City Council Agendas

CITY COUNCIL MEETING February 2, 2015 6:30 p.m. Multipurpose Room of Municipal Annex 1304 W Main 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 Assistant 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 January 20, 2015, Council meeting b. Adopt Resolution No. 06-2015 approving a contract with BMX of Blue Springs, Inc. C. Adopt Resolution No. 07-2015 approving a contract with Joe Walker Dance Band for entertainment at Vesper Hall 4. Presentation – Buy Blue Springs - Blue Springs Chamber of Commerce 5. Adopt Resolution No. 08-2015 approving a contract with the Blue Springs Chamber of Commerce 6. Introduction & readings Bill No. 4359 amending Sections 260.110, 700.030 and 715.060 of the Code of Ordinances to permit On-Site Waste Disposal Systems 7. Introduction & readings of Bill No. 4360 extending the time to file Final Plat for Cosentino’s Price Chopper No. 109 / Final Plat/ PF-05-14-4432 8. Mayoral Announcements Thoughts to Ponder 9. Visitors 10. Executive Session – Discussion pertaining to the lease, purchase, sale or disposal of real estate pursuant to Section 610.021(2) of the Revised Statutes of Missouri 11. Adjourn Miscellaneous Items Parks & Recreation Commission Meeting – Tuesday, February 3, 6:00 p.m., East Conference Room of City Hall, 903 W. Main Planning Commission Meeting – Cancelled - Monday, February 9 Public Safety Citizens Advisory Board – Tuesday, February 10, 6:00 p.m., East Conference Room of City Hall, 903 W. Main Board of Adjustment Meeting – Wednesday, February 11, 6:30 p.m., Municipal Annex, 1304 W Main Presidents’ Day – City Offices Closed – Monday, February 16 Human Relations Commission – Tuesday, February 17, 6:30 p.m., East Conference Room of City Hall, 903 W. Main Council Meeting – Tuesday, February 17, 6:30 p.m., Municipal Annex, 1304 W Main TO: Mayor, City Council, Department Directors, and Press FROM: Eric Johnson City Administrator DATE: January 29, 2015 SUBJECT: Agenda Explanations Item 3b – Adopt Resolution approving contract with BMX of Blue Springs, Inc. Resolution will approve a Facility Use Agreement with BMX of Blue Springs, Inc. for the use and operation of the BMX facility located in Pink Hill Park for the 2015 BMX season. Refer to the Council Information Form from Dennis Dovel, Director of Parks and Recreation, for further information. Item 3c – Adopt Resolution approving an agreement with Joe Walker Dance Band for entertainment at Vesper Hall Resolution will approve a one-year agreement with the Joe Walker Dance Band for dances held at Vesper Hall. Refer to the Council Information Form from Dennis Dovel, Director of Parks and Recreation, for further information. Item 4 – Presentation – Buy Blue Springs Lara Vermillion, President of the Blue Springs Chamber of Commerce, will give an update and review on the “Buy Blue Springs” program that was designed to increase local purchasing by our residents and visitors attracted from surrounding and more distant areas by promoting local merchants. Refer to the Council Information Form from Assistant City Administrator Christine Cates for further information. Item 5 – Adopt Resolution approving contract with Blue Springs Chamber of Commerce Resolution will approve a two-year contract with the Blue Springs Chamber of Commerce for the Buy Blue Springs program. The two-year agreement will provide staffing support and professionally designed marketing materials and advertising for the program. Refer to the Council Information Form from Assistant City Administrator Christine Cates for further information. Item 6 – Bill amending Titles II and VII of the Code of Ordinances to allow on-site sewer systems Bill will amend Titles II and VII of the Code of Ordinances to allow property owners on the fringe of the City, but within the City limits, to construct homes on large tracts while providing easements for future sewer mains to serve adjacent properties as the City’s sewer system is extended. Refer to the Council Information Form from Public Works Director, Chris Sandie, for further information. January 29, 2015 Page 2 Item 7 – Bill approving extension of time to file Final Plat – Cosentino’s Price Chopper No. 109 (PF-05-14-4432) Bill will approve an extension of six months to file the Final Plat of Cosentino’s Price Chopper No. 109. The Final Plat was original approved by City Council by Ordinance No. 4495 on July 7, 2014. The City’s Unified Development Code requires the plat be recorded within six months of passage. Refer to the Council Information Form from Community Development Director, Scott Allen for further information.  CITY OF BLUE SPRINGS, MISSOURI MINUTES OF COUNCIL MEETING JANUARY 20, 2015 A meeting of the City Council of the City of Blue Springs, Missouri, was held on Tuesday, January 20, 2015, 6:30 p.m. in the Multipurpose Room of the Municipal Annex, 1304 Main Street with Mayor Carson Ross presiding. COUNCILMEN IN Jeff Quibell Dale Carter ATTENDANCE Chris Lievsay Kent Edmondson Ron Fowler Susan Culpepper Also present were City Administrator Eric Johnson, Deputy City Administrator Adam Norris, Assistant City Administrator, Christine Cates, City Attorney Nancy Yendes, and City Clerk Sheryl Morgan. CALL MEETING Mayor Carson Ross called the City Council meeting to order. TO ORDER MAYOR COMMENTS Mayor Ross gave a brief recap of the meeting agenda and explained the Consent Agenda. APPROVE CITY COUNCIL Councilman Edmondson moved to approve the minutes of the MINUTES December 15, 2014 meeting of the City Council meeting. Motion seconded by Councilman Carter and carried with the following votes: Councilman Quibell – Aye Councilman Carter – Aye Councilman Lievsay –Aye Councilman Edmondson – Aye Councilman Fowler – Aye Councilman Culpepper – Aye Mayor Ross – Aye APPROVE LIQUOR Councilman Edmondson moved to approve a new liquor license for LICENSE – BLUE Ingram Ventures LLC dba Blue Springs Xpress Mart located at 280 SPRINGS XPRESS MART NW Woods Chapel Road to sell intoxicating liquor in the original package for consumption off premises and Sunday sales. Motion seconded by Councilman Carter and carried with the following votes: Councilman Quibell – Aye Councilman Carter – Aye Councilman Lievsay –Aye Councilman Edmondson – Aye Councilman Fowler – Aye Councilman Culpepper – Aye Mayor Ross – Aye ADOPT RESOLUTION Councilman Edmondson moved to adopt Resolution No. 01-2015 NO. 01-2015 – approving an amendment to the City’s Section 125 Flexible Benefit AMENDMENT TO Plan Document and Service Agreement allowing employees to SECTION 125 PLAN revoke plan elections to take advantage of eligibility opportunities through the federal Marketplace. Motion seconded by Councilman Carter and carried with the following votes: 1  Councilman Quibell – Aye Councilman Carter – Aye Councilman Lievsay –Aye Councilman Edmondson – Aye Councilman Fowler – Aye Councilman Culpepper – Aye Mayor Ross – Aye ADOPT RESOLUTION Councilman Edmondson moved to adopt Resolution No. 02-2015 NO. 02-2015 – REVISED approving a revised contract with the City’s Prosecuting Attorney, CONTRACT WITH Vernon Scoville. Motion seconded by Councilman Carter and PROSECUTING carried with the following votes: ATTORNEY Councilman Quibell – Aye Councilman Carter – Aye Councilman Lievsay –Aye Councilman Edmondson – Aye Councilman Fowler – Aye Councilman Culpepper – Aye Mayor Ross – Aye ADOPT RESOLUTION Councilman Edmondson moved to adopt Resolution No. 03-2015 NO. 03-2015 – approving the submission of an application to rename the Woods APPLICATION TO Chapel Road at I-70 Bridge in memory of former Public Works RENAME BRIDGE Director, Dr. Oliver De Grate, III. Motion seconded by Councilman Carter and carried with the following votes: Councilman Quibell – Aye Councilman Carter – Aye Councilman Lievsay –Aye Councilman Edmondson – Aye Councilman Fowler – Aye Councilman Culpepper – Aye Mayor Ross – Aye APPROVE BOARD/ Councilman Edmondson moved to approve the appointment of COMMISSION Cindy Hood to the Public Safety Citizens’ Advisory Board, and APPOINTMENTS Frederick Manning to the Board of Adjustment. Motion seconded by Councilman Carter and carried with the following votes: Councilman Quibell – Aye Councilman Carter – Aye Councilman Lievsay –Aye Councilman Edmondson – Aye Councilman Fowler – Aye Councilman Culpepper – Aye Mayor Ross – Aye ADOPT RESOLUTION Councilman Edmondson moved to adopt Resolution No. 04-2015 NO. 04-2015 – CONTRACT approving an agreement with GAI Consultants, Inc. to conduct a tax FOR ADAMS FARM TIF increment financing revenue study for the Adams Farm TIF. Motion BOND REVENUE STUDY seconded by Councilman Carter and carried with the following votes: Councilman Quibell – Aye Councilman Carter – Aye Councilman Lievsay –Aye Councilman Edmondson – Aye Councilman Fowler – Aye Councilman Culpepper – Aye Mayor Ross – Aye PRESENTATION – Jim Holley, Assistant Director of Community Development stated on AMENDMENT TO CDBG December 15, 2014, Council authorized Staff to publish the 2011-16 CONSOLIDATED proposed amendment to the CDBG 2011-201 Consolidated Plan PLAN AND 2014-15 and 2014-15 Annual Action Plan for the required 30-day comment ANNUAL ACTION PLAN 2  period. The amendment includes a public service funding component to the Consolidated Plan and adjusts the Annual Action Plan to reallocate funds to the Community Services League and Hope House. The comment period has closed. Tonight’s public meeting is the last step before the Amended Plan can be presented to HUD for their 60-day review period for approval. ADOPT RESOLUTION Councilman Edmondson moved to adopt Resolution No. 05-2015 NO. 05-2015 – approving an Amendment to the CDBG 2011-16 Consolidated Plan AMENDMENT TO CDBG & 2014-15 Annual Action Plan to incorporate public service funding 2011-16 CONSOLIDATED to outside agencies, and adjust the Annual Action Plan for 2014- PLAN AND 2014-15 2015 to reallocate funds to the Community Services League and ANNUAL ACTION PLAN Hope House. Motion seconded by Councilman Carter and carried unanimously. PRESENTATION – Tom Echerd, Chairman of the Public Safety Citizen’s Advisory PUBLIC SAFETY Board, presented the Board’s annual update to Council. Mr. Echerd CITIZEN’S ADVISORY outlined the Board’s goals and accomplishments during the past BOARD year, as well as items requested for consideration. INTRODUCTION AND 1ST Councilman Edmondson introduced Bill No. 4355 amending Section READING – BILL NO. 4355 355.010 of the Code of Ordinances of the City of Blue Springs, AMENDING SECTION Missouri, by Adding Two New Paragraphs to Schedule III, Table III- 355.010 OF CODE OF A, Prohibiting Parking at Certain Locations Within the Hidden Ridge ORDINANCES Subdivision. Ms. Morgan made the first reading of Bill No. 4355, by PROHIBITING PARKING – HIDDING RIDGE title; copies of the proposed Bill having previously been made SUBDIVISION available to the public. Councilman Fowler moved to approve Bill No. 4355 upon its first reading and proceed with the second reading. Motion seconded by Councilman Carter and carried unanimously. 2ND READING – BILL NO. Ms. Morgan made the second reading of Bill No. 4355, by title. 4355 Councilman Quibell moved to adopt Bill No. 4355 upon its second reading and give it ORDINANCE NO. 4528, with a copy attached hereto and made a part of the minutes. Motion seconded by Councilman Culpepper and carried with the following vote: Councilman Fowler – Aye Councilman Culpepper – Aye Councilman Carter – Aye Councilman Quibell – Aye Councilman Edmondson – Aye Councilman Lievsay –Aye Mayor Ross – Aye INTRODUCTION AND 1ST Councilman Edmondson introduced Bill No. 4356 amending Section READING – BILL NO. 4356 355.010 of the Code of Ordinances of the City of Blue Springs, AMENDING SECTION Missouri, by Adding a New Paragraph to Schedule III, Table III-A, 355.010 OF CODE OF Prohibiting Parking at NW Arbor Drive, South and East Side, from ORDINANCES NW 1st Street to NW Pecan, Within the Brittany Hills Subdivision. PROHIBITING PARKING – BRITTANY HILLS Ms. Morgan made the first reading of Bill No. 4356, by title; copies SUBDIVISION of the proposed Bill having previously been made available to the public. 3  Councilman Fowler to approve Bill No. 4356 upon its first reading and proceed with the second reading. Motion seconded by Councilman Carter and carried unanimously. 2ND READING – BILL NO. Ms. Morgan made the second reading of Bill No. 4356, by title. 4356 Councilman Quibell moved to adopt Bill No. 4356 upon its second reading and give it ORDINANCE NO. 4529, with a copy attached hereto and made a part of the minutes. Motion seconded by Councilman Culpepper and carried with the following vote: Councilman Carter – Aye Councilman Quibell – Aye Councilman Edmondson – Aye Councilman Lievsay –Aye Councilman Culpepper – Aye Councilman Fowler – Aye Mayor Ross – Aye INTRODUCTION AND 1ST Councilman Edmondson introduced Bill No. 4357 amending Section READING – BILL NO. 4357 355.010 of the Code of Ordinances of the City of Blue Springs, AMENDING SECTION Missouri, by Adding Six New Paragraphs Prohibiting Parking at 355.010 OF CODE OF Certain Locations Within the Villas at Chapman Farms and the ORDINANCES Gardens at Chapman Farms Subdivisions. Ms. Morgan made the PROHIBITING PARKING – VILLAS AT CHAPMAN first reading of Bill No. 4357, by title; copies of the proposed Bill FARMS AND GARDENS having previously been made available to the public. AT CHAPMAN FARMS Councilman Fowler moved to approve Bill No. 4357 upon its first reading and proceed with the second reading. Motion seconded by Councilman Carter and carried unanimously. 2ND READING – BILL NO. Ms. Morgan made the second reading of Bill No. 4357, by title. 4357 Councilman Quibell moved to adopt Bill No. 4357 upon its second reading and give it ORDINANCE NO. 4530, with a copy attached hereto and made a part of the minutes. Motion seconded by Councilman Culpepper and carried with the following vote: Councilman Edmondson – Aye Councilman Lievsay –Aye Councilman Culpepper – Aye Councilman Fowler – Aye Councilman Quibell – Aye Councilman Carter – Aye Mayor Ross – Aye INTRODUCTION AND 1ST Councilman Edmondson introduced Bill No. 4358 approving the READING – BILL NO. 4358 Final Plat for Parkway Estates PR-O 21st Plat, Lots 28 thru 63, Tract – FINAL PLAT (PF-12-14- S, north of SE Crimson Court, east of SE Monterrey Drive, north of 4699) SE Shamrock Land, and west of SE Taylor Road (PF-12-14-4699). Ms. Morgan made the first reading of Bill No. 4358, by title; copies of the proposed Bill having previously been made available to the public. Councilman Fowler moved to approve Bill No. 4358 upon its first reading and proceed with the second reading. Motion seconded by Councilman Carter and carried unanimously. 4 2ND READING – BILL NO. Ms. Morgan made the second reading of Bill No. 4358, by title. 4358 Councilman Quibell moved to adopt Bill No. 4358 upon its second reading and give it ORDINANCE NO. 4531, with a copy attached hereto and made a part of the minutes. Motion seconded by Councilman Culpepper and carried with the following vote: Councilman Culpepper – Aye Councilman Fowler – Aye Councilman Quibell – Aye Councilman Carter – Aye Councilman Lievsay –Aye Councilman Edmondson – Aye Mayor Ross – Aye MAYORAL Mayor Ross expressed his sympathy to Councilman Culpepper and ANNOUNCEMENTS her husband in their loss of their daughter in Texas. Thoughts to Ponder: Quotes:  Life’s most persistent and urgent question is “What are you doing for others?”  The quality and not the longevity of life is what is important. Dr. Martin Luther King, Jr. Mayor Ross recently went to see the movie “Selma” and was privileged to attend an event where he was able to meet the children of Selma. Mayor Ross also recently attended an MLK celebration at First Christian Church and the MLK Legacy and Scholarship Awards dinner. ADJOURNMENT At 7:20 p.m. there was no further business to come before the Council; Councilman Edmondson moved the meeting be adjourned. Motion seconded by Councilman Carter and carried unanimously. ___________________________________ ATTEST: Carson Ross, Mayor ______________________________ Sheryl Morgan, City Clerk 5  Council Meeting Date: 2/2/2015 Agenda Item #: 3b Page 1 of 2 CITY OF BLUE SPRINGS CITY COUNCIL INFORMATION FORM DATE: January 9, 2015 SUBMITTED BY: Dennis Dovel DEPARTMENT: Parks & Recreation Ordinance Resolution Presentation Public Hearing Agreement Discussion Rezoning Other ISSUE/REQUEST A Resolution approving a Facility Use Agreement between the City of Blue Springs and BMX of Blue Springs, Inc. for the use and operation of the BMX facility located in Pink Hill Park. BACKGROUND/EXPLANATION The BMX facility has been in operation since 1984 in Pink Hill Park. It is operated from April through November of each year for BMX practices, meets, and special events. The operation of the facility is not under the management of the City of Blue Springs. BMX of Blue Springs, Inc. works closely with the City in the management and upkeep of the facility. JUSTIFICATION Parks & Recreation staff met with BMX of Blue Springs Inc. to discuss the operation and maintenance requirements for the 2015 BMX season. FINANCIAL IMPACT Contractor: BMX of Blue Springs, Inc. 1610 NW Pin Oak Ct. Grain valley, MO 64029 Amount of Request/Contract: NA Amount Budgeted: NA Funding Source/Account #: NA PROJECT TIMELINE Estimated Start Date Estimated End Date March 1, 2015 February 29, 2016 STAFF RECOMMENDATION Staff recommends approval. OTHER BOARDS & COMMISSIONS ASSIGNED Name of Board or Commission: NA Date: NA Action: NA Rev 05/01/2014  Council Meeting Date: 2/2/2015 Agenda Item #: 3b Page 2 of 2 LIST OF REFERENCE DOCUMENTS ATTACHED 1. Resolution with copy of proposed 2015 Facility Use Agreement, attached as Exhibit “A.” IF CONTRACT REQUIRED: 1. E-Verify Affidavits Required? N/A 2. Contract/Affidavits Executed? N/A REVIEWED BY Requesting Director: Budget: Dennis Dovel, Parks & Recreation Legal: City Administrator: Nancy Yendes, Esq. Rev 05/01/2014 Introduced by Councilman Resolution No. 06-2015 A RESOLUTION APPROVING AN AGREEMENT WITH BMX OF BLUE SPRINGS, INC. TO ALLOCATE CITY PROPERTY FOR USAGE BY THE YOUTH SPORTS ORGANIZATION WHEREAS, the City of Blue Springs Parks and Recreation Department coordinates the use of City facilities for practices, meets and special events use; and WHEREAS, the Blue Springs BMX race track has been in operation since 1984; and WHEREAS, the Parks and Recreation Department staff met with representatives of BMX of Blue Springs, Inc. to discuss the BMX track management and use; and WHEREAS, the Parks and Recreation Department recommends entering into an agreement with BMX of Blue Springs, Inc. to allocate needed facilities and support to continue to provide service to the BMX of Blue Springs, Inc. in order to provide BMX activities. 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 BMX of Blue Springs, Inc., 1610 NW Pin Oak Ct., Grain Valley, Missouri 64029, for property usage in Pink Hill Park. A copy of the proposed Contract is attached hereto as Exhibit “A” and is incorporated herein. 2. City Staff is directed to perform all tasks necessary to implement said Contract. PASSED by the City Council of the City of Blue Springs, Missouri, and approved by the Mayor of Blue Springs, this 2nd day of February, 2015. _________________________ Carson Ross, Mayor ATTEST: ________________________________ Sheryl Morgan, City Clerk Rev. 05/01/2014  EXHIBIT A 2015 FACILITY USE AGREEMENT -Between- The City of Blue Springs and BMX of Blue Springs, Inc. The following document shall serve as a cooperative facility use agreement/contract between the City of Blue Springs (hereinafter the “City”) and BMX of Blue Springs, Inc. (hereinafter “BMX”) enacted this 2nd day of February, 2015. In consideration of being allowed to operate the City’s facilities in conjunction with the City of Blue Springs, MO, Parks and Recreation Department, BMX agrees that: 1. BMX is an incorporated, not-for-profit volunteer organization devoted to the development and promotion of BMX racing within the community for children, youth and adults. BMX shall maintain Section 501(c) (3) of the Internal Revenue Code tax status. There shall be a BMX checking or savings account established and maintained. 2. BMX shall maintain liability insurance for those involved with the operation of the program, including BMX administration, volunteers, participants, and any other personnel utilized in the organization and running of practices, meets, and other special events. Specific insurance requirements will include: A) Coverage Limits: Minimum coverage shall include Comprehensive General Liability: Minimum limit $2,000,000 combined single limit for bodily injury and property damage per occurrence with City named as an additional insured on the policy and Comprehensive Automobile Liability: $2,000,000 combined single limit with City named as an additional insured on the policy. B) Cancellation Notification: The policy or policies, if available and possible, shall contain a provision that the policy will not be cancelled unless and until thirty (30) days’ notice of said cancellation has been given to the City, but, in any event, the BMX, any time after the Agreement has been signed, shall notify the City of any impending cancellation, actual cancellation, termination or nonrenewal of the policy by faxing or delivering to the City a copy of the insurer's cancellation, termination or nonrenewal notice to BMX within two (2) business days of BMX’s receipt of said notice. BMX shall also advise the City in writing within two (2) business days of any oral or other advisement by the insurer of any impending cancellation, actual cancellation, termination or nonrenewal of the policy. C) Workers’ Compensation: if required, statutory requirements. D) Financial Strength: Provider of insurance coverage will be: 1) Licensed and admitted in The State of Missouri, and 2) Have a Best Guide rating of “A” or better. 1  EXHIBIT A Proof of necessary insurance coverage shall be filed with the Blue Springs, Missouri, Parks and Recreation Department prior to the beginning of each BMX season. BMX, shall defend, indemnify, and hold the City and its elected or appointed officials, officers, employees and agents harmless from and against all actual claims and alleged claims and all damages, including but not limited to losses, liabilities, costs, expenses and attorney fees arising out of personal injuries, including illness or death, and damage to, or destruction of, property, which are caused by the BMX or the BMX’s agents, employees, sub-contractors or by others for whom BMX, is liable arising out of or in any way connected with or resulting from, performance of, or failure to perform, this contract or the use of the facilities specified herein. 3. BMX shall have the following documents on file with the Blue Springs Parks and Recreation Department 30 days prior to the first allocated date of use: 1) Track rules and regulations, 2) A tentative copy of that season’s operational budget, and 3) Proof of 501(c) (3) tax status. If documents haven’t been received within the 30 day time frame, the allocated use will not be authorized. Following the completion of each season, if requested, a copy of the organization’s annual report will be forwarded to the Blue Springs, MO, Director of Parks and Recreation. 4. In conjunction with utilizing facilities of the City, BMX may not charge a mandatory spectator admission fee for regular season meets or practices. However, BMX will be allowed to fund operations through the following methods: 1) Voluntary (but not mandatory) donations at the gate, 2) Voluntary donations through means of “passing the hat,” 3) Organization fundraiser(s), 4) Participant and/or track entry fees, and 5) Any other charitable contributions or gifts. If so desired, BMX will be allowed to impose a mandatory admission fee for meets, provided that those charged are entering the actual track complex area. However, if such an admission fee for spectators is charged, prior approval is required by the Blue Springs Parks and Recreation Department, and the BMX, agrees to reimburse the City 15% of that gate fee collected. In accordance with the Blue Springs Parks and Recreation Department receiving federal Land and Water Conservation Fund (LWCF) monies, meet and/or clinic admission fees may not be collected at the entrance of a park itself, and are not to be collected of general park patrons. 5. BMX recognizes that a concession contract presently exists between the City and a designated concessionaire. The current concessionaire contract is with BMX. 6. BMX shall operate at those facilities designated for use by the Blue Springs Parks and Recreation Department, and accept those allocations as assigned. These facilities are only to be used for BMX practices and meets and are not to be reallocated by BMX or any other organization without the prior approval of Blue Springs Parks and Recreation Department. The following facility will be utilized by Blue BMX: A. Pink Hill Park BMX Track, March 1, 2015 – February 29, 2016, Races (Tuesdays, Fridays, Saturdays and Sundays) 7. BMX will submit to the Blue Springs Parks and Recreation Department a schedule of practices, meets, and special events to be conducted at City-owned facilities at least one week 2  EXHIBIT A prior to the start of the BMX season. Additionally, BMX will submit to the Blue Springs Parks and Recreation Department requests regarding any races (regular season or tournament) in need of rescheduling that would extend the BMX season past its originally allocated facility dates. BMX acknowledges those predetermined schedules of both its organization and others as well, and will work with the Blue Springs Parks and Recreation Department to determine mutually acceptable dates for rescheduling contests. 8. BMX will be responsible for any damages/impairments to facilities of the City which occur during the organization’s use of the allocated facilities. BMX agrees to reimburse the City for any facility repair or equipment replacement necessitated by BMX’s use of the premises (normal wear and tear excepted). The Blue Springs Parks and Recreation Department reserves the right to cancel activities in cases of extreme weather, whereby play might cause undue damage to the facilities, or potentially endanger the health of participants, spectators, or program-related personnel. 9. BMX may not make alterations and/or improvements to pre-existing facilities without first receiving the approval of the Blue Springs Parks and Recreation Department, and the Director of Parks and Recreation. 10. BMX agrees to reimburse the City for program related costs incurred through the operation of facility lighting, press box and scoreboard use. BMX will reimburse the City for these expenses in the form of a lump-sum payment following the completion of the league’s agreement. Electrical use billing will include an annual utility maintenance fee of 30%. The utility maintenance fee will be used to clean, re-aim, re-bulb the field lighting system on a scheduled basis. 11. BMX is responsible for, and agrees to provide for, any post-race or post practice clean-up necessary to leave allocated facilities in the condition in which it was found prior to utilization by BMX. If any maintenance or further clean-up services are necessary on behalf of the Parks and Recreation Department, BMX will be responsible for reimbursement of those costs, with a one-hour minimum billing at the hourly rate. 12. BMX recognizes that the Blue Springs Parks and Recreation Department operates on an annual budget which may be reduced by the Blue Springs City Administrator and/or the Blue Springs City Council. Funds available for improvements to present Blue Springs’ park facilities, the procurement of new parklands, and the expansion of departmental program opportunities are determined with annual budgetary limitations in consideration. 13. In an effort to facilitate communication between the Blue Springs Parks and Recreation Department and BMX, BMX will attempt to notify the Department of organization administrative or general membership meetings. A contact person from within the Department will then be allowed the opportunity to attend appropriate meetings. 14. BMX agrees to participate in the annual Youth Sports Expo held each year in February. 15. BMX agrees to abide by the City’s “4 Guiding Principles” which are: 3  EXHIBIT A A. We are a Family oriented community. B. We desire a high level of "Livability" a community that is user-friendly, and easy place to live. C. We desire to strive for and recognize Quality in all aspects of living and working in the City. D. We value and appreciate the importance of Innovation in problem solving and charting a future course for our community. In conjunction with extending BMX, facility use privileges, the Blue Springs, Missouri, Parks and Recreation Department agrees to: 1. Recognize BMX as an incorporated, not-for-profit organization devoted to the development and promotion of BMX racing within the community for children, youth and adults, respective of the organization remaining non-discriminatory, competent, and financially solvent in their operation. 2. Hold harmless BMX from claims relating to bodily injury or damages to property that result solely from negligence on the part of Blue Springs Parks and Recreation Department or the City. 3. Establish a Departmental contact person to act as a liaison to BMX. This Departmental employee will provide, upon request, assistance regarding recreation programming, scheduling and rescheduling efforts, and Departmental philosophy. All of the youth athletic associations, including BMX, are invited to attend the monthly meetings of the Blue Springs Park Commission. 4. Allow BMX to generate revenue for operations, provided that program-related revenues and monies are collected by one of the methods previously noted as acceptable and are only used to facilitate operations of the BMX program. 5. Attempt to work in cooperation with BMX, if a number of practices or meets need to be rescheduled that would extend the BMX season past its originally allocated facility use dates. Parks and Recreation Department Staff will also attempt to actively assist BMX, with facility scheduling, park infrastructure concerns, publicity efforts, etc., associated with those national BMX tournaments or special events sought to be hosted at the BMX track facility. 6. Schedule and perform standard maintenance tasks at City-owned and operated facilities. This is to include: 1) Routine mowing of park facilities, including interior track areas, 2) Routine park system trash removal (not exempting the BMX organization from post-practice or post practice clean-up responsibilities), 3) Provision for facility and field lighting, 4) Provision and maintenance of facility restrooms, 5) Assistance when additional facility seating is necessitated, and 6) General repair and/or replacement of broken facility lights, electrical components, fencing, etc. 4  EXHIBIT A 7. Make improvements to existing parks within the Blue Springs’ system (including Pink Hill Park) and procure and develop new facilities within the limits of the annual Departmental budget. 8. The Director of Parks and Recreation will work cooperatively with BMX to establish a mutually acceptable utilities reimbursement schedule. The terms of this agreement shall commence on March 1, 2015, and end on February 29, 2016. This agreement shall remain continuous for that time period, respective of both parties fulfilling their contractual obligations as expressly denoted herein. ___________________________________ Luke Pearce, President Date BMX of Blue Springs, Inc. ____________________________________ Eric Johnson, City Administrator Date City of Blue Springs 5  Council Meeting Date: 2/2/2015 Agenda Item #: 3c Page 1 of 2 CITY OF BLUE SPRINGS CITY COUNCIL INFORMATION FORM DATE: January 15, 2015 SUBMITTED BY: Dennis Dovel DEPARTMENT: Parks & Recreation Ordinance Resolution Presentation Public Hearing Agreement Discussion Rezoning Other ISSUE/REQUEST A resolution to enter into a one year agreement with the Joe Walker Dance Band for entertainment at Vesper Hall. BACKGROUND/EXPLANATION Vesper Hall provides entertainment in the same manner as the Music in the Parks during the summer. The “Joe Walker Dance Band” has agreed to provide entertainment at Vesper Hall as scheduled. The attached agreement provides for a maximum of $4,500 for the year. Vesper Hall patrons pay an entrance fee to dances, $5 of which will be paid to the band by the City. JUSTIFICATION Council approval of an agreement is required to provide for this type of entertainment by the Joe Walker Dance Band. This agreement is modeled after the Music in the Parks Agreement from 2014. FINANCIAL IMPACT Contractor: Joe Walker Dance Band Amount of Request/Contract: Not to exceed $4,500 Amount Budgeted: $4,500 Funding Source/Account #: 100.45000.520901.000 PROJECT TIMELINE Estimated Start Date Estimated End Date February 3, 2015 February 2, 2016 STAFF RECOMMENDATION Staff recommends approval. OTHER BOARDS & COMMISSIONS ASSIGNED Name of Board or Commission: N/A Date: N/A Action: N/A Rev 05/01/2014  Council Meeting Date: 2/2/2015 Agenda Item #: 3c Page 2 of 2 LIST OF REFERENCE DOCUMENTS ATTACHED 1. Resolution with Agreement (attached as Exhibit “A”). IF CONTRACT REQUIRED: 1. E-Verify Affidavits Required? No 2. Contract/Affidavits Executed? No REVIEWED BY Requesting Director: Budget: Dennis Dovel, Parks & Recreation Legal: City Administrator: Nancy Yendes, Esq. Rev 05/01/2014 Introduced by Councilman RESOLUTION NO. 07-2015 A RESOLUTION APPROVING AN AGREEMENT WITH THE JOE WALKER DANCE BAND WHEREAS, each year the City enters into agreements with entertainers for programs offered by Parks and Recreation at Vesper Hall; and WHEREAS, the “Joe Walker Dance Band” has agreed to provide entertainment at Vesper Hall. NOW, WHEREFORE, be it resolved and approved by the City Council of the City of Blue Springs, Missouri, as follows: 1: That the City Administrator of the City of Blue Springs, Missouri, is hereby authorized and directed to enter into an Agreement with the “Joe Walker Dance Band” for entertainment at Vesper Hall, a copy of which is attached hereto as Exhibit “A,” in an amount not to exceed $4,500.00. 2: That this Resolution shall be in full force and in 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 2nd day of February, 2015. CITY OF BLUE SPRINGS ________________________________ Carson Ross, Mayor ATTEST: ______________________________ Sheryl Morgan, City Clerk Rev. 05/01/2014 EXHIBIT A CITY CONTRACTOR Name: Joe Walker Dance Band CITY OF BLUE SPRINGS 903 MAIN ST Address: P.O. Box 263, Grain Valley, MO 64029 BLUE SPRINGS, MO 64015 Attention: Marty Bears Attention: Barb Murray Department: Parks & Recreation – Vesper Hall Phone: 816.650.5400 Fax: Phone: 816-228-0271 Fax: 816-228-4340 Tax ID Number: CONTRACTOR AGREEMENT (CONTRACT) THIS AGREEMENT, made and entered into this 2nd day of February, 2015, by the parties identified above. WITNESSETH: THAT, WHEREAS, the City of Blue Springs desires to engage the Joe Walker Dance Band (hereinafter referred to as “Contractor”) to perform certain services, in connection with a performance more particularly described in Exhibit A; and WHEREAS, the Contractor made certain representations and statements to the City with respect to the provision of such services and the City has accepted said proposal; NOW, THEREFORE, for the considerations herein expressed, it is agreed by and between the City and the Contractor as follows: 1. Services. The City agrees to engage the services of the Contractor and the Contractor agrees to perform the services hereinafter set forth in connection with projects described in Exhibit A. 2. Addition to Services. The City may add to the Contractor services or delete therefrom activities based on unit cost as set forth in Exhibit A or the bid document(s) associated with this Contract, or by written Change Orders that may be agreed to by both the City and Contractor, provided that the total cost of such work will be added to, or deleted from, the total cost as specified in Paragraph 6 hereof. The Contractor shall undertake such changed activities only upon the direction of the City. All such directives and changes shall be in written form and prepared and approved by the Department Head for the City as related to this contract, or his designee, with approval of the City Council if required, and shall be accepted and countersigned by the Contractor. 3. Exchange of Information. All information and instruction relative to performances shall be provided and scheduled at such times as may be designated by the City’s Parks & Recreation Department and the parties shall cooperate with each other in every way possible in carrying out the scope of services. 4. Personnel. The Contractor represents that Contractor will secure at Contractor’s own expense, all personnel required to perform the services called for under this contract by Contractor. Such personnel shall not be city employees of or have any contractual relationship with the City except as employees of the Contractor. All of the services required hereunder will be performed by the Contractor or under Contractor’s direct supervision and all personnel engaged in the work shall be fully qualified and shall be authorized under state and local law to perform such services. None of the work or services covered by this contract shall be subcontracted without the written approval of the City. Page 1 Rev. 05/01/2014 EXHIBIT A 5. Term. All of the services required hereunder shall be completed within twelve months of the date of this agreement as set forth on Exhibit A and as scheduled by the City Parks & Recreation Department. 6. Costs not to Exceed. The City of Blue Springs is limited by law and its bidding and procurement process with respect to the amount of money it can pay. Therefore, the City has established a fixed sum amount described in Section 7.b below and the Maximum Payment section of Exhibit A for this contract which cannot be exceeded unless this contract is amended. The Contractor shall notify the City if Contractor anticipates that the contract amount may be exceeded, in order to determine whether or not the City is prepared to increase the total compensation. 7. Payment. a. Conditioned upon acceptable performance. Provided Contractor performs the services in the manner set forth in paragraph 1 hereof, the City agrees to pay the Contractor in accordance with the terms set forth in Exhibit A, which shall constitute complete compensation for all services to be rendered under this contract; provided, that where payments are to be made periodically to Contractor for services rendered under this contract, the City expressly reserves the right to disapprove in whole or in part a request for payment where the services rendered during the period for which payment is claimed are not performed in a timely and satisfactory manner in accordance with the schedule set by the Parks & Recreation Department and description of services set forth in Exhibit A. b. Total compensation not to exceed. It is expressly understood that in no event will the total compensation and reimbursement to be paid to the Contractor, under the terms of this contract, exceed the sum of Four Thousand and Five Hundred and No/100 Dollars ($4,500.00) unless agreed to by City and Contractor in writing. 8. Termination of Contract. a. Termination for breach. Failure of the Contractor to fulfill Contractor's obligations under this contract in a timely and satisfactory manner in accordance with the schedule and description of services set forth in Exhibit A shall constitute a breach of the contract, and the City shall thereupon have the right to immediately terminate the contract. The City shall give written notice of termination to the Contractor by one of three different means: Facsimile Transmission ("FAX") if Contractor has a FAX number; U.S. Postal Service Mails; or by hand delivering a copy of the same to the Contractor; or may give notice by any combination of the above methods. The date of termination shall be the date upon which notice of termination is hand delivered to Contractor or given by FAX, or the third day following mailing of the notice of termination, whichever first occurs. In the event of termination for breach, the Contractor shall be entitled to receive just and equitable compensation for any satisfactory work completed on such project, provided that the Contractor shall not be relieved of liability to the City for damages sustained by the City by virtue of any such breach of the contract by the Contractor. b. Termination for Convenience. The City shall have the right at any time by written notice to Contractor to terminate and cancel this contract, without cause, for the convenience of the City, and Contractor shall immediately stop work. In such event City shall not be liable to Contractor except for payment for actual work performed prior to such notice in an amount proportionate to the completed contract price and for the actual costs of preparations made by Contractor for the performance of the cancelled portions of the contract, including a reasonable allowance of profit applicable to the actual work performed and such preparations. Anticipatory profits and consequential damages shall not be recoverable by Contractor. 9. Conflicts. No salaried officer or employee of the City and no member of the City Council shall have a financial interest, direct or indirect, in this contract. A violation of this provision renders the contract void. Any federal regulations and applicable provisions in Section 105.450 et seq. RSMo. shall not be violated. Contractor covenants that it presently has no interest and shall not acquire any interest, direct or indirect, which would conflict Page 2 Rev. 05/01/2014 EXHIBIT A in any manner or degree with the performance of services to be performed under this contract. The Contractor further covenants that in the performance of this contract no person having such interest shall be employed. 10. Assignment. The Contractor shall not assign this Contract, nor any interest in this contract, and shall not transfer any interest in the same (whether by assignment or novation), without prior written consent of the City thereto. . 11. Discrimination. The Contractor agrees in the performance of this contract not to discriminate on the ground or because of race, creed, color, national origin or ancestry, sex, religion, handicap, age, or political opinion or affiliation, against any employee of Contractor or applicant for employment and shall include a similar provision in all subcontracts let or awarded hereunder. 12. Occupational License: The Contractor shall obtain and maintain an occupational license with the City of Blue Springs, Missouri, if required by City Code and any required state or federal license. The cost for this occupational license shall be borne by the Contractor. Contractor shall not purchase materials or begin work on this contract until this occupational license has been obtained. 13. Compliance with Laws. Contractor agrees to comply with all applicable federal, state and local laws, or rules and regulations applicable to the provision of services and products hereunder. Contractor affirmatively states that payment of all local, state, and federal taxes and assessments owed by Contractor is current. 14. General Independent Contractor Clause. This contract does not create an employee/employer relationship between the parties. It is the parties' intention that the Contractor will be an independent contractor and not the City's employee for all purposes, including, but not limited to, the application of the Fair Labor Standards Act minimum wage and overtime payments, Federal Insurance Contribution Act, the Social Security Act, Missouri Prevailing Wage requirements, the Federal Unemployment Tax Act, the provisions of the Internal Revenue Code, Missouri revenue and taxation laws, Missouri workers' compensation and unemployment insurance laws. The Contractor will retain sole and absolute discretion in the judgment of the manner and means of carrying out the Contractor's activities and responsibilities hereunder. The Contractor agrees that it is a separate and independent enterprise from the public employer, that it has a full opportunity to find other business, that it has made its own investment in its business, and that it will utilize a high level of skill necessary to perform the work. This contract shall not be construed as creating any joint employment relationship between the Contractor and the City, and the City will not be liable for any obligation incurred by the Contractor, including but not limited to unpaid minimum wages and/or overtime premiums. 15. City Benefits. The Contractor shall not be entitled to any of the benefits established for the employees of the City nor be covered by the Worker's Compensation Program of the City. 16. Liability and Indemnity. The parties mutually agree to the following: a. In no event shall the City be liable to the Contractor for special, indirect, or consequential damages, except those caused by the City's gross negligence or willful or wanton misconduct arising out of or in any way connected with a breach of this contract. The maximum liability of the City shall be limited to the amount of money to be paid or received by the City under this contract. b. The Contractor shall defend, indemnify, and hold the City and its elected or appointed officials, officers, employees and agents harmless from and against all actual claims and alleged claims and all damages, including but not limited to losses, liabilities, costs, expenses and attorney fees arising out of personal injuries, including illness or death, and damage to, or destruction of, property, which are caused by the Contractor or the Contractor’s agents, employees, sub-contractors or by others for whom Contractor is liable arising out of or in any way connected with or resulting from, performance of, or failure to perform, this contract. Page 3 Rev. 05/01/2014 EXHIBIT A c. The Contractor shall indemnify and hold the City harmless from all wages or overtime compensation due its employees in rendering services pursuant to this contract, including payment of reasonable attorneys' fees and costs in the defense of any claim made under the Fair Labor Standards Act or any other federal or state law. d. This agreement, and any part of it, is not intended to act as a waiver or limitation of City’s rights and or defenses with regard to sovereign immunity under Federal Law, Missouri Law or Municipal Regulation. 17. Notices. All notices required or permitted hereunder and required to be in writing may be given by FAX or by first class mail addressed to City and Contractor at the addresses shown above. The date of delivery of any notice given by mail shall be the date falling on the third day after the day of its mailing. The date of delivery of notice by FAX transmission shall be deemed to be the date transmission occurs, except where the transmission is not completed by 5:00 p.m. on a regular business day at the terminal of the receiving party, in which case the date of delivery shall be deemed to fall on the next regular business day for the receiving party. 18. Jurisdiction. This contract and every question arising hereunder shall be construed or determined according to the laws of the State of Missouri. Should any part of this contract be litigated, venue shall be proper only in the Circuit Court of Jackson County, Missouri at Independence. 19. Entire Agreement. This contract contains the entire agreement of the parties. No modification, amendment, or waiver of any of the provisions of this contract shall be effective unless in writing specifically referring hereto, and signed by both parties. IN WITNESS WHEREOF, the parties hereto have set their hands and seals on the day and year herein stated. CERTIFICATE OF BUDGET CONTRACTOR: Joe Walker Dance Band I certify that the expenditure contemplated by this document is within the purpose of the By: ____________________________________ appropriation to which it is to be charged and Name: _______________________________ that there is an unencumbered balance of Title: _________________________________ appropriated and available funds to pay therefor. CITY OF BLUE SPRINGS, MISSOURI ______________________________________ Director of Finance/Budget Officer By: __________________________________ APPROVED AS TO FORM Eric Johnson, City Administrator ______________________________________ City Attorney Page 4 Rev. 04/23/2014 Exhibit A to Contract Scope of Work Name of “Joe Walker Dance Band” Contractor Joe Walker Dance Band will provide musical service every second Sunday monthly or once monthly at Vesper Hall as directed by the City. Scope of Work (Job Description) Start Date February 3, 2015 Date Phase of Project To Be Completed Interim Deadlines (if applicable) Final Completion February 2, 2016 Deadline Reimbursable Expenses None Travel, Lodging, Meals, Phone Calls, Copying, Postage $ 4,500 Maximum Payment for Services Rendered for twelve month Maximum Payment period $0 Maximum Amount Of Expenses To Be Reimbursed $ 4,500 Total Maximum Amount To Be Paid To Contractor for twelve month period Lump Sum Of Entire Amount Upon Satisfactory Completion of Project Method of Payment Monthly Payments Incremental Payments As Follows: Based On Rate of $5 per person paying to dance. Band will be paid within two weeks after dance. City Official To Approve Payment(s) Department Head’s Date: Signature 5  Council Meeting Date: 2/2/2015 Agenda Item #: 4 & 5 Page 1 of 2 CITY OF BLUE SPRINGS CITY COUNCIL INFORMATION FORM DATE: January 20, 2015 SUBMITTED BY: Christine Cates DEPARTMENT: Administration Ordinance Resolution Presentation Public Hearing Agreement Discussion Rezoning Other ISSUE/REQUEST Agreement between the City of Blue Springs and the Blue Springs Chamber of Commerce to provide staffing support and professionally designed marketing materials and advertising for the Buy Blue Springs program and the Discover Blue Springs program. The goal of this agreement is to increase local purchasing by our residents and visitors attracted from surrounding and more distant areas by promoting local merchants and attractions. This agreement would appropriate two $5,000 payments over two years and begin in October 2014 and run through September 30, 2016. BACKGROUND/EXPLANATION The proposed contract amount for this agreement between the City of Blue Springs and the Blue Springs Chamber of Commerce is for $10,000. One (1) $5,000 payment would be made each year for two years for the design and production of marketing materials associated with the Buy Blue Springs program launched in 2010 by the Chamber of Commerce and the Discover Blue Springs Campaign highlighting things to do in the Blue Springs area. The primary objective of the initial program is to encourage residents and visitors to Buy Blue Springs when they are considering where to make purchases in order to increase sales tax revenue to help support current and future services. The Discover Blue Springs program is designed to bring additional visitors (tourists) to Blue Springs to spend their travel dollars in Blue Springs. The proposed contract requires the Chamber of Commerce to provide on-going marketing materials, advertising, website promotion to residents, visitors, and tourists and administrative support for the program. The Chamber of Commerce would also be required to annually report back to the City Council on the program’s successes and outcomes and future needs. JUSTIFICATION This request represents the third two-year agreement with the Chamber of Commerce for the Buy Blue Springs program. The fiscal year 2014-15 budget includes $5,000 budgeted in the Hotel/Motel Tax Fund for this agreement. Rev 05/01/2014  Council Meeting Date: 2/2/2015 Agenda Item #: 4 & 5 Page 2 of 2 FINANCIAL IMPACT Contractor: Blue Springs Chamber of Commerce Amount of Request/Contract: $10,000 ($5,000 annually for two years) Amount Budgeted: $5,000 FY 2014-15 Funding Source/Account #: 150.00000.530100.000 Additional Funds Needed: Funding Source/Account #: PROJECT TIMELINE Estimated Start Date Estimated End Date October 1, 2014 September 30, 2016 STAFF RECOMMENDATION Staff recommends approval. OTHER BOARDS & COMMISSIONS ASSIGNED Name of Board or Commission: N/A Date: Action: LIST OF REFERENCE DOCUMENTS ATTACHED 1. Resolution with Agreement for Marketing Services, attached as Exhibit A. IF CONTRACT REQUIRED: 1. E-Verify Affidavits Required? Yes 2. Contract/Affidavits Executed? Yes REVIEWED BY Requesting Director: Budget: Christine Cates Legal: City Administrator: Nancy Yendes, Esq. Rev 05/01/2014 Introduced by Councilman Resolution No. 08-2015 A RESOLUTION APPROVING A CONTRACT FOR MARKETING SERVICES WITH THE BLUE SPRINGS CHAMBER OF COMMERCE FOR THE BUY BLUE SPRINGS AND DISCOVER BLUE SPRINGS PROGRAMS WHEREAS, the City of Blue Springs (City) and the Blue Springs Chamber of Commerce (the Company) deem it to be in the best interest of the City and the Company to enter into a marketing services contract that sets forth the terms and conditions for the provision of marketing materials and staffing support for the Buy Blue Springs and Discover Blue Springs Programs being brought forward by Chamber representatives with the goal of increasing local purchasing by our residents and visitors attracted from surrounding and more distant areas. 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 a marketing services contract between the City of Blue Springs, Missouri, and the Blue Springs Chamber of Commerce, 1000 Main Street, Blue Springs, Missouri 64015, for the provision of professionally designed marketing materials, website promotion, and administration oversight for the Buy Blue Springs and Discover Blue Springs programs. A copy of said agreement is attached hereto as Exhibit “A” and made a part of this Resolution. 2. City staff is hereby directed to perform all tasks necessary to implement such agreement. PASSED by the City Council of the City of Blue Springs, Missouri, and approved by the Mayor of Blue Springs, this 2nd day of February, 2015. CITY OF BLUE SPRINGS _________________________ Carson Ross, Mayor ATTEST: ________________________________ Sheryl Morgan, City Clerk Rev. 05/01/2014 EXHIBIT A  Council Meeting Date: 2/2/2015 Agenda Item #: 6 Page 1 of 2 CITY OF BLUE SPRINGS CITY COUNCIL INFORMATION FORM DATE: January 22, 2015 SUBMITTED BY: Chris Sandie DEPARTMENT: Public Works Ordinance Resolution Presentation Public Hearing Agreement Discussion Rezoning Other ISSUE/REQUEST Ordinance amending language in Titles II and VII of the Code of Ordinances to allow on-site sewer systems to be used in limited cases. BACKGROUND/EXPLANATION The Municipal Code currently requires all new buildings in the City of Blue Springs to be connected to the public sewer system and does not provide flexibility for properties in which an exorbitant expense to the property owner would be incurred to facilitate connection for a single structure. These types of expenses are typically incurred for large properties located a significant distance from existing public sanitary sewers. The City of Blue Springs Public Works Department is initiating a Municipal Code text amendment to Sections 260.110, 700.030 and 715.040 in order to provide limited temporary flexibility to accommodate these situations. JUSTIFICATION The City has denied plans for large homes on multi-acre tracts due to the unavailability of city sewer infrastructure being present within a reasonable distance to allow property owners to connect their sewer service lines to the public infrastructure. The ordinance change will allow property owners on the fringe of the city, within city limits, to construct homes on large tracts while providing easements for future sewer mains to serve adjacent properties as the City’s sewer system is extended. There are currently three properties that will benefit from the ordinance change; two are on Cook Road and one is on Shepherd Road. The proposed Municipal Code text amendment provides limited, temporary flexibility to accommodate larger properties that would incur a significant expense in order to connect to existing public sanitary sewers. These Municipal Code changes are consistent with municipalities in the Kansas City metropolitan area. The Public Works Department recommends approval of these proposed Municipal Code text amendments. FINANCIAL IMPACT Contractor: N/A Amount of Request/Contract: N/A Amount Budgeted: N/A Funding Source/Account #: N/A Additional Funds Needed: N/A Funding Source/Account #: N/A Rev 05/01/2014  Council Meeting Date: 2/2/2015 Agenda Item #: 6 Page 2 of 2 PROJECT TIMELINE Estimated Start Date Estimated End Date January 22, 2015 On going STAFF RECOMMENDATION Staff recommends approval. OTHER BOARDS & COMMISSIONS ASSIGNED Name of Board or Commission: N/A Date: N/A Action: N/A LIST OF REFERENCE DOCUMENTS ATTACHED 1. Proposed Ordinance IF CONTRACT REQUIRED: 1. E-Verify Affidavits Required? N/A 2. Contract/Affidavits Executed? N/A REVIEWED BY Requesting Director: Budget: Christopher G. Sandie Legal: City Administrator: Nancy Yendes, Esq. Rev 05/01/2014 Proposed by Department of Public Works BILL NO. 4359 Introduced by Councilman _______________ ORDINANCE NO. ____ AN ORDINANCE AMENDING SECTIONS 260.110, 700.030 AND 715.060 OF THE CODE OF ORDINANCES OF THE CITY OF BLUE SPRINGS, MISSOURI, TO PERMIT ON-SITE WASTE DISPOSAL SYSTEMS WHEN CERTAIN CRITERIA IS MET NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BLUE SPRINGS, MISSOURI, AS FOLLOWS: NOTE: Language to be added is underscored. Section 1: That Section 260.110, Sewage Disposal, of the Code of Ordinances, City of Blue Springs, Missouri, is hereby amended such that Section 260.110 as amended shall read as follows: SECTION 260.110: SEWAGE DISPOSAL All sewage shall be disposed of in a public sewerage system or, in the absence thereof, in a manner approved by the Health Authority provided City of Blue Springs requirements are met. Section 2: That Section 700.030, All New Buildings, of the Code of Ordinances, City of Blue Springs, Missouri, is hereby amended such that Section 700.030 as amended shall read as follows: SECTION 700.030: ALL NEW BUILDINGS TO BE CONNECTED TO SEWERAGE AND WATER SYSTEMS – EXCEPTION FOR SEWER. 1. All buildings hereafter constructed in the City for human habitation or occupancy or which are used in any manner by the general public shall be connected to the water system and sewerage system of the City provided however that a permit may be obtained to allow an on-site waste disposal system if all of the following criteria are met: a. The location of a lawful tap to the sewerage system operated by the City is more than three hundred (300) feet from a non-residential property line or one hundred (100) feet from a residential property line; b. The lot or parcel is a lawful lot, parcel or tract of land under the City’s Unified Development Code; c. Any on-site waste water system will be in compliance with the most current Jackson County, Missouri On-Site Sewage Rules and Regulations and all applicable federal, state and local laws and regulations; 1  d. The on-site sewage system will not constitute a violation of any permit or agreement the City has with any agency; e. The Directors of Public Works and Community Development determine that on- site sewage system will not impede or interfere with any plans to provide sewer or other city services to the general area surrounding the property to be served by the on-site sewage system; f. The Director of Public Works determines that the on-site sewage system will not pose any environmental concerns and that sewer is not presently available to such property; g. Only one connection for the parcel of property to be served by the on-site sewage system is to be allowed; An agreement approved by the City Attorney is executed and a covenant in a form approved by the City Attorney is placed on the property that the on-site sewage system will be abandoned according to applicable law and the structure connected to the City’s sewage system within ninety days of notification of the on-site system has been found to be significantly deteriorated or beyond repair by the City, any agency of the State, Jackson County, federal government, or court of competent jurisdiction; h. All easements needed to provide future sewer service to the property which would be located on property owned by the applicant shall be dedicated to the City or an irrevocable consent to dedicate easements signed by such applicant is recorded in a form approved by the City Attorney; and i. The issuance of the permit is approved by the City Council of Blue Springs. 2. Following receipt of permission to install the on-site wastewater treatment system from the City of Blue Springs City Council, the applicant shall obtain an Individual On-Site Wastewater Disposal Permit from Jackson County Missouri. No building permits shall be issued and no plat shall be recorded until such time as an Individual On-Site Wastewater Disposal Permit has been acquired from the appropriate agency in Jackson County and such permit has been complied with, or escrow to assure compliance has been provided to the City. 3. A property with an approved on-site wastewater treatment system may not be further subdivided until such time as a direct connection to the public sewer system is constructed and available to each lot created by such subdivision. Section 3: That Section 715.060, Unlawful to Discharge Wastes Into Waterways, of the Code of Ordinances, City of Blue Springs, Missouri, is hereby amended such that Section 715.060 as amended shall read as follows: SECTION 715.060: UNLAWFUL TO DISCHARGE WASTES INTO WATERWAYS. The owner of all houses, buildings or properties used for human occupancy, employment, recreation or other purpose situated within the City and abutting on any street, alley or right-of-way in which there is now located or may in the future be located a public sanitary or combined sewer of the City, is hereby required at his/her expense to install suitable toilet facilities therein, and to connect such facilities directly with the proper public sewer in accordance with the provisions of this Article, within ninety (90) days after date of official notice to do so, provided that said public sewer is within one hundred (100) feet of a residential 2 property line or three hundred (300) feet of a non-residential property line or a permit for on-site wastewater treatment system has been obtained under Section 700.030 . Section 4: Savings Clause. Nothing in this ordinance shall be construed to affect any suit or proceeding now pending in any court or any rights acquired or liability incurred nor any cause or causes of action occurred or existing, under any act or ordinance repealed hereby. Nor shall any right or remedy of any character be lost, impaired, or affected by this ordinance. Section 5: Severability Clause. If any section, subsection, sentence, clause, or phrase of this ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this ordinance. The Council hereby declares that it would have adopted the ordinance and each section, subsection, sentence, clause, or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, or phrases be declared invalid. Section 6: This Ordinance shall be in full force and effect from and after passage and approval by the Mayor of Blue Springs, Missouri. PASSED by the City Council of the City of Blue Springs, Missouri, and approved by the Mayor of Blue Springs, this 2nd day of February, 2015. ________________________ Carson Ross, Mayor ATTEST: ______________________________ Sheryl Morgan, City Clerk 1st reading: 2nd reading: 3  Council Meeting Date: 2/2/2015 Agenda Item #: 7 Page 1 of 3 CITY OF BLUE SPRINGS CITY COUNCIL INFORMATION FORM DATE: January 22, 2015 SUBMITTED BY: Scott Allen DEPARTMENT: Community Development Ordinance Resolution Presentation Public Hearing Agreement Discussion Rezoning Other ISSUE/REQUEST Approval of a Final Plat – PF-05-14-4432 Request for an extension of approval of a Final Plat – Cosentino’s Price Chopper No. 109 for a one lot 7.085 +/- acre subdivision. BACKGROUND/EXPLANATION In November 2013, Price Chopper began the process of approvals needed to expand the existing Price Chopper grocery store located at 1305 NW 7 Hwy. The grocery store is located on the west side of NW 7 Hwy. and north of Interstate 70 and Pointe Center. The 16,300 square foot building addition required approval of Site Plan Design Review approval and platting. The City Council approved the Final Plat on July 7, 2014. Because the applicant did not record the Final Plat within 6 months of the approval, the plat has expired. The applicant is requesting an extension of the approval because it was incumbent upon the applicant to have a portion of the property ownership transferred to “Cosentino’s Enterprises, Inc.” prior to recording the plat. This ownership transfer was just recently completed. JUSTIFICATION Section 403.050.E.8, Final Plat expiration – revocation of approval provides the following: “If the developer fails to record a final plat with Jackson County Recorder of Deeds within a period of six (6) months from the date of final plat approval, the City Council shall require the developer to explain extenuating circumstances preventing recording of the plat. If the City Council determines that an extension of time for recording would serve the best interests of the City of Blue Springs, they shall be authorized to grant up to one (1) extension for a period not to exceed six (6) months. If the City Council determines that an extension of time for recording would not serve the best interests of the City of Blue Springs, then the City Council shall formally revoke its approval of the final plat and notify the developer and the Jackson County Recorder of Deeds of such action.” FINANCIAL IMPACT Contractor: N/A Amount of Request/Contract: Additional Funds Needed: Funding Source/Account #: Rev 1/7/2015  Council Meeting Date: 2/2/2015 Agenda Item #: 7 Page 2 of 3 PROJECT TIMELINE Estimated Start Date Estimated End Date N/A N/A STAFF RECOMMENDATION Staff recommends that the extension of the approval for the above referenced Final Plat application be approved subject to the originally approved conditions as follows: 1. Approval by the Planning Commission is based on the representations of any drawings presented as part of this application and does not waive any requirement or development standard contained in the UDC nor any condition required by the Planning Commission as part of this approval. 2. An approval letter from MoDOT accepting the traffic study and proposed right-turn lanes must be submitted prior to issuance of a building permit. All improvements within the 7 Highway right-of-way must be coordinated with MoDOT. 3. The five (5) foot sidewalk along 7 Highway must be installed, or a financial guarantee submitted, prior to City Council approval of the Final Plat. 4. Prior to building permits being issued, the Final Plat shall be recorded with Jackson County and all required documents must be returned to the Community Development Department once the plat has been recorded in order to obtain any building permits. OTHER BOARDS & COMMISSIONS ASSIGNED Name of Board or Commission: Planning Commission Date: June 23, 2014 Action: Approved Preliminary Plat with conditions VOTE: 7-Aye, 0-No Name of Board or Commission: Planning Commission Date: June 23, 2014 Action: Recommended Final Plat approval with conditions VOTE: 7-Aye, 0-No Name of Board or Commission: City Council Date: July 7, 2014 Action: Approved the Final Plat with conditions VOTE: 6-Aye, 0-No LIST OF REFERENCE DOCUMENTS ATTACHED 1. Proposed Ordinance extending time to file plat 2. Letter requesting Extension dated January 7, 2015 3. Ordinance Approving Final Plat dated July 7, 2014 and attachments IF CONTRACT REQUIRED: 1. E-Verify Affidavits Required? N/A 2. Contract/Affidavits Executed? N/A Rev 1/7/2015  Council Meeting Date: 2/2/2015 Agenda Item #: 7 Page 3 of 3 REVIEWED BY Requesting Director: Budget: Scott Allen, Community Development Legal: City Administrator: Nancy Yendes, Esq. Rev 1/7/2015 Proposed by Community Development BILL NO. 4360 Introduced by Councilman _______________ ORDINANCE NO. ____ (PF-05-14-4432) AN ORDINANCE EXTENDING THE TIME TO FILE THE FINAL PLAT FOR CONSENTINO’S PRICE CHOPPER NO. 109 WITH THE JACKSON COUNTY RECORDER’S OFFICE WHEREFORE, the Final Plat of Cosentino’s Price Chopper No. 109 was approved by passage of Ordinance No. 4495 on July 7, 2014, but the final plat has not yet been recorded as required by Section 403.050.E.7, of the Unified Development Code; WHEREFORE, the City Council may, upon good cause shown, extend the six (6) month time period to file a final plat for an additional six (6) month time period under Section 403.050.E.8 of such Code; and WHEREFORE the property owner has requested an extension of six months to record the final plat and has established good cause for such extension. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BLUE SPRINGS, MISSOURI, AS FOLLOWS: Section 1: That the time period for the filing of the final plat of Cosentino’s Price Chopper No. 109 with the Office of the Recorder of Deeds of Jackson County, Missouri is hereby extended six (6) months from the date of passage of this Ordinance. Section 2. 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 2nd day of February, 2015. CITY OF BLUE SPRINGS ________________________ Carson Ross, Mayor ATTEST: ______________________________ Sheryl Morgan, City Clerk 1st reading _____________ 2nd reading _____________ 1  Attachment 2 January 7, 2015 Ms. Sheryl Morgan, City Clerk City of Blue Springs City Hall 903 W. Main Street Blue Springs, Missouri 64015 Re: Request for Time Extension for Recording of Final Plat for Cosentino’s Price Chopper No. 109 Dear Sheryl: On behalf of Cosentino's Enterprises, Inc., we are requesting a six month time extension to accomplish getting the final plat recorded. There were extenuating circumstances preventing recording of the plat. When we took the plat to the Jackson County Recorder of Deeds to be recorded, we were informed that there is a portion of the property that belongs to another Cosentino family member. We notified Victor Cosentino about this matter and requested that he arrange to have the property in question transferred to the proper entity. There were some legal issues to get this accomplished and those were just recently finalized and the property has now been transferred. We are awaiting receipt of the title information and as soon as it is in hand we will immediately proceed with having the final plat recorded. The expansion of the store has been on hold until this matter was resolved and we were informed today that preparation of construction documents will be authorized this week and submittal for a building permit will be done as quickly as possible. We understand that this request must be approved by the City Council and would appreciate being placed on the next available Council agenda. Respectfully, SHAFER, KLINE & WARREN, INC. By: Charles A. Tulloch, Jr., P.S. Vice President, Development Services tkd\\Le-project\projects\110274-010\_Project Management\Permitting\Request for Time Extension Letter 1-7-15.docx Attachment 3