City Council Agendas

BLUE SPRINGS CITY COUNCIL MEETING May 20, 2013 6:30 p.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 May 6 Council meeting b. Adopt Resolution No. 41-2013 approving an amendment to the Active Network Inc. agreement for online registration services c. Approve Mirza Khan Inc dba Phillips 66, 3120 S Hwy 7, to sell intoxicating liquors in the original package (including Sundays) d. Approve US Food Mart Inc dba US Food Mart, 2401 N 7 Hwy, to sell intoxicating liquors in the original package (including Sundays) 4. Presentation- Chamber Leadership Class 5. Discussion- CDBG 6. Mayoral Announcements • Thoughts to Ponder 7. Visitors 8. Executive Session to discuss real estate matters pursuant to Section 610.0212(2) of the Revised Statues of Missouri 9. Adjournment 10. Public Officials Training 11. Miscellaneous Items Charter Review Commission – Tuesday, May 21, 6:00 p.m., East Conference Room of City Hall, 903 W Main Solid Waste Management Commission Meeting- Wednesday, May 22, 6:30 p.m., East Conference Room of City Hall, 903 W Main Historic Survey Public Meeting- Wednesday, May 22, 6:00 p.m., Multipurpose Room of Howard L. Brown Public Safety Building, 1100 SW Smith Memorial Day – Monday, May 27 – City Hall Offices closed Special Park Commission meeting – Tuesday, May 28, 6:00 p.m., Pink Hill Park Maintenance Building, 2715 NW Park Drive Planning Commission Meeting- Wednesday, May 29, 6:30 p.m., Multipurpose Room of Howard L. Brown Public Safety Building, 1100 SW Smith City Council - Monday, June 3, 6:30 p.m., Multipurpose Room of Howard L. Brown Public Safety Building, 1100 SW Smith Charter Review Commission – Tuesday, June 4, 6:00 p.m., East Conference Room of City Hall, 903 W Main  City of Blue Springs Memorandum Office of Administration TO: Mayor, City Council, Department Directors, and Press FROM: Eric Johnson City Administrator DATE: May 16, 2013 SUBJECT: Agenda Explanations Item 3b – Resolution approving amendment to Parks online registration services Resolution will approve an amendment to the Active Network, Inc. agreement for online registration services. In 2007 the City entered into an agreement with the Active Network for the Parks & Recreation Department’s online registration services. This amendment will allow for online fees to be incorporated into program fees and not a separate service fee charge. Refer to the Council Information Form from Dennis Dovel, Director of Parks & Recreation, for further information. Item 3c-Approve new liquor license for Mirza Khan Inc dba Phillips 66 Applicant has requested approval of a new liquor license for Mirza Khan Inc dba Phillips 66 to sell intoxicating liquors in the original package (including Sunday). Mirza Khan Inc dba Phillips 66 is located at 3120 S Hwy 7, Blue Springs, MO 64015. Staff recommends approval. Item 3d- Approve new liquor license Applicant has requested approval of a new liquor license for US Food Mart Inc dba US Food Mart to sell intoxicating liquors in the original package (including Sunday). US Food Mart Inc is located at 2401 N 7 Hwy, Blue Springs, MO 64015. Staff recommends approval. Item 4 – Chamber Leadership Class Lara Vermillion, Blue springs Chamber of Commerce, will introduce the 2012-2013 Leadership Blue Springs Class. Members of the 2012-13 Leadership Class were: Kim Brosam, City of Blue Springs; Shelley Brown, Blue Springs South High School; Dale Geer, Blue Springs Coffee News; Joseph Fanara, Blue Springs Police Department; Wendell Fuimaono, Blue Springs High School; Rene Keil, Metcalf Bank; Kelly Logan, Job One; Mike Peterman, City of Blue Springs; Denise Phillips, First American Title; Kerri Reinbold, Community America Credit Union; Chad Smith, State Farm Insurance; Diane Stockard, Community America Credit Union; Andrea Toney, Blue Springs YMCA; and Karen Van Winkle, City of Blue Springs. Item 5 – CDBG Discussion Community Development Director Scott Allen will make a presentation to Council to discuss the 2013- 2014 Community Development Block Grant (CDBG) funds. He will review the Consolidated Plan, which is the overall vision of how the City intends to create a better community using CDBG funds. Refer to Council Information Form from Scott Allen, Director of Community Development, for further information  Not Approved CITY OF BLUE SPRINGS, MISSOURI MINUTES OF COUNCIL MEETING MAY 6, 2013 A meeting of the City Council of the City of Blue Springs, Missouri, was held Monday, May 6, 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 Susan Culpepper 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 and cadets from the 159th Grain Valley ALLEGIANCE Civil Air Patrol led the audience in the Pledge of Allegiance. MAYOR Mayor Ross gave a brief recap of the meeting agenda and explained the COMMENTS Consent Agenda. APPROVE CITY Councilman Edmondson moved to approve the minutes of the April 15, 2013 COUNCIL MINUTES Council meetings. Motion seconded by Councilman Lievsay and carried with the following votes: Quibell – Aye Carter – Aye Lievsay – Aye Edmondson – Aye Fowler – Aye Culpepper – Aye APPROVE LIQUOR Councilman Edmondson moved to approve liquor license for Brewers Sports LICENSE – BREWERS Bar & Grill, 1120 W Main Street, to sell intoxicating liquors by-the-drink SPORTS BAR & GRILL including Sunday. Motion seconded by Councilman Lievsay and carried with the following votes: Quibell – Aye Carter – Aye Lievsay – Aye Edmondson – Aye Fowler – Aye Culpepper – Aye APPROVE LIQUOR Councilman Edmondson moved to approve liquor license for Gas Mart USA LICENSE – GAS MART Inc. dba Gas Mart USA, Inc. #113, 1202 N 7 Highway, to sell intoxicating USA liquors in the original package (including Sunday). Motion seconded by Councilman Lievsay and carried with the following votes: Quibell – Aye Carter – Aye Lievsay – Aye Edmondson – Aye Fowler – Aye Culpepper – Aye ADOPT RESOLUTION - Councilman Edmondson moved to adopt Resolution No. 34-2013 approving a NO. 34-2013 – PURCHASE contract with Victor L. Phillips Company for the purchase of one (1) 2013 ONE 2013 EXCAVATOR hydraulic crawler excavator. Motion seconded by Councilman Lievsay and carried with the following votes:  Not Approved COUNCIL MINUTES May 6, 2013 PAGE 2 Quibell - Aye Carter - Aye Lievsay – Aye Edmondson – Aye Fowler – Aye Culpepper – Aye ADOPT RESOLUTION - Councilman Edmondson moved to adopt Resolution No. 35-2013 approving a NO. 35-2013 contract for the Parks & Recreation Department to sell consignment tickets to KANSAS CITY the Kansas City Renaissance Festival. Motion seconded by Councilman RENAISSANCE Lievsay and carried with the following votes: FESTIVAL TICKETS Quibell - Aye Carter - Aye Lievsay- Aye Edmondson - Aye Fowler – Aye Culpepper– Aye ADOPT RESOLUTION Councilman Edmondson moved to adopt Resolution No. 36-2013 directing the NO. 36-2013 Parks Commission to develop a funding plan related to development of a PARK COMMISSION community center, deferred maintenance at existing parks and future park FUNDING PLAN development/expansion. Motion seconded by Councilman Lievsay and carried with the following votes: Quibell - Aye Carter - Aye Lievsay- Aye Edmondson - Aye Fowler – Aye Culpepper – Aye ADOPT RESOLUTION Councilman Edmondson moved to adopt Resolution No. 37-2013 approving NO. 37-2013 contact with Jim Moran A/K/A Post #499 Fike Legion Baseball for the POST #499 FIKE LEGION allocation of facilities. Motion seconded by Councilman Lievsay and carried BASEBALL with the following votes: Quibell - Aye Carter - Aye Lievsay- Aye Edmondson - Aye Fowler – Aye Culpepper – Aye ADOPT RESOLUTION Councilman Edmondson moved to adopt Resolution No. 38-2013 approving NO. 38-2013 contract with Michael P. Rooney A/K/A Rod’s Sports A’s A/K/A Post #499 ATHELTICS LEGION Athletics Legion Baseball for the allocation of facilities. Motion seconded by BASEBALL Councilman Lievsay and carried with the following votes: Quibell- Aye Carter-Aye Lievsay - Aye Edmondson - Aye Fowler - Aye Culpepper – Aye ADOPT RESOLUTION Councilman Edmondson moved to adopt Resolution No. 39-2013 approving NO. 39-2013 renaming the Pink Hill Park facility. Motion seconded by Councilman Carter RENAMING PINK HILL and carried with the following votes: PARK FACILITY Lievsay-Aye Edmondson- Aye Fowler – Aye Culpepper – Aye Carter- Aye Quibell - Aye Park & Recreation Director Dennis Dovel presented a proclamation to Craig Naler, retired Parks Superintendent, and thanked him for his thirty-two years of service to the City. Craig Naler thanked the staff for all of their support through the years and  Not Approved COUNCIL MINUTES May 6, 2013 PAGE 3 expressed his appreciation to the Mayor and City Council for the honor of having the Pink Hill Park facility named after him. He stated it had been a blessing to live and work in Blue Springs and watch his three children grow up here and for the support he had received from his wife. PRESENTATION- Major John Burrows, Missouri Group 1 Commander gave a brief presentation GRAIN VALLEY CIVIL regarding the newly formed Grain Valley Civil Air Patrol and its mission. The AIR PATROL Major gave the mission overview as: cadet programs; emergency services; and aerospace education. Major Burrows also invited the Mayor and Council to an Open House on May 13, 2013 from 7:00 – 9:00 p.m. at the Grain Valley Airport. PRESENTATION- Chris Tathum, ETC Institute Executive Vice President reviewed the final CITIZEN SURVEY report of the 2013 Citizen Survey results. He said the purpose of the survey was to: objectively assess resident satisfaction with the delivery of City services; measure trends from previous surveys; help set priorities for the community as part of the City’s ongoing planning process; and to compare Blue Spring’s performance with other cities, both local and across the United States. The survey was seven (7) pages in length and was mailed to a sample of households in the City with 610 completed surveys. The results of the DirectionFinder Citizen Satisfaction Survey reflected significant improvements in citizen satisfaction with City programs and services. According to the survey, residents were pleased with the City overall, particularly in the areas of public safety, City maintenance, City communications, parks facilities, leadership from elected officials and City administration, and the quality of customer service from City staff. Findings from the survey indicate that a majority of residents (81%) are pleased with the quality of the police services and protection of the Blue Springs Police Department, 78% are satisfied with the quality of the City’s water and sewer utilities, 81% are pleased with the quality of City parks facilities and 87% are satisfied with the City’s primary communication source with residents, the Blue Springs Magazine. The survey also reports that 83% of residents feel that commercial areas in Blue Springs are better than they were five (5) years ago, 81% of residents are satisfied with the overall quality of shopping opportunities in the city and that 90% of residents want the City to take proactive measures to encourage existing and new business redevelopment along major business corridors in Blue Springs. The three major areas that residents thought should receive the most emphasis from the City over the next two years include maintenance of City streets, sidewalks and the flow of traffic and congestion in Blue Springs. COUNCIL DISCUSSION Councilman Carter inquired if the information could be broken out demographically. Mayor Ross said he liked hearing good results that with everybody working together and collaboratively the City is “On the Move”!  Not Approved COUNCIL MINUTES May 6, 2013 PAGE 4 DISCUSSION- RENEWING Todd Pelham, Deputy City Administrator led the discussion on renewing the DOWNTOWN 353 TAX Chapter 353 Main Center Redevelopment Corporation (MCRC) Abatement ABATEMENT Program. He said at the conclusion of the 5-year lifespan of the original Chapter 353 MCRC City staff, MCRC Board, and Downtown Alive! representatives reviewed the operations and history of the Chapter 353 program for downtown Blue Springs and have worked over the past several months to develop an updated policy. The downtown 353 incentive program is intended to stimulate improvements to Main Center properties by providing an innovative public-private financing mechanism, while promoting the goals of the adopted Downtown Master Plan. Highlights of the updated policy are: 1) the entry level investment threshold has been lowered from $50,000 to $5,000 to promote additional utilization of the program; 2) interior and exterior costs for new construction and rehabilitation of an existing structure may count towards the investment range, with a goal of at least 50% going to exterior improvements, subject of the MCRC Board of Directors approval; 3) no changes are proposed for residential improvements that might affect the school district; 4) filing fee is proposed to be lowered to $250 from $750 for investment Level “C” and remain at $750 for Level “B” and “A”; 5) the tax incentive is still only available for those projects that have been approved by the MCRC Board and the City Council before the project is started; 6) the tax abatement period is once again proposed to last five (5) years from the date of Council approval; 6) the boundaries for the MCRC tax abatement district are not proposed to change. COUNCIL DISCUSSION Councilman Fowler voiced his concern over lowering the investment threshold from $50,000 to $5,000 that it was to low and that tax abatement takes away money from the schools, fire and police. He also said that it was a poor policy to approve a project after the fact and that it was not right to have given $100,000 for the bank project last year rather than to the low income and seniors. Councilman Edmondson, Councilman Lievsay and Councilman Culpepper said that they were in favor of the lower threshold for the entry level because it was hard for small businesses to make the higher amount of $50,000 and safe guards were in place. Councilman Edmondson also stated that looking at the recent citizen survey indicated that the community is impressed with the moves that are being made downtown and lowering this threshold will help those small businesses. Councilman Carter thought the downtown needed a game changer and that is why he supported light rail. He inquired if the 353 program was being used or if there was a track record. Eric Johnson stated this policy has been in place for five years and during this period there was one project which took advantage of it; so, this was some of the consideration in lowering this threshold due to the economy and the financial institutions who quit loaning money. Councilman Quibell said the taxing entities were not hurt by this policy and the Council still has an opportunity to vet before approval. ADOPT RESOLUTION Councilman Lievsay moved to adopt Resolution No. 40-2013 approving the NO. 40-2013 renewal of the Downtown 353 Tax Abatement. Motion seconded by RENEWAL OF Councilman Edmondson and carried with the following votes: DOWNTOWN 353 TAX ABATEMENT Fowler - Aye Culpepper - Aye Carter - Aye Quibell - Aye Edmondson - Aye Lievsay - Aye  Not Approved COUNCIL MINUTES May 6, 2013 PAGE 5 INTRODUCTION & Councilman Fowler introduced Bill No. 4253 amending the Code of 1ST READING – Ordinances, City of Blue Springs, Missouri, by adding the Section 220.785 to BILL NO. 4253 make it unlawful to sell, offer to sell, distribute, possess, ignite, fly, or otherwise use aerial luminaries, commonly known as Chinese Sky Lanterns, etc. Mr. Johnson made the first reading of Bill No. 4253, by title; copies of the proposed Bill having previously been made available to the public. Councilman Carter moved to approve Bill No. 4253 upon its first reading and proceed with the second reading. Motion seconded by Councilman Quibell and carried unanimously. 2ND READING- Mr. Johnson made the second reading of Bill No. 4253, by title. Councilman BILL NO. 4253 Quibell moved to adopt Bill No. 4253 upon its second reading and give it ORDINANCE NO. 4432 with a copy attached hereto and made a part of the minutes. Motion seconded by Councilman Edmondson and carried with the following votes: Carter - Aye Quibell - Aye Edmondson - Aye Lievsay - Aye Culpepper - Aye Fowler - Aye INTRODUCTION & Councilman Edmondson introduced Bill No. 4254 adding a new title “Title IX: 1ST READING – Parks” to the Code of Ordinances. Mr. Johnson made the first reading of Bill BILL NO. 4254 No. 4254, by title; copies of the proposed Bill having previously been made available to the public. Councilman Fowler moved to approve Bill No. 4254 upon its first reading and proceed with the second reading. Motion seconded by Councilman Carter. COUNCIL DISCUSSION Council reviewed and questioned sections of the proposed bill. Two of the main concerns were Section 910.040: Operation of Self-Propelled Vehicles within Public Parks and upon City Property and Section 910.010: Possession of Firearms and Projectile Shooting Devices. The Council discussed the use of motor-powered vehicles in the parks such as Segways and the right to have possession of firearms and projectile shooting devices in the parks even with Conceal and Carry permits. MOTION TO WITHDRAW Councilman Fowler moved to withdraw his motion to approve Bill No. 4254 1ST READING – upon its first reading and proceed with the second reading. Councilman Carter BILL NO. 4254 moved to withdraw his second. Mayor Ross stated at the request of Council the Bill adding a new title “Title IX: Parks” would be referred back to the Parks Commission for further review to consider items that were discussed tonight. MAYORAL Thoughts to Ponder: What’s right isn’t always popular and what’s popular is ANNOUNCEMENTS not always right. Author unknown. MOTION TO GO INTO At 7:50 p.m., Councilman Quibell moved the Council go into an executive CLOSED EXECUTIVE session to discuss real estate matters pursuant to Section 610.0212(2) of the SESSION Revised Statues of Missouri and the records remain closed. Motion seconded by Councilman Edmondson and carried with the following votes: Edmondson – Aye Lievsay – Aye Culpepper – Aye Fowler – Aye  Not Approved COUNCIL MINUTES May 6, 2013 PAGE 6 Quibell - Aye Carter – Aye MOTION TO RETURN At 8:15 p.m. Councilman Quibell moved that the Council return to regular TO REGULAR SESSION session. The motion was seconded by Councilman Edmondson and carried with the following votes: Culpepper – Aye Fowler – Aye Quibell – Aye Carter – Aye Lievsay – Aye Edmondson - Aye ADJOURNMENT At 8:15 p.m. there was no further business to come before the Council; Councilman Edmondson moved the meeting be adjourned. Motion seconded by Councilman Lievsay and carried with the following votes: Quibell – Aye Carter – Aye Lievsay – Aye Edmondson – Aye Fowler - Aye Culpepper - Aye _____________________________________ ATTEST: Carson Ross, Mayor ______________________________ Kathy Richardson, City Clerk M005062013  Council Meeting Date: 5/20/2013 Agenda Item # 3b Page 1 of 2 CITY OF BLUE SPRINGS CITY COUNCIL INFORMATION FORM DATE: May 3, 2013 SUBMITTED BY: Steve Willman DEPARTMENT: Parks & Recreation Ordinance Resolution Presentation Public Hearing Agreement Discussion Rezoning Other ISSUE/REQUEST Request to amend the online registration services agreement with The Active Network, Inc. BACKGROUND/EXPLANATION In 2007, the City entered into an agreement with The Active Network, Inc. for the Parks & Recreation Department’s online registration services. The agreement allows that when someone signs up for a program online, The Active Network, Inc. to manage the registration information, collect fees, and charge a convenience/service fee to the participant’s credit card. The convenience fee varies depending on the program fee amount. The online convenience/service fee has negatively affected online registration services. We are encountering lower than expected online registration use. To encourage more online registration use, we have included a small fee increase to the various program registration fees. This was done to cover the fee that the participant is being charged by The Active Network, Inc. for online services. The proposed amendment to the current agreement will allow the online registration participants to continue to make a program payment to The Active Network, Inc. The Active Network, Inc. will then send the collected funds to the City of Blue Springs and invoice the City for service fees. JUSTIFICATION A greater amount of online registrations is projected that will generate additional program participation, funds and lessen registration traffic at the Parks & Recreation counter operations. FINANCIAL IMPACT Contractor: The Active Network, Inc., 10182 Telesis Court, Suite 300, San Diego, CA 92121 Amount of Request/Contract: $600 for balance of FY 2012-2013 Amount Budgeted: $600 Rev 03/01/2012  Council Meeting Date: 5/20/2013 Agenda Item # 3b Page 2 of 2 Funding Source/Account Number: 100.40000.530100.000 Additional Funds Needed: NA Funding Source/Account Number: NA Tax Impact/Analysis: NA Abatement/Incentives: NA Escrow: NA PROJECT TIMELINE Estimated Start Date Estimated End Date Ongoing Ongoing STAFF RECOMMENDATION Staff recommends the amendment to the online services agreement with The Active Network, Inc. OTHER BOARDS & COMMISSIONS ASSIGNED Name of Board or Commission: NA Date: Action: LIST OF REFERENCE DOCUMENTS ATTACHED 1. Resolution with Amendment to the agreement with The Active Network, Inc. attached as “Exhibit A.” IF CONTRACT REQUIRED: 1. E-Verify Affidavits Required? NA 2. Contract/Affidavits Executed? NA REVIEWED BY Requesting Director: Dennis Dovel Finance: PW/Engineering: Legal: City Administrator: Other: Rev 03/01/2012 Introduced by Councilman Resolution No. 41-2013 RESOLUTION APPROVING AMENDMENT TO THE ACTIVE NETWORK, INC. AGREEMENT FOR ONLINE REGISTRATION SERVICES WHEREAS, the City of Blue Springs has an agreement with The Active Network, Inc. for online registration services / technical support; and WHEREAS, in an effort to generate more online registration usage, the Parks & Recreation Department is requesting a procedure change in how the online service charges are received; and WHEREAS, the online service fees have now been incorporated into the program fees and not a separate service fee charged by The Active Network, Inc.; and WHEREAS, the City will reimburse The Active Network, Inc. for their service fee and The Active Network, Inc. will not charge the participant’s credit card for registration fees and the online registration services separately; and WHEREAS, the Parks & Recreation Department recommends that we amend the current agreement with The Active Network, Inc., 10182 Telesis Court, Suite 300, San Diego, CA 92121 for online registration 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 amend the agreement with The Active Network, Inc., 10182 Telesis Court, Suite 300, San Diego, CA 92121, for online registration services. A copy of the proposed amendment is attached hereto as Exhibit “A” and is incorporated herein. The original agreement with The Active Network, Inc. is available for review in the City Clerk’s office. 2. City Staff is directed to perform all tasks necessary to implement said agreement amendment. PASSED by the City Council of the City of Blue Springs, Missouri, and approved by the Mayor of Blue Springs, this 20th day of May, 2013. CITY OF BLUE SPRINGS _________________________ Carson Ross, Mayor ATTEST: Rev. 03/01/2012 Kelli Seitz Assistant City Clerk Rev. 03/01/2012  “Exhibit A” AMENDMENT TO THE AGREEMENT This Amendment No. 1 (the “Amendment”) is made effective as of April 4, 2013 (the “Amendment Effective Date”) by and between City of Blue Springs (“Customer”) and The Active Network, Inc. (“TAN”) and amends that certain Product and Services Agreement dated as of September 10, 2007 (the “Agreement”) entered into by the Parties. Customer and TAN are also individually referenced herein as a “Party” and collectively as the “Parties.” Capitalized terms used but not defined herein shall have the meanings ascribed to such terms in the Agreement. NOW THEREFORE in consideration of the mutual covenants, recitals and promises contained in this Amendment and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged by each Party, the Parties hereto hereby agree as follows: 1. Changes to the Agreement. a. The following sentence shall replace everything in the “Fees” paragraph on Page 10 of the Pricing Proposal: “Each online registrant will pay the event registration fee charged by Customer. The Customer will pay a Service Charge equal to 6.5% of the registration fee plus $.50, with a minimum Service Charge of $2.00.” b. The second “Fees” paragraph on page 12 of the Pricing Proposal shall be entirely deleted. 2. Full Force and Effect. Except as expressly modified herein, the Agreement remains in full force and effect. All references in the Agreement to “this Agreement,” “hereto,” “hereof,” “hereunder” or words of like import referring to the Agreement shall mean the Agreement as amended by this Amendment. In the event any of the terms and conditions of the Agreement conflict with the terms and conditions of this Amendment, the terms and conditions of this Amendment shall prevail only as to the subject matter expressly stated herein. 3. Counterparts. This Amendment may be executed in several counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same document, binding against each of the Parties. To the maximum extent permitted by law or by any applicable governmental authority, this Amendment may be transmitted by facsimile, electronic mail (including pdf) or other transmission method with the same validity as if it were an ink-signed document and any counterpart so delivered shall be deemed to have been duly and validly delivered and be valid and effective for all purposes. 1  “Exhibit A” IN WITNESS WHEREOF, the Parties hereto have executed this Amendment as of the Amendment Effective Date. The Active Network, Inc. City of Blue Springs by its authorized signatory by its authorized signatories By: By: Name: Name: Eric Johnson Title: Title: City Administrator Date: Date: 4/19/2013 rev 1 2  Council Meeting Date: 5/20/2013 Agenda Item # 3c Page 1 of 2 CITY OF BLUE SPRINGS CITY COUNCIL INFORMATION FORM DATE: April 26, 2013 SUBMITTED BY: Lindsey Winfrey DEPARTMENT: Tax/Revenue Collections Ordinance Resolution Presentation Public Hearing Agreement Discussion Rezoning Other ISSUE/REQUEST Approval of a new Liquor License for Mirza Khan Inc dba Phillips 66 to sell intoxicating liquors in the original package (including Sunday). Mirza Khan Inc dba Phillips 66 is located at 3120 S Hwy 7, Blue Springs, MO 64014. BACKGROUND/EXPLANATION The Managing Agent for Mirza Khan Inc dba Phillips 66 IS Mirza Khan located at 7505 Ozark, Kansas City, MO 64129. JUSTIFICATION This application is submitted in compliance with Chapter 600 of the Blue Springs City Code. FINANCIAL IMPACT Contractor: Amount of Request/Contract: Amount Budgeted: $37.50 Funding Source/Account Number: 100.00000.410200.000 Liquor License Revenue Additional Funds Needed: Funding Source/Account Number: Tax Impact/Analysis: Abatement/Incentives: Escrow: PROJECT TIMELINE Estimated Start Date Estimated End Date  Council Meeting Date: 5/20/2013 Agenda Item # 3c Page 2 of 2 STAFF RECOMMENDATION All documents have been submitted to the Tax/ Revenue Department. A background check has been approved by Wayne McCoy (Chief of Police) and the approvals from Norman Gurney (Codes Administrator) are on file in the Tax/ Revenue Department. Staff recommends approval by City Council. OTHER BOARDS & COMMISSIONS ASSIGNED Name of Board or Commission: Date: Action: LIST OF REFERENCE DOCUMENTS ON FILE WITH THE CITY 1. Personal Property Tax Receipt of Managing Agent, Certificate of Voter Registration for Managing Agent, Exterior photos of the premises to be used by Applicant, Drawing of the interior premises to be covered by this permit, Copy of the Current Lease, and a Photo of the Managing Agent are on file in the Tax/Revenue Department. 2. Application for a Business License is on file in the Tax/Revenue Department. IF CONTRACT REQUIRED: 1. E-Verify Affidavits Required? 2. Contract/Affidavits Executed? REVIEWED BY Requesting Director: Finance: Tina Dale, Revenue Collections Supervisor PW/Engineering: Legal: City Administrator: Other:  Council Meeting Date: 5/20/2013 Agenda Item # 3d Page 1 of 2 CITY OF BLUE SPRINGS CITY COUNCIL INFORMATION FORM DATE: April 26, 2013 SUBMITTED BY: Lindsey Winfrey DEPARTMENT: Tax/Revenue Collections Ordinance Resolution Presentation Public Hearing Agreement Discussion Rezoning Other ISSUE/REQUEST Approval of a new Liquor License for US Food Mart Inc dba US Food Mart to sell intoxicating liquors in the original package (including Sunday). US Food Mart Inc is located at 2401 N 7 Hwy, Blue Springs, MO 64014. BACKGROUND/EXPLANATION The Managing Agent for US Food Mart Inc is Muhammad Bhatti and is located at 525 NE Olympic Ct, Lee’s Summit, MO 64064. JUSTIFICATION This application is submitted in compliance with Chapter 600 of the Blue Springs City Code. FINANCIAL IMPACT Contractor: Amount of Request/Contract: Amount Budgeted: $37.50 Funding Source/Account Number: 100.00000.410200.000 Liquor License Revenue Additional Funds Needed: Funding Source/Account Number: Tax Impact/Analysis: Abatement/Incentives: Escrow: PROJECT TIMELINE Estimated Start Date Estimated End Date  Council Meeting Date: 5/20/2013 Agenda Item # 3d Page 2 of 2 STAFF RECOMMENDATION All documents have been submitted to the Tax/ Revenue Department. A background check has been approved by Wayne McCoy (Chief of Police) and the approvals from Norman Gurney (Codes Administrator) are on file in the Tax/ Revenue Department. Staff recommends approval by City Council. OTHER BOARDS & COMMISSIONS ASSIGNED Name of Board or Commission: Date: Action: LIST OF REFERENCE DOCUMENTS ON FILE WITH THE CITY 1. Personal Property Tax Receipt of Managing Agent, Certificate of Voter Registration for Managing Agent, Exterior photos of the premises to be used by Applicant, Drawing of the interior premises to be covered by this permit, Copy of the Current Lease, and a Photo of the Managing Agent are on file in the Tax/Revenue Department. 2. Application for a Business License is on file in the Tax/Revenue Department. IF CONTRACT REQUIRED: 1. E-Verify Affidavits Required? 2. Contract/Affidavits Executed? REVIEWED BY Requesting Director: Finance: Tina Dale, Revenue Collections Supervisor PW/Engineering: Legal: City Administrator: Other:  Council Meeting Date: 5/20/2013 Agenda Item # 5 Page 1 of 3 CITY OF BLUE SPRINGS CITY COUNCIL INFORMATION FORM DATE: May 20, 2013 SUBMITTED BY: Scott Allen_ DEPARTMENT: Community Development Ordinance Resolution Presentation Public Hearing Agreement Discussion Rezoning Other ISSUE/REQUEST Discussion of 2013-2014 CDBG Annual Action Plan BACKGROUND/EXPLANATION As the City begins preparing its own 2013-2014 fiscal year budget, it is also the time to initiate a public discussion of proposed and planned projects for the upcoming annual allocation of Community Development Block Grant (CDBG) funds. 1. Downtown Façade Grant Program ($50,000) – This item is directly from public input on the CDBG program. This program would provide resources to help improve the aesthetic character of the City’s Downtown buildings with a cumulative effect of revitalizing Main Street. This would be a matching grant program. As part of the “Preserving America” initiative by HUD, this is an activity that can be funded with CDBG Funds. 2. Parks Projects – ($50,000) - The Parks Department has identified many projects in the City’s park system that can be upgraded. CDBG funds can be utilized in neighborhood parks for projects that benefit low/moderate income neighborhoods. 3. Minor Home Repair Program ($60,000) – This amount is new funding for the 2013-2014 program year. Funds still remain from previous CDBG program years for the MHRP. 4. First Time Home Buyers Program ($39,000) – Provide extra funding for homebuyers in Blue Springs. 5. Downtown Alive ($5,000) – The Downtown Alive group is requesting funding assistance from the City. As part of the “Preserving America” initiative by HUD, this is an activity that can be funded with CDBG Funds. 6. CDBG administration funds – ($6,150 3% of the total). Administration of the CDBG program and costs associated with administering the programs. CDBG Project updates • America’s Community Bank building has asked the City to partner with them in a restoration  Council Meeting Date: 5/20/2013 Agenda Item # 5 Page 2 of 3 project that would bring back a historically significant structure to its past glory and be a corner piece of the downtown revitalization. This project has been specifically identified in the last two (2006 & 1994) downtown revitalization plans and is the first topic of discussion when downtown revitalization is discussed. This would be a matching grant. As part of the “Preserving America” initiative by HUD, this is an activity that can be funded with CDBG Funds. The City is in the process of drafting the agreement to provide the funding for this project. The bank is requesting bids from contractors for the restoration project. • Vesper Street sidewalk was recently finished between 10th Street and 7 Highway. This project utilized CDBG funding and is an ongoing effort to provide safe and accessible pedestrian walkways in the oldest parts of our City. • Sidewalk on 10th Street from Vesper to RD Mize is the next step in this project. The Public Works department has begun the survey and design process. This project presents unique challenges due to the alignment of 10th Street and the varying widths of the existing right-of- way. After the Council’s review and direction, a DRAFT 2013-2014 Annual Action Plan will be produced and will be made available for public comment beginning on June 24, 2013 for a 30-day period ending July 24, 2013. During this time the Council and public will have the opportunity for review and comment. After all comments from the public and the Council have been received and incorporated, the final document will be presented for adoption by the City Council at the August 5th meeting in order to be forwarded to HUD by their August 15th deadline. JUSTIFICATION Staff has submitted projects for discussion to utilize annual CDBG funding based on initial discussion with Community Development and Public Works Departments, as well as initial direction from the Mayor and City Council. FINANCIAL IMPACT Contractor: Amount of Request/Contract: Amount Budgeted: $205,000 (estimated) 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 October 1, 2013 September 30, 2014 STAFF RECOMMENDATION  Council Meeting Date: 5/20/2013 Agenda Item # 5 Page 3 of 3 N/A OTHER BOARDS & COMMISSIONS ASSIGNED Name of Board or Commission: City Council Date: April 15, 2013 Action: N/A Name of Board or Commission: Date: Action: LIST OF REFERENCE DOCUMENTS ATTACHED 1. IF CONTRACT REQUIRED: 1. E-Verify Affidavits Required? 2. Contract/Affidavits Executed? REVIEWED BY Requesting Director: Scott Allen, AICP, Finance: Community Development PW/Engineering: Legal: City Administrator: Other: