City Council Agendas

CITY OF BLUE SPRINGS, MISSOURI MINUTES OF COUNCIL MEETING AUGUST 20, 2018 A meeting of the City Council of the City of Blue Springs, Missouri, was held on Monday, August 20, 2018, 6:00 p.m. in the Council Chambers of the Howard L. Brown Public Safety Building, 1100 Smith Street with Mayor Carson Ross presiding. COUNCILMEN IN Jerry Kaylor Dale Carter ATTENDANCE Chris Lievsay Kent Edmondson Ron Fowler Susan Culpepper Also present were City Administrator Eric Johnson, Assistant City Administrator Christine Cates, City Attorney Jacqueline Sommer, and City Clerk Sheryl Morgan. CALL MEETING Mayor Ross called the City Council meeting to order at 6:00 p.m. TO ORDER APPROVE CITY COUNCIL Councilman Culpepper moved to approve the Minutes of the August MINUTES 6, 2018 City Council meeting and the August 16, 2018 City Council Budget Work Session. Motion seconded by Councilman Carter and carried with the following votes: Councilman Kaylor - Aye Councilman Carter - Aye Councilman Lievsay - Aye Councilman Edmondson - Aye Councilman Fowler - Aye Councilman Culpepper - Aye Mayor Ross - Aye RESOLUTION 69-2018 - Councilman Culpepper moved to adopt Resolution No. 69-2018 to AGREEMENT FOR WATER enter into a contract in the amount of $110,000 with Public Water MAIN EXTENSION Supply District of Jackson County, Missouri, Number 13, for a water main extension along Wyatt Road to service Chapman Woods 1st Plat, Lots 2-3. Motion seconded by Councilman Carter and carried with the following votes: Councilman Kaylor - Aye Councilman Carter - Aye Councilman Lievsay - Aye Councilman Edmondson - Aye Councilman Fowler -Aye Councilman Culpepper - Aye Mayor Ross - Aye RESOLUTION 70-2018 - Councilman Culpepper moved to adopt Resolution No. 70-2018 to AGREEMENT FOR enter into a three-year contract, with an optional two-year renewal, in ABATEMENT SERVICES the amount not to exceed $68,000.00 annually for abatement services with Earl Madison Company, LLC for nuisance violations. Motion seconded by Councilman Carter and carried with the following votes: Councilman Kaylor - Aye Councilman Carter - Aye Councilman Lievsay - Aye Councilman Edmondson - Aye Councilman Fowler - Aye Councilman Culpepper - Aye Mayor Ross - Aye August 20, 2018 City Council Minutes Page 2 RESOLUTION 71-2018 - Councilman Culpepper moved to adopt Resolution No. 71-2018 to AGREEMENT FOR enter into a contract in the amount of $20,145.00 with Clean Uniform UNIFORM SERVICES Company for uniform services. Motion seconded by Councilman Carter and carried with the following votes: Councilman Kaylor - Aye Councilman Carter - Aye Councilman Lievsay - Aye Councilman Edmondson - Aye Councilman Fowler - Aye Councilman Culpepper - Aye Mayor Ross - Aye PUBLIC HEARING - Mayor Ross opened the Public Hearing on the vacation of street and VACATION OF alley rights-of-way located generally at 106 & 11 O SW 8th Street at EASEMENTS AT 106 & 110 6:02 p.m. The minutes of the public hearing were recorded by a SW 8TH STREET (VAC-07- certified court reporter. City Clerk Sheryl Morgan entered one exhibit 18-6490) into the record for the public hearing. STAFF REPORT Matt Wright, Senior Planner, detailed the proposed vacation of easements. APPLICANT Applicant, Mike Yancik of Dwellings by Design KC, was available for any Council questions. The Mayor hearing no comments for or against, closed the public hearing at 6:05 p.m. INTRODUCTION AND 1sr Councilman Culpepper introduced Bill No. 4587 approving a street READING - BILL NO. 4587 and alley rights-of-way located generally at 106 & 11 O SW 8th Street. -VACATION OF City Clerk Sheryl Morgan made the first reading of Bill No. 4587 by EASEMENTS AT 106 & 110 title; copies of the proposed Bill having previously been made 8TH STREET (VAC-07-18- available to the public. 6490) Councilman Fowler moved to approve Bill No. 4587 upon its first reading and proceed with the second reading. Motion seconded by Councilman Edmondson and carried unanimously. 2" 0 READING - BILL NO. Ms. Morgan made the second reading of Bill No. 4587 by title. 4587 Councilman Carter moved to adopt Bill No. 4587 upon its second reading and give it ORDINANCE NO. 4754 with a copy attached hereto and made a part of the minutes. Motion seconded by Councilman Kaylor and carried with the following vote: Councilman Lievsay - Aye Councilman Edmondson - Aye Councilman Fowler - Aye Councilman Culpepper - Aye Councilman Carter - Aye Councilman Kaylor - Aye Mayor Ross -Aye PUBLIC HEARINGS - Mayor Ross opened the Public Hearings concurrently on the REZONE HOOT OWL application for rezoning from "SF-7/PR-O" (Single-Family, Planned ACRES (RZ-07-18-6479) Residential Overlay district) to "TF/PD" (Two Family / Planned AND PLANNED Development district), and the consideration of a Planned August 20, 2018 City Council Minutes Page 3 DEVELOPMENT CONCEPT Development Concept Plan (PDC Plan) for Hoot Owl Acres located PLAN HOOT OWL ACRES west of SE Adams Dairy Parkway, and north of SE Major Road, for 14 (PDC-07-18-6480) +/- acres of land for Hoot Owl Acres development located west of SE Adams Dairy Parkway, and north of SE Major Road at 6:06 p.m. The minutes of the public hearing were recorded by a certified court reporter. City Clerk Sheryl Morgan entered two exhibits into the record for each public hearing. STAFF REPORT Mike Mallon, Assistant Director of Community Development outlined the details of the proposed rezoning and PDC Plan. COUNCIL DISCUSSION Councilman Fowler asked the Planning Commission's thoughts on the applications, as well as confirming the property is owned by the Land Bank of Blue Springs. Staff confirmed there are 24 buildings (2 units each) for a total of 48 dwelling units. APPLICANT Jeremy Powell of Powell CWM, Inc. and Justin Larkin spoke on behalf of the applicant, JW Larkin Properties. COUNCIL DISCUSSION Council questioned the price point and square footage of the duplexes and other issues of concern, including the multi-family component. IN SUPPORT OF Sally Groves spoke on behalf of the rezoning and PDC Plan. Council inquired as to the difference in duplexes vs. attached single family homes, as well as the current demographics calling for this type of residence. IN OPPOSITION TO Chris Henricks, Lynn Liikala-Seymore, Chris Hicks, and Curtis Johnson spoke in opposition to the rezoning and PDC Plan. City Attorney Jacqueline Sommer stated that the Land Bank could put a restriction to require a 55+ community on the property; there is a meeting scheduled for August 30, 2018. City Administrator Eric Johnson, who serves as the Land Bank Chairman, stated that the Land Bank sells the property with a due diligence period in which the purchaser can pursue the desired zoning and other approvals needed by the Planning Commission and the City Council. APPLICANT REBUTTAL Jeremy Powell responded to questions and comments raised during the speakers in opposition to the projects. COUNCIL DISCUSSION Council expressed concern over the plan in light of density and the multi-family component. Staff did not have information available on the percentage of multi-family homes originally proposed in the Neighborhood Improvement District compared to the amount currently proposed. Chris Sandie, Director of Public Works, discussed the ability to absorb additional multi-family properties in light of sewer capacity. The Mayor hearing no further comments for or against, closed the public hearing at 7:48 p.m. August 20, 2018 City Council Minutes Page4 INTRODUCTION AND 1•r Councilman Culpepper introduced Bill No. 4588 approving a rezoning READING - BILL NO. 4588 from "SF-7/PR-O" (Single-Family, Planned Residential Overlay - REZONE HOOT OWL district) to "TF/PD" (Two Family/ Planned Development district) for 14 ACRES (RZ-07-18-6479) +/- acres of land for Hoot Owl Acres development located west of SE Adams Dairy Parkway, and north of SE Major Road. City Clerk Sheryl Morgan made the first reading of Bill No. 4588 by title; copies of the proposed Bill having previously been made available to the public. Councilman Fowler moved to approve Bill No. 4588 upon its first reading and proceed with the second reading. Motion seconded by Councilman Carter. COUNCIL DISCUSSION Councilmembers expressed their positions on the rezoning. VOTE ON 1•r READING The motion on the first reading failed with a vote of 2-5 as follows: Councilman Fowler - No Councilman Culpepper - No Councilman Carter - Aye Councilman Kaylor - No Councilman Edmondson - No Councilman Lievsay - No Mayor Ross - Aye INTRODUCTION AND 1•r Councilman Culpepper introduced Bill No. 4589 approving the READING - BILL NO. 4589 Planned Development Concept Plan for Hoot Owl Acres located west - PLANNED of SE Adams Dairy Parkway, and north of SE Major Road, to allow a DEVELOPMENT CONCEPT Planned Development on 14+\- acres of land. City Clerk Sheryl =~~~;fPRD~~~~~-~~O) Morgan made the first reading of Bill No. 4589_ by title; copies of the proposed Bill having previously been made available to the public. Councilman Fowler moved to deny Bill No. 4589 upon its first reading. Motion seconded by Councilman Culpepper and carried with the following vote: Councilman Carter - Aye Councilman Kaylor - Aye Councilman Edmondson - Aye Councilman Lievsay - Aye Councilman Culpepper - Aye Councilman Fowler - Aye Mayor Ross - No PUBLIC HEARINGS - Mayor Ross opened the Public Hearings concurrently on the rezoning REZONE HOOT OWL from "SF-7/PR-O" (Single-Family, Planned Residential Overlay district) RIDGE (RZ-07-18-6495) to "SF-7/PD" (Single-Family / Planned Development district) and a AND PLANNED DEVELOPMENT CONCEPT Planned Development Concept Plan for 26 +/- acres of land for Hoot PL.AN HOOT OWL RIDGE Owl Ridge development located east of SE Adams Dairy Parkway, and (PDC-07-18-6496) north of SE Major Road at 7:58 p.m. The minutes of the public hearing were recorded by a certified court reporter. City Clerk Sheryl Morgan entered two exhibits into the record for each public hearing. STAFF REPORT Assistant Director of Community Development Mike Mallon stated the developer advised he wishes to withdraw the Hoot Owl Ridge Rezoning and Planned Development Concept Plan. August 20, 2018 City Council Minutes Page 5 The Mayor hearing no comments for or against, closed the public hearing at 8:00 p.m. INTRODUCTION AND 1sr The request for rezoning (Bill No. 4590) from "SF-7/PR-O" (Single- READING - BILL NO. 4590 Family, Planned Residential Overlay district) to "SF-7/PD" (Single- - REZONE HOOT OWL Family I Planned Development district) for 26 +/- acres of land for Hoot RIDGE (RZ-07-18-6495) Owl Ridge development located east of SE Adams Dairy Parkway, and north of SE Major Road was withdrawn by the applicant. INTRODUCTION AND 1•r The request for Planned Development Concept Plan (Bill No. 4590) for READING - BILL NO. 4591 Hoot Owl Ridge generally located east of SE Adams Dairy Parkway, - PLANNED and north of SE Major Road, to allow a Planned Development on DEVELOPMENT CONCEPT approximately 26 +/- acres of land was withdrawn by the applicant. PLAN HOOT OWL RIDGE (PDC-07-18-6496) PUBLIC HEARING - Mayor Ross opened the Public Hearing on the rezoning from "GB" REZONE MCCOY (General Business) to "MF-14" (Moderate Density Multi-Family) for the TRIANGLE (RZ-07-18-6464) 1.06 +/- acre McCoy Triangle development located at 100 SE AA Highway at 8:01 p.m. The minutes of the public hearing were recorded by a certified court reporter. City Clerk Sheryl Morgan entered one exhibit into the record for the public hearing STAFF REPORT Nathan Jurey, Associate Planner, outlined the requested rezoning. APPLICANT Shawn Caton was available to answer any questions on behalf of the owner. COUNCIL DISCUSSION Council discussed concerns with traffic, parking, and questioned what other types of structures could be built on the lot. IN OPPOSITION TO Brad Lungstrum spoke in opposition to the rezoning and project. The Mayor hearing no further comments for or against, closed the public hearing at 8:16 p.m. INTRODUCTION AND 1•r Councilman Culpepper introduced Bill No. 4592 rezoning from "GB" READING - BILL NO. 4592 (General Business) to "MF-14" (Moderate Density Multi-Family) for the - REZONE MCCOY 1.06 +/- acre McCoy Triangle development located at 100 SE AA TRIANGLE (RZ-07-18-64 64) Highway. City Clerk Sheryl Morgan made the first reading of Bill No. 4592 by title; copies of the proposed Bill having previously been made available to the public. Councilman Fowler moved to approve Bill No. 4592 upon its first reading and proceed with the second reading. Motion seconded by Councilman Edmondson. COUNCIL DISCUSSION Councilmembers expressed their positions on the rezoning. VOTE ON 1sr READING The motion on the first reading failed with a vote of 0-7 as follows: August 20, 2018 City Council Minutes Page 6 Councilman Kaylor - No Councilman Carter - No Councilman Lievsay - No Councilman Edmondson - No Councilman Fowler - No Councilman Culpepper - No Mayor Ross - No INTRODUCTION AND 151 Councilman Fowler introduced Bill No. 4593 amending the 2017-18 READING - BILL NO. 4593 annual budget increasing the previously adopted and amended budget - AMENDMENT TO FY of $72,447,745.25. by $9,248,863.71 to $81,696,608.96. City Clerk 2017-18 BUDGET Sheryl Morgan made the first reading of Bill No. 4593 by title; copies of the proposed Bill having previously been made available to the public. Councilman Fowler moved to approve Bill No. 4593 upon its first reading and proceed with the second reading. Motion seconded by Councilman Culpepper and carried unanimously. 2No READING - BILL NO. Ms. Morgan made the second reading of Bill No. 4593 by title. 4593 Councilman Carter moved to adopt Bill No. 4593 upon its second reading and give it ORDINANCE NO. 4755, with a copy attached hereto and made a part of the minutes. Motion seconded by Councilman Lievsay and carried with the following vote: Councilman Lievsay - Aye Councilman Edmondson - Aye Councilman Fowler - Aye Councilman Culpepper - Aye Councilman Carter - Aye Councilman Kaylor - Aye Mayor Ross - Aye MOTION TO REMOVE BILL Councilman Carter moved to remove Bill No. 4586 continuing the NO. 4586 - PROCEDURE procedure to disclose potential conflicts of interest and substantial FOR CONFLICT OF interests for certain municipal officials - first established by Ordinance INTEREST FROM THE No. 2101, pursuant to RSMo. Sections 105.483 (11) and 105.485 from TABLE the Table. Motion seconded by Councilman Culpepper and carried unanimously. VOTE ON 151 READING OF Motion to approve the first reading of Bill No. 4586 and proceed with BILL NO. 4586 - the second was approved unanimously. PROCEDURE FOR CONFLICT OF INTEREST 2No READING - BILL NO. Ms. Morgan made the second reading of Bill No. 4586 by title. 4586 Councilman Carter moved to adopt Bill No. 4586 upon its second reading and give it ORDINANCE NO. 4756, with a copy attached hereto and made a part of the minutes. Motion seconded by Councilman Lievsay and carried with the following vote: Councilman Fowler - Aye Councilman Culpepper - Aye Councilman Carter - Aye Councilman Kaylor - Aye Councilman Edmondson - Aye Councilman Lievsay - Aye Mayor Ross - Aye August 20, 2018 City Council Minutes Page 7 MAYORAL There will not be a Council meeting on Monday, September 3rd due to ANNOUNCEMENTS the Labor Day Holiday. The meeting will be held on Wednesday, September 5th . Thoughts to ponder: "While we're postponing, life speeds by." (Lucius Seneca ) ADJOURNMENT At 8:21 p.m., there was no further business to come before the Council, Councilman Carter moved the meeting be adjourned. Motion seconded by Councilman Kaylor and carried unanimously. CITY OF BLUE SPRINGS Carson Ross, Mayor