City Council Agendas

CITY OF BLUE SPRINGS, MISSOURI MINUTES OF COUNCIL MEETING OCTOBER 1, 2018 A Meeting of the City Council of the City of Blue Springs, Missouri, was held on Monday, October 1, 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 Pro Tern Culpepper called the City Council meeting to order at TO ORDER 6:01 p.m. Councilman Fowler made a motion to amend the Agenda to move Item MOTION TO AMEND #18 - Oath of Office for Deputy Chief of Police, Stacey Edwards, to AGENDA immediately after the Consent Agenda. Motion seconded by Councilman Lievsay and carried unanimously. CONSENT AGENDA Mayor Pro Tern Culpepper stated Councilman Fowler requested Agenda Item 3d - Contract for playground and splash pad be pulled from the Consent Agenda for separate consideration. APPROVE CITY COUNCIL Councilman Fowler moved to approve the Minutes of the September MINUTES 24, 2018 City Council Special Meeting. Motion seconded by Councilman Carter and carried unanimously. RESOLUTION 74-2018 - Councilman Fowler moved to adopt Resolution No. 74-2018 approving BANKING SERVICES a contract in the amount of $220,000 with UMB Financial Corporation, 1010 Grand Blvd., Kansas City, MO 64106 for banking services. Motion seconded by Councilman Carter and carried unanimously. RESOLUTION 75-2018 - Councilman Fowler moved to adopt Resolution No. 75-2018 approving DONATION OF POLICE an agreement with the Blue Springs School District (BSSD) to donate CRUISERS three Ford Crown Victoria police cruisers that have been taken out of service, and to execute all documents necessary to transfer ownership of the vehicles to BSSD. Motion seconded by Councilman Carter and carried unanimously. RESOLUTION 77-2018 - Councilman Fowler moved to adopt Resolution No. 77-2018 approving PAVING OF PARK TRAILS a contract in the amount of $404,445 with Tandem Paving Co, Inc., for AND ROADS paving of Burrus Old Mill Park trails and roads. This project is included in the FY2018-19 CIP as project PR-01-18. Motion seconded by Councilman Carter and carried unanimously. October 1, 2018 City Council Minutes Page2 RESOLUTION 78-2018 - Councilman Fowler moved to adopt Resolution No. 78-2018 approving BASKETBALL COURT a contract with McConnell & Associates Corp. in the amount of RENOVATIONS $275,115.00 for Burrus Old Mill Park and Woods Chapel Park basketball court renovations, CIP project# PR-01-18 and PR-21-18. Motion seconded by Councilman Carter and carried unanimously. RESOLUTION 79-2018 - Councilman Fowler moved to adopt Resolution No. 79-2018 ratifying EMERGENCY HVAC the City Administrator's authority to enter into a First Amended REPAIRS Contract with P1 Group, Inc. for the emergency replacement of compressors and repairs to the HVAC units on the Adams Pointe Conference Center, 1400 NE Coronado Drive, Blue Springs, MO 64014, increasing the amount of the contract to $62,000. Motion seconded by Councilman Carter and carried unanimously. RESOLUTION 80-2018 - Councilman Fowler moved to adopt Resolution No. 80-2018 approving DISPOSITION OF the disposition of Information Technology department records which RECORDS have met the required retention period as prescribed by the Blue Springs Records Retention, Management, and Destruction Policy dated November 28, 2016 and in accordance with the Missouri Secretary of State's records retention guidelines. Motion seconded by Councilman Carter and carried unanimously. RESOLUTION 81-2018 - Councilman Fowler moved to adopt Resolution No. 81-2018 approving UPDATE TO PURCHASING updates to the City's Purchasing Policy to ensure compliance with the POLICY Federal Office of Management and Budget's Uniform Guidance on procurement. Motion seconded by Councilman Carter and carried unanimously. RESOLUTION 82-2018 - Councilman Fowler moved to adopt Resolution No. 82-2018 urging PROPOSITION D the citizens of the City of Blue Springs, Missouri, to become informed related to Proposition D and to exercise the right to vote on November 6, 2018. Motion seconded by Councilman Carter and carried unanimously. RESOLUTION 83-2018 - Councilman Fowler moved to adopt Resolution No. 83-2018 approving FOP AGREEMENT WITH a three-year agreement with the Fraternal Order of Police, West OFFICERS Central Missouri Regional Lodge 50 for Police Officers. Motion seconded by Councilman Carter and carried unanimously. RESOLUTION 84-2018 - Councilman Fowler moved to adopt Resolution No. 84-2018 approving FOP AGREEMENT WITH a three-year agreement with the Fraternal Order of Police, West SERGEANTS Central Missouri Regional Lodge 50 for Sergeants. Motion seconded by Councilman Carter and carried unanimously. RESOLUTION 85-2018 - Councilman Fowler moved to adopt Resolution No. 85-2018 approving FOP AGREEMENT WITH a three-year agreement with the Fraternal Order of Police, West LIEUTENANTS Central Missouri Regional Lodge 50 for Lieutenants. Motion seconded by Councilman Carter and carried unanimously. BOARD APPOINTMENTS Human Relations Commission New Appointment: Susan Stokenbury - Vice Chairman  October 1, 2018 City Council Minutes Page 3 Quin Evans - BSHS Student Rep. Public Safety Citizens' Advisory Board: New appointment: Olivia Michael - Student Rep. RESOLUTION 86-2018 - Councilman Fowler moved to adopt Resolution No. 86-2018 a contract CONCRETE REPAIR AND in the amount of $200,000.00 with Downey Construction, Inc. for CONSTRUCTION miscellaneous concrete repair/construction. Motion seconded by Councilman Carter and carried unanimously. ITEM 3d - RESOLUTION Councilman Fowler expressed his appreciation for the lime and effort 76-2018 PLAYGROUND of the Park Commission and staff on this project at Burrus Old Miller AND SPLASH PAD Park. Councilman Fowler moved to adopt Resolution No. 76-2018 approving a contract in the amount of $2,017,665.00 with Athco, LLC for the purchase and installation of a playground and splashpad, restroom/mechanical building and two shelter houses. This project is included in the FY2018-19 CIP as project # PR-01-18. Motion seconded by Councilman Lievsay and carried unanimously. ADMINISTER OATH OF City Clerk Sheryl Morgan administered the Oath of Office to Deputy OFFICE TO DEPUTY Chief of Police, Stacey Edwards. CHIEF OF POLICE SERVICE PIN TO JUDGE Mayor Pro Tern Culpepper awarded Presiding Municipal Judge Don DON LORGRASSO Lograsso with a 15-year anniversary service pin. PUBLIC HEARING - Mayor Pro Tern Culpepper opened the Public Hearing to receive REZONE TIDAL WAVE public comment to rezone from current "GB" (General Business) and AUTO SPA "LI" (Light Industrial) to "RC" (Regional Commercial) for the 1.387 +/- DEVELOPMENT (RZ-08-18- 6529) acre Tidal Wave Auto Spa development located north of SW Westbound U.S. 40 Highway,+\- 550' west of SW 7 Highway at 6:12 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 reviewed the details of the rezoning request. APPLICANT Aaron March and Pettey Hardin presented details of the project and answered questions from Council. The Mayor Pro Tern, hearing no comments for or against, closed the public hearing at 6:29 p.m. INTRODUCTION AND 1•r Councilman Fowler introduced Bill No. 4598 approving the rezoning READING - BILL NO. 4598 from current "GB" (General Business) and "LI" (Light Industrial) to "RC" - REZONE TIDAL WAVE (Regional Commercial) for the 1.387 +/- acre Tidal Wave Auto Spa AUTO SPA development located north of SW Westbound U.S. 40 Highway, +\- 8 18 DEVELOPMENT (RZ-0 • · 550' west of SW 7 Highway. City Clerk Sheryl Morgan made the first 6529 ) reading of Bill No. 4598 by title; copies of the proposed Bill having October 1, 2018 City Council Minutes Page 4 previously been made available to the public. Councilman Fowler moved to approve Bill No. 4598 upon its first reading and proceed with the second reading. Motion seconded by Councilman Carter and carried unanimously. 0 2• READING - BILL NO, Ms, Morgan made the second reading of Bill No, 4598 by title, 4598 Councilman Carter moved to adopt Bill No. 4598 upon its second reading and give ii ORDINANCE NO. 4761, with a copy attached hereto and made a part of the minutes. Motion seconded by Councilman Fowler and carried with the following vote: Councilman Lievsay - Aye Councilman Edmondson - Aye Councilman Fowler - Aye Councilman Kaylor - Aye Councilman Carter - Aye Councilman Culpepper - Aye Mayor Ross - ABSENT PUBLIC HEARING - Mayor Pro Tern Culpepper opened the Public Hearing for REZONE (RZ-08-18-6556) consideration of a Rezoning from "SF-7/PR-O" (Single- AND HOOT OWL Family/Planned Residential Overlay) to "SF-7/PD" (Single- PLANNED DEVELOPMENT Family/Planned Development) and a Planned Development Concept CONCEPT PLAN (PDC-08- 18-6558) - HOOT OWL Plan for an approximate 40 +/- acre property located generally west and east of SE Adams Dairy Parkway, and north of SE Major Road. at 6:30 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 Mike Mallon, Assistant Director of Community Development, outlined the proposed rezoning and Planned Development Concept Plan and addressed questions from Council. APPLICANT Jed Baughman of Powell CWM was present to answer any questions from Council. The Mayor Pro Tern, hearing no comments for or against, closed the public hearing at 6:47 p.m. INTRODUCTION AND 181 Councilman Fowler introduced Bill No. 4599 City Clerk Sheryl Morgan READING - BILL NO. 4599 made the first reading of Bill No. 4599 rezoning an approximate 40 +/- - REZONE HOOT OWL acre property located generally west and east of SE Adams Dairy (RZ-08-18-6556) Parkway, and north of SE Major Road from "SF-7/PR-O" (Single- Family/Planned Residential Overlay) to "SF-7/PD" (Single- Family/Planned Development) by title; copies of the proposed Bill having previously been made available to the public. Councilman Fowler moved to approve Bill No. 4599 upon its first reading and proceed with the second reading. Motion seconded by Councilman Carter and carried unanimously. 0 2• READING - BILL NO, Ms, Morgan made the second reading of Bill No,. 4599 by title, 4599 Councilman Carter moved to adopt Bill No. 4599 upon its second October 1, 2018 City Council Minutes Page 5 reading and give it ORDINANCE NO. 4762, 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 Kaylor - Aye Councilman Carter - Aye Councilman Lievsay - Aye Councilman Edmondson - Aye Councilman Culpepper - Aye Mayor Ross - ABSENT 5 INTRODUCTION AND 1 r Councilman Fowler introduced Bill No. 4600 approving the Hoot Owl READING - BILL NO. 4600 Planned Development Concept Plan. City Clerk Sheryl Morgan made - HOOT OWL PLANNED the first reading of Bill No. 4600 by title; copies of the proposed Bill DEVELOPMENT CONCEPT having previously been made available to the public. PLAN (PDC-08-18-6558) Councilman Fowler moved to approve Bill No. 4600 upon its first reading and proceed with the second reading. Motion seconded by Councilman Carter and carried unanimously. 0 2• READING - BILL NO. Ms. Morgan made the second reading of Bill No. 4600 by title. 4600 · Councilman Carter moved to adopt Bill No. 4600 upon its second reading and give it ORDINANCE NO. 4763, with a copy attached hereto and made a part of the minutes. Motion seconded by Councilman Kaylor and carried with the following vote: Councilman Carter - Aye Councilman Lievsay - Aye Councilman Edmondson - Aye Councilman Fowler - Aye Councilman Kaylor - Aye Councilman Culpepper - Aye Mayor Ross - ABSENT PUBLIC HEARING - Mayor Pro Tern Culpepper opened the Public Hearing for REZONE(RZ-08-18-6538) consideration of a Rezoning from "GB/PUD/R-O" (General AND AMENDED PUD Business/Planned Unit Development/Restricted Overlay) to CONCEPT PLAN - THE "TF/PUD/R-O" (Two-Family/Planned Unit Development/Restricted GARDENS AT CHAPMAN FARMS (PUDC-08-18-6539) Overlay) (RZ-08-18-6538) and an Amended PUD Concept Plan for Chapman Farms, Lots 21-24, on 8.27 +/- acres at the northeast corner of SW Colbern Road and SW 2nd Street for the development of 19 duplexes, totaling 38 residential units, proposed as The Gardens at Chapman Farms 2nd Plat at 6:50 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 Senior Planner Matt Wright outlined the proposed rezoning and Amended Planned Unit Development Concept Plan. APPLICANT Applicant Randy Sallee of Sallee Homes reviewed the plans for the project and answered questions from Council. IN OPPOSITION TO Residents Greg Wills, Sr. and Bob Chaney detailed their objections to the project. The Mayor Pro Tern, hearing no further comments for or against,  October 1, 2018 City Council Minutes Page6 closed the public hearing at 7:13 p.m. INTRODUCTION AND 1sr Councilman Fowler introduced Bill No. 4601 rezoning from READING - BILL NO. 4601 "GB/PUD/R-O" (General Business/Planned Unit Development/ - REZONE THE GARDENS Restricted Overlay) to "TF/PUD/R-O" (Two-Family/Planned Unit AT CHAPMAN FARMS (RZ- 08-18-6538) Development/Restricted Overlay) 8.27 +/- acres at the northeast corner of SW Colbern Road and SW 2nd Street. City Clerk Sheryl Morgan made the first reading of Bill No. 4601 by title; copies of the proposed Bill having previously been made available to the public. Councilman Fowler moved to approve Bill No. 4601 upon its first reading and proceed with the second reading. Motion seconded by Councilman Carter and carried unanimously. 0 2• READING - BILL NO. Ms. Morgan made the second reading of Bill No. 4601 by title. 4601 Councilman Carter moved to adopt Bill No. 4601 upon its second reading and give it ORDINANCE NO. 4764, with a copy attached hereto and made a part of the minutes. Motion seconded by Councilman Lievsay and carried with the following vote: Councilman Edmondson - Aye Councilman Fowler - Aye Councilman Kaylor - Aye Councilman Carter - Aye Councilman Lievsay - Aye Councilman Culpepper - Aye Mayor Ross - ABSENT INTRODUCTION AND 1sr Councilman Fowler introduced Bill No. 4602 approving an Amended READING - BILL NO. 4602 PUD Concept Plan for Chapman Farms, Lots 21-24, on 8.27 +/- acres - AMENDED PUD at the northeast corner of SW Colbern Road and SW 2nd Street for CONCEPT PLAN - the development of 19 duplexes, totaling 38 residential units, CHAPMAN - THE . GARDENS AT CHAPMAN proposed as The Gardens at Chapman F~rms 2nd Plat. . City Clerk FARMS (PUDc- 08 _18_6539) Sheryl Morgan made the_f1rst rea~mg of Bill No. 4602 b~ title; copies of the proposed Bill having previously been made available to the public. Councilman Fowler moved to approve Bill No. 4602 upon its first reading and proceed with the second reading. Motion seconded by Councilman Carter and carried unanimously. 0 2• READING - BILL NO. Ms. Morgan made the second reading of Bill No. 4602 by title. 4602 Councilman Carter moved to adopt Bill No. 4602 upon its second reading and give it ORDINANCE NO. 4765, with a copy attached hereto and made a part of the minutes. Motion seconded by Councilman Lievsay and carried with the following vote: Councilman Kaylor - Aye Councilman Carter - Aye Councilman Lievsay- Aye Councilman Edmondson - Aye Councilman Fowler - Aye Councilman Culpepper - Aye Mayor Ross - ABSENT INTRODUCTION AND 1sr Councilman Fowler introduced Bill No. 4603 approving the Final Plat READING - BILL NO. 4603 for Blue River Family Dental, a one (1) lot subdivision on 0.39 +/- acres  October 1, 2018 City Council Minutes Page 7 - FINAL PLAT - BLUE at 709 W. Main Street. City Clerk Sheryl Morgan made the first RIVER FAMILY DENTAL reading of Bill No. 4603 by title; copies of the proposed Bill having (PF-08-18-6531) previously been made available to the public. Councilman Fowler moved to approve Bill No. 4603 upon its first reading and proceed with the second reading. Motion seconded by Councilman Carter and carried unanimously. 0 2" READING - BILL NO. Ms. Morgan made the second reading of Bill No. 4603 by title. 4603 Councilman Carter moved to adopt Bill No. 4603 upon its second reading and give it ORDINANCE NO. 4766, 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 Kaylor - Aye Councilman Carter - Aye Councilman Culpepper - Aye Mayor Ross - ABSENT INTRODUCTION AND 1sr Councilman Fowler introduced Bill No. 4604 approving a Shared READING - BILL NO. 4604 Access Easement and Agreement between the City of Blue Springs - SHARED ACCESS and Blue River Real Estate Investment LLC for a shared access EASEMENT AND easement between 709 W. Main Street and 711 W. Main Street. City AGREEMENT - 709 AND 711 W. MAIN ST. Clerk Sheryl Morgan made the first reading of Bill No. 4604 by title; copies of the proposed Bill having previously been made available to the public. Councilman Fowler moved to approve Bill No. 4604 upon its first reading and proceed with the second reading. Motion seconded by Councilman Carter and carried unanimously. 0 2" READING - BILL NO. Ms. Morgan made the second reading of Bill No. 4604 by title. 4604 Councilman Carter moved to adopt Bill No. 4604 upon its second reading and give it ORDINANCE NO. 4767, 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 Kaylor - Aye Councilman Carter - Aye Councilman Lievsay - Aye Councilman Edmondson - Aye Councilman Culpepper - Aye Mayor Ross - ABSENT PRESENTATION - CALEA Tim Baysinger of the Commission on Accreditation for Law ACCREDITATION Enforcement Agencies (GALEA) presented Police Chief Bob Muenz with the Second Reaccreditation for the Police Department. INTRODUCTION AND 1sr Councilman Fowler introduced Bill No. 4605 approving a Contract for READING - BILL NO. 4605 Services with the Interim City Prosecutor, Mike Spiegel. City Clerk - INTERIM CITY Sheryl Morgan made the first reading of Bill No. 4605 by title; copies PROSECUTOR of the proposed Bill having previously been made available to the public.  October 1, 2018 City Council Minutes Pages Councilman Fowler moved to approve Bill No. 4605 upon its first reading and proceed with the second reading. Motion seconded by Councilman Carter. COUNCIL DISCUSSION Council discussed concerns over the approval of the contract with the Interim City Prosecutor, Mike Spiegel. Presiding Municipal Court Judge Don Lograsso explained the implications of not having an Interim City Prosecutor. Council expressed the desire to know the details and timeline for the permanent appointment as well as their concern for public safety if the City does not have a City Prosecutor in place. MOTION TO TABLE BILL Councilman Lievsay moved to table Bill No. 4605 approving a contract NO. 4605 - CONTRACT for services as Interim City Prosecutor with Mike Spiegel. Motion WITH INTERIM CITY seconded by Councilman Carter and carried with a vote of 4-2 as PROSECUTOR follows: Councilman Fowler - NO Councilman Kaylor - Aye Councilman Carter - Aye Councilman Lievsay - Aye Councilman Edmondson - Aye Councilman Culpepper - NO Mayor Ross - ABSENT INTRODUCTION AND 1sr Councilman Fowler introduced Bill No. 4606 amending the Code of READING - BILL NO. 4606 Ordinances by adding a new subsection B to Section 235.030 -AMEND CODE Fireworks Causing Explosion in Chapter 235 Fireworks, to allow for RELATING TO fireworks display permits to be. issued throughout the year for public FIREWORKS and private aerial fireworks displays by licensed commercial or private pyrotechnic operators. City Clerk Sheryl Morgan made the first reading of Bill No. 4606 by title; copies of the proposed Bill having previously been made available to the public. Councilman Fowler moved to approve Bill No. 4606 upon its first reading and proceed with the second reading. Motion seconded by Councilman Kaylor and carried unanimously. 0 2• READING - BILL NO. Ms. Morgan made the second reading of Bill No. 4606 by title. 4606 Councilman Carter moved to adopt Bill No. 4606 upon its second reading and give it ORDINANCE NO. 4768, with a copy attached hereto and made a part of the minutes. Motion seconded by Councilman Kaylor and carried with the following vote: Councilman Carter - Aye Councilman Lievsay - Aye Councilman Edmondson - Aye Councilman Fowler - Aye Councilman Kaylor - Aye Councilman Culpepper - Aye Mayor Ross - ABSENT INTRODUCTION AND 1sr Councilman Fowler introduced Bill No. 4607 amending Section READING - BILL NO. 4607 215.015 of the Code of Ordinances to clarify that poultry are livestock -AMEND CODE and farm animals. City Clerk Sheryl Morgan made the first reading of Bill No. 4607 by title; copies of the proposed Bill having previously October 1, 2018 City Council Minutes Page 9 RELATING TO LIVESTOCK been made available to the public. AND FARM ANIMALS Councilman Fowler moved to approve Bill No. 4607 upon its first reading and proceed with the second reading. Motion seconded by Councilman Kaylor and carried with a 5-1 vote (Councilman Lievsay voting No). 2ND READING - BILL NO. Ms. Morgan made the second reading of Bill No. 4607 by title. 4607 Councilman Carter moved to adopt Bill No. 4607 upon its second reading and give it ORDINANCE NO. 4769, with a copy attached hereto and made a part of the minutes. Motion seconded by Councilman Kaylor and carried with the following vote: Councilman Edmondson - Aye Councilman Fowler - Aye Councilman Kaylor - Aye Councilman Carter - Aye Councilman Lievsay - NO Councilman Culpepper - Aye Mayor Ross - ABSENT MAYORAL Mayor Ross is under the weather tonight and will be back in the office ANNOUNCEMENTS in the next day or two and will be at the next Council meeting. ADJOURNMENT At 7:45 p.m., there was no further business to come before the Council, Councilman Carter moved the meeting be adjourned. Motion seconded by Councilman Fowler and carried unanimously.