raintree Lake Homeowners Association.
• Councilmember Binney attended a football game this past weekend at the University of Missouri that had starting players from 3 of the Lee’s Summit High Schools.
• Councilmember Hofmann reminded citizens there will be an open forum meeting for District 1 this Saturday, at City Hall.
• Councilmember Gray advised the City of Lee’s Summit was well represented at the Missouri Municipal League meeting held earlier this week and thanked Ms. Denise Chisum, City Clerk, for her contribution to this organization.
ADJOURNMENT: There being no further business, Mayor Rhoads ADJOURNED the September 20, 2012, Regular City Council meeting at 10:25 p.m.
Trisha Whitehead
Deputy City Clerk
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