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CITY COUNCIL ACTION LETTER Thursday, September 6, 2012
REGULAR SESSION NO. 8
5:30 P.M. CLOSED SESSION: On motion of Councilmember Whitley, second by Councilmember Hofmann, the Council voted unanimously (Councilmembers Cockrell and Gray “Absent”) to hold a closed session pursuant to Section 610.021(3) and Section 610.021(9).
6:15 P.M. Mayor Rhoads called Regular Session No.8 to order.
Invocation – Mayor Rhoads
Roll Call –
Councilmember Rob Binney Present Councilmember Kathy Hofmann Present
Councilmember Dave Mosby Present Councilmember Allan Gray Absent
Councilmember Derek Holland Present Councilmember Ed Cockrell Absent
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, second by Councilmember, the Council voted unanimously (Councilmembers Cockrell and Gray “Absent”) to approve the published amended agenda.
1. PUBLIC COMMENTS:
Mr. Bob Boland stated there was a murder on September 12, 1862, which was the murder of Dr. Lee. He wants the citizens to remember that there is a lot of history in Lee’s Summit that makes the city what it is today and the Historical Society would like to remind citizens of our history.
Mr. David Bain asked the Council to consider reviewing the laws regarding keeping chickens within the city limits. After discussion, Council reached a consensus to have no action taken against owners of chickens in Lee’s Summit at this time. The matter will be discussed with the Mayor Pro Tempore to determine Committee assignment for this and reviewing the number of pets allowed within the city limits.
2. COUNCIL COMMENTS:
There were no Council comments.
3. APPROVAL OF CONSENT AGENDA:
COUNCIL ACTION: On motion of Councilmember Whitley , second by Councilmember Hofmann, the Council voted unanimously (Councilmember Cockrell and Gray “Absent”) to approve the Consent Agenda as follows:
A. FINANCE COMMITTEE:
NOTE: The following item was considered by the Finance Committee on August 21, 2012.
Approval of the Execution of the attached License Agreement with American Tower Asset Sub II, LLC and the City of Lee’s Summit for the Lee’s Summit Police Department’s use of Bowlin Road tower facility for communications equipment, subject to the fees and terms contained therein.
B. PUBLIC WORKS COMMITTEE:
NOTE: The following items were considered by the Public Works Committee on August 21, 2012
1) Approval of Change Order No. 2 to the contract with V.F. Anderson Builders, LLC for Patterson Drive, Ash Street and Swann Circle Stormwater Projects (Bid No. 79801-9C); an increase of $45,483.50 for a revised contract amount of $518,581.70.
2) Award of Bid No. 79801-14C Stormwater Improvements - 2504-2506 NW Ashurst Drive to Redford Construction Inc, in the amount of $237,935.00.
C. POLICE DEPARTMENT:
1) Approval of Type C3 liquor license for Pepper Jax Grill, 1720 NW Chipman Road.
2) Approval of Type G3 & K temp liquor license for 810 Zone, 1672 NW Chipman Road.
4. ORDINANCES:
A. BILL NO. 12-98 AN ORDINANCE DECLARING CERTAIN PROPERTY WITHIN THE CITY OF LEE’S SUMMIT, MISSOURI, TO BE BLIGHTED PURSUANT TO THE PROVISIONS OF THE LAND CLEARANCE FOR REDEVELOPMENT AUTHORITY LAW.
COUNCIL ACTION: On motion of Councilmember Binney, second by Councilmember Hofmann, the Council voted unanimously (Councilmembers Cockrell and Gray “Absent”) to approve and numbered ORDINANCE NO. 7228.
B. BILL NO. 12-99 AN ORDINANCE RENEWING THE CITY OF LEE’S SUMMIT’S PROCEDURE FOR DISCLOSURE OF POTENTIAL CONFLICTS OF INTEREST AND SUBSTANTIAL INTERESTS FOR CERTAIN MUNICIPAL OFFICIALS, PURSUANT TO SEC. 2-61 OF THE CODE OF ORDINANCES FOR THE CITY OF LEE’S SUMMIT, MISSOURI.
COUNCIL ACTION: On motion of Councilmember Johnson, second by Councilmember Binney, the Council voted unanimously (Councilmembers Cockrell and Gray “Absent”) to approve and numbered ORDINANCE NO. 7229.
C. BILL NO. 12-100 AN ORDINANCE AMENDING CHAPTER 15. HUMAN RIGHTS, OF THE CODE OF ORDINANCES OF THE CITY OF LEE’S SUMMIT, MISSOURI TO RESTRUCTURE MEMBERSHIP AND DUTIES.
COUNCIL ACTION: On motion of Councilmember Hofmann, second by Councilmember Binney, the Council voted unanimously (Councilmembers Cockrell and Gray “Absent”) to approve and numbered ORDINANCE NO. 7230.
D. BILL NO. 12-101 AN ORDINANCE AUTHORIZING THE EXECUTION OF AN ASSIGNMENT OF LICENSE AGREEMENT BETWEEN G&R DEVELOPMENT, LLC, WOODLAND SHORES HOMES ASSOCIATION, INC., AND THE CITY OF LEE’S SUMMIT, MISSOURI. (PWC 8-21-12)
COUNCIL ACTION: On motion of Councilmember Whitley, second by Councilmember Johnson, the Council voted unanimously (Councilmembers Cockrell and Gray “Absent”) to approve and numbered ORDINANCE NO. 7231.
E. BILL NO. 12-102 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 8-21-12)
COUNCIL ACTION: On motion of Councilmember Holland, second by Councilmember Whitley, the Council voted unanimously (Councilmembers Cockrell and Gray “Absent”) to approve and numbered ORDINANCE NO. 7232.
F. BILL NO. 12-103 AN ORDINANCE AUTHORIZING THE EXECUTION OF AN AGREEMENT BY AND BETWEEN THE CITY OF LEE’S SUMMIT AND THE MISSOURI HIGHWAYS AND TRANSPORTATION COMMISSION FOR MAINTENANCE OF STREET LIGHTS ALONG M-150 HIGHWAY IN THE CITY OF LEE'S SUMMIT. (PWC 8-21-12
COUNCIL ACTION: On motion of Councilmember Mosby, second by Councilmember Hofmann, the Council voted unanimously (Councilmembers Cockrell and Gray “Absent”) to approve and numbered ORDINANCE NO. 7233.
G. BILL NO. 12-104 AN ORDINANCE AMENDING SECTION 28-43. DELAY IN PAYMENT, DIVISION 1. GENERALLY, ARTICLE II. BUSINESS LICENSE TAXES, CHAPTER 28. TAXATION, OF THE CODE OF ORDINANCES OF THE CITY OF LEE’S SUMMIT, MISSOURI, TO COMPLY WITH NEW STATE LAW. (FC 8-21-12)
COUNCIL ACTION: On motion of Councilmember Johnson, second by Councilmember Binney, the Council voted unanimously (Councilmembers Cockrell and Gray “Absent”) to approve and numbered ORDINANCE NO. 7234.
5. PROCLAMATION:
A. September 2012 – Lee’s Summit Symphony Month.
COUNCIL ACTION: No Council Action required.
6. PUBLIC HEARINGS:
A. REZONING from AG to RLL – 3120 & 3140 SW Ward Road; Engineering Solutions, applicant. (Appl. #12-088)
COUNCIL ACTION: On motion of Councilmember Binney, second by Councilmember Mosby, the Council voted unanimously (Councilmembers Cockrell and Gray “Absent”) to direct staff to DRAFT AN ORDINANCE approving Application #PL2012-088 – Rezoning from AG to RLL - 3120 & 3140 SW Ward Road; Engineering Solutions, applicant, subject to staff’s letter dated August 29, 2012.
B. PRELIMINARY DEVELOPMENT PLAN – Hearthview at New Longview Apartments; Brookview Properties II, LLC, applicant. (Appl. #12-046)
(Note: This application was CONTINUED from July 19 and August 16, 2012 per the applicant’s request. The Applicant has requested this application be CONTINUED to October 4, 2012.)
COUNCIL ACTION: On motion of Councilmember Binney, second by Councilmember Mosby, the Council voted unanimously (Councilmembers Cockrell and Gray “Absent”) to CONTINUE this Public Hearing to a date certain of October 4, 2012.
C. PRELIMINARY DEVELOPMENT PLAN – Hy-Vee Gas Station, 920 NE Langsford Road; Hy-Vee, applicant. (Appl. #12-083)
COUNCIL ACTION: On motion of Councilmember Johnson, second by Councilmember Mosby, the Council voted unanimously (Councilmembers Cockrell and Gray “Absent”) to to CONTINUE this Public Hearing to a date certain of September 20, 2012.
D. Establish the 2012 Tax Levy for the City of Lee’s Summit, Jackson and Cass Counties, Missouri.
COUNCIL ACTION: This was public hearing for information and discussion only. The formal presentation of the ordinance will be presented to Council at the September 20, 2012 City Council meeting.
7. OTHER BUSINESS:
A. Funding recommendation regarding the grant of $61,250.35 to the Lee's Summit Missouri Municipal Building Authority (LSMMBA) for the purpose of satisfying all remaining legal obligations.
COUNCIL ACTION: On motion of Councilmember Mosby, second by Councilmember Binney, the Council voted unanimously (Councilmembers Cockrell and Gray “Absent”) to direct Staff to prepare a budget amendment assigning funds from the three identified sources, Fire Department Accreditation savings; City-Wide Citizen Survey savings; and, savings from Police Department vacancies, to pay for the grant of $61,250.35 to Lee's Summit Missouri Municipal Building Authority for the purpose of satisfying the Authority's outstanding legal obligations.
B. Funding recommendation regarding the implementation of the Community Brand Strategy in the amount of $260,000 for a 20-month period.
COUNCIL ACTION: On motion of Councilmember Binney, second by Councilmember Hofmann, the Council voted (Councilmembers Cockrell and Gray “Absent”) to direct staff to determine performance metrics for this program and develop Public Service Agreements with the Lee’s Summit Chamber of Commerce and the Economic Development Council.
8. COMMITTEE REPORTS:
• Councilmember Johnson advised there will be a Environmental and Natural Resources meeting tomorrow, Friday, September 7, 2012 at 3:45pm.
9. ROUNDTABLE:
• Councilmember Binney recognized Mr. Arbo and Councilmember Johnson’s birthdays.
• Councilmember Whitley recognized the citizen concerns regarding the maintenance of M-150 Highway and has forwarded concerns to the appropriate departments with the state.
• Councilmember Hofmann stated there were no streetlights at 2nd Street and Grand and would like staff to look in to this.
• Mayor Rhoads advised this weekend is the City’s annual Chilifest.
ADJOURNMENT: There being no further business, Mayor Rhoads ADJOURNED the September 6, 2012, Regular City Council meeting at 8:41 p.m.
Trisha Whitehead
Deputy City Clerk
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