City Council Agendas

CITY OF BLUE SPRINGS, MISSOURI MINUTES OF COUNCIL MEETING APRIL 19, 2021 A meeting of the City Council of the City of Blue Springs, Missouri, was held on Monday, April 19, 2021, 6:00 p.m. in the Council Chambers of the Howard L. Brown Public Safety Building, 1100 SW Smith Ave., Blue Springs, Missouri and via video-conference, with Mayor Carson Ross presiding. Pursuant to Jackson County Executive Order dated November 18, 2020 and any subsequent amendments and Phase 2.5 of the Eastern Jackson County Recovery Plan limiting public gatherings, the City Council participated in this meeting in person, via video-conference and/or telephone to ensure safe social distancing measures were taken as provided in Sections 610.020(1) and 610.020(4) RSMo. The public was able to attend via telephone conference and in person. 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. City Clerk Sheryl ORDER Morgan confirmed a quorum of the Council was present. CONSENT AGENDA Councilmember Ericson requested Item 3b - Council Liaison Appointments be pulled from the Consent Agenda for separate consideration. Councilmember Culpepper moved to approve the following Consent Agenda items and the motion was seconded by Councilmember Kaylor. • Minutes of the April 5, 2021 City Council Meeting • 2021 Council Liaison Appointments: CIP Committee (including Budget Review and Tourism and Visitors' Advisory Commission): Councilmember Culpepper Councilmember Lievsay Councilmember Kaylor CDBG Advisory: Councilmember Ericson Councilmember Edmondson Councilmember Fowler Development Advisory Commission: Councilmember Kaylor Downtown Review Board: Councilmember Edmondson Councilmember Ericson Economic Development Council: Councilmember Kaylor Historic Preservation Commission: Councilmember Lievsay April 19, 2021 City Council Minutes Page 2 Human Relations Commission: Councilmember Fowler Park Commission: Councilmember Culpepper Public Art Commission: Councilmember Culpepper Public Safety Citizens' Advisory Board: Councilmember Ericson Solid Waste Commission: Councilmember Fowler • Resolution No. 21-2021 approving a purchase in the amount of $589,142 from Blue Springs Ford Sales, Inc. for sixteen Ford Utility Vehicles • Resolution No. 22-2021 approving a purchase in the amount of $89,746.40 from Gulf States Distributing Inc. for ammunition • Appointment of Board and Commission Members: Appearance Review Committee: Reappointment: David Smith Bob Frost David Smith, Chair Bob Frost, Vice Chair Board of Adjustment: Reappointment: Ron Amos New appointment: Andrew Crick Erwin Gard Development Advisory Commission: Reappointment: Bruce Reynolds Orion Berridge Bob Frost Orion Berridge, Vice Chair Downtown Review Board: Reappointment: Jason Ellis Historic Preservation Commission: Reappointment: Chris Birkenmaier Frances Hose Ken Billups, Jr., Planning Commission Rep. Frances Hose, Chair Pam Albarelli, Vice Chair New appointment: Nicole Gaulden Kelly Roberson Main Center Redevelopment Corporation: Reappointment: Gailen Snyder Gailen Snyder, Chair Park Commission: Reappointment: Megan Johnson Richard Mitchem Keith Hannaman, Chair Maureen Johnson, Vice Chair New appointment: Jon Burke Planning Commission: Reappointment: Mitchell Peil Chad Sanderson April 19, 2021 City Council Minutes Page 3 Public Art Commission: Reappointment: Susan Rew Eleanor Frasier Eleanor Frasier, Chair Ramon Magee, Vice Chair New appointment: Pam Vaughan Taylor Beller Public Safety Citizens' Advisory Board: Reappointment: Natalie Beltgens New appointment: Roy Boyd Carmen Booker Steven "Jeff' Rogers, Chair Roy Boyd, Vice Chair Solid Waste Management Commission: Reappointment: John Nolan John Nolan, Chair Technical Review Committee: New appointment: LaShell Slaughter 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 ITEM 3B - COUNCIL Councilmember Ericson requested that Item 3b - Council Liaison LIAISON APPOINTMENTS Appointments be pulled from the Consent Agenda for separate consideration and encouraged Councilmembers to attend the board meetings. Councilmember Culpepper moved to approve Item 3b - Council Liaison Appointments. Motion seconded by Councilmember Edmondson and carried unanimously. INTRODUCTION AND 1ST Councilmember Edmondson introduced Bill No. 4846 declaring and READING - BILL NO. 4846 accepting the election results from the April 6, 2021 election regarding - DECLARING AND a one-half percent sales tax for local parks. City Clerk Sheryl Morgan ACCEPTING APRIL 6, 2021 made the first reading of Bill No. 4846 by title; copies of the proposed ELECTION RESULTS Bill having previously been made available to the public. Councilmember Fowler moved to approve Bill No. 4846 upon its first reading and proceed with the second reading. Motion seconded by Councilmember Kaylor and carried unanimously. COUNCIL DISCUSSION Council expressed their appreciation to the staff, Park Commission and the voters of Blue Springs for their support. 2ND READING - BILL NO. Ms. Morgan made the second reading of Bill No. 4846 by title. 4846 Councilmember Fowler moved to adopt Bill No. 4846 upon its second reading and give it ORDINANCE NO. 4990, with a copy attached hereto and made a part of the minutes. Motion seconded by Councilmember Culpepper and carried with the following vote: April 19, 2021 City Council Minutes Page 4 Lievsay - Aye Edmondson - Aye Fowler-Aye Culpepper - Aye Ericson - Aye Kaylor-Aye Mayor Ross - Aye ELECTION OF MAYOR Mayor Ross called for nominations from the floor for the one-year term PROTEMPORE of the Mayor Pro Tempore. Councilmember Kaylor nominated Councilmember Edmondson for the position of Mayor Pro Tempore. Mayor Ross, receiving no further nominations, declared that nominations cease and approve the nomination of Councilmember Edmondson by acclamation. Councilmember Edmondson was unanimously elected Mayor Pro Tempore by acclamation. PUBLIC HEARING - Mayor Ross opened the Public Hearing to consider rezoning from REZONING County Agriculture to Large Lot Single-Family/Planned Development (RZ-02-21-7659) AND for a 20.34 +/- acre development (RZ-02-21-7659) and to approve a PLANNED DEVELOPMENT Planned Development Concept Plan for Proverbs Estates located east CONCEPT PLAN of Shrout Road and approximately 2,000 feet south of Wyatt Road, on (PDC-02-21-7661) FOR PROVERBS ESTATES a parcel addressed as 28901 SE Wyatt Road, to allow twenty-five lots in a single-family privately gated subdivision (PDC-02-21-7661), continued from the March 15th and April 5, 2021 City Council agenda.at 6:07 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. MAYOR STATEMENT Mayor Ross stated he has a personal and professional association with members of Proverbs Holdings, LLC and that his relationship with the members is not related to this development or any type of development use. Mayor Ross stated his relationship will not influence his decision on this public hearing or any matter relating to Proverbs Holdings and will remain fair and unbiased, making decisions solely based on information presented during the public hearings. STAFF REPORT Assistant Community Development Director Matt Wright presented the details of the proposed Rezoning and Planned Development Concept Plan. APPLICANT Ken Yancy of Proverbs Holdings, LLC and Ashish Ghosh addressed Council with additional details of the project. COUNCIL DISCUSSION Council expressed concern regarding the proposed private streets as well as the potential to landlock other parcels in the area. Mr. Yancy and City Administrator Eric Johnson discussed an offer that was recently presented to the Land Bank of Blue Springs to purchase additional property to address some of the Council concerns. IN OPPOSITION TO Julius Oswald, Attorney for Diane Jones who owns property contiguous to the project, addressed Council with concerns. Mr. Oswald referred to a document sent for use as an Exhibit for the public hearing. April 19, 2021 City Council Minutes Page 5 City Clerk Sheryl Morgan entered a memo dated April 16, 2021 and pictures from Julius Oswald as Exhibit 2 into the record. Mr. Oswald stated the memo summarizes his testimony given during this public hearing; the pictures were presented for Council and public review. The Mayor hearing no further comments for or against, closed the public hearing at 7:10 p.m. INTRODUCTION AND 1 ST Councilmember Culpepper introduced Bill No. 4847 approving a READING - BILL NO. 4847 rezoning from County Agriculture to Large Lot Single-Family/Planned - REZONING FOR Development for a 20.34 +/- acre development for Proverbs Estates PROVERBS ESTATES located east of Shrout Road and approximately 2,000 feet south of (RZ-02-21-7659) Wyatt Road, on a parcel addressed as 28901 SE Wyatt Road (RZ-02- 21-7659). City Clerk Sheryl Morgan made the first reading of Bill No. 4847 by title; copies of the proposed Bill having previously been made available to the public. Councilmember Fowler moved to approve Bill No. 4847 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. 4847 by title. 4847 Councilmember Fowler moved to adopt Bill No. 4847 upon its second reading and give it ORDINANCE NO. 4991, 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. 4848 approving a READING - BILL NO. 4848 Planned Development Concept Plan for Proverbs Estates located east -PLANNED of Shrout Road and approximately 2,000 feet south of Wyatt Road, on DEVELOPMENT CONCEPT a parcel addressed as 28901 SE Wyatt Road, to allow twenty-five lots PLAN FOR PROVERBS in a single-family privately gated subdivision (PDC-02-21-7661). City ESTATES (PDC-02-21-7661) Clerk Sheryl Morgan made the first reading of Bill No. 4848 by title; copies of the proposed Bill having previously been made available to the public. Councilmember Fowler moved to approve Bill No. 4848 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. 4848 by title. 4848 Councilmember Fowler moved to adopt Bill No. 4848 upon its second reading and give it ORDINANCE NO. 4992, with a copy attached hereto and made a part of the minutes. Motion seconded by Councilmember Ericson and carried with the following vote: Ericson - Aye Kaylor-Aye April 19, 2021 City Council Minutes Page 6 Edmondson - Aye Lievsay - Aye Culpepper - Aye Fowler-Aye Mayor Ross - Aye PUBLIC HEARING - Mayor Ross opened the Public Hearing to consider vacating a portion VACATION OF UTILITY of a 15-foot utility easement located on Lots 2 & 4 in Chapman Ridge EASEMENT FOR 1st Plat. Chapman Ridge Lots 2 & 4. (VAC-03-21-7679) at 7:17 p.m. CHAPMAN RIDGE LOTS 2 The minutes of the public hearing were recorded by a certified court & 4 (VAC-03-21-7679) reporter. City Clerk Sheryl Morgan entered one exhibit into the record. STAFF REPORT Assistant Director of Community Development Matt Wright reviewed the details of the proposed vacation. APPLICANT Dave Rinne of Schlagel was available to answer any questions from Council. The Mayor hearing no further comments for or against, closed the public hearing at 7:20 p.m. INTRODUCTION AND 1ST Councilmember Culpepper introduced Bill No. 4849 vacating a portion READING - BILL NO. 4849 of a 15-foot utility easement located on Lots 2 & 4 in Chapman Ridge - VACATION OF UTILITY 1st Plat. Chapman Ridge Lots 2 & 4. (VAC-03-21-7679). City Clerk EASEMENT FOR Sheryl Morgan made the first reading of Bill No. 4849 by title; copies CHAPMAN RIDGE LOTS 2 of the proposed Bill having previously been made available to the & 4 (VAC-03-21-7679) public. Councilmember Fowler moved to approve Bill No. 4849 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. 4849 by title. 4849 Councilmember Fowler moved to adopt Bill No. 4849 upon its second reading and give it ORDINANCE NO. 4993, with a copy attached hereto and made a part of the minutes. Motion seconded by Councilmember Ericson 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 a Rezoning from REZONE (RZ-03-21-7694) General Business and Light Industrial to General Business and to AND CONDITIONAL USE approve a Conditional Use Permit for a Vehicle Repair, Limited titled PERMIT (CUP-03-21-7693) Take 5 Oil Change use on the subject 0. 76 +\- acre property located FOR TAKE 5 OIL CHANGE on the north side of SW 40 Highway between SW 7 Highway and SW 10th Street addressed as 731 SW 40 Highway at 7:21 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 Assistant Director of Community Development Matt Wright reviewed the details of the proposed rezoning and conditional use permit. April 19, 2021 City Council Minutes Page 7 APPLICANT Applicant Henry Hopkins was available to answer any questions from Council. The Mayor hearing no further comments for or against, closed the public hearing at 7:25 p.m. INTRODUCTION AND 1ST Councilmember Culpepper introduced Bill No. 4850 approving a READING - BILL NO. 4850 Rezoning from General Business and Light Industrial to General - REZONE FOR TAKE 5 Business on the subject 0. 76 +\- acre property located on the north OIL CHANGE side of SW 40 Highway between SW 7 Highway and SW 10th Street (RZ-03-21-7694) addressed as 731 SW 40 Highway. City Clerk Sheryl Morgan made the first reading of Bill No. 4850 by title; copies of the proposed Bill having previously been made available to the public. Councilmember Fowler moved to approve Bill No. 4850 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. 4850 by title. 4850 Councilmember Fowler moved to adopt Bill No. 4850 upon its second reading and give it ORDINANCE NO. 4994, with a copy attached hereto and made a part of the minutes. Motion seconded by Councilmember Edmondson 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 Culpepper introduced Bill No. 4851 approving a READING - BILL NO. 4851 Conditional Use Permit for a Vehicle Repair, Limited titled Take 5 Oil - CONDITIONAL USE Change use on the subject 0. 76 +\- acre property located on the north PERMIT FOR TAKE 5 OIL side of SW 40 Highway between SW 7 Highway and SW 10th Street CHANGE (CUP-03-21-7693) addressed as 731 SW 40 Highway. City Clerk Sheryl Morgan made the first reading of Bill No. 4851 by title; copies of the proposed Bill having previously been made available to the public. Councilmember Fowler moved to approve Bill No. 4851 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. 4851 by title. 4851 Councilmember Fowler moved to adopt Bill No. 4851 upon its second reading and give it ORDINANCE NO. 4995, with a copy attached hereto and made a part of the minutes. Motion seconded by Councilmember Edmondson and carried with the following vote: Kaylor-Aye Ericson - Aye Lievsay - Aye Edmondson - Aye Fowler-Aye Culpepper - Aye Mayor Ross - Aye April 19, 2021 City Council Minutes Page 8 PUBLIC HEARING - Mayor Ross opened the Public Hearing to consider approval of an AMENDED PLANNED UNIT Amended Planned Unit Development Concept Plan for the DEVELOPEMNTCONCEPT development of Whataburger restaurant on subject 1.15 +\- acre PLAN FOR property located at 905 NW 7 Hwy (PUDC-01-21-7646) at 7:27 p.m. WHATABURGER The minutes of the public hearing were recorded by a certified court (PUDC-01-21-7646) reporter. City Clerk Sheryl Morgan entered one exhibit into the record. STAFF REPORT Assistant Director of Community Development Matt Wright reviewed the details of the proposed Amended Planned Unit Development Concept Plan. The Mayor hearing no further comments for or against, closed the public hearing at 7:33 p.m. INTRODUCTION AND 1ST Councilmember Culpepper introduced Bill No. 4852 approving an READING - BILL NO. 4852 Amended Planned Unit Development Concept Plan for the - AMENDED PLANNED development of Whataburger restaurant on subject 1.15 +\- acre UNIT DEVELOPEMNT property located at 905 NW 7 Hwy (PUDC-01-21-7646). City Clerk CONCEPT PLAN FOR Sheryl Morgan made the first reading of Bill No. 4852 by title; copies WHATABURGER (PUDC-01-21-7646) of the proposed Bill having previously been made available to the public. Councilmember Fowler moved to approve Bill No. 4852 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. 4852 by title. 4852 Councilmember Fowler moved to adopt Bill No. 4852 upon its second reading and give it ORDINANCE NO. 4996, 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 INTRODUCTION AND 1ST Councilmember Culpepper introduced Bill No. 4853 approving a READING - BILL NO. 4853 Reimbursement Agreement by and between the City of Blue Springs, - REIMBURSEMENT Missouri and Metcalf 91 BLB, LLC for the development of a AGREEMENT FOR Whataburger restaurant at 905 Highway 7. City Clerk Sheryl Morgan WHATABURGER made the first reading of Bill No. 4853 by title; copies of the proposed Bill having previously been made available to the public. Councilmember Fowler moved to approve Bill No. 4853 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. 4853 by title. 4853 Councilmember Fowler moved to adopt Bill No. 4853 upon its second reading and give it ORDINANCE NO. 4997, with a copy attached hereto and made a part of the minutes. Motion seconded by Councilmember Kaylor and carried with the following vote: April 19, 2021 City Council Minutes Page 9 Fowler-Aye Culpepper - Aye Ericson -Aye Kaylor-Aye Edmondson - Aye Lievsay - Aye Mayor Ross - Aye RESOLUTION 23-2021 Councilmember Kaylor moved to adopt Resolution No. 23-2021 directing staff to take the steps necessary to implement the LAGERS L-6 2% contributory plan effective October 1, 2021 . Motion seconded by Councilmember Edmondson and after discussion, the Resolution failed with a vote of 3-4 as follows: Ericson - No Kaylor-Aye Edmondson - Aye Lievsay - Aye Culpepper - No Fowler-No Mayor Ross - No COUNCIL DISCUSSION - Councilmembers Lievsay and Ericson led a discussion requesting PUBLIC HEALTH Council to form a Public Health Advisory group to establish a working ADVISORY GROUP relationship with the Local Health Authority (LHA) for Blue Springs as well as that of the Health Department of Independence, MO. MAYORAL Mayor Ross expressed his appreciation to the public for voting in favor ANNOUNCEMENTS of the continuation of the Half Center Parks Sales Tax by over 80%. Thoughts to Ponder: "Being a leader doesn 't require a title ; having a title doesn 't make you a leader." CLOSED SESSION At 7:56 p.m., Councilmember Fowler moved for the Council go into closed session pursuant to Section 610.021 (1 ), Revised Statutes of Missouri , for the purpose of privileged communications between a governmental body or its representative and legal counsel relating to litigation, 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 Culpepper and carried with the following votes: Edmondson - Aye Lievsay- Aye Culpepper - Aye Fowler-Aye Kaylor-Aye Ericson - Aye Mayor Ross - Aye CITY OF BLUE SPRINGS ~ Carson Ross, Mayor