City Council Agendas

CITY COUNCIL MEETING December 7, 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 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 November 16, 2015 City Council Meeting Minutes b. Adopt Resolution No. 85-2015 approving an amendment to cleaning services contract c. Adopt Resolution No. 86-2015 approving a Streetlight Agreement with Hickory Woods Subdivision d. Adopt Resolution No. 87-2015 approving Development and Maintenance Agreement with Andy’s Frozen Custard 4. Presentation – Blue Springs School District regarding Entrepreneurship Program 5. Introduction and readings of Bill No. 4403 amending Chapter 700, Water and Sewers – General Provisions of the Code of Ordinances 6. Mayoral Announcements Thoughts to Ponder 7. Visitors 8. Executive Session - Confidential and privileged communications with legal counsel and litigation. Sections 610.021 (1) of the Revised Statutes of Missouri 9. Adjourn Miscellaneous Items Parks and Recreation Commission – Tuesday, December 8, 6:00 p.m., Fieldhouse Public Safety Citizen’s Advisory Board – Tuesday, December 8, 6:00 p.m., East Conference Room of City Hall, 903 W. Main Board of Adjustment – Wednesday, December 9, 6:30 p.m., Municipal Annex, 1304 W. Main Planning Commission Meeting – Monday, December 14, 6:30 p.m., Municipal Annex, 1304 W. Main Human Relations Commission – Tuesday, December 15, 6:30 p.m., East Conference Room of City Hall, 903 W. Main City Council Meeting – Monday, December 21, 6:30 p.m., Municipal Annex, 1304 W. Main Christmas Holiday – City Offices Closed Friday, December 25 TO: Mayor, City Council, Department Directors, and Press FROM: Eric Johnson City Administrator DATE: December 3, 2015 SUBJECT: Agenda Explanations Item 3b – Resolution approving an amendment to the cleaning services contract Resolution amending the annual contract with City Wide Maintenance to increase the amount to be paid to $63,393.60 for a total annual contract amount of $121,627.92. The increase includes the cleaning of the newly remodeled Howard Brown Public Safety Building. Refer to Council Information Form from Dennis Dovel, Director of Parks and Recreation, for further information. Item 3c – Resolution approving streetlight agreement Resolution approving an agreement with Hickory Woods Homes Association, Inc. for the maintenance of private street lighting within the subdivision in the amount of $2,242.42. Refer to Council Information Form from Public Works Director, Chris Sandie, for further information. Item 3d – Resolution approving Development and Maintenance Agreement Resolution approving a Development and Maintenance Agreement for the Andy’s Frozen Custard development project located at 1000 NW State Route 7, Blue Springs, Missouri. Refer to Council Information Form from Public Works Director, Chris Sandie, for further information. Item 4 – Presentation – Blue Springs School District regarding Entrepreneurship Program A presentation from Annette Seago, Deputy Superintendent of the Blue Springs School District regarding an exciting new partnership with the University of Missouri Kansas City related to an entrepreneurial college program that will be offered in Blue Springs beginning in January 2016. The School District is hopeful City will consider participating financially by providing a small financial contribution (grant) for students and/or business owners/entrepreneurs who might benefit by attending this new course. Refer to Council Information Form from City Administrator, Eric Johnson, for further information. Item 5 – Bill amending Code of Ordinances relating to use of lead materials Introduction and readings of Bill No. 4403 amending Chapter 700, Water and Sewers – General Provisions of the City Code to include a ban of the use of lead materials in public and private drinking water plumbing as required by the Environmental Protection Agency. Refer to Council Information Form from Public Works Director, Chris Sandie, for further information.  CITY OF BLUE SPRINGS, MISSOURI MINUTES OF COUNCIL MEETING NOVEMBER 16 2015 A meeting of the City Council of the City of Blue Springs, Missouri, was held on Monday, November 16, 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 - ABSENT Dale Carter ATTENDANCE Chris Lievsay Kent Edmondson Ron Fowler (Arrived at 6:31) 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. Boy TO ORDER Scouts from Plaza Heights Baptist Church Troop 605 led in the Pledge of Allegiance. APPROVE CITY Councilman Edmondson moved to approve the minutes of the COUNCIL MINUTES November 2, 2015 City Council Meeting and City Council Closed Session. Motion seconded by Councilman Culpepper and carried with the following votes: Councilman Quibell – ABSENT Councilman Carter – Aye Councilman Lievsay – Aye Councilman Edmondson – Aye Councilman Fowler - ABSENT Councilman Culpepper – Aye Mayor Ross – Aye ADOPT RESOLUTION Councilman Edmondson moved to adopt Resolution No. 81-2015 NO. 81-2015 – approving an agreement with GreenPlay, LLC to develop a Parks CONTRACT FOR and Open Space Comprehensive Master Plan (“Parks Master PARKS OPEN SPACE Plan”) in the amount of $98,499.00 as approved in the FY 2015-16 MASTER PLAN Capital Improvements Plan. Motion seconded by Councilman Culpepper and carried with the following votes: Councilman Quibell - ABSENT Councilman Carter – Aye Councilman Lievsay – Aye Councilman Edmondson – Aye Councilman Fowler - ABSENT Councilman Culpepper – Aye Mayor Ross – Aye ADOPT RESOLUTION Councilman Edmondson moved to adopt Resolution No. 82-2015 NO. 82-2015 – approving the purchase of one 2016 S630 T4 Bobcat Skid-Steer PURCHASE OF Loader and one T590 T4 Bobcat Compact Track Loader from Clark BOBCAT SKID-STEER Equipment Company d/b/a Bobcat Company, PO Box 6000, West AND TRACK LOADERS Fargo, ND 58078 utilizing the State of Missouri Department of Transportation cooperative contract #3-130326RW in the amount of $21,372.10. Motion seconded by Councilman Culpepper and carried with the following votes: November 16, 2015 CITY COUNCIL MINUTES Page 2 Councilman Quibell - ABSENT Councilman Carter – Aye Councilman Lievsay – Aye Councilman Edmondson – Aye Councilman Fowler - ABSENT Councilman Culpepper – Aye Mayor Ross – Aye ADOPT RESOLUTION Councilman Edmondson moved to adopt Resolution No. 83-2015 NO. 83-2015 – MARC approving an agreement with MARC Solid Waste Management 2016 HOUSEHOLD District (SWMD) to participate in the 2016 Regional Household HAZARDOUS WASTE Hazardous Waste Collection Program in the amount of $54,678.00. PROGRAM Motion seconded by Councilman Culpepper and carried with the following votes: Councilman Quibell - ABSENT Councilman Carter – Aye Councilman Lievsay – Aye Councilman Edmondson – Aye Councilman Fowler - ABSENT Councilman Culpepper – Aye Mayor Ross – Aye ADOPT RESOLUTION Councilman Edmondson moved to adopt Resolution No. 84-2015 NO. 84-2015 – approving an agreement with Kansas City Area Transportation AGREEMENT FOR BUS Authority (KCATA) to provide commuter bus services from Blue SERVICES Springs to the downtown Kansas City area. Motion seconded by Councilman Culpepper and carried with the following votes: Councilman Quibell - ABSENT Councilman Carter – Aye Councilman Lievsay – Aye Councilman Edmondson – Aye Councilman Fowler - ABSENT Councilman Culpepper – Aye Mayor Ross – Aye APPROVE LIQUOR Councilman Edmondson moved to approve a new liquor license for LICENSE FOR GANESH Ganesh USA LLC d/b/a Crown Liquor located at 1005 N 7 Highway USA LLC d/b/a CROWN to sell intoxicating liquor by the drink for consumption off premises LIQUOR and Sunday sales. Motion seconded by Councilman Culpepper and carried with the following votes: Councilman Quibell - ABSENT Councilman Carter – Aye Councilman Lievsay – Aye Councilman Edmondson – Aye Councilman Fowler - ABSENT Councilman Culpepper – Aye Mayor Ross – Aye Councilman Fowler arrived at the meeting at 6:31. MAYORAL  City offices are closed on Thursday and Friday, November 26 ANNOUNCEMENTS and 27 for the Thanksgiving holiday.  Christmas Tree Lighting ceremony is Tuesday, December 1. Thoughts to Ponder: “Be modest, a lot was accomplished before you were born.” (Author Unknown) 2 November 16, 2015 CITY COUNCIL MINUTES Page 3 ADJOURNMENT At 6:32 p.m. there was no further business to come before the Council; Councilman Fowler moved the meeting be adjourned. Motion seconded by Councilman Carter and carried unanimously. ___________________________________ ATTEST: Carson Ross, Mayor ______________________________ Sheryl Morgan, City Clerk 3  Council Meeting Date: 12/07/2015 Agenda Item #: 3b Page 1 of 2 CITY OF BLUE SPRINGS CITY COUNCIL INFORMATION FORM DATE: November 16, 2015 SUBMITTED BY: Dennis Dovel DEPARTMENT: Parks and Recreation Ordinance Resolution Presentation Public Hearing Agreement Discussion Rezoning Other ISSUE/REQUEST Approve a resolution amending the annual contract with City Wide Maintenance to increase the amount to be paid annually by $63,393.60 for a total annual contract amount of $121,627.92. The increase includes the cleaning of the newly remodeled Howard Brown Public Safety Building. BACKGROUND/JUSTIFICATION The City has a contract with City Wide Maintenance in the amount of $58,234.32 for cleaning the City municipal buildings. The contract started August 1, 2014 for two years, with three one- year renewal options. We are in the fourth month of the second year of the contract. The current cleaning service area for the temporary Public Safety Administration operations located in the GE Building is 2,750 square feet for $470.14 monthly, $5,641.68 annually. The cleaning service area of the newly remodeled Howard Brown Public Safety Building is 41,466 square feet of the 71,000 square foot building for $5,752.94 monthly, $69,035.28 annually. The difference between those two amounts increases the annual contract by $63,393.60. The remaining 8 months of the current contract will result in an increase of $42,262.40. GE Building: $ 470.14/month $ 5,641.68/year PS Building: $5,752.94/month $69,035.28/year Difference: $5,282.80/month $63,393.60/year FINANCIAL IMPACT Contractor: City Wide Maintenance Co., Inc., 15447 W. 100th Terrace, Lenexa, KS 66219 Amount of Request/Contract: $121,616.64 Amount Budgeted: $143,000.00 Funding Source/Account #: 100.38000.530240.000 Additional Funds Needed: NA Funding Source/Account #: NA PROJECT TIMELINE Estimated Start Date Estimated End Date December 15, 2015 July 31, 2016 Years and Months Contract in effect Number of times renewable 8 months 3 at one-year options Rev. 6/01/2015  Council Meeting Date: 12/07/2015 Agenda Item #: 3b Page 2 of 2 STAFF RECOMMENDATION Staff recommends adoption. OTHER BOARDS & COMMISSIONS ASSIGNED Name of Board or Commission: N/A Date: Action: LIST OF REFERENCE DOCUMENTS ATTACHED 1. Resolution with copy of proposed amendment attached as “Exhibit A”. IF CONTRACT REQUIRED: 1. E-Verify Affidavits Required? Yes Parent Company: 2. Contract Executed? Yes 3. Affidavits Executed Yes REVIEWED BY Requesting Director: Budget: Dennis Dovel Christine Cates Legal: City Administrator: Nancy Yendes Eric Johnson Rev. 6/01/2015 Introduced by Councilman Resolution No. 85-2015 A RESOLUTION APPROVING AN AMENDMENT TO THE CITY WIDE MAINTENANCE CO., INC. CONTRACT WHEREAS, the City of Blue Springs has been providing janitorial cleaning services for public buildings since 1980; and WHEREAS, with the increased cleaning responsibilities and added service areas for the newly remodeled Howard Brown Public Safety Building; and WHEREAS, the Department negotiated an increased cleaning service fee for the Howard Brown Public Safety Building and now recommends that the current contract be increased by $63,393.60 with City Wide Maintenance Co., Inc., 15447 W. 100th Terrace, Lenexa, KS 66219 for work based on current scope of services; and WHEREAS, the staff is recommending that this fee increase be in effect for the current two year contract running through July 31, 2016, with three one-year extension options. 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 execute an amendment to increase cleaning service fees with City Wide Maintenance Co., Inc., 15447 W. 100th Terrace, Lenexa, KS 66219, for Howard Brown City public building cleaning services. A copy of the amendment to the Service Agreement: Howard Brown Public Safety Building 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 7th day of December, 2015. CITY OF BLUE SPRINGS _________________________ Carson Ross, Mayor ATTEST: ________________________________ Sheryl Morgan, City Clerk Rev. 05/01/2015  EXHIBIT A-1 Created for City of Blue Springs-Howard Brown Public Safety Building Attention: Steve Willman 903 W . Main Street 816.228.0137 swillman@bluespringsgov.com Investme nt Recap City Wide Maintenance Janitorial Service Package Includes all jamtorial services outlined in the service agreement Based on 41.466 cleanable square fee t Service(s) to be Performed Frequency Total Price per Month Basic Janitor Service 7 times per week $5,752.94 TOTAL MONTHLY INVESTMENT $5,752.94 City Wide IV'aintenance Company. Inc. City of Blue Springs-Howard Brown Public Safety Building By: l h /)il ft>J -v'V \~0~ ~ ~ ~\,C'' ·l'~ Authorize~epresentative Signature Autho rized Representative Signature El ZlLb5ttJ u} t \ IIJJ/'!l s t Printed Name Printed Name ScJ( s &~ CLt b \Jf / Title Title NJ\t-eY,r~_A/ t2 ?-0 IS Date ' ) Date Start Date: - - - - - - - - - - - - - - - ~' ~!;. '-------------------------------------------------------------~  Created for City of Blue Springs-Howard Brown Public Safety Building Atte ntion: Steve Willman 903 W . Main Street 816.228.0137 swillman@bluespringsgov.com Investme nt Re cap City W ide Maintenan ce Janit orial Service P ackage Includes all janitorial services outlined in the service agreement Based on 41.466 cleanable square feet Service(s) to be Performed Frequency Total Price per Mont h Basic Janitor Service 7 times per week $5,752.94 TOTAL MONTHLY INVESTMENT $5,752.94 City W ide Maintenance Company. Inc. City of Blue Spnngs-Howard Brown Public Safety Building , J By: L~ t , rllk~l \)~\ \ia,Yvpy. Authoriz!(? Representative Signature Authorized Representative Signature f \t' <a .la:r'V\ ~} \\\oY'v).S Printed Name Printed Name S nJ -e ~J e Xt> l'.JJt i \J'e / Title Title \\ uvtYV'\r_xv \2- ) w \s Date Date Start Date: - - - -- - - - - - - - - - - I~ ''-----------------------------------------------------------------------~  Created for City of Blue Springs-Howard Brown Public Safety Building Attention: Steve W illman 903 W. Main Street 816.228.0137 swillman@bluespringsgov.com Investme nt Recap City Wide Maintenance Janitorial Service Package Includes all janitorial services outlined in the service agreement Based on 41.466 cleanable square feet Service(s) to be Performed Frequency Total Price per Month Basic Janitor Service 7 ti mes per week $5,752.94 TOTAL MONTHLY INVESTMENT $5,752.94 City W ide Maintenance Company. Inc. City of Blue Springs-Howard Brown Public Safety Bu ~d ing By: ( »2·,r(l~.g4 lAh ~~ \wnnQ-- Au thorize~epresentative Signature Authorized Representative Signature f),· 7a.kA:tk, W\\\ \o-WlS Printed Name Printed Name Title Title Nov,-e_xrv1W \2 ?_0\:::::; ~~ ) ~~ Start Date: - - - -- - - - - - - - - - -  Exhibit A" EXHIBIT A-2 BLUE SPRlNGS CITY BUILDINGS CUSTODIAL SERVICES CONTRACT August 1, 2014- July 31,2016 w ith three o ne-yea r ex te nsio n o ptions ~ PARKS& ~ ~ RECREATION o{Bt.e [)prin{}9 Pa r ks, Recreatio n , Buildi ngs a nd Ground s Depa r tm ent 903 \V. Main Street Bl ue Springs, M issouri 6-10 15 1-8 16-228-0 137 Cleanin g Contract CITY OF B LUE SPRINGS BUILDINGS C USTODIAL SERVICE CONTRACT THIS AGREEMENT, made this ~day of _T/u , 2014 between the City of Blue Springs, Missouri, a Missouri municipal corporation, hereina~d to and designated as "City" and City Wide Maintenance Co., Inc., a Missouri corporation, hereinafter referred to and designated as "Contractor." WHEREAS, the CiLy has accepted a proposal of the said Contractor, which is hereby incorporated into this Contract as if set forth in its entirety, to furn.ish all labor, equipment, specified supplies, and to perform all services necessary to provide custodial services for one or more municipal buildings located in the City of Blue Springs, Missouri, as described in the specifications for the prices set forth herein and in the enclosed proposal. NOW, THEREFORE, THIS AGREEMEt T WITNESSETH: That in consideration of the payments to be made by the City, as hereinafter set out, the Contractor agrees to furnish the City with custodial services for one or more municipal buildings to include essential supervisory personnel, transportation and equipment to do and perform in an effective manner in accordance with the specifications herein provided and specifically set out in the "Specifications" containing five subparts (Parts I, ll, III, IV, and V) , .. Cleaning Frequency Requirements" and "Location/Building Wormation··, attached hereto and incorporated herein for an initial term of two (2) years, and for three additional years or thirty six months. at the option of the City. The City in consideration of faithful compliance by the Contractor of all terms and conditions of this Contract and the documents incorporated herein, \.vhich includes Parts 1, fl, fii, IV, and V and Cleaning Frequency Requirements and Location/Building lnformation, the completion of the services described therein to the satisfaction of the City, agrees to pay the Contractor the amounts for satisfactory work performed as set forth herein. [t is understood that services are to be provided for the initial term of this Contract which shall run from August I, 10 1-J. through July 31, 1016. The Contract shall continue in force thereafter for another three one-year periods unless terminated by the City for any reason upon written notice to Contractor prior to 90 days before the expiration ofthe term. Contract Building Momh ly Amount Annual Amount :;'I City Hall Campus City Hall/Eng. Annex & Codes Annex $1,593. 10 519.117.20 Public Works Shop S 3-U.69 s 4,124.28 ,.., C:J Pink Hill Park Shop s 183.00 $ 1,196.00 Vesper Hall Community Center s1,845.49 $21,145 .88 ;;j Pub! ic Safety Administration s 470 . 1-l s 5,641.68 =6 ~lunicipal Anne\. s 5,009.28 TOTALS S-t,852.86 ' 58,23-t.J 2 Cleaning Contract Additional Services at Vesper Hall Community Center: A. Set-Up I Take Oovvn each service for table/chairs in multi-purpose room. fncludes damp wipe of tables on second set-up when back-to-back rentals occur: $49.50 Per Each Service B. Portable Stage Set-Up I Take-Do\m: See page 21 -Vesper Hall for stage description. S 19.50 Per Set-Up I Take-Do\'vn The undersigned is to render to the Building Maintenance Supervisor a monthly bill for services performed, within ten (10) days after the close of each calendar month. The Building Maintenance Supervisor will grant approval of the monthly bill provided that included services have been received and approved by the City. The bill is to show all credits and/or extra services charged that have been accrued during the month being billed. Bills shall also show any deductions made by the City for lack of services according to the agreement. The City \viii remit payment \Vi thin thirty (30) days of receipt of an approved bill. Contractor shall indemnify, defend, and save harmless the City from all claims for labor and for materials furnished in this Contract, and anv . alterations or modifications thereof, and shall furnish the Citv. with satisfactory evidence, when called for by it, that all persons who have provided services, or furnished materials under this Comract, have been fully paid or satisfactorily secured, and in case such evidence is not furnished. an amount necessary or sufficient within the discretion of the City to meet the claims of the aforesaid persons shall be retained from the money due to the Contractor under this Contract, until the aforesaid liabilities shall be fully discharged or satisfactorily secured. The Contractor further agrees to defend, indemnify and save harmless the City and its officials from all suits and actions of every kind and description arising from injury or damage to persons or property in the prosecution of said services or in the failure to properly perform same, and from all claims arising under the workmen's compensation laws or from any infringement of any patent rights. The Contractor hereby guarantees all services furnished under this Contract. Under this guarantee the Contractor agrees to correct, after it being called to the Contractor's attention, at his own expense. any fai lure or unsatisfactory performance as determined by the City caused by Contractor or caused by the failure of any equipmem or personnel to satisfactorily perform all the services requ ired \vithin the limits of the specifications. and further. Contractor shall make good any damages caused by such failure. During the enforcement of this Contract, if City facilities need to be added to the Contractor's se rvices. the Contractor and City "viii negotiate, in good faith. a fair market cleaning 1maintenance fee for said facilities. lf a good faith cleaning/maintenance fee cannot be reached, this Contract may be terminated. Current City facilities may be removed from service at any time by the City. The City of Blue Springs may cancel this Contract for any reason upon \VTirten notice to Contractor. which shall state the last day of service. [ f Contract is canceled Comracror shall be paid for services rendered, minus charges for services not provided according to the Contract. .-\ II services performed under this Contract shall be done to the satisfaction of the Building Maintenance upl.'!rvisor, who shall determine the amount, quality, acceptability and fitness of items of work and materials th:u are to be paid for hereunder. He shall decide all questions. '"hich nuy arise as to the fulfillment of the terms of thi:! Contract by the Contractor. as to the intent of the Contract. and specifications. .., - J Cleaning Contract The Contractor shall not assign or sublet this Contract, in \vhole or in part, without the prior written consent of the Operations Manager, or his designated representative. Contractor certifies that he does not maintain and provide for his employees any segregated facilities at any of his establishments, and that he does nol permit his employees to perform their services at any location, under his control, where segregated facilities are maintained. Contractor certifies further that he will not maintain or provide for his employees any segregated facilities at any of his establishments, and that he \Vill not permit his employees to perform their services at any locations, under his control, where segregated facilities are maintained. As used in this certification, the term segregated facilities means any waiting rooms, work areas, restrooms and washrooms, restaurants, and other eating areas, time clocks, locker rooms, and other storage and/or dressing areas, parking lots, drinking fountains, rec reation or entertainment areas, transportation and housing facilities provided for employees which are segregated by explicit di rective or are in fact segregated on the basis of race, creed, color or natural origin because of habit, local custom or otherwise. Company: City Wide Maintenance Co., Inc. 1544 7 \V l 00t11 Terrace ,/7~662 1 9 Signantre: _.,L/'?:..,.. \\_._{__...}; f'-~·j_~ ___, :::---::::> _______ Print Name: _'P_,_·.-=~. . :.; "_ _ ,.,6'-'-1'~!.Lt-"-:- - - - - - - - Title: ·;~ Date: 7- /'/,If/ City o f Blue prings Signature {) --~~7--~~~-------- 12 ohnson. City Administrator Date 1 - c - 1 ~;  Council Meeting Date: 12/07/2015 Agenda Item #: 3c Page 1 of 2 CITY OF BLUE SPRINGS CITY COUNCIL INFORMATION FORM DATE: November 20, 2015 SUBMITTED BY: Chris Sandie DEPARTMENT: Public Works Ordinance Resolution Presentation Public Hearing Agreement Discussion Rezoning Other ISSUE/REQUEST Approve a resolution to enter into an agreement with Hickory Woods Homes Association, Inc. (HOA) for the maintenance of private street lighting within the subdivision in the amount of $2,242.42. BACKGROUND/JUSTIFICATION The Hickory Woods Subdivision developer installed decorative streetlights when the development was constructed. In order for the HOA to be reimbursed for the streetlights, the City requested the HOA sign an agreement with contact information and which sets a schedule for when the reimbursement documentation must be submitted. The agreement also states the formula used to determine the amount of the reimbursement. FINANCIAL IMPACT Contractor: Hickory Woods Homes Association, Inc. Amount of Request/Contract: $2,242.42 Amount Budgeted: $11,000 Funding Source/Account #: 100.32000.530267.000 Additional Funds Needed: N/A Funding Source/Account #: N/A PROJECT TIMELINE Estimated Start Date Estimated End Date December 7, 2015 Perpetual STAFF RECOMMENDATION Staff recommends approval. OTHER BOARDS & COMMISSIONS ASSIGNED Name of Board or Commission: N/A Date: Action: Rev. 6/01/2015  Council Meeting Date: 12/07/2015 Agenda Item #: 3c Page 2 of 2 LIST OF REFERENCE DOCUMENTS ATTACHED 1. Resolution with copy of proposed agreement attached as “Exhibit A.” IF CONTRACT REQUIRED: 1. E-Verify Affidavits Required? No Parent Company: 2. Contract Executed? Yes 3. Affidavits Executed No REVIEWED BY Requesting Director: Budget: Christopher G. Sandie Christine Cates Legal: City Administrator: Nancy Yendes Eric Johnson Rev. 6/01/2015 Introduced by Councilman Resolution No. 86-2015 A RESOLUTION APPROVING AN AGREEMENT WITH THE HICKORY WOODS HOMES ASSOCIATION, INC. WHEREAS, it is the policy of the City Council of the City of Blue Springs, Missouri to encourage homeowners within the City to improve and beautify their neighborhoods; and WHEREAS, it is desirable that the City of Blue Springs, Missouri have agreements with homeowners who choose to beautify their neighborhoods setting forth the responsibilities of each; and WHEREAS, the Hickory Woods subdivision has decorative streetlights and in order for the Hickory Woods Homes Association, Inc. (the “HOA”) to be reimbursed for the street lights, the City requested the HOA sign an agreement with contact information and which sets a schedule for when reimbursement documentation must be submitted; and WHEREAS, the Engineering Department recommends that the City enter into an agreement with the Hickory Woods Homes Association, Inc. for the maintenance of eleven (11) decorative streetlights. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BLUE SPRINGS, MISSOURI, as follows: 1. The City Administrator is hereby authorized to enter into an agreement with Hickory Woods Homes Association, Inc., 4309 SW Hickory Lane, Blue Springs, Missouri 64015 for the installation and maintenance costs related to street light upgrades. A copy of the proposed agreement is attached hereto as Exhibit “A” and is incorporated herein. 2. City Staff is directed to perform all tasks necessary to implement said agreement. PASSED by the City Council of the City of Blue Springs, Missouri, and approved by the Mayor of Blue Springs, this 7th day of December, 2015. CITY OF BLUE SPRINGS _________________________ Carson Ross, Mayor ATTEST: ________________________________ Sheryl Morgan, City Clerk Rev. 05/01/2015 Exhibit A  Council Meeting Date: 12/07/2015 Agenda Item #: 3d Page 1 of 2 CITY OF BLUE SPRINGS CITY COUNCIL INFORMATION FORM DATE: November 23, 2015 SUBMITTED BY: Chris Sandie DEPARTMENT: Public Works - Engineering Ordinance Resolution Presentation Public Hearing Agreement Discussion Rezoning Other ISSUE/REQUEST Resolution approving a Development and Maintenance Agreement for the Andy’s Frozen Custard development project located at 1000 NW State Route 7, Blue Springs, Missouri BACKGROUND/JUSTIFICATION As part of the City of Blue Springs’ municipal separate storm sewer system (MS4) permit issued by the Missouri Department of Natural Resources (MDNR), the City is required to develop, implement, and enforce a program to address the quality of long-term storm water runoff from new development and redevelopment projects. In meeting this requirement at its planned location of 1000 NW State Route 7, Andy’s Frozen Custard has proposed the construction of a couple of small rain gardens that will require long-term maintenance. To address this, MDNR recommends agreements between the City and development land owners. The City has created the attached Development and Maintenance Agreement specifying responsibilities for the on-site storm water management systems and best management practices associated with the Andy’s Frozen Custard development project. 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 PROJECT TIMELINE Estimated Start Date Estimated End Date After execution by the City of Blue Springs N/A Years and Months Contract in effect Number of times renewable Until a subsequently recorded document In perpetuity amends or modifies the agreement. STAFF RECOMMENDATION Staff recommends approval. Rev. 6/01/2015  Council Meeting Date: 12/07/2015 Agenda Item #: 3d Page 2 of 2 OTHER BOARDS & COMMISSIONS ASSIGNED Name of Board or Commission: N/A Date: N/A Action: N/A LIST OF REFERENCE DOCUMENTS ATTACHED 1. Resolution with proposed agreement attached as “Exhibit A”. IF CONTRACT REQUIRED: 1. E-Verify Affidavits Required? N/A Parent Company: 2. Contract Executed? Yes N/A 3. Affidavits Executed N/A REVIEWED BY Requesting Director: Budget: Christopher G. Sandie N/A Legal: City Administrator: Nancy Yendes Eric Johnson Rev. 6/01/2015 Introduced by Councilman Resolution No. 87-2015 A RESOLUTION APPROVING A DEVELOPMENT AND MAINTENANCE AGREEMENT WITH ANDY’S FROZEN CUSTARD FOR THE MAINTENANCE OF STORMWATER FACILITIES WHEREAS, the City of Blue Springs Engineering Department reviewed the development plans for Andy’s Frozen Custard at 1000 NW Highway 7; and WHEREAS, the Missouri Department of Natural Resources has included a new requirement that municipal separate storm water systems permitted within the State enter into stormwater maintenance agreements with new developments to ensure water quality standards are upheld; and WHEREAS, the City of Blue Springs Public Works Department staff recommends entering into a Development and Maintenance Agreement with the Andy’s Frozen Custard, to ensure they are aware of their responsibilities in the maintenance of the stormwater facilities upon their property. 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 Development and Maintenance Agreement with Andy’s Frozen Custard, for the private maintenance of stormwater facilities at 1000 NW State Route 7, Blue Springs, Missouri. A copy of the proposed agreement 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 7th day of December, 2015. CITY OF BLUE SPRINGS _________________________ Carson Ross, Mayor ATTEST: ________________________________ Sheryl Morgan, City Clerk Rev. 05/01/2015  Exhibit A DEVELOPMENT AND MAINTENANCE AGREEMENT This DEVELOPMENT AND MAINTENANCE AGREEMENT (this "Agreement") is made and entered into as of the ___ day of ___________, 2015 by and between THE CITY OF BLUE SPRINGS, MISSOURI (the "City") and ("Developer"). WHEREAS, Developer is the owner of certain real property located at 1000 NW State Route 7 and as more particularly described on Exhibit A, attached hereto (the Property); and WHEREAS, Developer intends to develop the Property in accordance with the Blue Springs Municipal Code and Blue Springs Unified Development Code (the "Development"); and WHEREAS, the parties desire the responsibilities of each party with respect to the construction and maintenance of certain infrastructure and specifically: 1. On-site storm water management systems ("Storm Water Management Systems") and best management practices facilities to be constructed and maintained on the Property ("BMP Facilities".) NOW THEREFORE, the City and Developer, in consideration of the terms, covenants and conditions herein set forth, hereby agree as follows: 1. Initial Construction. The Storm Water Management System and BMP Facilities shall be constructed by the Developer, its successors and assigns, in accordance with the plans and specifications (the "Plans") approved by the City and in accordance with the Blue Springs Municipal Code, the Blue Springs Unified Development Code and any and all other applicable regulations. 2. On-Site Storm Water Management System and BMP Facilities. a. The Developer and its successors and assigns, including any homeowners and/or subdivision association, shall, at all times, adequately maintain the Storm Water Management System and the BMP facilities as approved for the development in the approved Plans. The facilities to be maintained shall include all pipes and channels built to convey storm water to the BMP Facilities, as well as all structures, improvements and vegetation provided to control the quantity and quality of the storm water. Adequate maintenance is herein defined as maintained in good working condition so that the Storm Water Management System and the BMP Facilities: 1) fully and completely perform and function as designed; 2) do not adversely affect other elements of the overall storm water system; 3) comply with the approved plans and specifications, Blue Springs Municipal Code, Blue Springs Unified Development Code and any and all other applicable regulations. Storm water pipes marked on the approved plans and specifications as "private" are to be maintained by the Developer. Storm water pipes which are marked on the approved plans and specifications as "public" are not the responsibility of the Developer; however, the Developer shall take no action to cause damage or  adversely affect the public systems and, furthermore, landowner shall continue to maintain the "private" facilities so as not to adversely affect the "public" facilities. b. Annual Inspections. The Developer, its successors and assigns, shall inspect the Storm Water Management System and the BMP Facility and submit an inspection report to the City's Public Works Director annually. The purpose of the inspection is to ensure safe and proper functioning of the facilities. The inspection shall cover all components of the Storm Water Management System and the BMP Facility including but not limited to berms, outlet structure, retention/detention and pond areas, access roads, etc. Deficiencies shall be noted in the inspection report together with Developer's plan and time line to remedy any such deficiencies. c. City Authorized to Enter Property. The Developer hereby grants its consent to the City to enter upon the Property, from time to time, and to inspect the Storm Water Management System and the BMP Facilities whenever the City deems necessary. The purpose of inspection is to follow up on reported deficiencies, to verify the annual reports submitted by Developer and/or to respond to citizen concerns or possible nuisance conditions. The City shall provide the Developer, its successors and assigns, copies of the inspection findings and a directive to commence with repairs if necessary. d. Maintenance Schedule. The Developer, its successors and assigns, will perform the work necessary to keep the Storm Water Management System and the BMP Facilities in good working order as appropriate. In the event a maintenance schedule for the Storm Water Management System and the BMP Facilities (including sediment and debris removal) is outlined on the approved plans and specifications, or as part of this Agreement, the schedule will be followed. In addition to the actions outlined on the maintenance schedule, the Developer and its successors and assigns shall take further action in order to keep the Storm Water Management System and the BMP Facilities in good working order. Developer acknowledges that following an agreed upon maintenance schedule, alone, will not relieve the Developer of any responsibility to take further actions to ensure proper operation and maintenance of the Storm Water Management System and the BMP Facilities. e. The Storm Water Infrastructure marked on the approved plans and specifications as private shall remain private in perpetuity 3. Occupancy Permits. No occupancy permits shall be issued until the Infrastructure, including the Storm Water Management System and BMP Facilities have been installed by the Developer in accordance with approved Plans and all grading work completed. In the alternative, the Developer may guarantee and financially secure the completion of construction of the Improvements by posting a bond, letter of credit or other security approved by the City Council in an amount equivalent to or larger than one-hundred and twenty percent (120%) of the projected cost of the Infrastructure at the date of the expiration of the guarantee. 4. No Agency or Partnership. This Agreement is not intended and shall not be construed to create the relationship of agent, servant, employee, partnership, joint venture or  association as between the City and Developer, nor between the City and any officer, employee, contractor or representative of Developer. No joint employment is intended or created by this Agreement for any purpose. Developer agrees to so inform its employees, agents, contractors and subcontractors who are involved in the implementation of or construction under this Agreement. 5. Failure to Maintain. In the event the Developer, its successors and/or assigns, fails to maintain the storm water management/BMP facilities in good working condition, the City will notify Developer, it successors and/or assigns, of deficiencies by letter. The Developer will have ten (10) days from the date of the letter to respond to the City with an adequate plan to make repairs. If adequate repairs are not made by Developer in a timely manner, Developer hereby consents and agrees that City may enter upon the Property and take whatever steps necessary to correct deficiencies identified in the inspection report. There shall be a five-hundred dollar ($500.00) penalty for each day the Developer does not make adequate repairs. All costs of such repairs made by, or caused to be made by, City shall be assessed to the Developer, its successors and/or assigns, including administrative costs, materials, personnel, attorney’s fees and any penalties. The assessment may be accomplished by placing a special assessment on the property, which may be placed on the tax bill and collected in the same manner as ordinary taxes. It is expressly understood and agreed that the City is under no obligation to routinely maintain or repair said facilities, and in no event shall this Agreement be construed to impose any such obligation on the City. 6. Indemnification. Developer agrees to indemnify, defend, and hold harmless the City, its respective employees, officials, agents, representatives and volunteers from and against any and all liabilities, damages, injuries (including death), property damage (including loss of use), claims, liens, judgments, costs, expenses, suits, actions or proceedings and reasonable attorney's fees, and actual damages of any kind or nature, arising out of the gross negligence or willful misconduct of Developer, its employees, agents, officers, contractors or subcontractors, or Developer's performance or failure to perform under the terms and conditions of this Agreement. Such indemnification, hold harmless and defense obligation shall exclude liability arising out of acts, omissions, or the negligence or willful misconduct of the City. The indemnification and defense obligations set forth herein shall survive the termination of this Agreement. This indemnification is not intended in any fashion to be a waiver of any defense available to the City, its employees, officials, agents, representatives and volunteers including but not limited to sovereign immunity. 7. Governing Law. This Agreement shall be construed under the laws of the state of Missouri. 8. Entire Agreement. This Agreement constitutes the entire agreement between the parties hereto. 9. Notices. All notices hereunder must be in writing and shall be deemed validly given if sent by certified mail, return receipt requested, addressed as follows:  CITY: City of Blue Springs City Administrator 920 W. Main Street Blue Springs, MO 64014 DEVELOPER: Andy’s Frozen Custard 338 N. Boonville Ave. Springfield, MO 65806 10. Counterparts. This Agreement may be executed in any number of identical counterparts, each of which for all purposes shall be deemed an original, and all of which shall constitute collectively one agreement. 11. Binding Effect. This Agreement shall be binding upon and shall inure to the benefit of the parties hereto and their respective successors and assigns. 12. Severability. The provisions of this Agreement shall be deemed severable. If any part of this Agreement shall be held invalid, illegal or unenforceable, the remainder shall remain in full force and effect, and such invalid, illegal or unenforceable provision shall be reformed by such court so as to give maximum legal effect to the intention of the parties as expressed therein. 13. Recording. This Agreement shall be recorded among the land records of Jackson County, Missouri by the Developer and shall constitute a covenant running with the land, and shall be binding on the Developer, its administrators, executors, assigns, heirs and any other successors in interest, including any homeowner's and/or subdivision association. This agreement shall be recorded with the record plat of any development of the Property. 14. Amendments. This Agreement shall not be amended or modified in any way without the prior written approval of the City and that approval must be indicated on the face of any subsequently recorded document amending or modifying this Agreement.  EXHIBIT A Legal Description Lot 3, Mock Plaza, Second Plat, a subdivision in Blue Springs, Jackson County, Missouri, according to the recorded plat thereof, Except the oil, gas, and other minerals (including, without limitation, helium, lignite, sulphur, phosphate and other solid, liquid and gaseous substances underlying the surface of said land and all rights and easements in favor of the estate of said oil, gas, and other minerals (including, without limitation, helium, lignite, sulphur, phosphate and other solid, liquid and gaseous substances) reserved in Special Warranty Deed recorded June 16, 1998 as Document No. 98-I46481 in Book I- 3217 at Page 2367 and Corrective Special Warranty Deed recorded March 28, 2007 as Document No. 2007E0039570.  Council Meeting Date: 12/07/2015 Agenda Item #: 4 Page 1 of 2 CITY OF BLUE SPRINGS CITY COUNCIL INFORMATION FORM DATE: December 1, 2015 SUBMITTED BY: Eric Johnson DEPARTMENT: Administration Ordinance Resolution Presentation Public Hearing Agreement Discussion Rezoning Other ISSUE/REQUEST A presentation from Annette Seago, Deputy Superintendent of the Blue Springs School District (BSSD) regarding an exciting new partnership with the University of Missouri Kansas City (UMKC) related to an entrepreneurial college program that will be offered in Blue Springs beginning in January 2016. The School District is hopeful the City will consider participating financially by providing a small financial contribution (grant) for students and/or business owners/entrepreneurs who might benefit by attending this new course. BACKGROUND/JUSTIFICATION For some time, the BSSD has partnered with UMKC in a variety of high level education programs in order to provide students with unique learning/development opportunities. Over the past few months, the BSSD has been working to enhance the partnership with UMKC in the area of entrepreneurialism. More specifically, this partnership has resulted in UMKC offering a new college course in Blue Springs beginning in January 2016. The course will introduce students to the excitement and challenges of building their own business. It focuses on identifying and evaluating entrepreneurial opportunities, as well as identifying what it takes to get a new venture off the ground. The program will emphasize active, hands-on learning and students will get a chance to dive deep into a venture idea and build a strong business model to assess venture feasibility. The program is open to BSSD High School students as well as other individuals and business owners seeking to potentially start a business and/or grow an existing business. This new initiative aligns very nicely with local economic development goals/strategies aimed at growing local businesses and cultivating an environment of entrepreneurs in Blue Springs. The City of Blue Springs is being asked to consider a one-time allocation that could potentially support one or two students. The cost per student is $1,000 for the entire semester. An allocation of $1,000 to $2,000 (as determined by the Council) can be accommodated in the existing 2016 budget. The program is also being supported financially by other local partners including Lead Bank, the Blue Springs EDC, Central Jackson County Fire Protection District, Lifestyle Nutrition, Grow Blue Springs (GBS), the Blue Springs Chamber of Commerce, and other EDC Investors. Rev. 6/01/2015  Council Meeting Date: 12/07/2015 Agenda Item #: 4 Page 2 of 2 Contributing financially to this request does not bind the City for future/similar educational initiatives. Upon completion of the course, both UMKC and BSSD officials will be evaluating the program to see if the goals and objectives were achieved. FINANCIAL IMPACT Contractor: Blue Springs School District Amount of Request/Contract: $1,000 to $2000 Amount Budgeted: Funding Source/Account #: General Fund (training and education funds) Additional Funds Needed: Funding Source/Account #: PROJECT TIMELINE Estimated Start Date Estimated End Date January 2016 May 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. Letter and information from Annette Seago dated November 20, 2015 2. UMKC – Introduction to Entrepreneurism 3. PowerPoint Presentation IF CONTRACT REQUIRED: 1. E-Verify Affidavits Required? N/A Parent Company: 4. Contract Executed? 5. Affidavits Executed REVIEWED BY Requesting Director: Budget: Christine Cates Legal: City Administrator: Nancy Yendes Eric Johnson Rev. 6/01/2015 UMKC, Blue Springs School District and the City of Blue Springs Forging a Unique Partnership  Proposal –For UMKC to develop an Eastern Jackson County presence in Blue Springs  Why? – Visibility of college in the community – Increased collaboration between high school and university, thus improving the transition from high school to college – Defined student pathways – Opportunity for working adults to continue education in local community – Expand dual credit and dual enrollment opportunities Focused Career Pathways Helping to Assure College Completion –Entrepreneurship/Business –Computer Science/Engineering –Legal –Medical –Dental –Education  Possibilities –BSSD can broadcast UMKC activities and opportunities on the district TV and radio stations –Visiting professors for all grade levels will provide early UMKC influence –Summer UMKC/BSSD camps for students will expedite the UMKC experience and visibility  Dental Start small…think big!! R esearch Dual Enrollment BUSINESS  Where? –BSSD owned building (Paul Consiglio Center) with visibility and appropriate signage  Introduction to Entrepreneurship 3 College Credits through UMKC Spring 2016 Semester ENT 215-Introduction to Entrepreneurship This course introduces students to the excitement and challenges of Course Details: building their own businesses. It focuses on identifying and evaluating x Open to students and adults entrepreneurial opportunities, as well as identifying what it takes to get a new venture off the ground. The course is enriched with real-life x Earn 3 college credits for examples, including case studies of start-ups and personal stories from $1,000.00 (UMKC will bill you local entrepreneurs. The instructor emphasizes active, hands-on directly) learning; additionally, student teams will get a chance to dive deep into a venture idea and build a strong business model to assess venture x Tuesdays, 6—8 pm feasibility. x Held at Paul Consiglio Center: 1501 NW Jefferson Faculty: St., Blue Springs, MO 64015 Phillip Gonsher x To register email Instructor of Entrepreneurship and Marketing njorgensen@bssd.net Assistant Director and Coordinator of Mentor Programs, Regnier Institute for Entrepreneurship and Innovation Entrepreneurship Curriculum Coordinator, Department of Entrepreneurship and CLASS DATES: Innovation Tuesdays, 6 — 8 pm January 19—M ay 3, 2016 No Class: Spring Break, M arch 28-April 1  Council Meeting Date: 12/07/2015 Agenda Item #: 5 Page 1 of 1 CITY OF BLUE SPRINGS CITY COUNCIL INFORMATION FORM DATE: November 9, 2015 SUBMITTED BY: Chris Sandie DEPARTMENT: Public Works Operations Ordinance Resolution Presentation Public Hearing Agreement Discussion Rezoning Other ISSUE/REQUEST Adopt an Ordinance amending Chapter 700, Water and Sewers – General Provisions of the City Code to include a ban on the use of lead materials in public and private drinking water plumbing as required by the Environmental Protection Agency. BACKGROUND/JUSTIFICATION On January 4, 2011 Congress amended Section 1417 of the Safe Drinking Water Act with the addition of “The Reduction of Lead in Drinking Water Act” which became effective January 4, 2014. The Environmental Protection Agency has indicated that in order to be in compliance with amended Section 1417, the City is required to adopt an ordinance banning the use of lead materials in public and private drinking water plumbing. Adoption of this ordinance achieves compliance. FINANCIAL IMPACT Contractor: N/A Amount of Request/Contract: N/A STAFF RECOMMENDATION Staff recommends approval. LIST OF REFERENCE DOCUMENTS ATTACHED 1. Proposed Ordinance REVIEWED BY Requesting Director: Budget: Christopher G. Sandie N/A Legal: City Administrator: Nancy Yendes Eric Johnson Rev. 6/01/2015 Proposed by Public Works BILL NO. 4403 Introduced by Councilman __________ ORDINANCE NO. ______ AN ORDINANCE AMENDING THE CODE OF ORDINANCES, CITY OF BLUE SPRINGS, MISSOURI, BY ADDING SECTION 700.230 TO BAN THE USE OF LEAD MATERIALS IN PUBLIC AND PRIVATE DRINKING WATER PLUMBING WHEREAS, on January 4, 2011, Section 1417 of the Safe Drinking Water Act was amended with the addition of “The Reduction of Lead in Drinking Water Act” which became effective January 4, 2014; and WHEREAS, as required by federal regulation, the City shall ban the use of lead materials in the public drinking water system and private plumbing connected to the public drinking water system; and WHEREAS, the City, shall protect city residents from lead contamination in the city’s public drinking water system and their own private plumbing systems. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BLUE SPRINGS, MISSOURI, AS FOLLOWS: Section I: That the Code of Ordinances City of Blue Springs, Missouri, Chapter 700, Water and Sewers, is hereby amended by adding a new Section to be numbered 700.230, which said new Section, shall read as follows: “SECTION 700.230: LEAD BAN IN PUBLIC AND PRIVATE DRINKING WATER PLUMBING 1) This Section shall apply to all premises served by the public drinking water system of the City of Blue Springs, Missouri. 2) This Section will be reasonably interpreted by the water purveyor. It is the purveyor’s intent to ban the use of lead based material in the construction or modification of the city’s drinking water system or private plumbing connected to the city system. The cooperation of all consumers is required to implement the lead ban. If, in the judgment of the water purveyor or his authorized representative, lead based materials not meeting the new “lead free” definitions have been used in new construction or modifications after January 4, 2014, due notice shall be given to the consumer. The consumer shall immediately comply by having the lead base materials removed from the plumbing system and replaced with lead free materials. If the lead base materials are not removed from the plumbing system, the water purveyor shall have the right to discontinue water service to the premises. 3) Lead is banned from drinking water plumbing to which this Section is applicable. No water service connection shall be installed or maintained to any premises 1  where lead base materials not meeting the new “lead free” definitions have been used in new construction or modifications after January 4, 2014. 4) If a premises is found to be in violation of this Section, water service shall be discontinued until such time that the drinking water plumbing is lead free. 5) The following definitions shall apply in the interpretation and enforcement of this Section. a) “Consumer” means the owner or person in control of any premises supplied by or in any manner connected to a public water system; b) “Lead base materials” means any material containing lead in excess of the quantities specified in Section II. 3A; c) “Lead free” means: i. In General a) When used with respect to solder and flux, refers to solders and flux Containing not more than 0.2 percent (0.2%) lead; and b) When used with respect to pipes and pipe fittings, refers to pipes and pipe fittings containing not more than 0.25 percent (0.25%) lead. ii. Calculation The weighted average lead content of a pipe, pipe fitting, plumbing fitting, or fixture shall be calculated by using the following formula: For each wetted component, the percentage of lead in the component shall be multiplied by the ratio of the wetted surface area of that component to the total wetted surface area of the entire product to arrive at the weighted percentage of lead of the component. The weighted percentage of lead of each wetted component shall be added together, and the sum of these weighted percentages shall constitute the weighted average lead content of the product. The lead content of the material used to produce wetted components shall be used to determine compliance with subparagraph (i) (a). For lead content of materials that are provided as a range, the maximum content of the range shall be used. d) “Public drinking water system” means any publicly or privately owned water system supplying water to the general public which is satisfactory for drinking, culinary and domestic purposes and meets the requirements of the Missouri Department of Natural Resources; and e) “Water purveyor” means the owner, operator, or individual in responsible charge of a public water system. f) “Exemptions” 2  (i) pipes, pipe fittings, plumbing fittings, or fixtures, including backflow preventers, that are used exclusively for non-potable services such as manufacturing, industrial processing, irrigation, outdoor watering, or any other uses where the water is not anticipated to be used for human consumption; or (ii) toilets, bidets, urinals, fill valves, flush-o-meter valves, tub fillers, shower valves, service saddles, or water distribution main gate valves that are 2 inches in diameter or larger. Section II. That this ordinance shall be in full force and effect from and after its passage and approval by the Mayor of Blue Springs. PASSED by the City Council of the City of Blue Springs, Missouri, and approved by the Mayor of Blue Springs, this 7th day of December, 2015. ________________________ Carson Ross, Mayor ATTEST: ______________________________ Sheryl Morgan, City Clerk 1st reading ______________________ 2nd reading ______________________ 3