City Council Agendas

CITY OF BLUE SPRINGS, MISSOURI MINUTES OF COUNCIL MEETING AUGUST 17, 2020 A meeting of the City Council of the City of Blue Springs, Missouri, was held on Monday, August 17, 2020, 6:00 p.m. in the Council Chambers of the Howard L. Brown Public Safety Building, 1100 Smith Street with Mayor Carson Ross presiding. Face coverings were required pursuant to Order of the Jackson County Health Director dated July 1, 2020, and Phase 2.5 of the Eastern Jackson County Recovery Plan. 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 Kaylor. • Minutes of the August 3, 2020 City Council Meeting • Resolution No. 61-2020 approving a five-year contract in the amount of $100,000 per year for a total of $500,000 with HOR Engineering, Inc., for general engineering services for the City's water system • Change Managing Agent on Casey's Marketing Company dba Casey's General Store #2024 and # 2037 located at 2900 NW 7 Highway Blue Springs, MO 64014 and 2424 SW 7 Highway Blue Springs, MO 64014 • Resolution No. 62-2020 approving a contract in the amount of $137,677.00 with the Blue Springs R-IV School District (BSSD) for police officers at BSSD schools for the 2020-2021 school year The above Consent Agenda items were approved with the following vote: Kaylor-Aye Ericson - Aye Lievsay - Aye Edmondson - Aye Fowler-Aye Culpepper - Aye Mayor Ross - Aye PRESENTATION -SPIRE Representatives from Spire, Manager of Damage Prevention, Alan SILVER SHOVEL AWARD Meyer and Right of Way Manager, Tod Fagan, presented a Silver Shovel Award to the City of Blue Springs. August17,2020 City Council Minutes Page 2 PUBLIC HEARING - Mayor Ross opened the Public Hearing to reconsider (previously RECONSIDERATION TO considered on July 6, 2020) a request to rezone (RZ-04-20-7277) REZONE (RZ-04-20-7277) property from General Business to High Density Multi-Family / AND PLANNED Planned Development for the 2.08 +/- acre development and to DEVELOPMENT CONCEPT reconsider the request to approve a Planned Development Concept PLAN (PDC-04-20-7278) FOR LUXE ONE, LLC Plan for Luxe One, LLC located at 1501 NW North Ridge Drive to allow a 4 story apartment building with approximately 53 units to be built on 2.08 +\- acres of land (PDC-04-20-7278) at 6:06 p.m. The minutes of the public hearing were recorded by a certified court reporter. City Clerk Sheryl Morgan entered two exhibits into the record. CITY ATTORNEY City Attorney Jacqueline Sommer advised Council to take notice of the testimony previously held on July 6, 2020. STAFF REPORT Senior Planner Nathan Jurey reviewed the details of the proposed Rezoning and Planned Development Concept Plan for consideration. Mr. Jurey outlined the changes made to the Planned Development Concept Plan after the July 6, 2020 Council meeting. APPLICANT Major Hammett of LuxeOne, LLC addressed Council to discuss the changes made to the Planned Development Concept Plan, which include a dog area, larger trees in the entrance and in the back of the building, as well as the balconies and a the change to the rooftop area. IN OPPOSITION TO Randy Rice, Susan Saunders and Gerry DeBoard addressed council in opposition to the proposed project. The Mayor hearing no further comments for or against, closed the public hearing at 6:49 p.m. INTRODUCTION AND 1ST Councilmember Culpepper introduced Bill No. 4776 rezoning property READING - BILL NO. 4776 from General Business to High Density Multi-Family / Planned - REZONE 1501 NW Development for the 2.08 +/- acre development for Luxe One, LLC NORTH RIDGE DRIVE FOR located at 1501 NW North Ridge Drive previously considered on July LUXE ONE, LLC 6, 2020 (RZ-04-20-7277). City Clerk Sheryl Morgan made the first (RZ-04-20-7277) reading of Bill No. 4776 by title; copies of the proposed Bill having previously been made available to the public. Councilmember Fowler moved to approve Bill No. 4776 upon its first reading and proceed with the second reading. Motion seconded by Councilmember Lievsay and, after Council discussion, carried with a vote of 4-3 as follows: Lievsay - Aye Edmondson - Aye Fowler-NO Culpepper - Aye Ericson -NO Kaylor-NO Mayor Ross - Aye 2ND READING - BILL NO. Ms. Morgan made the second reading of Bill No. 4776 by title. 4776 Councilmember Fowler moved to adopt Bill No. 4776 upon its second reading and give it ORDINANCE NO. 4922, with a copy attached August 17, 2020 City Council Minutes Page3 hereto and made a part of the minutes. Motion seconded by Councilmember Lievsay and carried with the following vote: Fowler-NO Culpepper - Aye Ericson- NO Kaylor-NO Edmondson - Aye Lievsay - Aye Mayor Ross - Aye INTRODUCTION AND 1 ST Councilmember Culpepper introduced Bill No. 4777 approving a READING - BILL NO. 4777 Planned Development Concept Plan for Luxe One, LLC located at -PLANNED 1501 NW North Ridge Drive to allow a 4 story apartment building with DEVELOPMENT CONCEPT approximately 53 units to be built on 2.08 +\- acres of land previously PLAN FOR LUXE ONE, considered on July 6, 2020 (PDC-04-20-7278). City Clerk Sheryl LLC (PDC-04-20-7278) Morgan made the first reading of Bill No. 4777 by title; copies of the proposed Bill having previously been made available to the public. Councilmember Fowler moved to approve Bill No. 4777 upon its first reading and proceed with the second reading. Motion seconded by Councilmember Culpepper and carried with a vote of 4-3 as follows: Ericson-NO Kaylor-NO Edmondson - Aye Lievsay - Aye Culpepper - Aye Fowler-NO Mayor Ross - Aye 2ND READING - BILL NO. Ms. Morgan made the second reading of Bill No. 4777 by title. 4777 Councilmember Fowler moved to adopt Bill No. 4777 upon its second reading and give it ORDINANCE NO. 4923, with a copy attached hereto and made a part of the minutes. Motion seconded by Councilmember Edmondson and carried with a 4-3 vote as follows: Edmondson - Aye Lievsay - Aye Culpepper - Aye Fowler-NO Kaylor-NO Ericson-NO Mayor Ross - Aye PUBLIC HEARING - Mayor Ross opened the Public Hearing to consider a rezoning (RZ- REZONE (RZ-07-20-7396) 07-20-7396) property from General Business to High Density Multi- AND PLANNED Family / Planned Development for the 2.95 +/- acre development and DEVELOPMENT CONCEPT to consider the approval of a Planned Development Concept Plan PLAN (PDC-07-20-7397) (PDC-07-20-7397) for Remington Place located 300-ft. west of SW 7 FOR REMINGTON PLACE Highway between SW Clark Road and SW Meadowridge Drive to allow for the development of a 3-story 40-unit apartment building at 6:58 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 Senior Planner Matt Wright reviewed the details of the rezoning request and proposed plan. APPLICANT Aaron March spoke on behalf of the developer and applicant on the project. August17,2020 City Council Minutes Page 4 The Mayor hearing no comments for or against, closed the public hearing at 7:27 p.m. INTRODUCTION AND 1ST Councilmember Culpepper introduced Bill No. 4778 rezoning property READING - BILL NO. 4778 from General Business to High Density Multi-Family/Planned - REZONE REMINGTON Development for the 2.95 +/- acre development for Remington Place PLACE (RZ-07-20-7396) located 300-ft. west of SW 7 Highway between SW Clark Road and SW Meadowridge Drive(RZ-07-20-7396). City Clerk Sheryl Morgan made the first reading of Bill No. 4778 by title; copies of the proposed Bill having previously been made available to the public. Councilmember Fowler moved to approve Bill No. 4778 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. 4778 by title. 4778 Councilmember Fowler moved to adopt Bill No. 4778 upon its second reading and give it ORDINANCE NO. 4924, with a copy attached hereto and made a part of the minutes. Motion seconded by Councilmember Culpepper and carried with the following vote: Ericson - Aye Kaylor-Aye Edmondson - Aye Lievsay - Aye Culpepper - Aye Fowler-Aye Mayor Ross - Aye INTRODUCTION AND 1ST Councilmember Culpepper introduced Bill No. 4779 approving a READING - BILL NO. 4779 Planned Development Concept Plan for Remington Place located -PLANNED 300-ft. west of SW 7 Highway between SW Clark Road and SW DEVELOPMENT CONCEPT Meadowridge Drive to allow for the development of a 3-story 40-unit PLAN FOR REMINGTON apartment building (PDC-07-20-7397). City Clerk Sheryl Morgan PLACE (PDC-07-20-7397) made the first reading of Bill No. 4779 by title; copies of the proposed Bill having previously been made available to the public. Councilmember Fowler moved to approve Bill No. 4779 upon its first reading and proceed with the second reading. Motion seconded by Councilmember Lievsay. MOTION TO AMEND BILL Councilmember Fowler moved to amend Bill No. 4779 to: NO. 4779 Add 4th condition: • Amend the Planned Development Concept Plan to restrict the project to senior (55+) housing Add 5th condition: • Extend length of time for expiration of Planned Development Concept Plan to 10 years Motion seconded by Councilmember Kaylor and carried unanimously. VOTE ON 1sr READING OF The first reading of Bill No. 4779, as amended, carried unanimously. BILL NO. 4779, AS AMENDED August 17, 2020 City Council Minutes Page 5 2ND READING - BILL NO. Ms. Morgan made the second reading of Bill No. 4779, as amended 4779, AS AMENDED by title. Councilmember Fowler moved to adopt Bill No. 4779, as amended, upon its second reading and give it ORDINANCE NO. 4925, with a copy attached hereto and made a part of the minutes. Motion seconded by Councilmember Culpepper and carried with the following vote: Edmondson - Aye Lievsay - Aye Culpepper - Aye Fowler-Aye Kaylor-Aye Ericson - Aye Mayor Ross - Aye PUBLIC HEARING - Mayor Ross opened the Public Hearing to consider amendments to AMEND UDC RELATING the Unified Development Code to add a new Temporary Use - TO TEMPORARY Donation Collection Bin at 7:38 p.m. The minutes of the public hearing DONATION COLLECTION were recorded by a certified court reporter. City Clerk Sheryl Morgan BINS (UDCT-06-20-7371) entered one exhibit into the record. STAFF REPORT Interim Director of Community Development Mike Mallon outlined the details of the proposed amendment to the Unified Development Code. IN SUPPORT OF Alan Hayworth with the Clothing Fund addressed Council in support of the amendment. The Mayor hearing no further comments for or against, closed the public hearing at 7:52 p.m. INTRODUCTION AND 1ST Councilmember Kaylor introduced Bill No. 4780 approving READING - BILL NO. 4780 amendments to the Unified Development Code to add a new -AMEND UDC RELATING Temporary Use - Donation Collection Bin. City Clerk Sheryl Morgan TO TEMPORARY made the first reading of Bill No. 4780 by title; copies of the proposed DONATION COLLECTION Bill having previously been made available to the public. BINS (UDCT-06-20-7371) Councilmember Fowler to approve Bill No. 4780 upon its first reading and proceed with the second reading. Motion seconded by Councilmember Edmondson and carried unanimously. 2ND READING- BILL NO. Ms. Morgan made the second reading of Bill No. 4780 by title. 4780 Councilmember Fowler moved to adopt Bill No. 4780 upon its second reading and give it ORDINANCE NO. 4926, with a copy attached hereto and made a part of the minutes. Motion seconded by Councilmember Kaylor and carried with the following vote: Culpepper - Aye Fowler-Aye Kaylor-Aye Ericson - Aye Lievsay - Aye Edmondson - Aye Mayor Ross - Aye INTRODUCTION AND 1ST Councilmember Kaylor introduced Bill No. 4781 amending Chapter READING - BILL NO. 4781 255 Solid Waste of the Code of Ordinances, City of Blue Springs, - AMEND CHAPTER 255 Missouri to modify City regulations for Temporary Donation Collection OF CODE OF Bins. City Clerk Sheryl Morgan made the first reading of Bill No. 4781 August 17,2020 City Council Minutes Page6 ORDINANCES RELATING by title; copies of the proposed Bill having previously been made TO TEMPORARY available to the public. DONATION COLLECTION BINS Councilmember Fowler moved to approve Bill No. 4781 upon its first reading and proceed with the second reading. Motion seconded by Councilmember Edmondson and carried unanimously. 2ND READING - BILL NO. Ms. Morgan made the second reading of Bill No. 4781 by title. 4781 Councilmember Fowler moved to adopt Bill No. 4781 upon its second reading and give it ORDINANCE NO. 4927, with a copy attached hereto and made a part of the minutes. Motion seconded by Councilmember Ericson and carried with the following vote: Kaylor-Aye Ericson - Aye Lievsay - Aye Edmondson - Aye Fowler-Aye Culpepper - Aye Mayor Ross - Aye INTRODUCTION AND 1ST Councilmember Kaylor introduced Bill No. 4782 amending Chapter READING - BILL NO. 4782 270 Portable Storage Containers and Roll-Off Trash Containers of the - AMEND CHAPTER 270 Code of Ordinances, City of Blue Springs, Missouri to modify City OF CODE OF regulations for Temporary Donation Collection Bins. City Clerk Sheryl ORDINANCES RELATING Morgan made the first reading of Bill No. 4782 by title; copies of the TO TEMPORARY DONATION COLLECTION proposed Bill having previously been made available to the public. BINS Councilmember Fowler moved to approve Bill No. 4782 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. 4782 by title. 4782 Councilmember Fowler moved to adopt Bill No. 4782 upon its second reading and give it ORDINANCE NO. 4928, with a copy attached hereto and made a part of the minutes. Motion seconded by Councilmember Ericson and carried with the following vote: Lievsay - Aye Edmondson - Aye Fowler-Aye Culpepper - Aye Ericson - Aye Kaylor-Aye Mayor Ross - Aye PUBLIC HEARING - Mayor Ross advised the Council that City staff has requested a AMEND UDC RELATING continuance of the public hearing to the September 9, 2020 Council TO CONDITIONAL USE Meeting. Councilmember Culpepper moved to continue the public PERMITS - MOTION TO hearing for consideration of amendments to the Section 403.010-1, CONTINUE Procedures Summary Table, of the City of Blue Springs Unified Development Code (UDCT-07-20-7382). Motion seconded by Councilmember Kaylor and carried unanimously. INTRODUCTION AND 1ST Councilmember Culpepper introduced Bill No. 4783 approving the READING - BILL NO. 4783 Final Plat for Eagles Ridge Villas PR-O 3rd Plat, Lots 76-117 & Tract - FINAL PLAT FOR F (PF-02-20-7245). City Clerk Sheryl Morgan made the first reading August17,2020 City Council Minutes Page 7 EAGLES RIDGE VILLAS of Bill No. 4783 by title; copies of the proposed Bill having previously PR-O 3RD PLAT been made available to the public. (PF-02-20-7245) Councilmember Fowler moved to approve Bill No. 4783 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. 4783 by title. 4783 Councilmember Fowler moved to adopt Bill No. 4783 upon its second reading and give it ORDINANCE NO. 4929, with a copy attached hereto and made a part of the minutes. Motion seconded by Councilmember Lievsay 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. 4784 approving the READING - BILL NO. 4784 Final Plat for Gardens at Colonial Highlands 2nd Plat Lots 31-64 & - FINAL PLAT FOR Tracts F and G, a Replat of Part of Lot 3, "Timothy Lutheran Church, GARDENS AT COLONIALS Lot 3" in the SE ¼ Of Sec. 18-48-30, in the City Of Blue Springs, HIGHLANDS 2ND PLAT Jackson County, Missouri (PF-07-20-7395). City Clerk Sheryl Morgan (PF-07-20-7395) made the first reading of Bill No. 4784 by title; copies of the proposed Bill having previously been made available to the public. Councilmember Fowler moved to approve Bill No. 4784 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. 4784 by title. 4784 Councilmember Fowler moved to adopt Bill No. 4784 upon its second reading and give it ORDINANCE NO. 4930, with a copy attached hereto and made a part of the minutes. Motion seconded by Councilmember Edmondson and carried with the following vote: Ericson - Aye Kaylor-Aye Edmondson - Aye Lievsay - Aye Culpepper - Aye Fowler-Aye Mayor Ross - Aye INTRODUCTION AND 1ST Councilmember Culpepper introduced Bill No. 4785 repealing READING - BILL NO. 4785 Ordinance No. 4846 dealing with the procedure to disclose potential -REPEALING conflicts of interest and substantial interests for certain municipal ORDINANCE NO. 4846 officials pursuant to Sec. 105.483( 11) RSMo. City Clerk Sheryl RELATING TO Morgan made the first reading of Bill No. 4785 by title; copies of the PRECEDURE TO DISCLOSE CONFLICTS OF proposed Bill having previously been made available to the public. INTEREST Councilmember Fowler moved to approve Bill No. 4785 upon its first reading and proceed with the second reading. Motion seconded by Councilmember Lievsay and carried unanimously. August 17,2020 City Council Minutes Page 8 2ND READING - BILL NO. Ms. Morgan made the second reading of Bill No. 4785 by title. 4785 Councilmember Fowler moved to adopt Bill No. 4785 upon its second reading and give it ORDINANCE NO. 4931, with a copy attached hereto and made a part of the minutes. Motion seconded by Councilmember Edmondson and carried with the following vote: Edmondson - Aye Lievsay - Aye Culpepper - Aye Fowler-Aye Kaylor-Aye Ericson - Aye Mayor Ross - Aye RESOLUTION NO. 60-2020 Councilmember Culpepper moved to adopt Resolution No. 63-2020 - DIRECT STAFF TO proposed by Councilmembers Susan Culpepper and Galen Ericson to REVIEW OPTIONS FOR formally direct staff to evaluate funding options and budget scenarios LAGERS PLANS for changing the City's LAGERS L-7 plan to the LAGERS L-6 plan. Motion seconded by Councilmember Ericson. MOTION TO AMEND Councilmember Lievsay moved to amend Resolution No. 60-2020 to RESOLUTION NO. 60-2020 change Paragraph #2 engage LAGERS, and not a third-party firm to conduct an independent analysis. Motion seconded by Councilmember Kaylor and failed with a vote of 4-3 as follows: Culpepper - NO Fowler-NO Kaylor-Aye Ericson-NO Lievsay-Aye Edmondson - Aye Mayor Ross - NO 2N° MOTION TO AMEND Councilmember Culpepper moved to amend Resolution No. 60-2020 RESOLUTION NO. 60-2020 to change Paragraph #2 to read as follows: Staff is directed to engage LAGERS and a third-party firm to conduct an independent analysis of the current municipal retirement system and to conduct a comparative analysis of LAGERS plans and other contributory plans. Motion seconded by Councilmember Ericson and carried with a vote of 4-3 as follows: Kaylor-NO Ericson - Aye Lievsay- NO Edmondson - NO Fowler-Aye Culpepper - Aye Mayor Ross - Aye VOTE ON RESOLUTION Kaylor-NO Ericson - Aye NO. 60-2020, AS Lievsay- NO Edmondson - NO AMENDED Fowler-Aye Culpepper - Aye Mayor Ross - Aye MAYORAL Congratulations to Presiding Municipal Judge Graham-Taramino on ANNOUNCEMENTS her appearance on a local Dancing with the Stars competition. September 6 is the 20th anniversary of the Blue Springs Public Art Commission, and September 7th is the 140th anniversary of the incorporation of the City of Blue Springs. August 17,2020 City Council Minutes Page 9 Mayor Ross shared the funeral arrangements for former Independence Mayor Don Reimal who recently passed away. The next meeting of the City Council will be Wednesday, September 9 due to the Labor Day holiday. VISITORS Greg Huber addressed the Council regarding the Municipal Code requiring residents to keep trash cans within 5' of the home, but it not requiring the trash providers to return the can . Mayor Ross directed staff to have the issue vetted by the Solid Waste Management Commission . CLOSED SESSION At 8:37 p.m., Councilmember Fowler moved for the Council go into closed session pursuant to Section 610.021 (13), Revised Statutes of Missouri, for the purpose of privileged communications between a governmental body or its representative and legal counsel relating to personnel matters, and that any minutes, documents and other records discussed or taken during the closed session remain closed , and that the special meeting of this body stand adjourned at the completion of such session. Motion seconded by Councilmember Lievsay and carried with the following votes: Fowler-Aye Culpepper - Aye Ericson - Aye Kaylor-Aye Edmondson - Aye Lievsay - Aye Mayor Ross - Aye CITY OF BLUE SPRINGS ~ Carson Ross , Mayor