City Council Agendas

CITY COUNCIL MEETING July 15, 2019 6:00 p.m. Council Chambers Howard L. Brown Public Safety Building 1100 SW Smith 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 City Clerk. 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 of the Council with no separate discussion. If separate discussion is desired, that item may be removed from the Consent Agenda and placed on the Regular Agenda by request of a member of the City Council. a. Minutes of the July 1, 2019 City Council Meeting b. Approve liquor license for Paceline KC LLC dba MOD Pizza c. Approve Board and Commission appointments d-g. Resolution Nos. 44-2019 through 47-2019 accepting certain public assets 4. Public Hearing – Amendments to Unified Development Code relating to medical marijuana 5. Introduction and readings of Bill No. 4681 approving Amendments to Unified Development Code relating to medical marijuana 6. Public Hearing – Fiscal Year 2019-20 through 2021-22 sewer rates (To be continued to August 5, 2019) 7. Introduction and readings of Bill No. 4682 accepting offsite easement at 308 SW 21st Street 8. Introduction and readings of Bill No. 4683 approving permanent utility easement from The Southside Church of Christ 9. Mayoral Announcements Thoughts to Ponder 10. Visitors 11. Adjourn  Miscellaneous Items Human Relations Commission Meeting - Tuesday, July 16, 6:30 PM - Journagan Family Community Room – Public Safety Building, 1100 SW Smith Public Art Commission Meeting – Wednesday, July 17 (rescheduled from July 10 meeting), 3:30 PM, Administrative Conference Room – Blue Springs Fieldhouse, 425 NE Mock Public Safety Citizens Advisory Board Meeting - Tuesday, July 23, 6:00 PM – Journagan Family Community Room – Public Safety Building, 1100 SW Smith City Council Work Session – Monday, July 29, 6:00 PM – City Hall Training Room, 903 W. Main City Council Meeting – Monday, August 5, 6:00 PM - Council Chambers – Public Safety Building, 1100 SW Smith Planning Commission Meeting – Monday, August 12, 6:30 PM, Council Chambers – Public Safety Building, 1100 SW Smith Public Art Commission – Wednesday, August 14, 3:30 PM, Administration Conference Room – Blue Springs Fieldhouse, 425 NE Mock Board of Adjustment Meeting – Wednesday, August 14, 6:30 PM, Council Chambers – Public Safety Building, 1100 SW Smith Land Bank of Blue Springs Meeting – Monday, August 19, 3:00 PM, Admin Conference Room, City Hall, 903 W Main City Council Meeting – Monday, August 19, 6:00 PM - Council Chambers – Public Safety Building, 1100 SW Smith Agenda was posted at City Hall and on the City’s website on Thursday, July 11, 2019. Sheryl Morgan City Clerk TO: Mayor, City Council, Department Directors, and Press FROM: Eric Johnson City Administrator DATE: July 11, 2019 SUBJECT: Agenda Explanations Item 3b – Liquor License for MOD Pizza Approve an address change for managing agent for Paceline KC, LLC dba MOD Pizza. According to City of Blue Springs City Code, Chapter 600, Section 600.120 (B), all changes to the Managing Agent or type of license shall be approved by City Council. Refer to Council Information Form from Tom Cole, Director of Community and Economic Development, for additional information. Item 3c – Board and Commission Appointments Pursuant to Blue Springs Home Rule Charter Section 4.4.C – Powers and Duties; Appointments: The Mayor, with the advice and consent of the majority of the Council, shall appoint all members of committees, boards, and commissions. A slate of 2019 appointments and reappointments will be submitted to Council for approval. Refer to Council Information Form from City Clerk Sheryl Morgan for additional information. Item 3d – 3g – Accepting Certain Public Assets Adopt Resolutions accepting certain public assets for the Gardens at Colonial Highlands 1st Plat, Aldi Subdivision, Faurecia Plat, and Estates at Chapman Farms 3rd Plat. Refer to Council Information Form from Director of Public Works, Chris Sandie, for additional information. Items 4 & 5 – UDC Amendment relating to Medical Marijuana A public hearing is being held at the request of the City of Blue Springs for consideration of amendments to the Unified Development Code related to medical marijuana. Upon conclusion of the public hearing, a Bill approving the amendments to various Sections and Subsections of Title IV, Chapters 401-411, Unified Development Code, of the Code of Ordinances of the City of Blue Springs to adopt additional regulations for the zoning, land use, and development standards related to medical marijuana uses and facilities will be ready for introduction and readings. Refer to Council Information Form from Tom Cole, Director of Community and Economic Development, for additional information. Item 6 – FY 2019-20 through 2021-22 Sewer Rates Staff is requesting a continuance of the hearing to receive public comments on the FY 2019-20 through 2021-22 Sewer Rates to the August 5, 2019 City Council meeting. A motion to continue is in order. Item 7 – Offsite Easement for 308 SW 21st Street Passage of a Bill accepting an offsite easement from Donna J. Phillips for the installation of a water main at 308 SW 21st Street. The easement is for water only. Refer to Council Information Form from Director of Public Works, Chris Sandie, for additional information. July 11, 2019 Page 2 Item 8 – Permanent Utility Easement from The Southside Church of Christ Passage of a Bill approving the conveyance of a permanent utility easement from The Southside Church of Christ of Blue Springs, Missouri. Refer to Council Information Form from Director of Public Works, Chris Sandie, for additional information.  CITY OF BLUE SPRINGS, MISSOURI MINUTES OF COUNCIL MEETING JULY 1, 2019 A meeting of the City Council of the City of Blue Springs, Missouri, was held on Monday, July 1, 2019, 6:00 p.m. in the Council Chambers of the Howard L. Brown Public Safety Building, 1100 Smith Street with Mayor Carson Ross presiding. COUNCILMEMBERS IN Jerry Kaylor Galen Ericson 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 TO Mayor Ross called the meeting to order at 6:00 p.m. and led in the ORDER Pledge of Allegiance. CONSENT AGENDA Councilmember Culpepper moved to approve the following Consent Agenda items and the motion was seconded by Councilmember Edmondson. • Minutes of the June 17, 2019 City Council Meeting • Liquor License for 3JC LLC dba Encore located at 1200 NW 7 Highway Blue Springs, MO 64014, to sell intoxicating liquors by the drink for consumption on premises, Restaurant-Bar/Lounge Bar • Resolution No. 39-2019 approving the disposition of Information Technology department records which have met the required retention period • Resolution No. 40-2019 approving a contract in the amount of $74,500 with Stantec Consulting Services Inc. for pavement management system analysis • Resolution No. 41-2019 approving a lease/purchase agreement for a John Deere ProGator 2020A with HD300 Sprayer for turf maintenance at Adams Pointe Golf Course from VanWall Equipment, Inc. with the lease/purchase financing from Deere Credit Services, Inc. dba John Deere Financial • Resolution No. 42-2019 approving a contract in the amount of $285,213.60 with Donelson Construction Co., LLC for the 2019 Modified Aggregate Quickset Surface (MAQS) Program • Resolution No. 43-2019 approving a Memorandum of Understanding with MWI Properties, LLC, providing for reimbursement of $30,000 for a portion of its costs to relocate a sewer line at 2900 Hunter Drive, to be paid from CIP Project SAN- 19 Sewer Infrastructure Deployment • Resolution No. 44-2019 approving a contract in the amount of $1,263,659.35 with Radmacher Brothers Excavating Co., Inc. for the 2019 Roanoke Drive project. This project is approved as CIP ST-08 Roanoke Drive Improvement Project July 1, 2019 City Council Minutes Page 2 • Resolution No. 45-2019 appointing the first Board of Directors of the North Blue Springs Community Improvement District The Consent Agenda was approved with the following vote: Kaylor – Aye Ericson – Aye Lievsay – Aye Edmondson – Aye Fowler – Aye Culpepper – Aye Mayor Ross – Aye PUBLIC HEARING – Mayor Ross opened the Public Hearing to receive public comment on INDUSTRIAL a Bill approving a plan for an industrial development project for the DEVELOPMENT PLANS benefit of Durvet, Inc at 6:02 p.m. The minutes of the public hearing FOR DURVET INC were recorded by a certified court reporter. City Clerk Sheryl Morgan entered one exhibit into the record. STAFF REPORT Tom Cole, Director of Community and Economic Development, outlined the details of the industrial development project. APPLICANT Todd Muensterman of Durvet, Inc. was present to answer questions of the Council. The Mayor hearing no comments for or against, closed the public hearing at 6:05 p.m. INTRODUCTION AND 1ST Councilmember Culpepper introduced Bill No. 4679 approving the plan READING – BILL NO. for an industrial development project pursuant to Chapter 100 of the 4679 – INDUSTRIAL Revised Statutes of Missouri and a Performance Agreement between DEVELOPMENT PLANS the City and Durvet Inc. City Clerk Sheryl Morgan made the first FOR DURVET INC reading of Bill No. 4679 by title; copies of the proposed Bill having previously been made available to the public. Councilmember Fowler moved to approve Bill No. 4679 upon its first reading and proceed with the second reading. Motion seconded by Councilmember Kaylor and carried unanimously. 2ND READING – BILL NO. Ms. Morgan made the second reading of Bill No. 4679 by title. 4679 Councilmember Fowler moved to adopt Bill No. 4679 upon its second reading and give it ORDINANCE NO. 4836, with a copy attached hereto and made a part of the minutes. Motion seconded by Councilmember Kaylor and carried with the following vote: Lievsay – Aye Edmondson – Aye Fowler – Aye Culpepper – Aye Ericson – Aye Kaylor – Aye Mayor Ross – Aye BILL NO. 4673 – AMEND Mayor Ross advised the Public Hearing and first reading of Bill No. 4673 UDC RELATING TO amending the Unified Development Code to adopt regulations for Solar SOLAR ENERGY Energy Systems were held at the June 17, 2019 City Council meeting. SYSTEMS July 1, 2019 City Council Minutes Page 3 2ND READING – BILL NO. City Clerk Morgan made the second reading of Bill No. 4673 by title. 4673 Councilmember Fowler moved to approve Bill No. 4673 on its second reading and to assign the appropriate Ordinance number. The motion was seconded by Councilmember Lievsay. MOTION TO AMEND BILL Councilmember Ericson moved to amend Bill No. 4673 as follows: NO. 4673 • Add “and shall be screened as required under the provisions of this Section” to the end of the first sentence of Section 405.060.A.7.e; and • Add “and roof-mounted solar panels shall not be allowed on the primary street-facing roof plane.” To the end of Section 405.060.A.7.f; and • Add the sentence “Unless mounted flush, solar panels shall be screened on all four sides, at a minimum of 50% of the tallest height of the solar panel structure, from all adjacent streets or properties with a material that matches or complements the architecture of the building.” at the end of Section 405.060.A.7.g. Motion seconded by Councilmember Culpepper. COUNCIL DISCUSSION Council and staff discussed the details of each section of the proposed amendment and viewed drawings provided by staff and pictures submitted by Councilmember Kaylor of structures in the City with solar panels. The drawings and pictures are attached to these Minutes and incorporated herein. MOTION TO DIVIDE THE Councilmember Kaylor moved to divide the question into three separate QUESTION amendments. Motion seconded by Councilmember Ericson and carried with a vote of 6-1 as follows: Fowler – NO Culpepper – Aye Ericson – Aye Kaylor – Aye Edmondson – Aye Lievsay – Aye Mayor Ross – Aye 1st MOTION TO AMEND Councilmember Culpepper moved to amend Bill No. 4673 by adding BILL NO. 4673 “and shall be screened as required under the provisions of this Section” to the end of the first sentence of Section 405.060.A.7.e. Motion seconded by Councilmember Ericson and after Council discussion failed with a vote of 2-5: Ericson – Aye Kaylor – NO Edmondson – NO Lievsay – NO Culpepper – Aye Fowler – NO Mayor Ross – NO 2nd MOTION TO AMEND Councilmember Culpepper moved to amend Bill No. 4673 as follows by BILL NO. 4673 adding “and roof-mounted solar panels shall not be allowed on the primary street-facing roof plane.” to the end of Section 405.060.A.7.f. Motion seconded by Councilmember Kaylor and after Council discussion carried with a vote of 4-3: July 1, 2019 City Council Minutes Page 4 Edmondson – NO Lievsay – NO Culpepper – Aye Fowler – NO Kaylor – Aye Ericson – Aye Mayor Ross – Aye 3rd MOTION TO AMEND Councilmember Ericson moved to amend Bill No. 4673 as follows by BILL NO. 4673 adding the sentence “Unless mounted flush, solar panels shall be screened on all four sides, at a minimum of 50% of the tallest height of the solar panel structure, from all adjacent streets or properties with a material that matches or complements the architecture of the building.” at the end of Section 405.060.A.7.g. Motion seconded by Councilmember Culpepper and failed with a vote of 3-4: Culpepper – Aye Fowler – NO Kaylor – NO Ericson – Aye Lievsay – NO Edmondson – NO Mayor Ross – Aye VOTE ON 2ND READING Councilmember Kaylor moved to adopt Bill No. 4673, as amended, upon OF BILL NO. 4673, AS its second reading and give it ORDINANCE NO. 4837, with a copy AMENDED attached hereto and made a part of the minutes. Motion seconded by Councilmember Lievsay and carried after Council discussion with a vote of 4-3: Kaylor – Aye Ericson – Aye Lievsay – NO Edmondson – NO Fowler – NO Culpepper – Aye Mayor Ross – Aye INTRODUCTION AND 1ST Councilmember Culpepper introduced Bill No. 4680 approving the READING – BILL NO. acceptance of right-of-way conveyances and temporary construction 4680 – CONVEYANCES easements from the abutting property owners for the NE Roanoke Drive AND EASEMENTS improvements. City Clerk Sheryl Morgan made the first reading of Bill RELATING TO NE No. 4680 by title; copies of the proposed Bill having previously been ROANOKE DRIVE IMPROVEMENTS made available to the public. Councilmember Fowler moved to approve Bill No. 4680 upon its first reading and proceed with the second reading. Motion seconded by Councilmember Kaylor and carried unanimously. 2ND READING – BILL NO. Ms. Morgan made the second reading of Bill No. 4680 by title. 4680 Councilmember Fowler moved to adopt Bill No. 4680 upon its second reading and give it ORDINANCE NO. 4838, with a copy attached hereto and made a part of the minutes. Motion seconded by Councilmember Kaylor and carried with the following vote: Lievsay – Aye Edmondson – Aye Fowler – Aye Culpepper – Aye Ericson – Aye Kaylor – Aye Mayor Ross – Aye July 1, 2019 City Council Minutes Page 5 MAYORAL Just a reminder to the public that the City will not hold its annual ANNOUNCEMENTS fireworks displays due to construction at the High School. Please be aware of the timeline in which fireworks are allowed to be shot within the City limits. Thoughts to Ponder: “People often say that motivation doesn’t last…well, neither does bathing, that’s why we recommend it daily.” (Zig Ziglar) ADJOURNMENT At 6:50 p.m., there was no further business to come before the Council, Councilmember Edmondson moved the meeting be adjourned. Motion seconded by Councilmember Kaylor and carried unanimously. CITY OF BLUE SPRINGS ATTEST: ___________________________________ Carson Ross, Mayor ______________________________ Sheryl Morgan, City Clerk  Council Meeting Date: July 15, 2019 Agenda Item #: 3b Page 1 of 2 CITY OF BLUE SPRINGS CITY COUNCIL INFORMATION FORM DATE SUBMITTED: July 1, 2019 SUBMITTED BY: Thomas Cole DEPARTMENT: Community Development Ordinance Resolution Presentation Public Hearing Contract Discussion Economic Dev. Other ISSUE/REQUEST Approve an address change for managing agent for Paceline KC, LLC dba MOD Pizza. According to City of Blue Springs City Code, Chapter 600, Section 600.120 (B), all changes to the Managing Agent or type of license shall be approved by City Council. BACKGROUND/JUSTIFICATION Paceline KC, LLC dba MOD Pizza located at 1112 NE Coronado Drive, Blue Springs, MO 64014, this business’s managing agent has an address change from 235 NE Eastwood Drive to 1010 SE Willow Ridge Drive Blue Springs, MO 64014. FINANCIAL IMPACT Contractor: Paceline KC, LLC dba MOD Pizza Budget Year: FY2018-2019 Account Balance: N/A Date: 7/8/2019 Revenue to be Received: $352.50 Revenue Account No. 100.00000.410200.000 Liquor License Revenue PROJECT TIMELINE Estimated Start Date Estimated End Date July 15, 2019 June 30, 2020 Years and Months Contract in effect Number of times renewable 1 year N/A STAFF RECOMMENDATION Staff recommends approval. LIST OF REFERENCE DOCUMENTS LOCATED IN BUSINESS SERVICES DIVISION 1. Notarized Individual Property Tax Receipt/Affidavit for Managing Agent, Certificate of Voter Registration for Managing Agent, Copy of the Current Lease, and a Photo of the Managing Agent are on file in the Business Services Department. 2. Application for a Business License is on file in the Business Services Department. Rev. 08/14/2018  Council Meeting Date: July 15, 2019 Agenda Item #: 3b Page 2 of 2 REVIEWED BY Requesting Director: Budget: Thomas Cole Lori Turner Legal: City Administrator: Jacqueline A. Sommer Eric Johnson Rev. 08/14/2018  Council Meeting Date: July 15, 2019 Agenda Item #: 3c Page 1 of 2 CITY OF BLUE SPRINGS CITY COUNCIL INFORMATION FORM DATE: July 9, 2019 SUBMITTED BY: Sheryl Morgan DEPARTMENT: Administration Ordinance Resolution Presentation Public Hearing Agreement Discussion Rezoning Other ISSUE/REQUEST Pursuant to Blue Springs Home Rule Charter Section 4.4.C – Powers and Duties; Appointments: The Mayor, with the advice and consent of the majority of the Council, shall appoint all members of committees, boards, and commissions. A slate of 2019 appointments and reappointments will be submitted to Council for approval. BACKGROUND/JUSTIFICATION The list of the Mayor’s annual appointments and reappointments for terms expiring in 2019 for approval by Council are as follows: Board of Adjustment: New appointment: Jon Burke Downtown Review Board: Reappointment: Cindy Miller Jennifer Hauschild Cindy Miller, Chair Jennifer Hauschild, Vice Chair New appointment: LaKeisha Veal, Planning Commission Rep. Economic Development Board: New appointment: Michael Scott Taylor Warwick Park Commission: New appointment: Rachel Uptergrove Technical Review Committee: Reappointment: Gary Grist FINANCIAL IMPACT Contractor: N/A PROJECT TIMELINE Estimated Start Date Estimated End Date N/A N/A  Council Meeting Date: July 15, 2019 Agenda Item #: 3c Page 2 of 2 STAFF RECOMMENDATION N/A OTHER BOARDS & COMMISSIONS ASSIGNED Name of Board or Commission: N/A LIST OF REFERENCE DOCUMENTS ATTACHED 1. N/A IF CONTRACT REQUIRED: E-Verify Affidavits Required? N/A Parent Company: REVIEWED BY Requesting Director: Budget: Sheryl Morgan N/A Legal: City Administrator: Jacqueline Sommer Eric Johnson  Council Meeting Date: July 15, 2019 Agenda Item #: 3d-3g Page 1 of 2 CITY OF BLUE SPRINGS CITY COUNCIL INFORMATION FORM DATE SUBMITTED: June 7, 2019 SUBMITTED BY: Chris Sandie DEPARTMENT: Engineering Ordinance Resolution Presentation Public Hearing Contract Discussion Economic Dev. Other ISSUE/REQUEST Adopt Resolutions accepting certain public assets for the Gardens at Colonial Highlands 1st Plat, Aldi Subdivision, Faurecia Plat, and Estates at Chapman Farms 3rd Plat. BACKGROUND/JUSTIFICATION Public assets, e.g. water lines, storm pipe, water mains, and roadways must be inspected and certified that they are built per City specifications and standards. Based upon Section 403.050 of the Unified Development Code, the City of Blue Springs Engineering Department staff recommends the acceptance of the assets listed in the attached resolutions. The assets total $ 2,270,175 in value. FINANCIAL IMPACT Contractor: N/A PROJECT TIMELINE Estimated Start Date Estimated End Date July 15, 2019 N/A STAFF RECOMMENDATION Staff recommends approval. OTHER BOARDS & COMMISSIONS ASSIGNED Name of Board or Commission: N/A ECONOMIC DEVELOPMENT PROJECT N/A LIST OF REFERENCE DOCUMENTS ATTACHED 1. Resolution accepting certain public assets of the Gardens at Colonial Highlands 1st Plat. 2. Resolution accepting certain public assets of the Aldi Subdivision. 3. Resolution accepting certain public assets of the Faurecia Plat. 4. Resolution accepting certain public assets of the Estates at Chapman Farms 3rd Plat. Rev. 08/14/2018  Council Meeting Date: July 15, 2019 Agenda Item #: 3d-3g Page 2 of 2 REVIEWED BY Requesting Director: Budget: Chris Sandie N/A Legal: City Administrator: Jacqueline A. Sommer Eric Johnson Rev. 08/14/2018  Resolution No. 46-2019 A RESOLUTION ACCEPTING CERTAIN PUBLIC ASSETS FOR THE FINAL PLAT OF GARDENS AT COLONIAL HIGHLANDS 1ST PLAT WHEREAS, certain utilities have been built per City specifications and the City’s Unified Development Code; and WHEREAS, Section 403.050 of the Code of Ordinances, of the City of Blue Springs, Missouri requires public assets to be accepted to City specifications: 2,054 LF of streets valued at $821,600 1,045 LF of 15” storm pipe valued at $20,900 389 LF of 18” storm pipe valued at $8,558 148 LF of 24” storm pipe valued at $3,848 205 LF of 36” storm pipe valued at $7,380 143 LF of 42” storm pipe valued at $6,006 344 LF of 48” storm pipe valued at $16,512 2,041 LF of 8” sanitary pipe valued at $51,025 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BLUE SPRINGS, MISSOURI, as follows: Section 1: That the City of Blue Springs hereby accepts for maintenance of said public assets described herein for Final Plat of Gardens at Colonial Highlands 1st Plat. PASSED by the City Council of the City of Blue Springs, Missouri, and approved by the Mayor of Blue Springs, this 15th day of July, 2019. CITY OF BLUE SPRINGS _________________________ Carson Ross, Mayor ATTEST: ________________________________ Sheryl Morgan, City Clerk Rev. 12/18/2017  Resolution No. 47-2019 A RESOLUTION ACCEPTING CERTAIN PUBLIC ASSETS FOR THE FINAL PLAT OF ALDI SUBDIVISION WHEREAS, certain utilities have been built per City specifications and the City’s Unified Development Code; and WHEREAS, Section 403.050 of the Code of Ordinances, of the City of Blue Springs, Missouri requires public assets to be accepted to City specifications: 188 LF of streets valued at $75,200 40 LF of 15” storm pipe valued at $800 146 LF of 5’ and 6’ RCB valued at $9,636 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BLUE SPRINGS, MISSOURI, as follows: Section 1: The City of Blue Springs hereby accepts for maintenance of said public assets described herein for Final Plat of Aldi Subdivision. PASSED by the City Council of the City of Blue Springs, Missouri, and approved by the Mayor of Blue Springs, this 15th day of July, 2019. CITY OF BLUE SPRINGS _________________________ Carson Ross, Mayor ATTEST: ________________________________ Sheryl Morgan, City Clerk Rev. 12/18/2017  Resolution No. 48-2019 A RESOLUTION ACCEPTING CERTAIN PUBLIC ASSETS FOR THE FINAL PLAT OF FAURECIA PLAT WHEREAS, certain utilities have been built per City specifications and the City’s Unified Development Code; and WHEREAS, Section 403.050 of the Code of Ordinances, of the City of Blue Springs, Missouri requires public assets to be accepted to City specifications: 861 LF of streets valued at $344,400 800 LF of 8” sanitary pipe valued at $20,000 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BLUE SPRINGS, MISSOURI, as follows: Section 1: That the City of Blue Springs hereby accepts for maintenance of said public assets described herein for Final Plat of Faurecia Plat. PASSED by the City Council of the City of Blue Springs, Missouri, and approved by the Mayor of Blue Springs, this 15th day of July, 2019. CITY OF BLUE SPRINGS _________________________ Carson Ross, Mayor ATTEST: ________________________________ Sheryl Morgan, City Clerk Rev. 12/18/2017  Resolution No. 49-2019 A RESOLUTION ACCEPTING CERTAIN PUBLIC ASSETS FOR THE FINAL PLAT OF ESTATES AT CHAPMAN FARMS 3RD PLAT WHEREAS, certain utilities have been built per City specifications and the City’s Unified Development Code; and WHEREAS, Section 403.050 of the Code of Ordinances, of the City of Blue Springs, Missouri requires public assets to be accepted to City specifications: 1,928 LF of streets valued at $771,200 399 LF of 15” storm pipe valued at $7,980 1,152 LF of 18” storm pipe valued at $25,344 334 LF of 30” storm pipe valued at $10,020 556 LF of 36” storm pipe valued at $20,016 1,990 LF of 8” sanitary pipe valued at $49,750 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BLUE SPRINGS, MISSOURI, as follows: Section 1: The City of Blue Springs hereby accepts for maintenance of said public assets described herein for Final Plat of Estates at Chapman Farms 3rd Plat. PASSED by the City Council of the City of Blue Springs, Missouri, and approved by the Mayor of Blue Springs, this 15th day of July, 2019. CITY OF BLUE SPRINGS _________________________ Carson Ross, Mayor ATTEST: ________________________________ Sheryl Morgan, City Clerk Rev. 12/18/2017  CITY OF BLUE SPRINGS, MISSOURI CITY COUNCIL JULY 15, 2019 EXHIBITS FOR PUBLIC HEARING AMENDMENTS TO THE UNIFIED DEVELOPMENT CODE RELATED TO MEDICAL MARIJUANA EXHIBIT #1 Council Information Form dated July 9, 2019 with attachments: Staff report, Affidavit of Publication in The Examiner on June 22, 2019, UCD Text Amendment Application, and Bill No. 4681 amending the Unified Development Code  Council Meeting Date: July 15, 2019 Agenda Item #: 4 & 5 Page 1 of 2 CITY OF BLUE SPRINGS CITY COUNCIL INFORMATION FORM DATE SUBMITTED: July 9, 2019 SUBMITTED BY: Tom Cole DEPARTMENT: Community Development Ordinance Resolution Presentation Public Hearing Contract Discussion Economic Dev. Other ISSUE/REQUEST A public hearing is being held at the request of the City of Blue Springs for consideration of amendments to the Unified Development Code related to medical marijuana. Upon conclusion of the public hearing, a Bill approving the amendments to various Sections and Subsections of Title IV, Chapters 401-411, Unified Development Code, of the Code of Ordinances of the City of Blue Springs to adopt additional regulations for the zoning, land use, and development standards related to medical marijuana uses and facilities will be ready for introduction and readings. BACKGROUND/JUSTIFICATION The City adopted UDC Amendments for Medical Marijuana through Ordinance No. 4826 on May 20, 2019 and Ordinance No. 4829 on June 3, 2019, prior to the Department of Health and Senior Services (DHSS) releasing the final rules for medical marijuana operations in the State. The DHSS published its final rules as Emergency Rules on July 1, 2019. As a result, the City needs to adopt additional amendments to the UDC to align with the Emergency Rules put forth by the DHSS. The Downtown Review Board (DRB) reviewed the proposed amendments at its June 27, 2019 meeting and recommended approval of the proposed amendments. The Development Advisory Commission (DAC) reviewed the proposed amendments at its July 1, 2019 meeting, and recommended approval of the proposed amendments. The Planning Commission held a public hearing on July 8, 2019 to review the proposed amendments and voted 6 to 3 to approve the UDC Text Amendment language as written. The proposed UDC Amendments include: 1. Adding Medical Marijuana Transportation Facility as a land use and specifying which zoning districts it is permitted within. 2. Amending the zoning districts in which a Medical Marijuana Testing Facility is permitted. 3. Adopting Special Use Standards for Medical Marijuana Transportation Facilities, Medical Marijuana Warehouses, and amending previously adopted Special Use Standards for Medical Marijuana Uses. 4. Adopting a process through which relief, modifications or alternatives to the strict application of the regulations contained within the Special Use Standards Section of the UDC may be requested. 5. Further amending the Downtown Development Code related to Medical Marijuana Dispensaries and Medical Marijuana Testing Facilities. Rev. 08/14/2018  Council Meeting Date: July 15, 2019 Agenda Item #: 4 & 5 Page 2 of 2 FINANCIAL IMPACT Contractor: N/A PROJECT TIMELINE Estimated Start Date Estimated End Date July 16, 2019 N/A STAFF RECOMMENDATION Staff recommends approval. OTHER BOARDS & COMMISSIONS ASSIGNED Name of Board or Commission: Downtown Review Board; Development Advisory Commission; Planning Commission Date: 06/27/19; 07/1/19; 7/8/19 Action: Downtown Review Board – 6-Aye, 1-No DAC – 3-Aye, 1- No Planning Commission 6-Aye, 3-No Recommended approval of the UDC changes with no changes. ECONOMIC DEVELOPMENT PROJECT N/A LIST OF REFERENCE DOCUMENTS ATTACHED 1. Staff Report; Affidavit of Publication in The Examiner on June 22, 2019; UCD Text Amendment Application 2. Bill No. 4681 amending the Unified Development Code REVIEWED BY Requesting Director: Budget: Tom Cole N/A Legal: City Administrator: Jacqueline A. Sommer Eric Johnson Rev. 08/14/2018  PLANNING COMMISSION STAFF REPORT Meeting Date: July 8, 2019 Agenda Item: 2 Case File Number: UDCT-06-19-6984 Project Name: Medical Marijuana 2nd UDC Amendments Type of Application: UDC Text Amendment Request: UDC Text Amendments to adopt additional regulations for the zoning, land use, and development standards related to medical marijuana uses and facilities Applicant/Developer: City of Blue Springs/ City Staff Attachments: Proposed UDC Text Amendments Planning Commission: July 8, 2019 City Council: July 15, 2019 Planner: Mike Mallon, Assistant Director BACKGROUND INFORMATION/SUMMARY: The City adopted UDC Amendments for Medical Marijuana on May 20, 2019 and June 3, 2019, prior to the Department of Health and Senior Services (DHSS) releasing the final rules for medical marijuana operations in the State. As a result, the City needs to adopt additional amendments to the UDC to align with the final rules put forth by the DHSS. The Development Advisory Commission (DAC) reviewed the proposed amendments at its July 1, 2019 meeting, and recommended approval of the proposed amendments. The proposed UDC Amendments include: 1. Adding Medical Marijuana Transportation Facility as a land use and specifying which zoning districts it is permitted within. 2. Amending the zoning districts in which a Medical Marijuana Testing Facility is permitted. 3. Adopting Special Use Standards for Medical Marijuana Transportation Facilities, Medical Marijuana Warehouses, and amending previously adopted Special Use Standards for Medical Marijuana Uses. 4. Adopting a process through which relief, modifications or alternatives to the strict application of the regulations contained within the Special Use Standards Section of the UDC may be requested. Page 1 of 3  Project: UDC Text Amendment – 2nd Amendments Medical Marijuana Case: UDCT-06-18-6984 5. Further amending the Downtown Development Code related to Medical Marijuana Dispensaries and Medical Marijuana Testing Facilities. PREVIOUS ACTIONS/APPROVALS: • The City of Blue Springs adopted a Unified Development Code (UDC) in 1996 by passage of Ordinance No. 2738 on November 18, 1996. • An amended Unified Development Code was adopted on August 3, 2015, by passage of Ordinance No. 4558. • The Unified Development Code has been further amended since 2015 for maintenance purposes, as well as to respond to changing development patterns and keep up to date with current trends. • The City Council approved Ordinance No. 4826 on May 20, 2019 and Ordinance No. 4829 on June 3, 2019 to allow for Medical Marijuana land uses within the City and to adopt regulations for the zoning, land use, and development standards related to medical marijuana land uses and facilities. STAFF ANALYSIS Text amendments ensure that the generally applicable laws in this Development Code reflect the broad public interest and long-range planning goals of the community, as reflected in the Comprehensive Plan. The City may determine that it is necessary from time to time to revise and update this Development Code to implement the Comprehensive Plan. Section 403.020 of the UDC states a Text Amendment shall be reviewed according to the following criteria: Review Criteria. All review bodies shall use the following criteria for review, recommendations and decisions on text amendments: 1. Whether the change is in accordance with the Comprehensive Plan, Design and Construction Manual, or any official plans or programs developed under the guidance of the Comprehensive Plan; Staff Response: The proposed UDC Amendment to provide regulations for Medical Marijuana is in accordance with the Comprehensive Plan components to provide for adequate development and zoning regulations to guide future growth of the City. 2. Whether such change is consistent with the purposes of this Development Code, and the intent or objectives of any Chapter or Subsection containing the change; Staff Response: The change is consistent with the purpose of the Development Code to provide for appropriate regulations for the building and use of property in the City and to promote the public safety, health and general welfare of residents and visitors to the City. 3. The areas that are most likely to be directly affected by the amendment and in what way they will be affected; Staff Response: Medical Marijuana facilities will likely be present throughout the City of Blue Springs, and the effect of these proposed amendments is to establish the appropriate zoning and adopt development regulations for these types of facilities to ensure they are developed in a manner that is beneficial to the City. Page 2 of 3  Project: UDC Text Amendment – 2nd Amendments Medical Marijuana Case: UDCT-06-18-6984 4. Whether the proposed amendment is made necessary because of changed or changing social values, new planning concepts or other social or economic conditions in the areas and zoning districts affected; and Staff Response: The proposed amendments are necessary as a result of the amendment to the Missouri Constitution that allows medical marijuana in the State. These specific amendments are necessary to align the City’s UDC with the DHSS Final Rules on Medical Marijuana, as well as the desire to allow for more opportunities economically for medical marijuana in the downtown area of the City. 5. The recommendations of professional staff. Staff Response: Staff recommends approval of the 2nd set of UDC Text Amendments related to Medical Marijuana. Page 3 of 3  Section 1. Section 405.030-1 Land Use Table shall be amended as follows: Table 405.030-1: Use Table Key: Residential Zoning Districts Non-Residential Zoning Districts = Permitted use / general standards = Limited use / specific standards or planned districts = Conditional use / discretionary review RE SF-12 SF-7 TF MF-10 MF-14 MF-18 N-L N-O NB SO GB RC HI PLOS LI Uses Industrial Medical Marijuana    Transportation Facility Medical Marijuana Testing     Facility Section 3. That Section 411.030, Use Groups and Descriptions of Uses, shall be amended such that the following definitions are added to Subsection 411.030.H, Industrial Use Group. MEDICAL MARIJUANA TRANSPORTATION FACILITY – A facility certified by the Missouri Department of Health and Senior Services to transport marijuana to a qualifying patient, a primary caregiver, a medical marijuana cultivation facility, a medical marijuana-infused products manufacturing facility, a medical marijuana dispensary facility, a medical marijuana testing facility, or another medical marijuana transportation facility. Section 4. That Section 405.050, Special Use Standards, shall be amended such that Subsection 405.050.A be amended and read as follows: A. The special use standards of this Section shall apply to permitted, conditional and accessory uses, as noted. Exceptions to these standards may only be considered for approval through the Conditional Use Permit process under Section 403.060 , if the city, at its' sole discretion, determines that sufficient evidence exists demonstrating that the exceptions to the standards are warranted due to unique physical or operational aspects of the use, and that strict application of these Special Use Standards is inappropriate or impractical for a certain use in a specific situation and would create unforeseen practical  difficulties for the property owner, and there will be no ill effects detrimental to the public health, safety, welfare, or public interest. Section 5. That Section 405.050, Special Use Standards, shall be amended such that Subsection 405.050.A.38, Medical Marijuana Uses, be amended and new Subsections 405.050.A.39, Medical Marijuana Transportation Facility and 405.050.A.40 Medical Marijuana Warehouses shall be added and shall read as follows: Section 405.050.A.38 Medical Marijuana Uses. Medical Marijuana Uses, not including Transportation Facilities, Dispensary, Testing Facilities, Marijuana-infused products manufacturing, and Cultivation testing facilities, shall be subject to the following standards and requirements. No building shall be constructed, altered, or used for a Medical Marijuana Use without complying with the following regulations. a. All Medical Marijuana Uses shall comply with Section 407.050 Operation and Performance. b. Buffer Requirement. No Medical Marijuana business shall be located within one thousand (1000) feet of an existing elementary or secondary school, licensed child day care center, or church. 1.In the case of a freestanding facility, the distance between the facility and the school, daycare, or church shall be measured from the external wall of the facility structure closest in proximity to the school, daycare, or church to the closest point of the property line of the school, daycare, or church. 2. In the case of a facility that is part of a larger structure, such as an office building or strip mall, the distance between the facility and the school, daycare, or church shall be measured from the property line of the school, daycare, or church to the facility’s entrance or exit closest in proximity to the school, daycare, or church. 3. Measurements shall be made along the shortest path between the demarcation points that can be traveled by foot. 4. For purposes of this section the term “church” shall be defined as is defined under 19 CSR 30-95.010 Definitions. c. Outdoor Operations or Storage Prohibited. All operations and all storage of materials, products, or equipment shall be within a fully enclosed building. No outdoor operations or storage shall be permitted. d. Onsite Usage Prohibited. No marijuana may be smoked, ingested, or otherwise consumed on the premises of a medical marijuana business. e. Hours of Operation. All medical marijuana businesses shall be closed to the public, no persons not employed by the business shall be on the premises, and no sales or distribution of marijuana shall occur upon the premises or by delivery from the premises between the hours of 8:00P.M. and 8:00 A.M. f. Display of Licenses Required. The medical marijuana license issued by the State of Missouri shall be displayed in an open and conspicuous place on the premises. g. Residential Dwelling Units Prohibited. No medical marijuana business shall be located in a building that contains a residence. h. Ventilation Required. All medical marijuana businesses shall install and operate a ventilation system that will prevent any odor of marijuana from 2  leaving the premises of the business. No odors shall be detectable by a person with a normal sense of smell outside the boundary of the parcel on which the facility is located. i. Site Plan Review Required. A site plan meeting the requirements of this Title shall be submitted for review and approval subject to the procedures of Section 403.070. Site Plan and Design Review. The site plan shall include a description of the ventilation system to be used to contain odors within the building. j. All facilities shall comply with Video Surveillance requirements Section 610.300 or as otherwise determined by the State regulations. k. Architecture. Any new development, building addition or exterior renovation for a medical marijuana use or facilities shall comply with Section 407.090. Non- Residential Design Standards. Exterior building facades shall be designed with high-quality materials to be complementary with the characteristics of the surrounding area in a way that contributes to the establishment of a positive character for the area. Strategies to achieve this include, but are not limited to, using similar or better-quality and complementary materials, colors or design details and using similar or complementary building shapes and/or forms. Section 405.050.A.39 Medical Marijuana Transportation Facility. Medical Marijuana Transportation Facilities shall be subject to the following standards and requirements. No building shall be constructed, altered, or used for a Medical Marijuana Use without complying with the following regulations. a. All Medical Marijuana Uses shall comply with Section 407.050 Operation and Performance. b. Buffer Requirement. No Medical Marijuana business shall be located within one thousand (1000) feet of an existing elementary or secondary school, licensed child day care center, or church. 1.In the case of a freestanding facility, the distance between the facility and the school, daycare, or church shall be measured from the external wall of the facility structure closest in proximity to the school, daycare, or church to the closest point of the property line of the school, daycare, or church. 2. In the case of a facility that is part of a larger structure, such as an office building or strip mall, the distance between the facility and the school, daycare, or church shall be measured from the property line of the school, daycare, or church to the facility’s entrance or exit closest in proximity to the school, daycare, or church. 3. Measurements shall be made along the shortest path between the demarcation points that can be traveled by foot.4. For purposes of this section the term “church” shall be defined as is defined under 19 CSR 30- 95.010 Definitions. c. Outdoor Operations or Storage Prohibited. All operations and all storage of materials, products, or equipment shall be within a fully enclosed building. No outdoor operations or storage shall be permitted. d. Onsite Usage Prohibited. No marijuana may be smoked, ingested, or otherwise consumed on the premises of a medical marijuana business. e. Hours of Operation. All medical marijuana businesses shall be closed to the public, no persons not employed by the business shall be on the premises, and 3  no sales or distribution of marijuana shall occur upon the premises or by delivery from the premises between the hours of 8:00 P.M. and 8:00 A.M. f. Display of Licenses Required. The medical marijuana license issued by the State of Missouri shall be displayed in an open and conspicuous place on the premises. g. Residential Dwelling Units Prohibited. No medical marijuana business shall be located in a building that contains a residence. h. Ventilation Required. All medical marijuana businesses shall install and operate a ventilation system that will prevent any odor of marijuana from leaving the premises of the business. No odors shall be detectable by a person with a normal sense of smell outside the boundary of the parcel on which the facility is located. i. Site Plan Review Required. A site plan meeting the requirements of this Title shall be submitted for review and approval subject to the procedures of Section 403.070. Site Plan and Design Review. The site plan shall include a description of the ventilation system to be used to contain odors within the building. j. All facilities shall comply with Video Surveillance requirements Section 610.300 or as otherwise determined by the State regulations. k. Architecture. Any new development, building addition or exterior renovation for a medical marijuana use or facilities shall comply with Section 407.090. Non-Residential Design Standards. Exterior building facades shall be designed with high-quality materials to be complementary with the characteristics of the surrounding area in a way that contributes to the establishment of a positive character for the area. Strategies to achieve this include, but are not limited to, using similar or better-quality and complementary materials, colors or design details and using similar or complementary building shapes and/or forms. Section 405.050.A.40 Medical Marijuana Warehouses. Medical Marijuana Warehouses as described under 19 CSR 30-195.040 shall be subject to the same standards as the associated Medical Marijuana Use listed in Section 405.050.A. All warehouses associated with Medical Marijuana Uses are subject to the zoning requirements as listed in the Table 405.030-1 Use Table and permitted only in Storage - residential warehouse and Storage - warehouse/wholesale uses. Section 6. That Section 404.240.E Downtown Development Code shall be amended as follows: 404.240. Downtown Development Code D. Performance Standards. The intent of the DDC is to allow for a mixture of uses, often adjacent to or very close to each other. Issues of noise, trash and operational hours are to be closely coordinated. Specific standards include: 1. Businesses providing drive-up services shall not have a drive-through lane or window that abuts or faces a public street. 2. Outdoor eating areas for bars, taverns or restaurants are allowed on the public sidewalk in zones T4 and T5 where the paved sidewalk is a minimum of ten (10) feet 4  wide and the location is approved by the Director of Public Works. A minimum clear sidewalk width meeting ADA requirements shall be provided and maintained in an unobstructed condition. 3. Medical Marijuana a. Buffer Requirement. Medical Marijuana Dispensary and Testing Facility uses are exempt from the buffer requirements, as listed in 405.050.A.34 and 36, to an existing elementary or secondary school, licensed child day care center, or church. b. Medical Marijuana Dispensary and Testing Facility Uses may be located within a building that contains a residence as permitted in mixed-use buildings and live/work units. E. Permitted Uses And Uses Allowed By Conditional Use. Within the area covered by the DDC, a wide variety of uses and structures, from residential to commercial, are allowed or allowed by conditional use. All conditional uses and structures must be approved by the Downtown Review Board. Structures shall be regulated by T-zone. 1. Uses permitted in mixed-use and commercial building types. kk. Medical Marijuana Testing Facility 5  BILL NO. 4681 Introduced by Councilmember ____________ ORDINANCE NO. ________ AN ORDINANCE AMENDING VARIOUS SECTIONS AND SUBSECTIONS OF TITLE IV, CHAPTERS 401-411, UNIFIED DEVELOPMENT CODE, OF THE CODE OF ORDINANCES, CITY OF BLUE SPRINGS, MISSOURI TO ADOPT ADDITIONAL REGULATIONS FOR THE ZONING, LAND USE, AND DEVELOPMENT STANDARDS RELATED TO MEDICAL MARIJUANA USES AND FACILITIES WHEREAS, the City of Blue Springs adopted a Unified Development Code (UDC) in 1996 by passage of Ordinance No. 2738 on November 18, 1996, and readopted an amended Unified Development Code on August 3, 2015, by passage of Ordinance No. 4558; which has been further amended for maintenance purposes, as well as to respond to changing development patterns and keep up to date with current trends; and WHEREAS, City staff is committed to bringing forward amendments to the UDC as needed; and WHEREAS, on November 6, 2018 the voters of the State of Missouri approved Article XIV of the Constitution of the State of Missouri (“Amendment 2”), an Amendment which legalizes medical marijuana within the State; and WHEREAS, Amendment 2 took effect on December 6, 2018; and WHEREAS, the City Council is elected to promote the community’s health, safety, and welfare, which duty includes proper planning and ordinances designed to provide for a coordinated development of the City and the reduction of conflicting use to promote the general welfare; and, WHEREAS, the Council recognizes that there are impacts to the community from the sale, cultivation, testing, and distribution of medical marijuana; and WHEREAS, the Council passed UDC amendments through Ordinance No. 4826 on May 20, 2019 and Ordinance No. 4829 on June 3, 2019 to adopt the initial regulation for the zoning, land use, and development standards related to medical marijuana uses and facilities; and WHEREAS, the Missouri Department of Health and Senior Services (DHSS) is tasked with implementing and enforcing rules required to carry out the mandates of Amendment 2 and issued the final rules for the implementation of medical marijuana, and it subsequently published those as Emergency Rules on July 1, 2019; and WHEREAS, additional UDC amendments are necessary to update the City’s requirements as a result of the Emergency Rules published by the DHSS; and WHEREAS, the Downtown Review Board and Development Advisory Commission recommend the approval of amendments to the Unified Development Code; and WHEREAS, the Planning Commission held a public hearing and, after discussion, recommends to the City Council the language set forth below; and  WHEREAS, after due notice, public hearings were held before the Planning Commission at its July 8, 2019, meeting and before City Council at its July 15, 2019 meeting; and NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF BLUE SPRINGS, MISSOURI, as follows: NOTE: LANGUAGE TO BE ADDED IS UNDERLINED. LANGUAGE TO BE DELETED IS SHOWN AS STRICKEN. Sections and Subsections not set out herein are not amended or changed. Section 1. Section 405.030-1 Land Use Table shall be amended as follows: Table 405.030-1: Use Table Key: Residential Zoning Districts Non-Residential Zoning  = Permitted use/general Districts standards  = Limited use/specific standards or planned districts  = Conditional use/ SF-12 MF-10 MF-14 MF-18 PLOS discretionary review RE SF-7 TF N-L N-O NB SO GB RC LI HI Uses Industrial Medical Marijuana Transportation Facility    Medical Marijuana Testing Facility     Section 2. That Section 411.030, Use Groups and Descriptions of Uses, shall be amended such that the following definitions are added to Subsection 411.030.H, Industrial Use Group. MEDICAL MARIJUANA TRANSPORTATION FACILITY – A facility certified by the Missouri Department of Health and Senior Services to transport marijuana to a qualifying patient, a primary caregiver, a medical marijuana cultivation facility, a medical marijuana-infused products manufacturing facility, a medical marijuana dispensary facility, a medical marijuana testing facility, or another medical marijuana transportation facility. Section 3. That Section 405.050, Special Use Standards, shall be amended such that Subsection 405.050.A be amended and read as follows: A. The special use standards of this Section shall apply to permitted, conditional and accessory uses, as noted. Exceptions to these standards may only be considered for approval through the Conditional Use Permit process under Section 403.060, if the city, 2  at its' sole discretion, determines that sufficient evidence exists demonstrating that the exceptions to the standards are warranted due to unique physical or operational aspects of the use, and that strict application of these Special Use Standards is inappropriate or impractical for a certain use in a specific situation and would create unforeseen practical difficulties for the property owner, and there will be no ill effects detrimental to the public health, safety, welfare, or public interest. Section 4. That Section 405.050, Special Use Standards, shall be amended such that Subsection 405.050.A.38, Medical Marijuana Uses, be amended and new Subsections 405.050.A.39, Medical Marijuana Transportation Facility and 405.050.A.40 Medical Marijuana Warehouses shall be added and shall read as follows: Section 405.050.A.38 Medical Marijuana Uses. Medical Marijuana Uses, not including Transportation Facilities, Dispensary, Testing Facilities, Marijuana- infused products manufacturing, and Cultivation testing facilities, shall be subject to the following standards and requirements. No building shall be constructed, altered, or used for a Medical Marijuana Use without complying with the following regulations. a. All Medical Marijuana Uses shall comply with Section 407.050 Operation and Performance. b. Buffer Requirement. No Medical Marijuana business shall be located within one thousand (1000) feet of an existing elementary or secondary school, licensed child day care center, or church. 1.In the case of a freestanding facility, the distance between the facility and the school, daycare, or church shall be measured from the external wall of the facility structure closest in proximity to the school, daycare, or church to the closest point of the property line of the school, daycare, or church. 2. In the case of a facility that is part of a larger structure, such as an office building or strip mall, the distance between the facility and the school, daycare, or church shall be measured from the property line of the school, daycare, or church to the facility’s entrance or exit closest in proximity to the school, daycare, or church. 3. Measurements shall be made along the shortest path between the demarcation points that can be traveled by foot. 4. For purposes of this section the term “church” shall be defined as is defined under 19 CSR 30-95.010 Definitions. c. Outdoor Operations or Storage Prohibited. All operations and all storage of materials, products, or equipment shall be within a fully enclosed building. No outdoor operations or storage shall be permitted. d. Onsite Usage Prohibited. No marijuana may be smoked, ingested, or otherwise consumed on the premises of a medical marijuana business. e. Hours of Operation. All medical marijuana businesses shall be closed to the public, no persons not employed by the business shall be on the premises, and no sales or distribution of marijuana shall occur upon the premises or by delivery from the premises between the hours of 8:00 P.M. and 8:00 A.M. 3  f. Display of Licenses Required. The medical marijuana license issued by the State of Missouri shall be displayed in an open and conspicuous place on the premises. g. Residential Dwelling Units Prohibited. No medical marijuana business shall be located in a building that contains a residence. h. Ventilation Required. All medical marijuana businesses shall install and operate a ventilation system that will prevent any odor of marijuana from leaving the premises of the business. No odors shall be detectable by a person with a normal sense of smell outside the boundary of the parcel on which the facility is located. i. Site Plan Review Required. A site plan meeting the requirements of this Title shall be submitted for review and approval subject to the procedures of Section 403.070. Site Plan and Design Review. The site plan shall include a description of the ventilation system to be used to contain odors within the building. j. All facilities shall comply with Video Surveillance requirements Section 610.300 or as otherwise determined by the State regulations. k. Architecture. Any new development, building addition or exterior renovation for a medical marijuana use or facilities shall comply with Section 407.090. Non-Residential Design Standards. Exterior building facades shall be designed with high-quality materials to be complementary with the characteristics of the surrounding area in a way that contributes to the establishment of a positive character for the area. Strategies to achieve this include, but are not limited to, using similar or better-quality and complementary materials, colors or design details and using similar or complementary building shapes and/or forms. Section 405.050.A.39 Medical Marijuana Transportation Facility. Medical Marijuana Transportation Facilities shall be subject to the following standards and requirements. No building shall be constructed, altered, or used for a Medical Marijuana Use without complying with the following regulations. a. All Medical Marijuana Uses shall comply with Section 407.050 Operation and Performance. b. Buffer Requirement. No Medical Marijuana business shall be located within one thousand (1000) feet of an existing elementary or secondary school, licensed child day care center, or church. 1.In the case of a freestanding facility, the distance between the facility and the school, daycare, or church shall be measured from the external wall of the facility structure closest in proximity to the school, daycare, or church to the closest point of the property line of the school, daycare, or church. 2. In the case of a facility that is part of a larger structure, such as an office building or strip mall, the distance between the facility and the school, daycare, or church shall be measured from the property line of the school, daycare, or church to the facility’s entrance or exit closest in proximity to the school, daycare, or church. 3. Measurements shall be made along the shortest path between the demarcation points that can be traveled by foot. 4  4. For purposes of this section the term “church” shall be defined as is defined under 19 CSR 30-95.010 Definitions. c. Outdoor Operations or Storage Prohibited. All operations and all storage of materials, products, or equipment shall be within a fully enclosed building. No outdoor operations or storage shall be permitted. d. Onsite Usage Prohibited. No marijuana may be smoked, ingested, or otherwise consumed on the premises of a medical marijuana business. e. Hours of Operation. All medical marijuana businesses shall be closed to the public, no persons not employed by the business shall be on the premises, and no sales or distribution of marijuana shall occur upon the premises or by delivery from the premises between the hours of 8:00 P.M. and 8:00 A.M. f. Display of Licenses Required. The medical marijuana license issued by the State of Missouri shall be displayed in an open and conspicuous place on the premises. g. Residential Dwelling Units Prohibited. No medical marijuana business shall be located in a building that contains a residence. h. Ventilation Required. All medical marijuana businesses shall install and operate a ventilation system that will prevent any odor of marijuana from leaving the premises of the business. No odors shall be detectable by a person with a normal sense of smell outside the boundary of the parcel on which the facility is located. i. Site Plan Review Required. A site plan meeting the requirements of this Title shall be submitted for review and approval subject to the procedures of Section 403.070. Site Plan and Design Review. The site plan shall include a description of the ventilation system to be used to contain odors within the building. j. All facilities shall comply with Video Surveillance requirements Section 610.300 or as otherwise determined by the State regulations. k. Architecture. Any new development, building addition or exterior renovation for a medical marijuana use or facilities shall comply with Section 407.090. Non-Residential Design Standards. Exterior building facades shall be designed with high-quality materials to be complementary with the characteristics of the surrounding area in a way that contributes to the establishment of a positive character for the area. Strategies to achieve this include, but are not limited to, using similar or better-quality and complementary materials, colors or design details and using similar or complementary building shapes and/or forms. Section 405.050.A.40 Medical Marijuana Warehouses. Medical Marijuana Warehouses as described under 19 CSR 30-195.040 shall be subject to the same standards as the associated Medical Marijuana Use listed in Section 405.050.A. All warehouses associated with Medical Marijuana Uses are subject to the zoning requirements as listed in the Table 405.030-1 Use Table and permitted only in Storage - residential warehouse and Storage - warehouse/wholesale uses. Section 5. That Section 404.240.D & 404.240.E Downtown Development Code shall be amended as follows: 5  404.240. Downtown Development Code D. Performance Standards. The intent of the DDC is to allow for a mixture of uses, often adjacent to or very close to each other. Issues of noise, trash and operational hours are to be closely coordinated. Specific standards include: 1. Businesses providing drive-up services shall not have a drive-through lane or window that abuts or faces a public street. 2. Outdoor eating areas for bars, taverns or restaurants are allowed on the public sidewalk in zones T4 and T5 where the paved sidewalk is a minimum of ten (10) feet wide and the location is approved by the Director of Public Works. A minimum clear sidewalk width meeting ADA requirements shall be provided and maintained in an unobstructed condition. 3. Medical Marijuana a. Buffer Requirement. Medical Marijuana Dispensary and Testing Facility uses are exempt from the buffer requirements, as listed in 405.050.A.34 and 36, to an existing elementary or secondary school, licensed child day care center, or church. b. Medical Marijuana Dispensary and Testing Facility uses may be located within a building that contains a residence as permitted in mixed-use buildings and live/work units. E. Permitted Uses And Uses Allowed By Conditional Use. Within the area covered by the DDC, a wide variety of uses and structures, from residential to commercial, are allowed or allowed by conditional use. All conditional uses and structures must be approved by the Downtown Review Board. Structures shall be regulated by T-zone. 1. Uses permitted in mixed-use and commercial building types. kk. Medical Marijuana Testing Facility Section 6. Scrivener’s Errors. Typographical errors and other matters of a similar nature that do not affect the intent of this ordinance, as determined by the City Clerk and City Attorney, may be corrected with the endorsement of the City Administrator without the need to come before the City Council. Section 7. That this Ordinance shall be in full force and effect from and after its passage by the City Council and its approval by the Mayor of Blue Springs. 6  PASSED by the Council of the City of Blue Springs, Missouri, and approved by the Mayor of Blue Springs, this 15th day of July 2019. CITY OF BLUE SPRINGS _____________________________ Carson Ross, Mayor ATTEST: ____________________________ Sheryl Morgan, City Clerk 1st Reading: ________________ 2nd Reading: _______________ 7  Council Meeting Date: July 15, 2019 Agenda Item #: 7 Page 1 of 2 CITY OF BLUE SPRINGS CITY COUNCIL INFORMATION FORM DATE SUBMITTED: June 20, 2019 SUBMITTED BY: Chris Sandie DEPARTMENT: Public Works Ordinance Resolution Presentation Public Hearing Contract Discussion Economic Dev. Other ISSUE/REQUEST Passage of a Bill accepting an offsite easement from Donna J. Phillips for the installation of a water main at 308 SW 21st Street. The easement is for water only. BACKGROUND/JUSTIFICATION Obtaining this easement will allow the replacement of an existing 2-inch water main installed in the 1940s to be replaced in a more cost effective and efficient location. FINANCIAL IMPACT Grantor: Donna J. Phillips Amount of Request/ Contract: $500.00 Amount Budgeted: $500.00 Budget Year: FY 18-19 Funding Source/Account #: 430.33010.530100.000 Account Balance: $71,957.00 Date: 6/26/2019 PROJECT TIMELINE Estimated Start Date Estimated End Date July 15, 2019 Permanent STAFF RECOMMENDATION Staff recommends approval. OTHER BOARDS & COMMISSIONS ASSIGNED Name of Board or Commission: N/A ECONOMIC DEVELOPMENT PROJECT N/A LIST OF REFERENCE DOCUMENTS ATTACHED 1. Bill with Permanent Water Line Easement attached as Exhibit A Rev. 08/14/2018  Council Meeting Date: July 15, 2019 Agenda Item #: 7 Page 2 of 2 REVIEWED BY Requesting Director: Budget: Christopher G. Sandie Lori Turner Legal: City Administrator: Jacqueline A. Sommer Eric Johnson Rev. 08/14/2018  BILL NO. 4682 Introduced by Councilmember ____________ ORDINANCE NO. ________ AN ORDINANCE ACCEPTING THE CONVEYANCE OF A PERMANENT WATER LINE EASEMENT FROM DONNA J PHILLIPS FOR WATER MAIN RELOCATION AT 308 SW 21ST STREET WHEREAS, the City of Blue Springs is committed to providing adequate water supply to its customers; and WHEREAS, a new easement is required to allow the replacement of a 2-inch water main installed in the 1940s; and WHEREAS, utility easements are required to allow access and facilities to be located as long as it is in the proposed location; and WHEREAS, the Public Works Department recommends the acceptance of a permanent water line easement from Donna J Phillips for the replacement of a 2-inch water main. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF BLUE SPRINGS, MISSOURI, as follows: Section 1. The City Administrator has the authority and is hereby authorized to accept a Permanent water line easement from Donna J Phillips. A copy of the proposed permanent water line easement is attached as Exhibit “A” and is incorporated herein. Section 2. Scrivener’s Errors. Typographical errors and other matters of a similar nature that do not affect the intent of this ordinance, as determined by the City Clerk and City Attorney, may be corrected with the endorsement of the City Administrator without the need to come before the City Council. Section 3. City Staff is directed to perform all tasks necessary to implement said deeds. PASSED by the City Council of the City of Blue Springs, Missouri, and approved by the Mayor of Blue Springs, this 15th day of July 2019. CITY OF BLUE SPRINGS _____________________________ Carson Ross, Mayor ATTEST: ____________________________ Sheryl Morgan, City Clerk 1st Reading: ________________ 2nd Reading: _______________ Rev. 9/7/2018  Council Meeting Date: July 15, 2019 Agenda Item #: 8 Page 1 of 2 CITY OF BLUE SPRINGS CITY COUNCIL INFORMATION FORM DATE SUBMITTED: June 7, 2019 SUBMITTED BY: Chris Sandie DEPARTMENT: Engineering Ordinance Resolution Presentation Public Hearing Contract Discussion Economic Dev. Other ISSUE/REQUEST Passage of a Bill approving the conveyance of a permanent utility easement from The Southside Church of Christ of Blue Springs, Missouri. BACKGROUND/JUSTIFICATION This easement is needed to ensure the conveyance of the utility easement for The Southside Church of Christ of Blue Springs, Missouri. This was necessitated due to the property owner wanting to perform an Administrative Plat, expanding the property boundaries. This will keep the route and consistent parameters for the city and utility companies to place their facilities. Easements are needed to allow the placement of utilities and convey the ownership to the City. FINANCIAL IMPACT Property Owner: The Southside Church of Christ of Blue Springs, Missouri Amount of Request/ Contract: $1 Amount Budgeted: $1 Budget Year: FY 2018-19 Funding Source/Account #: 100.30000.530225.000 Account Balance: $819.50 Date: 6/25/2019 PROJECT TIMELINE Estimated Start Date Estimated End Date July 15, 2019 N/A STAFF RECOMMENDATION Staff recommends approval. OTHER BOARDS & COMMISSIONS ASSIGNED Name of Board or Commission: N/A ECONOMIC DEVELOPMENT PROJECT N.A LIST OF REFERENCE DOCUMENTS ATTACHED 1. Bill approving the conveyance of a permanent utility easement Rev. 08/14/2018  Council Meeting Date: July 15, 2019 Agenda Item #: 8 Page 2 of 2 REVIEWED BY Requesting Director: Budget: Chris Sandie Lori Turner Legal: City Administrator: Jacqueline A. Sommer Eric Johnson SUPPORTING DOCUMENTS: (FOR CONTRACT ITEMS ONLY) Document Attached If not attached, explain Secretary of State: Certificate of Insurance: N/A E-Verify Affidavits: N/A E-Verify proof of enrollment: N/A Bond: N/A Wage Order, by reference N/A IRS Form W-9: N/A Bid/RFP/RFQ: (submit all) N/A Bid/RFP/RFQ Tabulation: N/A Bid Waiver: (less than three bids) N/A Contractor address and email: Southside Church of Christ 4000 SW Christiansen Drive Blue Springs, MO 64014 southsidechurchinfo@gmail.com Project Exemption Certificate needed: N/A Other: N/A Rev. 08/14/2018  BILL NO. 4683 Introduced by Councilmember ____________ ORDINANCE NO. ________ AN ORDINANCE APPROVING THE CONVEYANCE OF A PERMANENT UTILITY EASEMENT FROM THE SOUTHSIDE CHURCH OF CHRIST OF BLUE SPRINGS, MISSOURI WHEREAS, the City of Blue Springs is committed to ensure the utility corridor for The Southside Church of Christ of Blue Springs, Missouri; and WHEREAS, The Southside Church of Christ of Blue Springs, Missouri has agreed to provide a permanent utility easement for the utilities; and WHEREAS, utility easements are required to allow access and facilities to be located for as long as it is in the proposed location; and WHEREAS, the Engineering Department recommends the acceptance of a permanent utility easement from and for The Southside Church of Christ of Blue Springs, Missouri. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF BLUE SPRINGS, MISSOURI, as follows: Section 1. The City Administrator has the authority and is hereby authorized to accept a permanent utility easement from The Southside Church of Christ of Blue Springs, Missouri. A copy of the proposed permanent utility easement is attached as Exhibit “A” and is incorporated therein. Section 2. Typographical errors and other matters of a similar nature that do not affect the intent of this ordinance, as determined by the City Clerk and City Attorney, may be corrected with the endorsement of the City Administrator without the need to come before the City Council. Section 3. City Staff is directed to perform all tasks necessary to implement said deeds. PASSED by the City Council of the City of Blue Springs, Missouri, and approved by the Mayor of Blue Springs, this 15th day of July 2019. CITY OF BLUE SPRINGS _____________________________ Carson Ross, Mayor ATTEST: ____________________________ Sheryl Morgan, City Clerk 1st Reading: ________________ 2nd Reading: _______________ Rev. 9/7/2018