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City Council Agendas

Regular Meeting

Blue Springs, MO · August 19, 2019

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Minutes

CITY OF BLUE SPRINGS, MISSOURI MINUTES OF COUNCIL MEETING AUGUST 19, 2019 A meeting of the City Council of the City of Blue Springs, Missouri, was held on Monday, August 19, 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 August 5, 2019 City Council Meeting • Board appointment: Public Art Commission: New Appointment: Barbara Landes • Resolution No. 52-2019 authorizing the City Administrator to execute, on behalf of the City, for The Industrial Development Authority of the City of Blue Springs, Missouri, a Discharge and Termination of Land Use Restriction Agreement, an Issuer Redemption Certificate, and any other necessary documents, to be held in escrow until redemption of bonds issued for Autumn Place Apartments The Consent Agenda was approved with the following vote: Kaylor-Aye Ericson - Aye Lievsay -Aye Edmondson - Aye Fowler-Aye Culpepper - Aye Mayor Ross - Aye INTRODUCTION AND 1 ST Councilmember Fowler introduced Bill No. 4687 amending the 2018-19 READING - BILL NO. annual budget increasing the previously adopted and amended budget 4687 - AMENDMENT TO of $73,311,435.72 by $964,644.00 to $74,276,079.72. City Clerk Sheryl FY 2018-19 BUDGET Morgan made the first reading of Bill No. 4687 by title; copies of the proposed Bill having previously been made available to the public. Councilmember Fowler moved to approve Bill No. 4687 upon its first reading and proceed with the second reading. Motion seconded by Councilmember Lievsay and carried unanimously. August 19, 2019 City Council Minutes Page 2 2ND READING - BILL NO. Ms. Morgan made the second reading of Bill No. 4687 by title. 4687 Councilmember Fowler moved to adopt Bill No. 4687 upon its second reading and give it ORDINANCE NO. 4845, with a copy attached hereto and made a part of the minutes. Motion seconded by Councilmember Edmondson and carried with the following vote: Lievsay - Aye Edmondson - Aye Fowler-Aye Culpepper - Aye Ericson - Aye Kaylor-Aye Mayor Ross -Aye INTRODUCTION AND 1ST Councilmember Culpepper introduced Bill No. 4688 continuing the READING - BILL NO. procedure to disclose potential conflicts of interest and substantial 4688 - CONFLICT OF interests for certain municipal. City Clerk Sheryl Morgan made the first INTEREST PROCEDURE reading of Bill No. 4688 by title; copies of the proposed Bill having previously been made available to the public. Councilmember Fowler moved to approve Bill No. 4688 upon its first reading and proceed with the second reading. Motion seconded by Councilmember Lievsay and carried unanimously. 2ND READING - BILL NO. Ms. Morgan made the second reading of Bill No. 4688 by title. 4688 Councilmember Fowler moved to adopt Bill No. 4688 upon its second reading and give it ORDINANCE NO. 4846, with a copy attached hereto and made a part of the minutes. Motion seconded by Councilmember Kaylor and carried with the following vote: Fowler-Aye Culpepper - Aye Ericson - Aye Kaylor-Aye Edmondson - Aye Lievsay - Aye Mayor Ross - Aye INTRODUCTION AND 1ST Councilmember Culpepper introduced Bill No. 4689 amending various READING - BILL NO. sections of the Code of Ordinances, City of Blue Springs, Missouri that 4689-CODE deal with Housing, Public Policy to Eliminate Discrimination, Definitions AMENDMENT RELATING and Protected Classes, Complaints of Discrimination and Enforcement. TO FAIR HOUSING AND City Clerk Sheryl Morgan made the first reading of Bill No. 4689 by title; DISCRIMINATION copies of the proposed Bill having previously been made available to the public. Councilmember Fowler moved to approve Bill No. 4689 upon its first reading and proceed with the second reading. Motion seconded by Councilmember Ericson and carried unanimously. 2ND READING- BILL NO. Ms. Morgan made the second reading of Bill No. 4689 by title. 4689 Councilmember Fowler moved to adopt Bill No. 4689 upon its second reading and give it ORDINANCE NO. 4847, with a copy attached hereto and made a part of the minutes. Motion seconded by Councilmember Culpepper and carried with the following vote: August 19, 2019 City Council Minutes Page 3 Ericson - Aye Kaylor-Aye Edmondson - Aye Lievsay - Aye Culpepper - Aye Fowler-Aye Mayor Ross - Aye MAYORAL Mayor Ross presented City Administrator Eric Johnson with a 20-year ANNOUNCEMENTS service pin . Thoughts to Ponder: "Trust takes years to build, seconds to break, and forever to repair." (Author unknown) VISITORS Gavin Schaefer, Shelby Norman, and Ezekiel Butler addressed Council regarding the language included in the Fair Housing Ordinance. ADJOURNMENT At 6: 12 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

Agenda

CITY COUNCIL MEETING August 19, 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 August 5, 2019 City Council Meeting b. Approve Board and Commission appointment c. Resolution No. 52-2019 authorizing the execution of documents to be held in escrow until redemption of bonds issued for Autumn Place Apartments 4. Introduction and readings of Bill No. 4687 approving amendment to FY 2018-19 Budget 5. Introduction and readings of Bill No. 4688 continuing the procedure to disclose potential conflicts of interest 6. Introduction and readings of Bill No. 4689 amending various sections of the Code of Ordinances relating to Housing, Public Policy to Eliminate Discrimination 7. Mayoral Announcements Thoughts to Ponder 8. Visitors 9. Adjourn Miscellaneous Items Human Relations Commission Meeting - Tuesday, August 20, 6:30 PM – Journagan Family Community Room – Public Safety Building, 1100 SW Smith Economic Development Council – Wednesday, August 21, 8:00 AM – Training Room – City Hall, 903 W Main City Council Budget Work Session – Thursday, August 22, 6:00 PM – Training Room – City Hall, 903 W Main Residential Paper Shredding Event – Saturday, August 24, 9:00 AM to 12:00 PM – Municipal Annex Parking Lot, 1304 W Main Planning Commission Meeting – Monday, August 26, 6:30 PM – Council Chambers – Public Safety Building, 1100 SW Smith Public Safety Citizens Advisory Board Meeting - Tuesday, August 27, 6:00 PM – Journagan Family Community Room – Public Safety Building, 1100 SW Smith City Offices Closed – Labor Day – September 2 Park Commission – Tuesday, September 3, 6:00 PM - Administrative Conference Room – Blue Springs Fieldhouse, 425 NE Mock City Council Meeting – Wednesday, September 4, 6:00 PM – Council Chambers – Public Safety Building, 1100 SW Smith Planning Commission Meeting – Monday, September 9, 6:30 PM – Council Chambers – Public Safety Building, 1100 SW Smith Public Art Commission – Wednesday, September 11, 3:30 PM – Administration Conference Room – Blue Springs Fieldhouse, 425 NE Mock Board of Adjustment Meeting – Wednesday, September 11, 6:30 PM – Council Chambers – Public Safety Building, 1100 SW Smith Land Bank of Blue Springs Meeting – Monday, September 16, 3:00 PM – Administration Conference Room – City Hall, 903 W Main City Council Meeting – Monday, September 16, 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, August 15, 2019. Sheryl Morgan City Clerk TO: Mayor, City Council, Department Directors, and Press FROM: Eric Johnson City Administrator DATE: August 15, 2019 SUBJECT: Agenda Explanations Item 3b – Board/Commission Appointment 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. An appointment by the Mayor will be submitted to Council for approval. Refer to Council Information Form from City Clerk Sheryl Morgan for additional information. Item 3c – Autumn Place Apartments Adopt a Resolution authorizing the City Administrator to execute, on behalf of the City, for The Industrial Development Authority of the City of Blue Springs, Missouri, a Discharge and Termination of Land Use Restriction Agreement, an Issuer Redemption Certificate, and any other necessary documents, to be held in escrow until redemption of bonds issued for Autumn Place Apartments. Refer to Council Information Form from City Attorney Jacqueline Sommer for additional information. Item 4 – FY 2018-19 Budget Amendment Bill amending the 2018-19 annual budget increasing the previously adopted and amended budget of $73,311,435.72 by $964,644.00 to $74,276,079.72. Amendment Details: Public Safety Sales Tax Fund $ 51,927.00 Capital Projects Fund $ 399,217.00 TIF Capital Projects Funds $ 505,000.00 Golf Course Fund $ 8,500.00 Total Amendment $ 964,644.00 Refer to Council Information Form from Assistant City Administrator Christine Cates for additional information. Item 5 – Disclosure of Conflict of Interest Passage of a Bill continuing the procedure to disclose potential conflicts of interest and substantial interests for certain municipal officials - first established by Ordinance No. 2101, pursuant to RSMo. Sections 105.483 (11) and 105.485. Refer to Council Information Form from City Clerk Sheryl Morgan for additional information. August 15, 2019 Page 2 Item 6 – Code Amendment relating to Fair Housing Passage of a Bill amending various sections of the Code of Ordinances, City of Blue Springs, Missouri that deal with Housing, Public Policy to Eliminate Discrimination, Definitions and Protected Classes, Complaints of Discrimination and Enforcement in order to make these sections of the Municipal Code consistent and clearly outline how reported cases of discrimination are to be handled. Refer to Council Information Form from City Attorney Jacqueline Sommer for additional information. CITY OF BLUE SPRINGS, MISSOURI MINUTES OF COUNCIL MEETING AUGUST 5, 2019 A meeting of the City Council of the City of Blue Springs, Missouri, was held on Monday, August 5, 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 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 July 15, 2019 City Council Meeting • Resolution No. 50-2019 approving the disposition of Information Technology department records which have met the required retention period • Approve liquor license for parTyen, LLC dba Barley’s Pub located at 1204 NW 7 Highway Blue Springs, MO 64014, to sell retail intoxicating liquors by the drink for consumption on premises, Restaurant-Bar/Lounge Bar • Board appointment: Technical Review Committee: Reappointment: Peggy McCartan 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 – 2019- Mayor Ross opened the Public Hearing to receive public comment on 20 CDBG ANNUAL the 2019-2020 Community Development Block Grant (CDBG) Annual ACTION PLAN Action Plan at 6:01 p.m. The minutes of the public hearing were recorded by a certified court reporter. City Clerk Sheryl Morgan entered one exhibit into the record. STAFF REPORT Matt Wright, Senior Planner, outlined the details of the proposed CDBG Annual Action Plan. August 5, 2019 City Council Minutes Page 2 COUNCIL DISCUSSION Staff and Council discussed how unspent funds can be used in future years. IN SUPPORT OF Mary Anne Metheny of Hope House and Melodie Chrisman of Community Services League thanked Council for the previous CDBG funding and shared stories of how those funds have assisted their organizations. The Mayor hearing no comments for or against, closed the public hearing at 6:08 p.m. RES. 51-2019 – 2019-20 Councilmember Culpepper moved to approve Resolution No. 51-2019 CDBG ANNUAL ACTION approving the 2019-20 Community Development Block Grant Annual PLAN Action Plan. Motion seconded by Councilmember Kaylor and carried unanimously. PUBLIC HEARING – FY Mayor Ross opened the Public Hearing to receive public comment on 2019-20 THROUGH 2021- the Fiscal Year 2019-20 through 2021-22 Sewer Rates at 6:09 p.m. 22 SEWER RATES The minutes of the public hearing were recorded by a certified court reporter. City Clerk Sheryl Morgan entered one exhibit into the record. By a unanimous vote of the City Council at the July 15, 2019 meeting, this public hearing was continued to the August 5, 2019 Council meeting. STAFF REPORT Anna White, Principal Consultant with Black & Veatch, presented the findings of the Rate Study. A copy of the PowerPoint presentation is attached to these Minutes and incorporated herein. The Mayor hearing no comments for or against, closed the public hearing at 6:29 p.m. INTRODUCTION AND 1ST Councilmember Culpepper introduced Bill No. 4684 amending Section READING – BILL NO. 705.130 of the Code of Ordinances to set new sewer rates for the Fiscal 4684 – FY 2019-20 Years 2019-20, 2020-21, and 2021-22. City Clerk Sheryl Morgan made THROUGH 2021-22 the first reading of Bill No. 4684 by title; copies of the proposed Bill SEWER RATES having previously been made available to the public. Councilmember Fowler moved to approve Bill No. 4684 upon its first reading and proceed with the second reading. Motion seconded by Councilmember Culpepper and carried unanimously. 2ND READING – BILL NO. Ms. Morgan made the second reading of Bill No. 4684 by title. 4684 Councilmember Fowler moved to adopt Bill No. 4684 upon its second reading and give it ORDINANCE NO. 4842, with a copy attached hereto and made a part of the minutes. Motion seconded by Councilmember Edmondson and carried with the following vote: Lievsay – Aye Edmondson – Aye Fowler – Aye Culpepper – Aye Ericson – Aye Kaylor – Aye Mayor Ross – Aye August 5, 2019 City Council Minutes Page 3 INTRODUCTION AND 1ST Councilmember Culpepper introduced Bill No. 4685 amending Section READING – BILL NO. 705.010 of the Code of Ordinances to set new water rates for the Fiscal 4685 – FY 2019-20 Years 2019-20, 2020-21, and 2021-22. City Clerk Sheryl Morgan made THROUGH 2021-22 the first reading of Bill No. 4685 by title; copies of the proposed Bill WATER RATES having previously been made available to the public. Councilmember Fowler moved to approve Bill No. 4685 upon its first reading and proceed with the second reading. Motion seconded by Councilmember Culpepper and carried unanimously. 2ND READING – BILL NO. Ms. Morgan made the second reading of Bill No. 4685 by title. 4685 Councilmember Fowler moved to adopt Bill No. 4685 upon its second reading and give it ORDINANCE NO. 4843, with a copy attached hereto and made a part of the minutes. Motion seconded by Councilmember Ericson and carried with the following vote: Fowler – Aye Culpepper – Aye Ericson – Aye Kaylor – Aye Edmondson – Aye Lievsay – Aye Mayor Ross – Aye INTRODUCTION AND 1ST Councilmember Culpepper introduced Bill No. 4686 correcting a READING – BILL NO. scrivener’s error in Ordinance No. 4832 which approved a modified 4686 – CORRECT funding agreement with MODOT for sidewalks along State Route 7 by SCRIVENER’S ERROR IN adding the MODOT project number J4S3298 and to describe the ORD. NO. 4832 – MODOT agreement as a Municipal and Cost Apportionment Agreement. City FUNDING FOR SIDEWALKS Clerk Sheryl Morgan made the first reading of Bill No. 4686 by title; copies of the proposed Bill having previously been made available to the public. Councilmember Fowler moved to approve Bill No. 4686 upon its first reading and proceed with the second reading. Motion seconded by Councilmember Lievsay and carried unanimously. 2ND READING – BILL NO. Ms. Morgan made the second reading of Bill No. 4686 by title. 4686 Councilmember Fowler moved to adopt Bill No. 4686 upon its second reading and give it ORDINANCE NO. 4844, with a copy attached hereto and made a part of the minutes. Motion seconded by Councilmember Kaylor and carried with the following vote: Ericson – Aye Kaylor – Aye Edmondson – Aye Lievsay – Aye Culpepper – Aye Fowler – Aye Mayor Ross – Aye COUNCIL DISCUSSION – At the request of Councilmembers Culpepper and Ericson, Council TOBACCO 21 discussed the Tobacco 21 initiative. Documents referenced by Council during this discussion are attached to these Minutes and incorporated herein. At the conclusion of the discussion, Council directed staff to draft a Bill for consideration by Council at a future meeting to implement August 5, 2019 City Council Minutes Page 4 the Tobacco 21 initiative to change the legal age to purchase cigarettes and e-cigarettes to 21 years of age. MAYORAL Mayor Ross expressed his sympathy and anger for the loss of lives ANNOUNCEMENTS over the weekend. There were over 30 people killed and over 50 people hospitalized due to mass shootings in Texas and Ohio. Mayor Ross asked citizens to say a prayer for the victims of the shootings and their families. VISITORS Scott Casey, Brad Sears, Maite Salazar, Elizabeth Barnes, Ezekiel Butler, and Shelby Norman addressed Council regarding amendments relating to sexual orientation and gender identity in the City’s Fair Housing Ordinance. ADJOURNMENT At 7:39 p.m., there was no further business to come before the Council, Councilmember Culpepper moved the meeting be adjourned. Motion seconded by Councilmember Ericson and carried unanimously. CITY OF BLUE SPRINGS ATTEST: ___________________________________ Carson Ross, Mayor ______________________________ Sheryl Morgan, City Clerk Council Meeting Date: August 19, 2019 Agenda Item #: 3b Page 1 of 1 CITY OF BLUE SPRINGS CITY COUNCIL INFORMATION FORM DATE: August 5, 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. An appointment by the Mayor will be submitted to Council for approval. BACKGROUND/JUSTIFICATION The Mayor recommends reappointment for approval by Council as follows: Public Art Commission: New appointment: Barbara Landes FINANCIAL IMPACT Contractor: N/A PROJECT TIMELINE Estimated Start Date Estimated End Date N/A N/A 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: Acting City Administrator: Jacqueline A. Sommer Christine Cates Council Meeting Date: August 19, 2019 Agenda Item #: 3c Page 1 of 2 CITY OF BLUE SPRINGS CITY COUNCIL INFORMATION FORM DATE SUBMITTED: July 31, 2019 SUBMITTED BY: Jacqueline Sommer DEPARTMENT: Law Ordinance Resolution Presentation Public Hearing Contract Discussion Economic Dev. Other ISSUE/REQUEST Adopt a Resolution authorizing the City Administrator to execute, on behalf of the City, for The Industrial Development Authority of the City of Blue Springs, Missouri, a Discharge and Termination of Land Use Restriction Agreement, an Issuer Redemption Certificate, and any other necessary documents, to be held in escrow until redemption of bonds issued for Autumn Place Apartments. BACKGROUND/JUSTIFICATION The Industrial Development Authority of the City of Blue Springs, Missouri (“IDA”) was established in 1979 as a method authorized by Chapter 349 RSMo to promote commercial and industrial development in the City by issuing bonds to provide financing to developers. The IDA issued bonds in 1994 and 2004 for development of the Autumn Place Apartments. The IDA subsequently became inactive when other statutory financing alternatives became more commonly used by the City and developers. In 2015 the IDA was administratively dissolved by the Missouri Secretary of State. Under a provision of Chapter 349, Section 349.045, the City assumes all rights and properties of the dissolved IDA. The current owner of Autumn Place Apartments intends to sell the property and redeem the bonds. To facilitate the sale, the City needs to execute certain legal documents including a Discharge and Termination of Land Use Restriction Agreement and an Issuer Redemption Certificate. The signed documents will be held in escrow until the redemption, which is scheduled to occur on or about September 15, 2019. This Resolution will give the City Administrator authority to execute the documents, and any others that are necessary, on behalf of the City for the IDA, as successor in interest. FINANCIAL IMPACT Contractor: N/A PROJECT TIMELINE Estimated Start Date Estimated End Date August 19, 2019 N/A STAFF RECOMMENDATION Staff recommends approval. Rev. 08/14/2018 Council Meeting Date: August 19, 2019 Agenda Item #: 3c Page 2 of 2 OTHER BOARDS & COMMISSIONS ASSIGNED Name of Board or Commission: N/A ECONOMIC DEVELOPMENT PROJECT N/A LIST OF REFERENCE DOCUMENTS ATTACHED 1. Resolution with attachments Exhibits “A” and “B” REVIEWED BY Requesting Director: Budget: Jacqueline A. Sommer N/A Legal: Acting City Administrator: Jacqueline A. Sommer Christine Cates Rev. 08/14/2018 Resolution No. 52-2019 A RESOLUTION AUTHORIZING THE CITY ADMINISTRATOR TO EXECUTE DOCUMENTS RELATING TO AUTUMN PLACE APARTMENTS BOND REDEMPTION ON BEHALF OF THE INDUSTRIAL DEVELOPMENT AUTHORITY OF THE CITY OF BLUE SPRINGS, MISSOURI WHEREAS, the Industrial Development Authority of the City of Blue Springs, Missouri (“IDA”) was established in 1979 in accordance with Chapter 349 of the Revised Statutes of Missouri to promote commercial and industrial development in the City; and WHEREAS, in 1994 and 2004 the IDA issued Multifamily Housing Revenue Bonds to facilitate financing for Autumn Place Apartments; and WHEREAS, as other statutory financing alternatives were used by the City and developers, the IDA became inactive, and in 2015 the IDA was administratively dissolved by the Missouri Secretary of State; and WHEREAS, under Section 349.095 RSMo, upon dissolution of the IDA all rights and properties of the IDA passed to and vested in the City; and WHEREAS, the owner of Autumn Place Apartments intends to sell the property and fully redeem the bonds on about September 15, 2019; and WHEREAS, to facilitate the redemption of the bonds, certain documents must be executed by the City on behalf of the IDA. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BLUE SPRINGS, MISSOURI, as follows: Section 1: The City Administrator is authorized to execute the Discharge and Termination of Land Use Restriction Agreement and the Issuer Redemption Certificate, substantially in the forms attached hereto and incorporated herein as Exhibits A and B, with such changes as shall be approved by the City Administrator, and any other necessary documents, on behalf of the City as successor in interest thereto, to be held in escrow until full redemption of the Multifamily Housing Revenue Bonds issued by the Industrial Development Authority of the City of Blue Springs, Missouri. PASSED by the City Council of the City of Blue Springs, Missouri, and approved by the Mayor of Blue Springs, this 19th day of August 2019. CITY OF BLUE SPRINGS _________________________ Carson Ross, Mayor ATTEST: ________________________________ Sheryl Morgan, City Clerk Rev. 12/18/2017 Exhibit A Gilmore & Bell Draft August 5, 2019 Bond LURA Release [SPACE ABOVE FOR RECORDER'S USE ONLY] 1. Title of Document: Discharge and Termination of Land Use Restriction Agreement 2. Date of Document: As of September 15, 2019 3. Grantor(s) (for indexing purposes only): City of Blue Springs, Missouri (as successor in interest to The Industrial Development Authority of the City of Blue Springs, Missouri) UMB Bank, N.A., as Trustee 4. Grantee(s) (for indexing purposes only): Autumn Place Redevelopment Partners, L.P. 5. Statutory Mailing Address(es): Grantors: City of Blue Springs, Missouri 903 West Main Street Blue Springs, Missouri 64105 Attention: Tom Cole UMB Bank, N.A. 928 Grand Boulevard, 12th Floor Kansas City, Missouri 64106 Attention: Corporate Trust Department Grantee: Autumn Place Redevelopment Partners, L.P. 4240 Blue Ridge Boulevard, Suite 900 Kansas City, Missouri 64133 Attention: Patrick T. Hayes 6. Legal description: See Exhibit A annexed to the document 7. References to Book and Page(s): Instrument No. 2004I0073079 This cover page is attached solely for the purpose of complying with the requirements stated in §59.310.2 or §59.313.2 RSMo of the Missouri Recording Act. Upon recordation, return to: Weylin Watson Gilmore & Bell, P.C. 2405 Grand Boulevard, Suite 1100 Kansas City, MO 64108 DISCHARGE AND TERMINATION OF LAND USE RESTRICTION AGREEMENT This DISCHARGE AND TERMINATION OF LAND USE RESTRICTION AGREEMENT (this "Termination Agreement") is made as of September 15, 2019 (the "Effective Date"), by and among AUTUMN PLACE REDEVELOPMENT PARTNERS, L.P., a Missouri limited partnership (the "Owner"), having an address of 4240 Blue Ridge Boulevard, Suite 900, Kansas City, Missouri 64133, the CITY OF BLUE SPRINGS, MISSOURI (as successor in interest to The Industrial Development Authority of the City of Blue Springs, Missouri by operation of law pursuant to Missouri Revised Statutes Section 349.095) (the "Issuer"), having an address of 903 West Main Street, Blue Springs, Missouri 64105, and UMB BANK, N.A., a national banking association, as trustee (the "Trustee"), having an address of 928 Grand Boulevard, 12th Floor, Kansas City, Missouri 64106, Attention: Corporate Trust Department. WHEREAS, in connection with the issuance by the Issuer of its Multifamily Housing Revenue Bonds (Autumn Place Apartments Project) Series 2004 (the "Bonds"), the Issuer, the Trustee, and the Owner entered into a Land Use Restriction Agreement dated as of July 1, 2004 (the "Land Use Restriction Agreement"), recorded in the records of the Jackson County, Missouri Recorder of Deeds on July 30, 2004 as Instrument No. 2004I0073079, which Land Use Restriction Agreement established certain covenants and restrictions relating to the use of certain real property described in Exhibit A attached hereto (the "Project"); and WHEREAS, the effective term of the Land Use Restriction Agreement expires upon the redemption of the Bonds and the Issuer, the Owner and the Trustee have agreed to execute this Termination Agreement to formally discharge and terminate the Land Use Restriction Agreement of record; NOW THEREFORE, for good and valuable consideration, the Issuer, the Owner and the Trustee hereby as follows: Section 1. Representations of Borrower. The Owner hereby represents to the Trustee and the Issuer as follows: (a) As of the date hereof, there is no assistance being provided with respect to the Project under Section 8 of the United States Housing Act of 1937; and (b) The date on which at least 50% of the dwelling units in the Project were first occupied was on or before July 31, 2004. Section 2. Release. The Issuer, the Trustee and the Owner hereby terminate the Land Use Restriction Agreement and agree that said Land Use Restriction Agreement and the obligations and restrictions set forth therein are null and void and of no further force and effect as of the Effective Date. (signatures on the following pages) AUTUMN PLACE REDEVELOPMENT PARTNERS, L.P., a Missouri limited partnership By: AUTUMN PLACE ASSOCIATES, INC., a Missouri corporation, its General Partner By: Name: Patrick T. Hayes Title: President ACKNOWLEDGMENT STATE OF MISSOURI ) ) SS. COUNTY OF _______________ ) On this _____ day of ______________, 2019, before me personally appeared Patrick T. Hayes, to me personally known, who, being by me duly sworn, did say that he is the President of Autumn Place Associates, Inc., a Missouri corporation, the General Partner of Autumn Place Redevelopment Partners, L.P., a Missouri limited partnership, and that said instrument was signed and sealed in behalf of said corporation and said limited partnership, by authority of its beneficial owners, members and partners, respectively, and said individual acknowledged said instrument to be the free act and deed of said corporation and said limited partnership. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my notary seal the day and year last above written. Notary Public in and for said State Commission Expires: PLEASE AFFIX SEAL FIRMLY AND CLEARLY IN THIS BOX Discharge and Termination of Land Use Restriction Agreement S-1 CITY OF BLUE SPRINGS, MISSOURI (as successor in interest to The Industrial Development Authority of the City of Blue Springs, Missouri), as Issuer By: Name: Eric Johnson Title: City Administrator ACKNOWLEDGMENT STATE OF MISSOURI ) ) SS. COUNTY OF JACKSON ) On this _____ day of _______________, 2019, before me personally appeared Eric Johnson, to me personally known, who, being by me duly sworn, did say that he is the City Administrator of the City of Blue Springs, Missouri, and that said instrument was signed by Eric Johnson on behalf of said City pursuant to due authority vested in such person; and said individual acknowledged said instrument to be the free act and deed of said City. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my notary seal the day and year last above written. Notary Public in and for said State Commission Expires: PLEASE AFFIX SEAL FIRMLY AND CLEARLY IN THIS BOX Discharge and Termination of Land Use Restriction Agreement S-2 UMB BANK, N.A., as Trustee By: Name: _________________ Title: ___________________________ ACKNOWLEDGMENT STATE OF MISSOURI ) ) SS. COUNTY OF ___________ ) On this _____ day of _______________, 2019, before me appeared ___________________________, to me personally known, who, being by me duly sworn, did say that he/she is a ________________________ of UMB Bank, N.A., a national banking association, and that said instrument was signed on behalf of said national banking association by authority of its Board of Directors; and said individual acknowledged said instrument to be the free act and deed of said national banking association. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my notary seal the day and year last above written. Notary Public in and for said State Commission Expires: PLEASE AFFIX SEAL FIRMLY AND CLEARLY IN THIS BOX Discharge and Termination of Land Use Restriction Agreement S-3 EXHIBIT A LEGAL DESCRIPTION Parcel No. 35-540-01-25-0-0-00-000 A-1 Exhibit B ISSUER REDEMPTION CERTIFICATE City of Blue Springs, Missouri Multifamily Housing Revenue Bonds (Autumn Place Apartments Project) Series 2004 In connection with the redemption of the above-described bonds (the "Bonds"), issued by The Industrial Development Authority of the City of Blue Springs, Missouri (all rights and properties of which have since been vested in the City of Blue Springs, Missouri by operation of law pursuant to Missouri Revised Statutes Section 349.095) (the "Issuer") under the Trust Indenture dated as of July 1, 2004 (the "Indenture"), by and between the Issuer and UMB Bank, N.A., as trustee (the "Trustee"), the Issuer certifies that it has received payment in full for all amounts owed to it in respect of Reserved Rights (as defined in the Indenture). DATED: _____________ 15, 2019. CITY OF BLUE SPRINGS MISSOURI (as successor in interest to The Industrial Development Authority of the City of Blue Springs, Missouri) By: Name: Eric Johnson Title: City Administrator Council Meeting Date: August 19, 2019 Agenda Item #: 4 Page 1 of 2 CITY OF BLUE SPRINGS CITY COUNCIL INFORMATION FORM DATE: August 6, 2019 SUBMITTED BY: Christine Cates DEPARTMENT: Administration Ordinance Resolution Presentation Public Hearing Contract Discussion Rezoning Other ISSUE/REQUEST Bill amending the 2018-19 annual budget increasing the previously adopted and amended budget of $73,311,435.72 by $964,644.00 to $74,276,079.72. Amendment Details: Public Safety Sales Tax Fund $ 51,927.00 Capital Projects Fund $ 399,217.00 TIF Capital Projects Funds $ 505,000.00 Golf Course Fund $ 8,500.00 Total Amendment $ 964,644.00 BACKGROUND/JUSTIFICATION PUBLIC SAFETY SALES TAX FUND The expenditures in the Public Safety Sales Tax Fund will be increased by $51,927 for the completion of the Zuercher software project. This amount was included in the original budget for this project and was included in last year’s budget, but not spent. This amount does not increase the total project budget CAPITAL PROJECTS FUND The expenditures in the Capital Projects fund will be increased by $399,217 for ST-43 Highway 7 Sidewalk Infill and for repairs out of the street difference account. ST-43 Highway 7 Sidewalk Infill was included in last year’s budget, but the contracts were awarded during this fiscual year. TIF CAPITAL PROJECTS FUNDS The expenditures in the Capital Projects fund will be increased by $505,000 to account for additional expenditures made related to debt service and the repayment to developers when revenues exceed the adopted budget. TIF Project Amount Woods Chapel $ 55,000.00 Copperleaf Village $ 5,000.00 Highway 7 & 40 HWY – Project A $ 5,000.00 Highway 7 & 40 HWY – Project B $ 70,000.00 Adams Farm $ 370,000.00 TOTAL $ 505,000.00 Rev. 12/06/2016 Council Meeting Date: August 19, 2019 Agenda Item #: 4 Page 2 of 2 GOLF COURSE FUND The expenditures in the Golf Course fund will be increased by $8,500 to account for additional expenditures related to Golf Couse maintenance equipment leases approved by resolutions 0025-2019 & 0041-2019. FINANCIAL IMPACT Contractor: N/A Amount Budgeted: Amends the revised and amended FY 2018-19 budget and increases appropriations by $964,644.00 PROJECT TIMELINE Estimated Start Date Estimated End Date October 1, 2018 September 30, 2019 STAFF RECOMMENDATION Staff recommends approval. OTHER BOARDS & COMMISSIONS ASSIGNED Name of Board or Commission: N/A LIST OF REFERENCE DOCUMENTS ATTACHED 1. Bill amending budget with details attached as Exhibit “A” IF CONTRACT REQUIRED: E-Verify Affidavits Required? N/A Parent Company: Contract Executed? N/A REVIEWED BY Requesting Director: Budget: Christine Cates Christine Cates Legal: Acting City Administrator: Jacqueline A. Sommer Christine Cates Rev. 12/06/2016 BILL NO. 4687 Introduced by Councilmember _________ ORDINANCE NO._______ AN ORDINANCE AMENDING THE 2018-19 ANNUAL BUDGET OF THE CITY OF BLUE SPRINGS, MISSOURI BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BLUE SPRINGS, MISSOURI, as follows: SECTION 1. The Annual Budget of the City of Blue Springs, Missouri, for the fiscal year commencing October 1, 2018, and ending September 30, 2019, is hereby amended in the amounts and in the accounts as shown on the Council Information Form and Exhibit “A” to this Ordinance as follows. Revised Budget: $73,311,435.70 Amendment Details: Public Safety Sales Tax Fund $ 51,927.00 Capital Projects Fund $ 399,217.00 TIF Capital Projects Fund $ 505,000.00 Golf Course Fund $ 8,500.00 Total Amendment $ 964,644.00 Revised Budget: $74,276,079.72 SECTION 2. This ordinance shall be in full force and effect from and after its passage and approval. PASSED by the City Council of the City of Blue Springs, Missouri, and approved by the Mayor of Blue Springs, this 19th day of August 2019. CITY OF BLUE SPRINGS ________________________ Carson Ross, Mayor ATTEST: ______________________________ Sheryl Morgan, City Clerk 1st reading 2nd reading City of Blue Springs, Missouri Exhibit A - Budget Amendment Details 2018-19 Year-End Budget Amendment Public Safety Sales Tax Fund 155.77000.542100.500 PUBLIC SAFETY SOFTWARE PS-06 $ 51,927.00 155.00000.350000.000 FUND BALANCE $ 51,927.00 TOTAL PUBLIC SAFETY SALES TAX FUND $ 51,927.00 $ 51,927.00 Capital Projects Fund 310.72000.543110.741 ST-43 HIGHWAY SIDEWALK INFILL $ 355,822.00 310.00000.300407.000 ASSIGNED - SIDEWALK INFILL ST-43 $ 355,822.00 310.72000.543110.740 STREET DIFFERENCE $ 43,395.00 ASSIGNED STREET DIFFERENCE $ 43,395.00 310.00000.355000.000 FUND BALANCE TOTAL CAPITAL PROJECTS FUND $ 399,217.00 $ 399,217.00 TIF Capital Projects Funds 351.71500.530300.000 CERTIFIED DEVELOPER COSTS $ 27,500.00 351.71500.530301.000 CITY REIMBURSED PROJECT COSTS $ 27,500.00 351.00000.401100.000 PILOTS - REAL ESTATE $ 40,000.00 351.00000.425320.000 EATS - WOODS CHAPEL CID $ 15,000.00 TOTAL WOODS CHAPEL TIF FUND $ 55,000.00 $ 55,000.00 352.71500.530300.000 CERTIFIED DEVELOPER COSTS $ 5,000.00 352.00000.350000.000 FUND BALANCE $ 5,000.00 TOTAL COPPERLEAF VILLAGE TIF FUND $ 5,000.00 $ 5,000.00 353.71500.530300.000 CERTIFIED DEVELOPER COSTS $ 5,000.00 353.00000.350000.000 FUND BALANCE $ 5,000.00 TOTAL HIGHWAY 7 & 40 HWY - PROJECT B TIF FUND $ 5,000.00 $ 5,000.00 354.71500.550100.215 PRINCIPAL ON DEBT-2015A SO BONDS $ 270,000.00 354.71500.550200.215 INTEREST ON DEBT-2015A BONDS $ 100,000.00 354.00000.401100.000 PILOTS - REAL ESTATE $ 300,000.00 354.00000.402100.000 EATS - ADAMS FARM $ 70,000.00 TOTAL WOODS CHAPEL TIF FUND $ 370,000.00 $ 370,000.00 356.71500.530300.000 CERTIFIED DEVELOPER COSTS $ 70,000.00 356.00000.350000.000 FUND BALANCE $ 70,000.00 TOTAL HIGHWAY 7 & 40 HWY PROJECT A TIF FUND $ 70,000.00 $ 70,000.00 City of Blue Springs, Missouri Exhibit A - Budget Amendment Details 2018-19 Year-End Budget Amendment TOTAL TIF CAPITAL PROJECTS FUNDS $ 505,000.00 $ 505,000.00 Golf Course Fund 420.42000.53020X.000 EQUIPMENT LEASE $ 8,500.00 420.00000.350000.000 RETAINED EARNINGS $ - $ 8,500.00 TOTAL GOLF COURSE FUND $ 8,500.00 $ 8,500.00 TOTAL BUDGET AMENDMENT $ 964,644.00 $ 964,644.00 Revised Budget: $ 73,311,435.72 Revised Budget after Amendment: $ 74,276,079.72 Council Meeting Date: August 19, 2019 Agenda Item #: 5 Page 1 of 2 CITY OF BLUE SPRINGS CITY COUNCIL INFORMATION FORM DATE: August 2, 2019 SUBMITTED BY: Sheryl Morgan DEPARTMENT: Administration Ordinance Resolution Presentation Public Hearing Agreement Discussion Rezoning Other ISSUE/REQUEST Passage of a Bill continuing the procedure to disclose potential conflicts of interest and substantial interests for certain municipal officials - first established by Ordinance No. 2101, pursuant to RSMo. Sections 105.483 (11) and 105.485. BACKGROUND/JUSTIFICATION A political subdivision with an annual operating budget in excess of one million dollars must adopt an ordinance (biennially) at an open meeting by September 15, 2019, which establishes and makes public a method of disclosing potential conflicts of interest. The 2019 Bill clarifies that all candidates for elective office and elected officials must file the short-form disclosure statement annually. The Missouri Ethics Commission, after the ordinance is received, will request the City Clerk to provide names and contact information of individuals required to file a short-form disclosure statement. Candidates for office must file no later than 14 days after the close of election filing, and elected officials and staff must file no later than May 1. FINANCIAL IMPACT Contractor: N/A PROJECT TIMELINE Estimated Start Date Estimated End Date N/A N/A STAFF RECOMMENDATION Staff recommends approval OTHER BOARDS & COMMISSIONS ASSIGNED Name of Board or Commission: N/A LIST OF REFERENCE DOCUMENTS ATTACHED 1. Bill continuing procedure Council Meeting Date: August 19, 2019 Agenda Item #: 5 Page 2 of 2 IF CONTRACT REQUIRED: 1. E-Verify Affidavits Required? N/A Parent Company: REVIEWED BY Requesting Director: Budget: Sheryl Morgan N/A Legal: Acting City Administrator: Jacqueline A. Sommer Christine Cates BILL NO. 4688 Introduced by Councilmember ____________ ORDINANCE NO. _____ AN ORDINANCE OF THE CITY OF BLUE SPRINGS, MISSOURI, CONTINUING THE PROCEDURE TO DISCLOSE POTENTIAL CONFLICTS OF INTEREST AND SUBSTANTIAL INTERESTS FOR CERTAIN MUNICIPAL OFFICIALS FIRST ESTABLISHED BY ORDINANCE NO. 2101, PURSUANT TO SECTION 105.483(11), RSMo. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BLUE SPRINGS, MISSOURI, as follows: Section 1. Declaration of Policy. The proper operation of municipal government requires that public officials and employees be independent, impartial and responsible to the people; that government decisions and policy be made in the proper channels of the governmental structure; that public office not be used for personal gain; and that the public have confidence in the integrity of its government. In recognition of these goals, there is hereby established a procedure for disclosure by certain officials and employees of private financial or other interests in matters affecting the City. Section 2. Conflicts of Interest. The Mayor or any member of the City Council who has a substantial personal or private interest, as defined by state law, in any bill shall disclose on the records of the City Council the nature of his interest and shall disqualify himself from voting on any matters relating to this interest. Section 3. Disclosure Reports. Each elected official, candidate for elective office, the City Administrator, the chief purchasing officer and the general counsel (if employed full-time) shall disclose the following information if any such transactions were engaged in during the previous calendar year, by filing with the City and the Missouri Ethics Commission the short form Financial Disclosure Statement for Political Subdivisions: (a) For such person, and all persons within the first degree of consanguinity or affinity of such person, the date and the identities of the parties to each transaction with a total value in excess of five hundred dollars ($500.00), if any, that such person had with the political subdivision, other than compensation received as an employee or payment of any tax, fee or penalty due to the political subdivision, and other than transfers for no consideration to the political subdivision; and (b) The date and the identities of the parties to each transaction known to the person with a total value in excess of five hundred dollars ($500.00), if any, that any business entity in which such person had a substantial interest, had with the political subdivision, other than payment of any tax, fee or penalty due to the political subdivision or transactions involving payment for providing utility service to the political subdivision, and other than transfers for no consideration to the political subdivision. (c) The City Administrator and the chief purchasing officer also shall disclose by May 1 for the previous calendar year the following information: 1) The name and address of each of the employers of such person from whom income of one thousand dollars ($1,000.00) or more was received during the year covered by the statement; 2) The name and address of each solo proprietorship that he owned; the name, address and the general nature of the business conducted of each general partnership and joint venture in which he was a partner or participant; the name and address of each partner or co-participant for each partnership or joint venture unless such names and addresses are filed by the partnership or joint venture with the Secretary of State; the name, address and general nature of the business conducted of any closely held corporation or limited partnership in which the person owned ten percent (10%) or more of any class of the outstanding stock or limited partnership units; and the name of any publicly traded corporation or limited partnership that is listed on a regulated stock exchange or automated quotation system in which the person owned two percent (2%) or more of any class of outstanding stock, limited partnership units or other equity interests; 3) The name and address of each corporation for which such person served in the capacity of a director, officer or receiver. Section 4. Filing of Reports. The reports on the short form Financial Disclosure Statement for Political Subdivisions, a form prescribed by the Missouri Ethics Commission, shall be filed with the City Clerk and with the Missouri Ethics Commission at P.O. Box 1370, Jefferson City, Missouri 65102, (573) 751-2020. The reports shall be available for public inspection and copying during normal business hours. Section 5. When Filed. The financial interest statements shall be filed at the following times, but no person is required to file more than one financial interest statement in any calendar year: (a) Each person appointed to office shall file the statement within thirty (30) days of such appointment or employment; and (b) Every candidate required to file a personal financial disclosure statement shall file no later than fourteen days after the close of filing at which the candidate seeks election. The time period of this statement for new candidates shall cover the twelve months prior to the closing date of filing for candidacy, for incumbent candidates it shall cover from January 1 of the previous calendar year to the closing date for candidacy; and (c) Every other person required to file a financial interest statement shall file the statement annually not later than May 1st and the statement shall cover the calendar year ending the immediately preceding December 31; provided that any member of the City Council may supplement the financial interest statement to report additional interests acquired after December 31 of the covered year until the date of filing of the financial interest statement. Section 6. Filing of Ordinance. The City Clerk shall send a certified copy of this Ordinance to the Missouri Ethics Commission within ten (10) days of its adoption. Section 7. Effective Date. That this Ordinance shall be in full force and effect from and after passage and approval and shall remain in effect until amended or repealed by the City Council and shall be interpreted to continue the now applicable requirements first set forth in Ordinance No. 2101 and last continued by Ordinance No. 4756 on August 20, 2018. PASSED by the City Council of the City of Blue Springs, Missouri, and approved by the Mayor of Blue Springs, this 19th day of August, 2019. CITY OF BLUE SPRINGS _______________________________ ATTEST: Carson Ross, Mayor _______________________________ Sheryl Morgan, City Clerk 1st reading: 2nd reading: STATE OF MISSOURI ) )ss. COUNTY OF JACKSON ) I, Sheryl Morgan, City Clerk within and for the City of Blue Springs, Jackson County, Missouri, do hereby certify the foregoing copy constitutes a full, true and complete copy of Ordinance No. _____ adopted by the City Council on August 19, 2019. (SEAL) Sheryl Morgan, City Clerk Council Meeting Date: August 19, 2019 Agenda Item #: 6 Page 1 of 2 CITY OF BLUE SPRINGS CITY COUNCIL INFORMATION FORM DATE SUBMITTED: August 6, 2019 SUBMITTED BY: Eric Johnson DEPARTMENT: Administration Ordinance Resolution Presentation Public Hearing Contract Discussion Economic Dev. Other ISSUE/REQUEST Passage of a Bill amending various sections of the Code of Ordinances, City of Blue Springs, Missouri that deal with Housing, Public Policy to Eliminate Discrimination, Definitions and Protected Classes, Complaints of Discrimination and Enforcement in order to make these sections of the Municipal Code consistent and clearly outline how reported cases of discrimination are to be handled. BACKGROUND/JUSTIFICATION On June 26, 2019 the City Administrator received a written request from Courtney M. Yount McGinnis to amend Chapter 265 of the Blue Springs Code of Ordinances to include sexual orientation and gender identification as protected classes with regard to Fair Housing and Discrimination. Ms. Yount McGinnis is a member of the City’s Human Relations Commission (HRC) and her letter reflects with wishes of the entire Commission to have these changes made by the City Council. Staff has reviewed this request and believes it would be appropriate to make a few changes to several other areas of the Municipal Code in order to create consistency and efficiency when dealing with reported claims of discrimination. In February 2014, the City Council passed Ordinance NO. 4482 which established the Human Relations Commission. In 120.510.A, the Ordinance establishes several protected classes which are generally in agreement with the request of the HRC. Chapter 265 of the City’s Municipal Code (as it exists today) is not consistent with the language included in section 120.510.A. Staff recommends that these two areas of Code be amended so they will be consistent. Additionally, the Council passed Ordinance No. 2426 in February 1994, which established the Fair Housing Committee. The Committee, consisting of 5 members, was made up of the current members of the then sitting Board of Zoning Adjustment. Staff has conducted research and, as far as can be determined, this Committee has never been asked to review a reported claim of discrimination. Ordinance No. 2426 should be repealed. Whenever the City receives a reported claim of discrimination the reporting parties are referred to the appropriate State and/or Federal agencies with the knowledge, expertise, and processes in place to handle such claims. Additionally, reported claims may also be referred to the Jackson County Office of Ethics, Human Relations & Citizen Complaints. These entities have specialized skills, services and training that make them more adequately suited to handle housing discrimination cases than the Blue Springs Board of Zoning Adjustment. Rev. 08/14/2018 Council Meeting Date: August 19, 2019 Agenda Item #: 6 Page 2 of 2 Sections 265.060 creating the Fair Housing Committee and 265.070 providing for enforcement should be repealed so that County, State, and Federal entities can investigate and enforce remedies against discrimination violations. FINANCIAL IMPACT Contractor: N/A PROJECT TIMELINE Estimated Start Date Estimated End Date August 19, 2019 N/A STAFF RECOMMENDATION Staff recommends approval. OTHER BOARDS & COMMISSIONS ASSIGNED Name of Board or Commission: N/A LIST OF REFERENCE DOCUMENTS ATTACHED 1. Letter from Courtney M. Yount McGinnis 2. Ordinance No. 2426 3. Ordinance No. 4707 4. Bill amending various sections of the Blue Springs Code of Ordinances REVIEWED BY Requesting Director: Budget: Eric Johnson N/A Legal: Acting City Administrator: Jacqueline A. Sommer Christine Cates Rev. 08/14/2018 Proposed By Administration BILL No. 2600 Daffer 2426 Introduced by Alderman ORDINANCE NO. AN ORDINANCE APPOINTING THE MEMBERS OF THE FAIR HOUSING COMMITTEE WHEREAS, the City of Blue Springs, Missouri, by Ordinance Number 2115 created a Fair Housing Committee; and WHEREAS, that Ordinance provided that the Fair Housing Committee should consist of five members who shall be appointed by the Mayor of the City with the approval of the Board of Aldermen; and WHEREAS, the Mayor and Board of Aldermen desire that the Fair Housing Committee be made up of individuals who are familiar with service to their City and community. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF ALDERMEN OF THE CITY OF BLUE SPRINGS, MISSOURI, AS FOLLOWS: Section 1: The five members of the Fair Housing Committee shall be the current permanent members of the then sitting Board of Zoning Adjustment. Section 2: As permanent members of the Board of Zoning Adjustment are replaced with new permanent members, the new permanent members shall also become members of the Fair Housing Committee. As permanent members of the Board of Zoning Adjustment resign or are replaced, those replaced or resigning members shall no longer be members of the Fair Housing Committee. Section 3: The Chairman of the Board of Zoning Adjustment shall serve as Chairman of the Fair Housing Committee unless and until the Fair Housing Committee chooses another of its membership to so serve. Section 4: That this ordinance shall be in full force and effect from and after its passage and approval. PASSED by the Board of Aldermen of the City of Blue Springs, Missouri, and approved by the Mayor of Blue Springs, this 22nd day of February , 1994. Gregor*/0. Grounds, Mayor TEST: 4 1 -j 1st reading February 22, 1994 ity Clerk 2nd reading February 22, 1994 Proposed by Public Safety BILL NO. 4537 Introduced by Councilman Culpepper ORDINANCE NO. 4707 AN ORDINANCE AMENDING CHAPTER 265: FAIR HOUSING, SECTIONS 265.010, 265.030 AND 265.040 OF THE CODE OF ORDINANCES, CITY OF BLUE SPRINGS, MISSOURI, TO EXPAND THE CITY'S PUBLIC POLICY TO ELIMINATE DISCRIMINATION WHEREAS, Chapter 265 of the Code of Ordinances outlines fair housing public po licy, definitions, and enforcement in order to eliminate discrimination and protect the rights of those desiring to rent or purchase real property in the City; and WHEREAS, updating the Fair Housing Code will make it more inclusive and expand the ability to protect against discrimination. NOW THEREFORE BE IT ORDAINED BY THE CITY 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. That Section 265.010 of the Code of Ordinances, City of Blue Springs, Missouri, is hereby amended to read as follows: The City Council of the City of Blue Springs hereby declares it to be the public policy of the City to eliminate discrimination and safeguard the right of any person to sell, purchase, lease, rent or obtain real property without regard to race, SE*gender, color, national origin, ancestry, religion, religious affiliation, physical handicap ability and without regard to whether a famil y has children structure. This Chapter shall be deemed an exercise of the police powers of the City of Blue Springs, Missouri, for the protection of the public welfare, prosperity, health and peace of the people of Blue Springs, Missouri. Section 2. That Section 265.030 of the Code of Ordinances, City of Blue Springs, Missouri, is hereby amended to read as follows: A. It shall be a discriminatory practice and unlawful for any person to: 1. Refuse to sell or rent after the making of a bona fide offer, or to refuse to negotiate for the sale or rental of, or otherwise make unavailable or deny, a dwelling to any person because of race, Be* gender, color, religion , religious affil iation, national origin, ancestry, handicap physical ability or familial status fam ily structure of any person. 2. Discriminate against any person in the terms, conditions, or privileges of sale or rental of a dwelling, or in the provision of services or facilities in connection therewith, because of race, Be* gender, color, religion , religious affiliation, national origin, ancestry, handi cap physical ability or familial status family structure. 1 3. Make, print, or publish, or cause to be made, printed or published any notice, statement, or advertisement, with respect to the sale or rental of a dwelling that indicates any preference, limitation, or discrimination based on race, 5e* gender, color, religion, religious affiliation, national origin, ancestry, handicap physical ability or familial status family structure or an intention to make any such preference, limitation, or discrimination. 4. Represent to any person because of race, 5e* gender, color, religion, religious affiliation, national origin, ancestry, handicap physical ability or familial status family structure that any dwelling is not available for inspection, sale, or rental when such dwelling is in fact so available. 5. For profit, induce or attempt to induce any person to sell or rent any dwelling by representations regarding the entry or prospective entry into the neighborhood of a person or persons of a particular race, 5e* gender, color, religion, religious affiliation, national origin, ancestry, handicap physical ability or familial status family structure. 6. Discriminate in the sale or rental of housing because a family has children, except regarding certain types of buildings that are built for and house older persons, e.g. Section 202 housing. Section 3. That Section 265.040 of the Code of Ordinances, City of Blue Springs, Missouri, is hereby amended to read as follows: It shall be unlawful for any bank, building and loan association, insurance company or other corporation, association, firm or enterprise whose business consists in whole or part in the making of commercial real estate loans, to deny a loan to a person applying therefor for the purpose of purchasing, constructing , repairing, or maintaining a dwelling, or to discriminate against him/her in the fixing of the amount or conditions of such loan, because of the race, 5e* gender, color, religion, religious affiliation, national origin, ancestry, handicap physical ability or familial status family structure of such person or of any person associated with him/her in connection with such financing. Section 4. That this Ordinance shall be in full force and effect from and after its passage and approval. PASSED by the City Council of the City of Blue Springs, Missouri, and approved by the Mayor of Blue Springs, this 4th day of December, 2017. CITY OF BLUE SPRINGS Carson Ross , Mayor 1st reading : December 4, 2017 2nd reading : December 4, 2017 2 BILL NO. 4689 Introduced by Councilmember _______________ ORDINANCE NO._____ AN ORDINANCE AMENDING CHAPTER 12O: COMMISSIONS, BOARDS, AND COMMITTEES, SECTION 120.510 AND CHAPTER 265: FAIR HOUSING, SECTIONS 265.010, 265.030 AND 265.040 AND REPEALING SECTIONS 265.060 AND 265.070 OF THE CODE OF ORDINANCES, CITY OF BLUE SPRINGS, MISSOURI, AND REPEALING ORDINANCE NO. 2426, TO EXPAND THE CITY’S PUBLIC POLICY TO ELIMINATE DISCRIMINATION IN HOUSING WHEREAS, Section 120.510 of Article VIII of Chapter 120, Human Relations Commission of the Code of Ordinances sets out the policy of the City to secure equal opportunity for its citizens and to eliminate and prevent discrimination; and WHEREAS, Chapter 265 of the Code of Ordinances outlines fair housing public policy, definitions, and enforcement in order to eliminate discrimination and protect the rights of those desiring to rent or purchase real property in the City; and WHEREAS, the Council updated the Fair Housing Code by Ordinance No. 4707 on December 4, 2017; and WHEREAS, by further expanding the scope of protection against discrimination given in the policy and the Fair Housing Code, it will be more inclusive; and WHEREAS, Section 265.060 creates a Fair Housing Committee to investigate violations of Chapter 265 and Section 265.070 provides for enforcement of discriminatory practices; and WHEREAS, on February 22, 1994 the Board of Alderman, now the City Council, passed Ordinance No. 2426 which appointed the Board of Zoning Adjustment to make up the Fair Housing Committee; and WHEREAS, it is in the best interest of the City to direct housing discrimination complaints to State and Federal agencies with the resources and expertise to investigate and pursue legal recourse against violators; and WHEREAS, by repealing Sections 265.060 and 265.070, and Ordinance No. 2426, such complaints and violations can be handled more efficiently. NOW THEREFORE BE IT ORDAINED BY THE CITY 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. That Section 120.510.A of the Code of Ordinances, City of Blue Springs, Missouri, is hereby amended to read as follows: It is declared to be the public policy of the City to fulfill its responsibility in securing for all citizens equal opportunity in employment, public accommodations, public services 1 and housing and to continually strive to eliminate and prevent discrimination, including but not limited to segregation or separation, in these areas against individuals and groups for reasons, including, but not limited to, race, sex gender, sexual preference or orientation sexual orientation, gender identification, ethnicity, familial status family structure, disability physical ability, religion religious affiliation, age, color, language, national origin, veteran status or ancestry. Section 2. That Section 265.010 of the Code of Ordinances, City of Blue Springs, Missouri, is hereby amended to read as follows: The City Council of the City of Blue Springs hereby declares it to be the public policy of the City to eliminate discrimination and safeguard the right of any person to sell, purchase, lease, rent or obtain real property without regard to race, gender, color, national origin, ancestry, religious affiliation, physical ability, sexual orientation, gender identification, and without regard to family structure. This Chapter shall be deemed an exercise of the police powers of the City of Blue Springs, Missouri, for the protection of the public welfare, prosperity, health and peace of the people of Blue Springs, Missouri. Section 3. That Section 265.020 of the Code of Ordinances, City of Blue Springs, Missouri, is hereby amended to read as follows: Section 265.020 Definitions. For the purpose of this Chapter the following terms, phrases, words and their derivations shall have the meaning given herein unless the context otherwise indicates: AGGRIEVED PERSON Any person who is attempting to secure housing for himself/herself and/or his/her family in the City of Blue Springs, Missouri. DISCRIMINATION Any unfair treatment based on race, sex, color, religion, national origin, ancestry, handicap, or familial status race, gender, color, national origin, ancestry, religious affiliation, physical ability, sexual orientation, gender identification, or family structure as it relates to housing. PERSON Shall include any individual, firm, partnership or corporation. Section 4. That Section 265.030 of the Code of Ordinances, City of Blue Springs, Missouri, is hereby amended to read as follows: A. It shall be a discriminatory practice and unlawful for any person to: 1. Refuse to sell or rent after the making of a bona fide offer, or to refuse to negotiate for the sale or rental of, or otherwise make unavailable or deny, a dwelling to any person because of race, gender, color, religious affiliation, national origin, ancestry, physical ability, sexual orientation, gender identification, or family structure of any person. 2 2. Discriminate against any person in the terms, conditions, or privileges of sale or rental of a dwelling, or in the provision of services or facilities in connection therewith, because of race, gender, color, religious affiliation, national origin, ancestry, physical ability, sexual orientation, gender identification, or family structure. 3. Make, print, or publish, or cause to be made, printed or published any notice, statement, or advertisement, with respect to the sale or rental of a dwelling that indicates any preference, limitation, or discrimination based on race, gender, color, religious affiliation, national origin, ancestry, physical ability, sexual orientation, gender identification, or family structure or an intention to make any such preference, limitation, or discrimination. 4. Represent to any person because of race, gender, color, religious affiliation, national origin, ancestry, physical ability, sexual orientation, gender identification, or family structure that any dwelling is not available for inspection, sale, or rental when such dwelling is in fact so available. 5. For profit, induce or attempt to induce any person to sell or rent any dwelling by representations regarding the entry or prospective entry into the neighborhood of a person or persons of a particular race, gender, color, religious affiliation, national origin, ancestry, physical ability, sexual orientation, gender identification, or family structure. 6. Discriminate in the sale or rental of housing because a family has children, except regarding certain types of buildings that are built for and house older persons, e.g. Section 202 housing. Section 5. That Section 265.040 of the Code of Ordinances, City of Blue Springs, Missouri, is hereby amended to read as follows: It shall be unlawful for any bank, building and loan association, insurance company or other corporation, association, firm or enterprise whose business consists in whole or part in the making of commercial real estate loans, to deny a loan to a person applying therefor for the purpose of purchasing, constructing, repairing, or maintaining a dwelling, or to discriminate against him/her in the fixing of the amount or conditions of such loan, because of the race, gender, color, religious affiliation, national origin, ancestry, physical ability, sexual orientation, gender identification, or family structure of such person or of any person associated with them in connection with such financing. Section 6. That Section 265.060 of the Code of Ordinances, City of Blue Springs, Missouri, is hereby repealed. Section 7. That Section 265.070 of the Code of Ordinances, City of Blue Springs, Missouri, is hereby repealed. Section 8. That Ordinance No. 2624, passed on February 22, 1994, is hereby repealed. 3 Section 9. 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 10. That this Ordinance shall be in full force and effect from and after its passage and approval. PASSED by the City Council of the City of Blue Springs, Missouri, and approved by the Mayor of Blue Springs, this 19th day of August, 2019. CITY OF BLUE SPRINGS ________________________ ATTEST: Carson Ross, Mayor Sheryl Morgan, City Clerk 1st reading: 2nd reading: 4

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