City Council Agendas

CITY OF BLUE SPRINGS, MISSOURI MINUTES OF COUNCIL MEETING AUGUST 16, 2021 A meeting of the City Council of the City of Blue Springs, Missouri, was held on Monday, August 16, 2021, 6:00 p.m. in the Council Chambers of the Howard L. Brown Public Safety Building, 1100 SW Smith Street., Blue Springs, Missouri 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 Deputy City Clerk Julia Porter. 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 Edmondson moved to approve the following Consent Agenda items and the motion was seconded by Councilmember Lievsay. • Minutes of the August 2, 2021 City Council Meeting • Resolution No. 59-2021 approving a Change Order in the amount of $7,500.00 with Clean Uniform Company for uniform services • Resolution No. 60-2021 approving a purchase in the amount of $110,000.00 from Deere & Company for two John Deere 7500A Fairway Mowers 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 VISITORS Preston Smith and Janice Smith addressed the Council in opposition to the Jackson County Mask Mandate. Scott Casey, Courtney McGinnis, Zoe Dunning, Austin Strassle, Stef Sloan and Emily Weber addressed Council requesting a ban on conversion therapy within the City limits. Ruth Bocchino, City Clerk for the City of Gladstone and Vice President of the Missouri City Clerks and Finance Officers - Western Division, presented the Missouri Registered City Clerk certification and Certified Municipal Clerk certification to Deputy City Clerk Julia Porter. PUBLIC HEARING - TRIAD Mayor Ross opened the Public Hearing to consider approval of a INVESTMENT PROPERTY, Rezoning (RZ-07-21-7862) from General Business to Regional LLC. - REZONE Commercial and to approve a Conditional Use Permit with Alternative August 16, 2021 City Council Minutes Page 2 (RZ-07-21-7862) AND Development Standards (CUP-07-21-7863) for a building/construction CONDITIONAL USE contractor office with outdoor storage on the subject 3. 76 +\- acre PERMIT (CUP-07-21-7863) property located between Eastbound US 40 Highway and Westbound US 40 Highway, west of SW 22nd Street, addressed as 2503 SW Westbound US 40 Highway at 6:25 p.m. The minutes of the public hearing were recorded by a certified court reporter. Deputy City Clerk Julia Porter entered one exhibit into the record. STAFF REPORT Cynthia Copenhaver with Triad Investment Property, LLC. addressed questions from Council. APPLICANT Associate Planner Shana Kelly reviewed the details of the proposed General Development Plan and addressed questions from Council. The Mayor hearing no further comments for or against, closed the public hearing at 6:32 p.m. INTRODUCTION AND 1ST Councilmember Edmondson introduced Bill No. 4884 approving a READING - BILL NO. 4884 Rezoning from General Business to Regional Commercial on the - TRIAD INVESTMENT subject 3.76 +\- acre property located between Eastbound US 40 PROPERTY, LLC. - Highway and Westbound US 40 Highway, west of SW 22nd Street, REZONE addressed as 2503 SW Westbound US 40 Highway (RZ-07-21-7862). (RZ-07-21-7862) Deputy City Clerk Julia Porter made the first reading of Bill No. 4884 by title; copies of the proposed Bill having previously been made available to the public. Councilmember Fowler moved to approve Bill No. 4884 upon its first reading and proceed with the second reading. Motion seconded by Councilmember Lievsay and carried unanimously. 2ND READING - BILL NO. Ms. Porter made the second reading of Bill No. 4884 by title. 4884 Councilmember Fowler moved to adopt Bill No. 4884 upon its second reading and give it ORDINANCE NO. 5028, with a copy attached hereto and made a part of the minutes. Motion seconded by Councilmember Lievsay 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 Edmondson introduced Bill No. 4885 approving a READING - BILL NO. 4885 Conditional Use Permit with Alternative Development Standards - TRIAD INVESTMENT (CUP-07-21-7863) for a building/construction contractor office with PROPERTY, LLC. - outdoor storage on the subject 3. 76 +\- acre property located between CONDITIONAL USE Eastbound US 40 Highway and Westbound US 40 Highway, west of PERMIT (CUP-07-21-7863) SW 22nd Street, addressed as 2503 SW Westbound US 40 Highway. Deputy City Clerk Julia Porter made the first reading of Bill No. 4885 by title; copies of the proposed Bill having previously been made available to the public. August 16, 2021 City Council Minutes Page 3 Councilmember Fowler moved to approve Bill No. 4885 upon its first reading and proceed with the second reading. Motion seconded by Councilmember Lievsay and carried unanimously. 2ND READING - BILL NO. Ms. Porter made the second reading of Bill No. 4885 by title. 4885 Councilmember Fowler moved to adopt Bill No. 4885 upon its second reading and give it ORDINANCE NO. 5029, 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 PUBLIC HEARING - Mayor Ross opened the Public Hearing to consider a General FRANKLIN SMITH Development Plan for Franklin Smith Elementary to allow an addition ELEMENTARY-GENERAL and renovation to be located at 1609 SW Clark Road (GDP-06-21- DEVELOPMENT PLAN 7823) at 6:34 p.m. The minutes of the public hearing were recorded (GDP-06-21-7823) by a certified court reporter. Deputy City Clerk Julia Porter entered one exhibit into the record. STAFF REPORT Associate Planner Adair Bright reviewed the details of the proposed General Development Plan and addressed questions from Council. COUNCIL DISCUSSION Councilmembers discussed parking at the property location. APPLICANT Charlie Bell with the Blue Springs School District addressed questions from the Council. The Mayor hearing no further comments for or against, closed the public hearing at 6:40 p.m. INTRODUCTION AND 1 ST Councilmember Edmondson introduced Bill No. 4886 approving a READING - BILL NO. 4886 General Development Plan for Franklin Smith Elementary to allow an - FRANKLIN SMITH addition and renovation to be located at 1609 SW Clark Road (GDP- ELEMENTARY - GENERAL 06-21-7823). Deputy City Clerk Julia Porter made the first reading of DEVELOPMENT PLAN Bill No. 4886 by title; copies of the proposed Bill having previously (GDP-06-21-7823) been made available to the public. Councilmember Fowler moved to approve Bill No. 4886 upon its first reading and proceed with the second reading. Motion seconded by Councilmember Lievsay and carried unanimously. 2ND READING - BILL NO. Ms. Porter made the second reading of Bill No. 4886 by title. 4886 Councilmember Fowler moved to adopt Bill No. 4886 upon its second reading and give it ORDINANCE NO. 5030, 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 Edmondson - Aye Lievsay - Aye Culpepper - Aye Fowler-Aye August 16, 2021 City Council Minutes Page 4 Mayor Ross - Aye INTRODUCTION AND 1ST Councilmember Edmondson introduced Bill No. 4887 approving the READING - BILL NO. 4887 Final Plat for Franklin Smith Elementary located at 1609 SW Clark - FRANKLIN SMITH Road (PF-06-21-7826). Deputy City Clerk Julia Porter made the first ELEMENTARY - FINAL reading of Bill No. 4887 by title; copies of the proposed Bill having PLAT (PF-06-21-7826) previously been made available to the public. Councilmember Fowler moved to approve Bill No. 4887 upon its first reading and proceed with the second reading. Motion seconded by Councilmember Lievsay and carried unanimously. 2ND READING - BILL NO. Ms. Porter made the second reading of Bill No. 4887 by title. 4887 Councilmember Fowler moved to adopt Bill No. 4887 upon its second reading and give it ORDINANCE NO. 5031, 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 General JAMES LEWIS Development Plan James Lewis Elementary to allow an addition to be ELEMENTARY - GENERAL located at 717 NW Park Road (GDP-06-21-7827) at 6:42 p.m. The DEVELOPMENT PLAN minutes of the public hearing were recorded by a certified court (GDP-06-21-7827) reporter. Deputy City Clerk Julia Porter entered one exhibit into the record. STAFF REPORT Associate Planner Shana Kelly reviewed the details of the proposed General Development Plan and addressed questions from Council. APPLICANT Charlie Bell with the Blue Springs School District addressed questions from the Council. The Mayor hearing no further comments for or against, closed the public hearing at 6:47 p.m. INTRODUCTION AND 1ST Councilmember Ericson introduced Bill No. 4888 approving a General READING - BILL NO. 4888 Development Plan James Lewis Elementary to allow an addition to be - JAMES LEWIS located at 717 NW Park Road (GDP-06-21-7827). Deputy City Clerk ELEMENTARY- GENERAL Julia Porter made the first reading of Bill No. 4888 by title; copies of DEVELOPMENT PLAN the proposed Bill having previously been made available to the public. (GDP-06-21-7827) Councilmember Fowler moved to approve Bill No. 4888 upon its first reading and proceed with the second reading. Motion seconded by Councilmember Lievsay and carried unanimously. 2ND READING - BILL NO. Ms. Porter made the second reading of Bill No. 4888 by title. 4888 Councilmember Fowler moved to adopt Bill No. 4888 upon its second reading and give it ORDINANCE NO. 5032, with a copy attached August 16, 2021 City Council Minutes Page 5 hereto and made a part of the minutes. Motion seconded by Councilmember Lievsay 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 Ericson introduced Bill No. 4889 approving the Final READING - BILL NO. 4889 Plat for James Lewis Elementary located at the 717 NW Park Road - JAMES LEWIS (PF-06-21-7830). Deputy City Clerk Julia Porter made the first reading ELEMENTARY - FINAL of Bill No. 4889 by title; copies of the proposed Bill having previously PLAT (PF-06-21-7830) been made available to the public. Councilmember Fowler moved to approve Bill No. 4889 upon its first reading and proceed with the second reading. Motion seconded by Councilmember Lievsay and carried unanimously. 2ND READING - BILL NO. Ms. Porter made the second reading of Bill No. 4889 by title. 4889 Councilmember Fowler moved to adopt Bill No. 4889 upon its second reading and give it ORDINANCE NO. 5033, with a copy attached hereto and made a part of the minutes. Motion seconded by Councilmember Lievsay and carried with the following vote: Kaylor-Aye Ericson - Aye Lievsay - Aye Edmondson - Aye Fowler-Aye Culpepper - Aye Mayor Ross - Aye PUBLIC HEARING - THE Mayor Ross advised the Council the applicant, Brad Kempf, RETREAT AT CHAPMAN representing Clayton Properties Group, Inc. Oba Summit Homes, on FARMS - REZONE AND behalf of the property owners, Chariton Land Investors, LLC, CB&T PUD CONCEPT PLAN - Holdings II LLC, and Chariton Capital Management, LLC, has MOTION TO CONTINUE requested a continuance of the public hearing to the September 8, 2021 Council Meeting. Councilmember Ericson moved to continue the public hearing for consideration to Rezone (RZ-06-21-784 7) and approval of a Planned Unit Development Concept Plan (PUDC-06-21- 7849) for The Retreat at Chapman Farms be continued to the Wednesday, September 8, 2021 Council meeting. Motion seconded by Councilmember Edmondson and carried unanimously. INTRODUCTION AND 1 ST Councilmember Ericson introduced Bill No. 4990 amending Chapter READING - BILL NO. 4990 600 Alcoholic Beverages, Sections 600.060, 600.070, 600.120, - AMEND CHAPTER 600 600.170, and 600.330, of the Code of Ordinances, City of Blue ALCOHOLIC BEVERAGS Springs, Missouri, to allow for the sale of retailer-packed liquor to a OF THE CODE OF consumer in a container for off-premises consumption, commonly ORDINANCES referred to as curbside cocktails, to adjust Sunday sales hours, to allow for a penalty of $100.00 imposed for any liquor license renewals received after the expiration date of the liquor license, and to remove the prohibition of the sale of intoxicating liquor through drive-up windows. Deputy City Clerk Julia Porter made the first reading of Bill No. 4990 by title; copies of the proposed Bill having previously been made available to the public. August 16, 2021 City Council Minutes Page 6 Councilmember Fowler moved to approve Bill No. 4990 upon its first reading and proceed with the second reading. Motion seconded by Councilmember Ericson and carried unanimously. 2ND READING - BILL NO. Ms. Porter made the second reading of Bill No. 4990 by title. 4990 Councilmember Fowler moved to adopt Bill No. 4990 upon its second reading and give it ORDINANCE NO. 5034, 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 INTRODUCTION AND 1ST Councilmember Edmondson introduced Bill No. 4991 amending READING - BILL NO. 4991 Sections 380.010 and 340.200 of the Code of Ordinances, City of Blue - AMEND CHAPTER 430 Springs, Missouri, to amend certain language regarding Driving While AND 380 OF THE CODE OF Intoxicated and Driving While Suspended or Revoked. Deputy City ORDINANCES RELATING Clerk Julia Porter made the first reading of Bill No. 4991 by title; copies TO DRIVING WHILE INTOXICATED AND of the proposed Bill having previously been made available to the DRIVING WHILE public. SUSPENDED OR REVOKED Councilmember Fowler moved to approve Bill No. 4991 upon its first reading and proceed with the second reading. Motion seconded by Councilmember Edmondson and carried unanimously. 2ND READING - BILL NO. Ms. Porter made the second reading of Bill No. 4991 by title. 4991 Councilmember Fowler moved to adopt Bill No. 4991 upon its second reading and give it ORDINANCE NO. 5035, with a copy attached hereto and made a part of the minutes. Motion seconded by Councilmember Edmondson and carried with the following vote: Fowler-Aye Culpepper - Aye Ericson - Aye Kaylor-Aye Edmondson - Aye Lievsay - Aye Mayor Ross - Aye MAYORAL Thoughts to Ponder: ANNOUNCEMENTS "No one is perfect, that's why pencils have erasers." (Wolfgang Riebe) CLOSED SESSION At 6:55 p.m., Councilmember Kaylor moved for the Council go into closed session pursuant to Section 610. 021 ( 1) and (9) Revised Statutes of Missouri, for the purpose of privileged communications between a governmental body or its representative and legal counsel relating to litigation and negotiations with employee groups, 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 August 16, 2021 City Council Minutes Page 7 seconded by Councilmember Lievsay and carried with the following votes: Ericson - Aye Kaylor-Aye Edmondson - Aye Lievsay - Aye Culpepper - Aye Fowler-Aye Mayor Ross - Aye CITY OF BLUE SPRINGS ATTEST Carson Ross , Mayor