City Council Agendas

BLUE SPRINGS CITY COUNCIL MEETING February 19, 2013 6:30p.m. Multipurpose Room of Howard L. Brown Public Safety Facility 1100 SW Smith Street Blue Springs, Missouri PLEASE NOTE: Anyone wishing to address the Mayor and Council, either in a Public Hearing or in the Visitors Section of the Agenda, must fill out a Speaker’s Appearance Form. Forms are located at the entrance door of the Multipurpose Room. After completion, the form is to be given to the Deputy City Administrator. 1. Call meeting to order 2. Pledge of Allegiance 3. Consent Agenda • All matters under Item 3, Consent Agenda, are considered to be routine by the City Council and will be enacted by one motion in the form listed below. There will be no separate discussion of these items. If discussion is desired, that item will be removed from the Consent Agenda and will be considered separately. a. Approve minutes of February 4 Council meeting b. Adopt Resolution No. 10-2013 amending a contract with Tyler Technologies, Inc. for implementation of a new version of the Energov Software c. Adopt Resolution No. 11-2013 approving an agreement with Wil-Pav, Inc. for the CDBG Vesper Street sidewalk d. Adopt Resolution No. 12-2013 approving an agreement with Superior Bowen Asphalt Company, L.L.C. for the 2013 Street Program (CIP ST-06) e. Adopt Resolution No. 13-2013 approving a contract amendment with McGladrey LLP for certification of tax increment financing project costs 4 Presentation – Audit report 5. Introduction and readings – Bill No. 4248 amending Sections 605.070 and 605.140 changing the penalties for occupational licenses and occupational taxes not paid for on time 6. Presentation- Community Center Feasibility Study 7 Mayoral Announcements • Thoughts to Ponder 8. Visitors 9. Executive Session – to discuss possible real estate issues pursuant to Section 610.021(2) of the Revised Statues of Missouri 10. Adjournment Miscellaneous Items Congressman Graves’ mobile office- February 20, 9:00 a.m., East Conference Room of City Hall, 903 W Main Chamber of Commerce Luncheon - ‘State of the City’ address - February 21, 11:30 a.m., Adams Pointe Conference Center, 1400 NE Coronado Drive Blue Springs Public Art Commission – Thursday, February 21, 3:30 p.m., East Conference Room of City Hall, 903 W Main Planning Commission- February 25, 6:30 p.m., Multipurpose Room of Howard L. Brown Public Safety Building, 110 SW Smith Solid Waste Management Commission- February 27, 6:30 p.m., East Conference Room of City Hall, 903 W Main City Council- March 4, 6:30 p.m., Multipurpose Room of Howard L. Brown Public Safety Building, 1100 SW Smith  City of Blue Springs Memorandum Office of Administration TO: Mayor, City Council, Department Directors, and Press FROM: Eric Johnson City Administrator DATE: February 14, 2013 SUBJECT: Agenda Explanations Item 3b – Resolution amending contract with Tyler Technologies, Inc. for implementation of new version of Energov Software Resolution is an amendment to the Master Customer Agreement with Tyler Technologies, Inc., as successor-in-interest to Energov Solutions, LLC for implementation services of the newest version of Energov Software. Refer to the Council Information Form from Scott Allen, Community Development Director, for further information. Item 3c- Resolution approving an agreement with Wil-Pav, Inc. for the CDBG Vesper Street Sidewalk Resolution will approve an agreement with Wil-Pav, Inc. for the CDBG Vesper Street sidewalk project. The project is funded through HUD’s CDBG Community Development Block Grant program. Refer to the Council Information Form from Jeff Sell, Public Works Engineering Manager, for further information. Item 3d – Resolution approving agreement with Superior Bowen Asphalt Company, L.L.C. for the 2013 Street Program (CIP ST-06) Resolution will approve an agreement with Superior Bowen Asphalt Company, L.L.C. for the 2013 Street Program (CIP ST-06) and sidewalk repair and maintenance, CIP ST-44 in the amount of $2,500,027.41. The City has overlaid 104 miles in five years; this repair program should take the total to 117 miles. Refer to the Council Information Form from Jeff Sell, Public Works Engineering Manager, for further information. Item 3e- Resolution approving a contract amendment with McGladrey LLP for certification of the tax increment financing project costs Resolution will approve a contract amendment with McGladrey LLP for certification of tax increment financing project costs. It will amend the five year professional auditing services agreement with McGladrey LLP for the certification of costs associated with the City’s Tax Increment Financing (TIF) projects. Refer to Council Information Form from Karen Van Winkle, Director of Finance, for further information. Item 4 - Presentation - Audit report The auditors from McGladrey LLP will make a presentation on their audit findings of the City’s financial condition for the fiscal year ending Sept. 30, 2012. Item 5 - Bill amending Occupational Licenses penalties Bill will amend the penalty on delinquent business licenses and occupational taxes. It will also clarify that the application is also the return on which the license tax is based. These changes to the ordinance are being done to conform to state law. Refer to Council Information Form from Bob McDonald, City Attorney, for further information. February 14, 2013 Page 2 Item 6 - Presentation- Community Center Feasibility Study The architects from SFS Architecture will make a presentation on a study related to the possibility of construction of a Community Recreation/Natatorium Center. Council gave permission to conduct the study in October, 2012. The presentation will give the current status of the study prior to the final presentation in April. The presentation will include the survey, business plan, public meetings, high school engagement and site selection.  Not Approved CITY OF BLUE SPRINGS, MISSOURI MINUTES OF COUNCIL MEETING FEBRUARY 4, 2013 A meeting of the City Council of the City of Blue Springs, Missouri, was held Monday, February 4, 2013, 6:30 p.m. in the Multipurpose Room of the Howard L. Brown Public Safety Facility, 1100 SW Smith Street, with Mayor Carson Ross presiding. COUNCILMEN Jeff Quibell Dale Carter IN ATTENDANCE Chris Lievsay Kent Edmondson Ron Fowler Grant Bowerman Also present were City Administrator Eric Johnson, City Attorney Bob McDonald and City Clerk Kathy Richardson CALL MEETING Mayor Ross called the City Council meeting to order. TO ORDER PLEDGE OF The Mayor held a moment of silence then led the audience in the Pledge of ALLEGIANCE Allegiance. MAYOR Mayor Ross gave a brief recap of the meeting agenda and explained the COMMENTS Consent Agenda. Mayor Ross announced that the Executive Session listed on tonight’s agenda will not be held. APPROVE CITY Councilman Edmondson moved to approve the minutes of the January 22, COUNCIL MINUTES 2013 Council meeting. Motion seconded by Councilman Lievsay and carried with the following votes: Quibell – Aye Carter – Aye Lievsay – Aye Edmondson – Aye Fowler – Aye Bowerman – Aye APPROVE Councilman Edmondson moved to approve Shirl Quick to the Historic HISTORIC Preservation Commission. Motion seconded by Councilman Lievsay and PRESERVATION carried with the following votes: APPOINTMENT Quibell - Aye Carter - Aye Lievsay – Aye Edmondson – Aye Fowler – Aye Bowerman – Aye APPROVE Councilman Edmondson moved to approve the addition of Sunday sales for SUNDAY SALES MO-Jo’s Bar & Grill LLC dba Mo-Jo’s Bar & Grill to the existing MO-JO’S BAR & GRILL restaurant/bar liquor license. Mo-Jo’s Bar & Grill is located at 1513 SW 7 LIQUOR LICENSE Highway, Blue Springs, MO. Motion seconded by Councilman Lievsay and carried with the following votes: Quibell - Aye Carter - Aye Lievsay – Aye Edmondson – Aye Fowler – Aye Bowerman – Aye  Not Approved COUNCIL MINUTES February 4, 2013 PAGE 2 ADOPT RESOLUTION - Councilman Edmondson moved to adopt Resolution No. 06-2013 awarding NO. 06-2013 agreements with four artists to provide art for the 2013 temporary exhibit 2013 TEMPORARY ART entitled “Evolve”. Motion seconded by Councilman Lievsay and carried with EXHIBIT “EVOLVE” the following votes: Quibell- Aye Carter- Aye Lievsay- Aye Edmondson- Aye Fowler – Aye Bowerman – Aye ADOPT RESOLUTION - Councilman Edmondson moved to adopt Resolution No. 07-2013 approving a NO. 07-2013 contract with the City of Blue Springs and OATS, Inc. for transportation OATS CONTRACT FOR services for senior riders and disabled riders ages 18-59 in Blue Springs. TRANSPORTATION Motion seconded by Councilman Lievsay and carried with the following votes: SERVICES Quibell - Aye Carter- Aye Lievsay – Aye Edmondson- Aye Fowler – Aye Bowerman – Aye ADOPT RESOLUTION - Councilman Edmondson moved to adopt Resolution No. 08-2013 approving NO. 08-2013 an agreement with the City of Independence, Missouri and the City of Blue SEWER SERVICE Springs, Missouri for sewer service billing. Motion seconded by Councilman BILLING AGREEMENT Lievsay and carried with the following votes: Quibell - Aye Carter- Aye Lievsay – Aye Edmondson- Aye Fowler – Aye Bowerman – Aye ADOPT RESOLUTION - Councilman Edmondson moved to adopt Resolution No. 09-2013 approving NO. 09-2013 selection services of Gould Evans P.A. Consulting Services for the 2013 GOULD EVANS Comprehensive Plan and Unified Development Code update. Motion seconded CONSULTING SERVICES by Councilman Lievsay and carried with the following votes: 2013 COMPREHENSIVE PLAN & UDC UPDATE Quibell - Aye Carter- Aye Lievsay – Aye Edmondson- Aye Fowler- Aye Bowerman- Aye PRESENTATION- Mr. Britt Palmberg of Design Workshop presented an update on the planning 40 HWY CORRIDOR process of the 40 Hwy Corridor Plan. His presentation included an update on PLAN the project process to date, future key land use options and ideas for 40 Highway and the 40 Highway corridors. Through a federal TIGER grant and MARC’s Creating Sustainable Places program, MARC hired Design Workshop and their team to produce a corridor plan for 40 Highway. He reviewed the next steps for the 40 Highway Corridor Plan that includes multiple jurisdictions and potential Pilot Projects along 40 Highway that will develop conceptual plans for three key intersections along the corridor: Prospect, Noland Road, and Adams Dairy Parkway. The work will assess the impact of the plans on economic development, social equity and the environment. The corridor is one of six selected because they are all part of the Smart Moves regional transit plan and a key focus of other transit investments, including federal TIGER grants. A final public meeting on 40 Highway will be held in March.  Not Approved COUNCIL MINUTES February 4, 2013 PAGE 3 COUNCIL DISCUSSION Councilman Carter said he served on the Light Rail Committee for the last two years and has learned of what the impact the light rail could be for the community. He said buses are cheaper but no one rides, where the light rail spurs development including housing, and he indicated that we may see a ballot initiative come out of the discussions. In this committee they looked at two rail stations, with one of the stations being downtown which would help the area develop. Eric Johnson, City Administrator, said he liked the idea of the concept of the parkway on 40 Highway and is pleased that MARC is studying this corridor. He said Council initiated standards to enclose some ditches and do some landscaping for 40 Highway near 7 Highway beginning approximately twenty years ago. Mr. Johnson stated this plan would require a lot of clean up on some of these properties and asked if in this analysis there was a true market for economic development for some of these long-term uses. He questioned if a mixed use development, such as on Metcalf, would work in this economic climate. Councilman Lievsay said there are several locations that are part of the corridor and asked why areas such as 7 Highway and Woods Chapel Road were not included in the plan and why the shift was to Adams Dairy Parkway. Scott Allen, Director of Community Development, said plans for 40 & Noland Road could be translated to 40 & 7 Highways; that the committee looked at four nodes and what they could get from each of those nodes that would translate to other areas in the corridor. Councilman Bowerman questioned Chris Sandie, Interim Public Works Director, on what would happen to the Public Works facility if this plan were developed into single-family homes on the current Public Works site. MAYORAL 1. The ‘State of the City’ address by the Mayor will be held at the ANNOUNCEMENTS Chamber of Commerce luncheon on Thursday, February 21 at Adams Pointe Conference Center. 2. February is Black History Month. The Mayor gave a brief synopsis on Carter G. Woodson who was born in 1875 in New Canton, VA. He was one of the first African Americans to receive a doctorate from Harvard. Woodson dedicated his career to the field of African- American history and lobbied extensively to establish Black History Month as a nationwide institution. He also wrote many historical works, including the 1933 book The Mis-Education of the Negro. He died in 1950. Thoughts to Ponder: “I have learned over the years that when one’s mind is made up, this diminishes fear.” – Rosa Parks (celebrating her 100th birthday today). “We should emphasize not Negro History, but the Negro in history. What we need is not a history of selected races or nations, but the history of the world void of national bias, race hate, and religious prejudice.” – Carter Woodson ADJORNMENT At 7:25 p.m. there was no further business to come before the Council; Councilman Edmondson moved the meeting be adjourned. Motion seconded by Councilman Bowerman and carried with the following votes: Lievsay- Aye Edmondson- Aye  Not Approved COUNCIL MINUTES February 4, 2013 PAGE 4 Fowler – Aye Bowerman – Aye Carter – Aye Quibell – Aye _____________________________________ ATTEST: Carson Ross, Mayor ______________________________ Kathy Richardson, City Clerk M002042013  Council Meeting Date: 2/19/2013 Agenda Item # 3b Page 1 of 2 CITY OF BLUE SPRINGS CITY COUNCIL INFORMATION FORM DATE: February 5, 2013 SUBMITTED BY: Scott Allen DEPARTMENT: Community Development Ordinance Resolution Presentation Public Hearing Agreement Discussion Rezoning Other ISSUE/REQUEST Amendment to the Master Customer Agreement with Tyler Technologies, Inc., as successor-in- interest to Energov Solutions, LLC for implementation services of the newest version of Energov Software. BACKGROUND/EXPLANATION Community Development Planning and Codes Divisions and the Business License Division of the Finance Department currently use Energov Software to process Planning Cases, Permits & Inspections, Codes Violations and Business Licenses. The version of the software which is currently in use was designed to run on individual desktops and has been redesigned to execute on a new architecture which is accessed though an Internet browser. This re-design requires a reconfiguration of department workflows, reports and End-User and Administrative Training as detailed in the attached Amendment to Master Customer Agreement. There will also be an increase in the quarterly software support and maintenance fees after the successful migration to the new version. Phase 1 of the amendment to the contract is being implemented at this time. Phase 2 is included in the amendment as an option and to firm up the price if a decision to implement it is made later. JUSTIFICATION Energov Enterprise includes many enhancements which will allow for easier tracking and coordination between department divisions to streamline the Planning, Permitting and Licensing process. The Amendment to the Contract also includes the implementation of the Citizen Access Portal for Land Management which will allow contractors, developers and applicants access to their plan, permit or inspection information over the Internet. FINANCIAL IMPACT Contractor: Tyler Technologies, Inc., as successor-in-interest to Energov Solutions, LLC Amount of Request/Contract: $34,900 Amount Budgeted: $34,900 Rev 03/01/2012  Council Meeting Date: 2/19/2013 Agenda Item # 3b Page 2 of 2 Funding Source/Account Number: 100.12590.530100.000 Additional Funds Needed: Funding Source/Account Number: Tax Impact/Analysis: Abatement/Incentives: Escrow: PROJECT TIMELINE Estimated Start Date Estimated End Date March 2013 June 2013 STAFF RECOMMENDATION Staff recommends the approval of the Amendment to the Master Customer Agreement with Tyler Technologies, Inc., as successor-in-interest to Energov Solutions, LLC, 2160 Satellite Blvd., Suite 300, Duluth, Georgia 30097 in the amount of $34,900 for Phase 1. OTHER BOARDS & COMMISSIONS ASSIGNED Name of Board or Commission: Date: Action: LIST OF REFERENCE DOCUMENTS ATTACHED 1. Resolution with proposed Contract Amendment attached. IF CONTRACT REQUIRED: 1. E-Verify Affidavits Required? Yes 2. Contract/Affidavits Executed? Yes/Yes REVIEWED BY Requesting Director: Finance: Scott Allen PW/Engineering: Legal: City Administrator: Other: Rev 03/01/2012 Introduced by Councilman Resolution No. 10-2013 RESOLUTION A RESOLUTION AMENDING A CONTRACT WITH TYLER TECHNOLOGIES, INC. FOR IMPLEMENTATION OF A NEW VERSION OF THE ENERGOV SOFTWARE WHEREAS, the City of Blue Springs desires to provide the best service to its Citizens and the development community; and WHEREAS, the City of Blue Springs desires to use the most up-to-date version of the Community Development software provided by Tyler Technologies, Inc. as successor-in-interest to EnerGov Solutions, LLC; and WHEREAS, the Community Development Department has received a proposal for implementation services and now recommends that we amend the contract with Tyler Technologies, Inc. (“Tyler”) a Delaware corporation with offices at 2160 Satellite Blvd., Suite 300, Duluth, Georgia 30097, for work based on scope of services in the amount of $34,900. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BLUE SPRINGS, MISSOURI, as follows: 1. The City Administrator has the authority and is hereby authorized to enter into a contract with Tyler Technologies, Inc., 2160 Satellite Blvd., Suite 300, Duluth, Georgia 30097, for Implementation Services titled an Amendment to the Master Customer Agreement. A copy of the proposed amendment and the original contract are attached hereto as Exhibit “A” and are incorporated herein. 2. City Staff is directed to perform all tasks necessary to implement said agreement. PASSED by the City Council of the City of Blue Springs, Missouri, and approved by the Mayor of Blue Springs, this 19th day of February, 2013. CITY OF BLUE SPRINGS _________________________ Carson Ross, Mayor ATTEST: ________________________________ Kathy Richardson, City Clerk Energov2/19/13 "Exhibit A" "Exhibit A" "Exhibit A" "Exhibit A" "Exhibit A" "Exhibit A" "Exhibit A" "Exhibit A" "Exhibit A" "Exhibit A" "Exhibit A" "Exhibit A" "Exhibit A" "Exhibit A" "Exhibit A" "Exhibit A" "Exhibit A" "Exhibit A"  Council Meeting Date: 2/19/ 2013 Agenda Item #: 3c Page 1 of 2 CITY OF BLUE SPRINGS CITY COUNCIL INFORMATION FORM DATE: __February 19, 2013__________ SUBMITTED BY: Jeff Sell_______________ DEPARTMENT: Engineering Ordinance Resolution Presentation Public Hearing Agreement Discussion Rezoning Other ISSUE/REQUEST Award of the contract to Wil-Pav, Inc., for the CDBG Vesper Street Sidewalk project in the amount of $89,694.00. BACKGROUND/EXPLANATION Staff advertised in the Kansas City Star, as well as plan rooms of the Bid Ocean, Builders Association, Datafax, ePlan, Reed Construction Data, McGraw-Hill Dodge Reports, and, and MO 1SqFt. Bids were received from ten contractors: Wil-Pav, Inc. $89,694.00 Tandem Paving Co., Inc. $104,952.73 Amino Brothers Co., Inc. $113,788.00 National Streetscrape, Inc. $122,109.00 Realm Construction, Inc. $132,165.25 William White & Sons $134,759.00 Freeman Concrete Construction, LLC $137,500.80 Lan-Tel $141,188.00 Terry Snelling Construction, Inc. $142,774.80 Precision Construction $206,999.00 Engineer’s Estimate: $142,932.00 JUSTIFICATION This project is funded through HUD’s CDBG (Community Development Block Grant) program, a federal program that funds local community development projects that benefit low-to-moderate income people. The CDBG Annual Action Plan details the continuation of the current infrastructure upgrades in the core of the city. The sidewalk projects for the upcoming year were approved for funding in the current Annual Action Plan.  Council Meeting Date: 2/19/ 2013 Agenda Item #: 3c Page 2 of 2 FINANCIAL IMPACT Contractor: Wil-Pav, Inc. Amount of Request/Contract: $89,694.00 Amount Budgeted: $ Funding Source/Account Number: 310.72000.543110.845 Additional Funds Needed: N/A Tax Impact/Analysis: N/A Abatement/Incentives: N/A Escrow: N/A PROJECT TIMELINE Estimated Start Date Estimated End Date Spring 2013 Summer 2013 STAFF RECOMMENDATION Public Works Engineering staff recommends that the City of Blue Springs award the contract in the amount of $89,694.00 to: Wil-Pav, Inc. 12900 E. Kentucky Road Sugar Creek, MO 64050 OTHER BOARDS & COMMISSIONS ASSIGNED Name of Board or Commission: N/A Date: Action: LIST OF REFERENCE DOCUMENTS ATTACHED 1. Resolution with Contract attached as Exhibit A IF CONTRACT REQUIRED: 1. E-Verify Affidavits Required? Yes 2. Contract/Affidavits Executed? No/Yes REVIEWED BY Requesting Interim Director: Finance: Chris Sandie City Administrator: Legal: Introduced by Councilman Resolution No. 11 -2013 RESOLUTION A RESOLUTION APPROVING AN AGREEMENT WITH WIL-PAV, INC. FOR THE CDBG VESPER STREET SIDEWALK WHEREAS, OSHA requirements under Section 292.675, R.S.Mo. 2009, require: a. Any contractor for any public body for purposes of construction of public works and any subcontractor (any person entering into a subcontract with a contractor for construction of public works which employs "on-site employees" for purposes of completion of the contract) to such contractor shall provide a ten-hour Occupational Safety and Health Administration (OSHA) construction safety program for their on-site employees which includes a course in construction safety and health approved by OSHA or a similar program approved by the department which is at least as stringent as an approved OSHA program, unless such employees have previously completed the required program. All employees who have not previously completed the program are required to complete the program within sixty days of beginning work on such construction project. b. Any employee found on a work site subject to this section without documentation of the successful completion of the required course shall be afforded twenty days to produce such documentation before being subject to removal from the project. c. The contractor to whom the contract is awarded and any subcontractor under such contractor shall require all on-site employees to complete the above referenced ten-hour training program or such employees must hold documentation of prior completion of the program. Said contractor and subcontractor(s) shall comply with Section 292.675, R.S.Mo. 2009, in all respects as required in relation to work done pursuant to this contract. d. The contractor shall forfeit as a penalty to the public body on whose behalf the contract is made or awarded, two thousand five hundred dollars plus one hundred dollars for each employee employed by the contractor or subcontractor, for each calendar day, or portion thereof, such employee is employed without the required training. The penalty shall not begin to accrue until the time period referenced in subparagraphs a and b above have elapsed. e. The public body awarding the contract shall withhold and retain therefrom all sums and amounts due and owing as a result of any violations of this section when making payments to the contractor under the contract. The contractor may withhold from any subcontractor sufficient sums to cover any penalties the public body has withheld from the contractor resulting from the subcontractor's failure to comply with the terms of this section. If the payment has been made to the subcontractor without withholding, the contractor may recover the amount of the penalty resulting from the fault of the subcontractor in an action maintained in the circuit court in the county in which the public works project is located from the subcontractor. VesperSidewalk2/19/13  f. “On-site employees” are defined as laborers, workmen, drivers, equipment operators, and craftsmen employed by contractors and subcontractors to be directly engaged in construction at the site of the public works. "Directly engaged in construction" shall mean work performed in the actual erection of the structure or completion of the improvement constituting the public works. In addition, employees working at a nearby or adjacent facility used by the contractor or subcontractor for construction of the public works shall be deemed "on-site employees." Persons engaged solely in the transportation of materials, fuel, or equipment to the site of the public works shall not be deemed to be "directly engaged in construction;” and WHEREAS, Not less than the prevailing hourly rate of wages for work of a similar character in this locality, as established and amended at any time by the Department of Labor and Industrial Relations of the State of Missouri, shall be paid to all workers performing work under this Agreement; and WHEREAS, the Public Works Department advertised the project on January 6, 2013 in the Kansas City Star, as well as plan rooms of the Bid Ocean, Builders Association, Datafax, ePlan, Reed Construction Data, McGraw-Hill Dodge Reports, and, and MO 1SqFt, and received ten bids; and WHEREAS, the Public Works staff recommends the contract be awarded to WIL- PAV, Inc. for the CDBG Vesper Street Sidewalk. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BLUE SPRINGS, MISSOURI, as follows: 1. The Mayor or City Administrator is hereby authorized to enter into an agreement with WIL-PAV, Inc. for CDBG Vesper Street Sidewalk in the amount of $89,694.00. A copy of the agreement (Without Bid documents, General Conditions, Supplementary Conditions, Specifications, & Drawings, which are incorporated by reference and are available in the City Clerk’s Office for review.) is attached as Exhibit "A” and incorporated herein. 2. City Staff is directed to perform all tasks necessary to implement said agreement. PASSED by the City Council of the City of Blue Springs, Missouri, and approved by the Mayor of Blue Springs, this 19th day of February, 2013. CITY OF BLUE SPRINGS ATTEST: Carson Ross, Mayor _________________________________ Kathy Richardson, City Clerk VesperSidewalk2/19/13  EXHIBIT A AGREEMENT WITH WIL-PAV, INC. FOR THE CDBG VESPER STREET SIDEWALK VesperSidewalk2/19/13 "Exhibit A" "Exhibit A" "Exhibit A"  Council Meeting Date: 2/19/2013 Agenda Item #: 3d Page 1 of 2 CITY OF BLUE SPRINGS CITY COUNCIL INFORMATION FORM DATE: February 19, 2013 SUBMITTED BY: Jeff Sell DEPARTMENT: Engineering Ordinance Resolution Presentation Public Hearing Agreement Discussion Rezoning Other ISSUE/REQUEST Award of contract to Superior Bowen Asphalt Company, L.L.C. for the 2013 Street Program, CIP ST-06 and Sidewalk Repair and Maintenance, CIP ST-44 in the amount of $2,500,027.41. Staff respectfully requests the contract for the 2013 Street Program be awarded to Superior Bowen Asphalt Company, L.L.C., the low bidder. This company has successfully executed the contracts for the 2008 - 2012 Street Programs and the 2009 overlay of Adams Dairy Parkway. They have successfully completed numerous residential asphalt projects around the Kansas City area, own several asphalt plants locally and have ample residential street milling and overlay experience with similar types of projects in other cities. All references for this contractor were favorable. BACKGROUND/EXPLANATION Staff advertised in the Kansas City Star, as well as the plan rooms of the Builder’s Association, Reed Construction Data, McGraw Hill Dodge Reports, Datafax, ePlan, Bid Ocean and MO I Sq. Ft. Bids were received from four contractors as follows: Superior Bowen Asphalt Company, L.L.C. $2,575,027.41 - $75,000 = $2,500,027.41 Metro Asphalt, Inc. $2,770,551.75 - $75,000 = $2,695,551.75 Ideker, Inc. $2,803,674.89 - $75,000 = $2,728,674.89 Chester Bross Construction Company $3,317,692.00 - $75,000 = $3,242,692.00 Engineer’s Estimate: $2,564,966.43 The bid amounts submitted exceeded the amount that the City had budgeted for the project. Therefore, $75,000 was deducted from the force account of each bid. The asphalt on this project will be price indexed so that the contractor and the City share the risk/reward of asphalt price volatility in accordance with APWA specifications. JUSTIFICATION The City has overlaid 104 miles in five years. This year’s program should take the total to 117 miles. This project includes 190,000 SY asphalt milling, 22,000 tons asphalt paving, 9,000 tons asphalt patching, 12,000 LF curb replacement, 140 ADA ramps, 9,000 SF sidewalk replacement, 25,000 LF thermoplastic markings, 70 hot tape arrows and symbols, and 70,000 LF of painted pavement markings repainted. Work to be completed includes approximately 13 miles of roadway overlay spread evenly throughout the Council Districts. This project addresses the residents’ roadway concerns reflected in the Citizen Survey and is part of the City’s CIP program commitment to the residents of Blue Springs.  Council Meeting Date: 2/19/2013 Agenda Item #: 3d Page 2 of 2 The amount budgeted for this year is $2,500,000.00, which includes $200,000.00 for sidewalk repair and maintenance. FINANCIAL IMPACT Contractor: Superior Bowen Asphalt Company, L.L.C. Amount of Request/Contract: $2,500,027.41 Amount Budgeted: $2,300,000.00 Funding Source/Account Number: 310.72000.530270.000 - Street Rehabilitation Program (ST-06) Additional Funds Needed: Amount Budgeted: $200,000.00 Funding Source/Account Number: 310.72000.530280.000 – Sidewalk Repair and Maintenance (ST-44) PROJECT TIMELINE Estimated Start Date Estimated End Date Spring, 2013 Summer, 2013 STAFF RECOMMENDATION The Engineering Department staff recommends that the City of Blue Springs award the contract in the amount of $2,500,027.41 to: Superior Bowen Asphalt Company, L.L.C. 2501 Manchester Traffic way Kansas City, MO 64129. OTHER BOARDS & COMMISSIONS ASSIGNED Name of Board or Commission: N/A LIST OF REFERENCE DOCUMENTS ATTACHED 1. Resolution, with contract attached as Exhibit A 2. Bid Sheet IF CONTRACT REQUIRED: 1. E-Verify Affidavits Required? Yes 2. Contract/Affidavits Executed? No/Yes REVIEWED BY Requesting Interim Director: Finance: Chris Sandie City Administrator: Legal:  BID SHEET 2013 STREET PROGRAM PROJECT NO. 12-11-01 ITEM # DESCRIPTION UNIT QTY. UNIT PRICE TOTAL 1 PCC Curb Remove & Replace lf 11,637 $23.50 $273,469.50 2 6" PCC Driveway R&R sf 1,500 $6.40 $9,600.00 3 ADA Ramp ea 142 $1,428.00 $202,776.00 4 4" PCC Sidewalk R&R sf 9,248 $6.65 $61,499.20 5 Video Documentation lump sum 1 $3,500.00 $3,500.00 6 Sub Base Aggregate tons 500 $11.00 $5,500.00 7 Type 1 Patching tons 7,000 $51.70 $361,900.00 8 Type 3 Patching tons 2,000 $51.70 $103,400.00 9 Cold Planing sq. yds. 190,919 $0.48 $91,641.12 10 2" Asph/Conc. Surface Course tons 22,147 $51.70 $1,144,999.90 11 Thermo 4" dbl yellow lf 12,735 $0.60 $7,641.00 12 Thermo 4" white lf 10,855 $0.60 $6,513.00 13 Thermo 4"solid with 4"dash yllw lf 880 $1.05 $924.00 14 Thermo 24" white lf 228 $8.20 $1,869.60 15 Thermo 12" white lf 301 $5.00 $1,505.00 16 Thermo 24" Yellow lf 120 $10.00 $1,200.00 17 Hot Tape Bike Symbol & arrow ea 33 $430.00 $14,190.00 18 Hot Tape 3 Way combo arrow ea 2 $460.00 $920.00 19 Hot Tape 8' straight arrow ea 4 $128.00 $512.00 20 Hot tape 8' left arrow ea 26 $163.00 $4,238.00 21 Hot tape 8' right arrow ea 6 $163.00 $978.00 22 Mobilization lump sum 1 $6,000.00 $6,000.00 23 Paint 4" dbl yellow lf 28,271 $0.33 $9,329.43 24 Paint 4" white lf 41,669 $0.14 $5,833.66 25 Paint 24" white lf 26 $7.00 $182.00 26 Paint 8' left arrow ea 6 $41.00 $246.00 27 Paint 8' right arrow ea 4 $46.00 $184.00 28 Paint 8' straight arrow ea 3 $46.00 $138.00 29 Force Account lump sum 1 $125,000.00 $125,000.00 30 BS Construction Permit Fee lump sum 1 $54,338.00 $54,338.00 TOTAL BID $2,500,027.41 BS - 1R bs asphalt 2013.xls  BID NOTES: 1 Traffic control, resident notification, backfill, and seeding shall be subsidiary to all bid items. 2 Bid items #1, 2, 3, & 4 shall include all components of curb, driveway and or sidewalk removal and replacement to City standards except for video documentation. 3 Bid item #3 shall include 12 lf of sidewalk, 10 lf of curb, City approved ADA detection tile, and shall be constructed using MODOT detail drawings 608.10N. 4 All concrete on this project shall be KCMMB 4K. 5 All risers for utility structures will be provided and installed by the Contractor. Riser type must be approved by the City. Cost is subsidiary. 6 Holiday or weekend work will be on a case by case basis, but generally not allowed. 7 The City of Blue Springs will utilize Section 1110, Asphalt Cement Price Index as adopted by the KC Metro Chapter of the APWA. A copy of section 1110 is included in the technical specs in this book. The Index shall be applied to the percent of virgin asphalt binder used in the mix design of the asphaltic concrete approved for the project. A price of $600.00 per ton will be used as the basis for the bid price. 8 Gradation and extraction tests shall be conducted daily at the asphalt plant to determine and ensure compliance with the specifications. The asphalt producer can utilize their own lab for this testing. Written reports shall be submitted weekly to the City of Blue Springs. 9 Marshall's shall be done every other work day for the first fifteen days of asphalt paving and then once a per week for the remainder of the project. This testing shall be conducted by an independent, third party lab. Written reports shall be submitted weekly to the City of Blue Springs. 10 Density testing shall be done on a minimum of 25% of the streets overlaid, at 250' intervals, alternating between the lanes. Streets requiring density testing shall be selected by the City, and testing shall be conducted by an independent, third party lab. Written reports shall be submitted weekly to the City of Blue Springs. 11 Additional testing may be required at the discretion of the City of Blue Springs. 12 All testing is subsidiary to the contract. 13 All trucks are restricted to a maximum 20 ton load. BS - 2R bs asphalt 2013.xls Introduced by Councilman Resolution No. 12-2013 RESOLUTION A RESOLUTION APPROVING AN AGREEMENT WITH SUPERIOR BOWEN ASPHALT COMPANY, L.L.C. FOR THE 2013 STREET PROGRAM (CIP ST-06) WHEREAS, OSHA requirements under Section 292.675, R.S.Mo. 2009, require: a. Any contractor for any public body for purposes of construction of public works and any subcontractor (any person entering into a subcontract with a contractor for construction of public works which employs "on-site employees" for purposes of completion of the contract) to such contractor shall provide a ten-hour Occupational Safety and Health Administration (OSHA) construction safety program for their on-site employees which includes a course in construction safety and health approved by OSHA or a similar program approved by the department which is at least as stringent as an approved OSHA program, unless such employees have previously completed the required program. All employees who have not previously completed the program are required to complete the program within sixty days of beginning work on such construction project. b. Any employee found on a work site subject to this section without documentation of the successful completion of the required course shall be afforded twenty days to produce such documentation before being subject to removal from the project. c. The contractor to whom the contract is awarded and any subcontractor under such contractor shall require all on-site employees to complete the above referenced ten-hour training program or such employees must hold documentation of prior completion of the program. Said contractor and subcontractor(s) shall comply with Section 292.675, R.S.Mo. 2009, in all respects as required in relation to work done pursuant to this contract. d. The contractor shall forfeit as a penalty to the public body on whose behalf the contract is made or awarded, two thousand five hundred dollars plus one hundred dollars for each employee employed by the contractor or subcontractor, for each calendar day, or portion thereof, such employee is employed without the required training. The penalty shall not begin to accrue until the time period referenced in subparagraphs a and b above have elapsed. e. The public body awarding the contract shall withhold and retain therefrom all sums and amounts due and owing as a result of any violations of this section when making payments to the contractor under the contract. The contractor may withhold from any subcontractor sufficient sums to cover any penalties the public body has withheld from the contractor resulting from the subcontractor's failure to comply with the terms of this section. If the payment has been made to the subcontractor without withholding, the contractor may recover the amount of the penalty resulting from the fault of the subcontractor in an action maintained in the circuit court in the county in which the public works project is located from the subcontractor. SuperiorBowen overlay2/19/13  f. “On-site employees” are defined as laborers, workmen, drivers, equipment operators, and craftsmen employed by contractors and subcontractors to be directly engaged in construction at the site of the public works. "Directly engaged in construction" shall mean work performed in the actual erection of the structure or completion of the improvement constituting the public works. In addition, employees working at a nearby or adjacent facility used by the contractor or subcontractor for construction of the public works shall be deemed "on-site employees." Persons engaged solely in the transportation of materials, fuel, or equipment to the site of the public works shall not be deemed to be "directly engaged in construction;” and WHEREAS, Not less than the prevailing hourly rate of wages for work of a similar character in this locality, as established and amended at any time by the Department of Labor and Industrial Relations of the State of Missouri, shall be paid to all workers performing work under this Agreement; and WHEREAS, the Public Works Department advertised the project on January 6, 2012 in the Kansas City Star, as well as the plan rooms of the Builder’s Association, Reed Construction Data, McGraw Hill Dodge Reports, Datafax, ePlan, Bid Ocean and MO I Sq. Ft., and received four bids; and WHEREAS, the Public Works staff recommends the contract be awarded to Superior Bowen Asphalt Company, L.L.C. for the 2013 Street Program (CIP ST-06) and Sidewalk Repair and Maintenance (CIP ST-44). NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BLUE SPRINGS, MISSOURI, as follows: 1. The Mayor or City Administrator is hereby authorized to enter into an agreement with Superior Bowen Asphalt Company, L.L.C. for the 2013 Street Program (CIP ST-06) and Sidewalk Repair and Maintenance (CIP ST-44) in the amount of $2,500,027.41. A copy of the agreement (Without Bid documents, General Conditions, Supplementary Conditions, Specifications, & Drawings, which are incorporated by reference and are available in the City Clerk’s Office for review.) is attached as Exhibit "A” and incorporated herein. 2. City Staff is directed to perform all tasks necessary to implement said agreement. PASSED by the City Council of the City of Blue Springs, Missouri, and approved by the Mayor of Blue Springs, this 19th day of February, 2013. CITY OF BLUE SPRINGS ATTEST: Carson Ross, Mayor _________________________________ SuperiorBowen overlay2/19/13 Kathy Richardson, City Clerk EXHIBIT A AGREEMENT WITH SUPERIOR BOWEN ASPHALT COMPANY, L.L.C. FOR THE 2013 STREET PROGRAM (CIP ST-06) SuperiorBowen overlay2/19/13  Council Meeting Date: 2/19/2013 Agenda Item #: 3e CITY OF BLUE SPRINGS CITY COUNCIL INFORMATION FORM DATE: 02/11/13 SUBMITTED BY: Karen Van Winkle DEPARTMENT: Finance Ordinance Resolution Presentation Public Hearing Agreement Discussion Rezoning Other ISSUE/REQUEST: The attached resolution provides for approval of an amendment to the five year professional auditing services agreement with McGladrey LLP for the certification of costs associated with the City’s Tax Increment Financing (TIF) projects. BACKGROUND/EXPLANATION: (including location, programs/departments affected, and process issues – attach pertinent documentation): The Government Finance Officers Association (GFOA) Best Practices for the procurement of audit services recommends that cities enter into multi-year contracts of at least five years with audit firms that are fully qualified to perform public-sector audits. The GFOA Best Practice includes a provision for the automatic renewal of a multi-year contract for the auditor upon satisfactory performance. The contract for auditing services to be provided by McGladrey LLP was submitted and approved by Council on August 8, 2012. The amendment that is being submitted at this time is to allow for McGladrey LLP to also perform the certification of costs associated with the City’s TIF projects. Cochran, Head, Vick and Co., P.C. has performed the City’s TIF cost certifications since 2008. Based upon our Request for Proposals for Professional Auditing Services in 201, staff has concluded that McGladrey LLP best meets the needs of the City with regard to not only auditing services but cost certifications as well. McGladrey LLP is the fifth largest U.S. provider of assurance, tax, and consulting services with nearly 6,500 professionals and associates in more than 70 offices nationwide. Their government practice includes over 100 partners/principals and hundreds of professionals at various levels of expertise. These members serve over 2,800 public sector clients, including more than 700 government clients. Therefore, based upon this depth, experience, commitment to service and pricing structure, it is staff’s recommendation that the City amend the existing three year audit agreement with McGladrey LLP to include TIF cost certifications. Upon satisfactory performance; the agreement may be extended for two additional one year terms. The fee schedule for the next five years will be $90.00 per hour which is a savings of $45.00 per hour over the prior firm. These fees will be paid through the incremental tax revenues received by the TIF funds. The expenditures for cost certifications are funded by TIF revenues in each individual TIF fund.  Council Meeting Date: 2/19/2013 Agenda Item #: 3e JUSTIFICATION: Per each TIF Redevelopment Agreement, the City may conduct an investigation to determine whether the Redevelopment Project Costs are eligible for reimbursement. The City recommends McGladrey LLP to perform this review. FINANCIAL IMPACT Contractor: McGladrey LLP Amount of Request/Contract: $90.00 per hour Amount Budgeted: 350.71500.530100.000 Funding Source/Account #: 350.71500.530100.000 351.71500.530100.000 352.71500.530100.000 353.71500.530100.000 354.71500.530100.000 355.71500.530100.000 356.71500.530100.000 Additional Funds Needed: Funding Source/Account #: Tax Impact/Analysis: N/A Abatement/Incentives: N/A Escrow: N/A PROJECT TIMELINE EST. START: February 2013 EST. FINISH: August 2015 OTHER INFORMATION/UNIQUE CHARACTERISTICS:  Council Meeting Date: 2/19/2013 Agenda Item #: 3e Council Information Form Page 2 of 2 STAFF RECOMMENDATION: Staff recommends approval. OTHER BOARDS & COMMISSIONS ASSIGNED: Date: Action: N/A LIST OF REFERENCE DOCUMENTS ATTACHED: 1. Resolution with copy of the proposed First Amendment to the Consultant Agreement (Contract)attached. REVIEWED BY: Requesting Director: Karen Van Winkle Finance: Karen Van Winkle PW/Engineering: Legal: City Administrator: Other: Introduced by Councilman Resolution No.13-2013 RESOLUTION A RESOLUTION APPROVING A CONTRACT AMENDMENT WITH McGLADREY LLP FOR CERTIFICATION OF TAX INCREMENT FINANCING PROJECT COSTS WHEREAS, the City of Blue Springs requires the certification of all reimbursable project costs associated with the City’s Tax Increment Financing projects (TIF); and WHEREAS, the Finance Department prepared specifications and secured quotations for the audit of the 2012 financial statements; and WHEREAS, the Department received six bids and on August 8, 2012 awarded a contract to McGladrey LLP, 4801 Main Street, Suite 400, Kansas City, Missouri 64112 for work based on scope of services in the amount of $42,400 for fiscal year 2012; and WHEREAS, the Department now recommends that we amend the contract to include the certification of costs associated with the City’s TIF projects; and WHEREAS, McGladrey LLP will be paid $90.00 per hour for these additional services. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BLUE SPRINGS, MISSOURI, as follows: 1. The City Administrator has the authority and is hereby authorized to enter into an amendment to the contract with McGladrey LLP, 4801 Main Street, Suite 400, Kansas City, Missouri 64112, to include TIF certifications. A copy of the proposed First Amendment to the Consultant Agreement (Contract) is attached hereto as Exhibit “A” and is incorporated herein. 2. City Staff is directed to perform all tasks necessary to implement said agreement. PASSED by the City Council of the City of Blue Springs, Missouri, and approved by the Mayor of Blue Springs, this 19th day of February, 2013. CITY OF BLUE SPRINGS _________________________ Carson Ross, Mayor ATTEST: ________________________________ Kathy Richardson, City Clerk TIF 2/19/13  Exhibit A FIRST AMENDENT TO THE CONSULTANT AGREEMENT (CONTRACT) This amendment is to the Consultant Agreement (Contract) between the City of Blue Springs, Mo. (the “City”) and McGladrey LLP (the “Consultant”) (collectively referred to as the “Parties”) dated the 6th of August, 2012. The Parties agree as follows: 1. The Services, and Scope of Services are amended to include the examination of the City of Blue Springs, Mo’s compliance with certain tax increment financing (TIF) project agreements with respect to the eligibility of certain project costs during the project time period incorporated in the scope of the original Consultant Agreement (Contract) which Services and Scope Services will be set forth in this First Amendment to Consultant Agreement (Contract), hereinafter “Amendment.” 2. The following paragraphs will explain the arrangement regarding the engagement of McGladrey LLP (hereinafter Consultant) to examine the City of Blue Springs, Mo’s (herein after the “City”) compliance with certain tax increment financing (TIF) project agreements with respect to eligibility of certified project costs during the term of the amended agreement. 3. Consultant will examine the City’s compliance with the eligibility of certified TIF project costs in accordance with attestation standards established by the American Institute of Certified Public Accountants. Consultant’s report will detail the nature of reservations, if any, Consultant has with respect to City’s compliance with the eligibility of certified TIF project costs. Should the Consultants have any reservations, Consultant will discuss them with the City prior to issuing their report. 4. The services that the Consultant will perform are not designed and cannot be relied upon to disclose errors, fraud, or illegal acts, should any exist. However, Consultant will inform the appropriated level of management of any material errors that come to Consultant’s attention and any fraud or illegal acts that come to Consultant’s attention, unless they are clearly inconsequential. 5. Furthermore, the services were not designed to provide assurance on internal control of to identify significant deficiencies or material weaknesses. However, Consultant will communicate to management and City Council any significant deficiencies or material weaknesses that become known to Consultant during the course of the engagement. 6. City management is responsible for (a) identifying applicable compliance requirements, (b) establishing and maintaining effective internal control over compliance with the eligibility of certified TIF project costs, (c) evaluating and monitoring the City’s compliance with the eligibility of certified TIF project costs and providing Consultant with a written assertion thereon, (d) specifying reports that satisfy legal, regulatory, or contractual requirements, and (e) making all records and related information available to Consultant. The Consultant’s responsibility is to express an opinion concerning the City’s compliance with the eligibility of certified TIF project costs. 1  Exhibit A 7. At the conclusion of the Consultant’s engagement, Consultant will request certain written representations from the City’s management about the City’s compliance with the eligibility of certified TIF project costs and matters related thereto. 8. The City agrees that it will not include the Consultant’s reports, or otherwise make reference to the Consultant, in any public or private securities offering without first obtaining the Consultant’s consent. Any request to consent is also a matter for which separate arrangements will be necessary. After obtaining the Consultant’s consent, the City also agrees to provide the Consultant with printer’s proofs or masters of such offering documents for Consultant’s review and approval before printing, and with a copy of the final reproduced material for Consultant’s approval before it is distributed. 9. Because Consultant will rely on the City and its management and City Council to discharge the forgoing responsibilities, the City holds harmless and releases the Consultant, its partners and employees from all claims, liabilities, losses, and costs arising in circumstances where there has been a knowing misrepresentation by a member of the City’s management that has caused, in any respect, the Consultant’s breach of contract or negligence. This provision will survive termination of the arrangement for services. 10. If circumstances arise relating to the condition of the City’s records, the availability of appropriate evidence, or indications of a significant risk of material misstatement of the financial statements because of error, fraudulent financial reporting, or misappropriation of assets, which in the Consultant’s professional judgment prevent Consultant from completing the engagement or forming an opinion, the Consultant will retain the unilateral right to take any course of action permitted by professional standards, including declining to express an opinion or issue a report, or withdrawal from the engagement. 11. During the course of the Consultant’s engagement, the Consultant may accumulate records containing data that should be reflected in the City’s books and records. The City will determine that all such data, if necessary, will be so reflected. Accordingly, the City will not expect the Consultant to maintain copies of such records in their possession. 12. The assistance to be supplied by City personnel, including the preparation of schedules and analyses of accounts, has been discussed and coordinated with the Director of Finance. The timely and accurate completion of this work is an essential condition to the Consultant’s completion of their services and issuance of their report. 13. Consultant’s fees for the services described above are based on the time required by the individuals assigned to the engagement, plus direct expenses. Consultant will submit its bill for services promptly upon rendering the special report. Billings are due upon submission. Consultant’s hourly rate for the services described in this letter will be $90 per hour. It is anticipated that approximately four to six hours would be required for 2  Exhibit A each engagement. This fee estimate will be subject to adjustments based on unanticipated changes in the scope of our work and/or incomplete or untimely receipt by the Consultant of the information on the client participation list. All other provisions of this letter will survive any fee adjustment. 14. From time to time and depending upon the circumstances, the Consultant may use third-party service providers to assist Consultant in providing professional services to the City. In such circumstances, it may be necessary for the Consultant to disclose confidential client information to them. The Consultant will enter into confidentiality agreements with all third-party service providers and the Consultants are satisfied that they have appropriate procedures in place to prevent the unauthorized release of the City’s confidential information to others. 15. Payments will be made based on billings from the Consultant to be paid upon satisfactory completion of individual reviews of individual projects upon completion and submission of a report thereon to the City. 16. The original Consultant Agreement (Contract) shall in all respects other than set forth herein continue to be in full force and effect. This Amendment shall be in affect upon signature by the last party to sign said Amendment. IN WITNESS WHEREOF, the Parties hereto have set their hands and seals on the ____ day of February, 2013. City of Blue Springs, Mo. _________________________________ Eric Johnson City Administrator McGladrey LLP _________________________________ Signature _________________________________ Typed or printed name _________________________________ Title Approved as to Form: 3  Exhibit A ________________________________ Robert K. McDonald City Attorney 4  Council Meeting Date: 2/19/2013 Agenda Item #: 5 Page 1 of 2 CITY OF BLUE SPRINGS CITY COUNCIL INFORMATION FORM DATE: 02/11/2013 SUBMITTED BY: Bob McDonald DEPARTMENT: LEGAL & FINANCE Ordinance Resolution Presentation Public Hearing Agreement Discussion Rezoning Other ISSUE/REQUEST An Ordinance is being submitted that will amend the penalty on delinquent business licenses and occupational taxes, Section 605.140. In addition the amendment to Section 605.070 clarifies that the Application is also the Return on which the license tax is based. These changes are being done to cause the City Ordinance to conform to State Law. BACKGROUND/EXPLANATION A change was made to State Law in the 2012 session of the Legislature which requires that a municipality use the State Law in determining the penalty for delinquent occupational/business licenses/taxes. The business licenses and tax/fee are due on March 1 of each year. In order to comply with State Law, Section 605.070 and 605.140 need to be amended such that the penalties for filing late and paying late comport with State Statutes as to the penalties on filing late and paying late State sales taxes. The Ordinance being submitted to you will accomplish that correction. According to the Missouri Municipal League, this was slipped into a House Bill that passed late in the session that was sought by the state Chamber of Commerce. Section 605.140, before this amendment, set the late penalties at 10% for the first month and 1% for each additional month that a business operates without a valid occupational/business license. The penalties currently set forth in Section 144.250, RSMo, for State sales taxes, are 10% for the first month and 5% for each additional month capped at a total of 30%. (5% for failure to file and 25% for failure to pay.) JUSTIFICATION An amendment to our Code is required by our State Law in order to conform to the new State Statute that went into effect on August 28, 2012. FINANCIAL IMPACT Contractor: NA Amount of Request/Contract: Amount Budgeted: Rev 03/01/2012  Council Meeting Date: 2/19/2013 Agenda Item #: 5 Page 2 of 2 Funding Source/Account Number: Additional Funds Needed: Funding Source/Account Number: Tax Impact/Analysis: Abatement/Incentives: Escrow: PROJECT TIMELINE Estimated Start Date Estimated End Date STAFF RECOMMENDATION Staff recommends approval. OTHER BOARDS & COMMISSIONS ASSIGNED Name of Board or Commission: Date: Action: LIST OF REFERENCE DOCUMENTS ATTACHED 1. Ordinance IF CONTRACT REQUIRED: 1. E-Verify Affidavits Required? N/A 2. Contract/Affidavits Executed? N/A REVIEWED BY Requesting Director: Finance: PW/Engineering: Legal: Bob McDonald City Administrator: Other: Rev 03/01/2012 Proposed by _________________ BILL NO. 4248 Introduced by Councilman __________ ORDINANCE NO. ______ AN ORDINANCE AMENDING SECTIONS 605.070 AND 605.140 TO CHANGE THE PENALTIES FOR OCCUPATIONAL LICENSES AND OCCUPATIONAL TAXES NOT PAID FOR ON TIME WHEREAS, in 2012 the State of Missouri changed Section 71.625, RSMo to add a provision that the penalty provision of Section 144.250, RSMo relating to delinquent sales taxes, shall be applied to delinquent taxes due as a result of the imposition of a license tax by any municipal corporation. Said statue went into effect on August 28, 2012; and WHEREAS, the City’s annual occupation licenses and the fee therefore are due on the first day of March each year; and WHEREAS, because the due date is fast approaching, it is necessary that the penalty provision be amended to conform to State Law. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF BLUE SPRINGS, MISSOURI: SECTION 1: That Section 605.140 of the Code of Ordinances of the City of Blue Springs, Missouri is hereby amended to read: “SECTION 605.140: DELINQUENT TAXES - PENALTY A penalty for failure to file an Application (Return) and/or to pay the full amount of the taxes or fees due on or before the first day of March of each year shall be imposed pursuant to, and in the same manner as provided in, the penalty provisions of Section 144.250, RSMo, as currently amended.” SECTION 2: That Section 605.070 of the Code of Ordinances of the City of Blue Springs, Missouri is hereby amended to read: “SECTION 605.070: APPLICATIONS (RETURNS) -- FORMS -- WHERE FILED All Applications (Returns) for licenses provided for in this Chapter shall be filed with the City Collector. The Finance Department shall prescribe the form of Application (Return) and license form. The Application (Return) will be used to determine the tax due. Except as otherwise provided by ordinance, all licenses issued under this Chapter shall be signed by the Mayor and the City Clerk, or by facsimile, and shall be invalid for all purposes unless so signed.” 1 Bus. License Penalties 2/19/13  SERTION 3: That this Ordinance shall be in full force and effect from and after its passage and approval. PASSED by the City Council of the City of Blue Springs, Missouri, and approved by the Mayor of Blue Springs, this 19thday of February, 2013. ________________________ Carson Ross, Mayor ATTEST: ______________________________ Kathy Richardson, City Clerk 1st reading ______________________ 2nd reading ______________________ 2 Bus. License Penalties 2/19/13  Council Meeting Date: 2-19-2013 Agenda Item # 6 Page 1 of 2 CITY OF BLUE SPRINGS CITY COUNCIL INFORMATION FORM DATE: February 19, 2013 SUBMITTED BY: Dennis Dovel DEPARTMENT: Parks & Recreation Ordinance Resolution Presentation Public Hearing Agreement Discussion Rezoning Other ISSUE/REQUEST An update presentation on the preliminary results of the Community Center Feasibility Study by SFS Architecture. BACKGROUND/EXPLANATION The City Council approved an agreement with SFS Architecture to conduct a study related to the possibility of construction a Community Recreation/Natatorium Center in October, 2012. A presentation will be given on the current status of the study to City Council to provide input prior to the study’s final presentation in April. The presentation will focus on the survey, business plan, public meetings, high school engagement and site selection. Also the preliminary conceptual design of the facility will be presented for review along with preliminary natatorium designs. JUSTIFICATION A preliminary presentation is outlined in the agreement concerning the feasibility study of a community recreation/natatorium center to receive input from City Council prior to final presentation of the study. FINANCIAL IMPACT Contractor: SFS Architecture Amount of Request/Contract: Amount Budgeted: Funding Source/Account Number:  Council Meeting Date: 2-19-2013 Agenda Item # 6 Page 2 of 2 Additional Funds Needed: Funding Source/Account Number: Tax Impact/Analysis: NA Abatement/Incentives: NA Escrow: NA PROJECT TIMELINE Estimated Start Date Estimated End Date October 15, 2012 April 30, 2013 STAFF RECOMMENDATION Staff recommends approval. OTHER BOARDS & COMMISSIONS ASSIGNED Name of Board or Commission: NA Date: Action: LIST OF REFERENCE DOCUMENTS ATTACHED 1. Agenda Attached IF CONTRACT REQUIRED: 1. E-Verify Affidavits Required? N/A 2. Contract/Affidavits Executed? N/A REVIEWED BY Requesting Director: Dennis Dovel Finance: PW/Engineering: Legal: City Administrator: Other:  Attachment A Blue Springs Community Center Blue Springs Missouri Feasibility + Programming City Council Presentation Agenda Location: Council Chambers Tuesday February 19th, 2013 630p A. Welcome and Introductions 1. Review Schedule and Process a. Schedule b. ETC Survey c. Business Plan / Pro forma development d. Steering Committee - who's on it e. Public Meetings f. HS Student Engagement - Survey and Presentation g. Special Interest Groups Engagement and Site visits h. Alternative Fitness Providers Engagement and Focus Group Meetings i. Site Evaluation and Selection 2. Review project mission statement: “Provide a family oriented community gathering space in a fun, innovative environment that promotes lifelong health.” B. Programming , Budget, and Design 1. Review preliminary program, project budget, and construction costs 2. Review preliminary Site Plan, Floor Plan layout, Massing a. Beginning to develop architectural character 3. Review preliminary natatorium layouts F. Wrap up/ Next Steps • April 2013 Workshop #4, Final Report, and Presentation + s f s a r c h i t e c t u r e | 1150 grand blvd suite 400 kansas city missouri 64106 | 816.474.1397