City Council Agendas

CITY OF BLUE SPRINGS, MISSOURI MINUTES OF COUNCIL MEETING OCTOBER 4, 2021 A meeting of the City Council of the City of Blue Springs, Missouri, was held on Monday, October 4, 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. Face coverings were required pursuant to Order of the Jackson County Executive dated August 6, 2021 and extended by Jackson County Resolution No. 20749 dated August 30, 2021. Members of the City Council may be participating via video-conference and/or telephone as provided in Section 610.020(1) RSMo. COUNCILMEMBERS IN Jerry Kaylor Galen Ericson ATTENDANCE Chris Lievsay Kent Edmondson Ron Fowler Susan Culpepper Also present were Acting 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. The City Clerk confirmed a quorum of the Council was present. CONSENT AGENDA Councilmember Kaylor requested Items 3j and 3k 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 Edmondson. • Minutes of the September 20, 2021 City Council Meeting • Resolution No. 80-2021 approving a contract for renovations in the amount of $321,106.00 with McConnell & Associates Corp. for the Ward Park tennis court conversion to pickleball courts and the renovations to the James Walker Park basketball court • Resolution No. 81-2021 entering into a contract in the amount of $3,098,091 with Tandem Paving Co, Inc., for projects included in the FY2021-22 Capital Improvement Program, specifically paving of Duncan Road Trail PR-07-22, Pink Hill Park PR-16-22, Keystone Park PR-13-22, Keystone Trail PR-12-18, Hidden Valley Park PR-18-22, Baumgardner Park PR-14-22, and Grounds Park PR-77-22 • Resolution No. 82-2021 approving the disposition of Information Technology department records which have met the required retention period as prescribed by the Blue Springs Records Retention, Management, and Destruction Policy dated November 28, 2016 and in accordance with the Missouri Secretary of State's records retention guidelines • Resolution No. 83-2021 approving a contract in the amount of $1,340,275.00 with Athco, LLC., for the purchase and installation of playground equipment and surface at Woods Chapel Park and Rotary Park; and shelter houses at Pink Hill Park; and Gazebo replacement at Rotary Park • Liquor License for Casey's Marketing Company dba Casey's October 4, 2021 City Council Minutes Page 2 General Store #3946 located at 1914 NW Woods Chapel Rd., Blue Springs, MO 64015, to sell intoxicating liquors in the original package, for consumption off premises, to include retail selling on Sunday intoxicating liquor on the premises where sold, in original package at retail not to be opened or consumed on the premises where sold, or in retailer-packaged container for off-premises consumption • Resolution No. 84-2021 approving a purchase in the amount of $62,137.65 from Broadcast Microwave Services, LLC, for the purchase of 15 computer tablets and associated equipment for patrol vehicles • Liquor License for First Watch Restaurants Inc dba First Watch located at 1077 SW 7 Highway, Blue Springs MO 64015, to sell retail Intoxicating Liquors for consumption on premises/original package/retailer-packaged to include selling on Sunday intoxicating liquor on the premises where sold, in original package at retail not to be opened or consumed on the premises where sold, or in retailer -packaged container for off-premises consumption • Resolution No. 85-2021 ratifying a contract in the amount of $625,391.60 with Martin Underground Construction, Inc., for installation of conduit and fiber line for City owned connectivity. Payment for this project is from CARES Act Funds 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 DISCUSSION - ITEMS 3j Councilmember Kaylor expressed his concern about parks mowing and 3k and grounds maintenance. Parks Director Dennis Dovel shared information regarding the removal of the previous mowing contractor and conflicting commitments of the new mowing contractor and additional funds dedicated to mowing and grounds maintenance. ITEM 3j - RESOLUTION After Council discussion, Councilmember Fowler moved to adopt NO, 86-2021 - SFS Resolution No. 86-2021 approving a contract in the amount of ARCHITECTURE $2,161,040.00 with SFS Architecture, Inc., for architectural services for the new Blue Springs Aquatic Center. Motion seconded by Councilmember Ericson and carried with a vote of 6-1 (Councilmember Lievsay voting No). ITEM 3k - RESOLUTION After Council discussion, Councilmember Culpepper moved to adopt NO. 87-2021 - McCOWN Resolution No. 87-2021 approving a contract in the amount of GORDON CONSTRUCTION $48,800.00 with Mccown Gordon Construction, L.L.C., as the Construction Manager at Risk for preconstruction services for the new Blue Springs Aquatic Center. Motion seconded by Councilmember Ericson and carried with a vote of 6-1 (Councilmember Lievsay voting No). October 4, 2021 City Council Minutes Page 3 PUBLIC HEARING - Mayor Ross opened the Public Hearing to consider approval of an ANNEXATION OF Annexation of property (approximately 1.205 +/- acres) located PROPERTY LOCATED approximately 700 feet east of the southeast corner of the intersection EAST OF SOUTHEAST of NE Colbern Rd and SW Highway 7 into the City limits (ANNX-09- CORNER OFS~E COLBERN 21-7949) at 6:18 p.m. The minutes of the public hearing were recorded ~~~W~~D 7 by a certified court reporter. City Clerk Sheryl Morgan entered one (ANNX-09-21-7949) exhibit into the record. STAFF REPORT Community Development Director Mike Mallon reviewed the details of the proposed annexation. APPLICANT Applicant, Patricia Chapman, addressed the Council and was available for questions. The Mayor hearing no further comments for or against, closed the public hearing at 6: 18 p.m. INTRODUCTION AND 1 ST Councilmember Culpepper introduced Bill No. 491 O approving an READING - BILL NO. 4910 Annexation of property (approximately 1.205 +/- acres) located -ANNEXATION OF approximately 700 feet east of the southeast corner of the intersection PROPERTY LOCATED of NE Colbern Rd and SW Highway 7 into the City limits (ANNX-09- EAST OF SOUTHEAST 21-7949). City Clerk Sheryl Morgan made the first reading of Bill No. CORNER OF NE COLBERN ROADANDSW7 491 O by title; copies of the proposed Bill having previously been made HIGHWAY available to the public. (ANNX-09-21-7949) Councilmember Fowler moved to approve Bill No. 4910 upon its first reading and proceed with the second reading on October 18, 2021. Motion seconded by Councilmember Ericson and carried unanimously. PUBLIC HEARING - Mayor Ross opened the Public Hearing to consider rezoning property REZONE PROPERTY EAST from City of Independence zoning to "HI" (Heavy Industrial) zoning for OF NW 7 HIGHWAY AND property located east of NW 7 Highway and south of Argo Road (RZ- SOUTH OF ARGO ROAD 09-21-7940) at 6:20 p.m. The minutes of the public hearing were (RZ-0 9-21 -7940) 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 addressed questions from the Council. APPLICANT Stuart Foster addressed the Council on behalf of the applicant and was available for questions. IN OPPOSITION TO Travis Graham, David Kackley, Jeffrey Hoffman, Alan Kastler, Terry Porter, John Sheehy, and Doug Steger spoke in opposition to the rezoning. The Mayor hearing no further comments for or against, closed the public hearing at 6:51 p.m. INTRODUCTION AND 1ST Councilmember Culpepper introduced Bill No. 4911 rezoning property READING- BILL NO. 4911 from City of Independence zoning to Heavy Industrial zoning for October 4, 2021 City Council Minutes Page 4 - REZONE PROPERTY property located east of NW 7 Highway and south of Argo Road (RZ- EAST OF NW 7 HIGHWAY 09-21-7940). City Clerk Sheryl Morgan made the first reading of Bill AND SOUTH OF ARGO No. 4911 by title; copies of the proposed Bill having previously been ROAD (RZ-09-21-7940) made available to the public. Councilmember Fowler moved to approve Bill No. 4911 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. 4911 by title. 4911 Councilmember Fowler moved to adopt Bill No. 4911 upon its second reading and give it ORDINANCE NO. 5049, 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 DISCUSSION - BILL NO. Councilmember Kaylor stated that although the developer of the 4902 REZONING EAGLES Eagles Ridge Estates 5th Plat did not appear for the public hearing on RIDGE ESTATES 5rH PLAT the matter on September 20, 2021, he felt he may have been hasty in (RZ-08-21-7919) his vote. Councilmember Kaylor stated he believed it would be beneficial for the Council to reconsider Bill No. 4902 and set the matter for a new public hearing to allow the developer to address questions from Council. MOTION TO RECONSIDER Councilmember Kaylor moved to reconsider Bill No. 4902 rezoning - BILL NO. 4902 Eagles Ridge Estates 5th Plat, which approval previously failed by REZONING FOR EAGLES Council vote on September 20, 2021, for the purpose of allowing the RIDGE ESTATES 5TH PLAT applicant to testify and answer questions from the Council at a public (RZ-08-21-7919) hearing on a date to be determined by staff. Motion seconded by Councilmember Ericson and, after Council discussion, carried with the following votes: Fowler-Aye Culpepper - Aye Ericson - Aye Kaylor-Aye Edmondson - Aye Lievsay - No Mayor Ross - Aye INTRODUCTION AND 1ST Councilmember Culpepper introduced Bill No. 4912 amending Section READING - BILL NO. 4912 115.160 City Administrator Authorized to Enter Into Contracts and - AMEND SECTION Take Certain Actions on Behalf of the City, of the Code of Ordinances, 115.160 OF CODE OF City of Blue Springs, Missouri to clarify procedures for administrative ORDINANCES RELATING approval of contracts. City Clerk Sheryl Morgan made the first reading TO ADMINISTRATIVE CONTRACTS of Bill No. 4912 by title; copies of the proposed Bill having previously been made available to the public. Councilmember Fowler moved to approve Bill No. 4912 upon its first reading and proceed with the second reading. Motion seconded by Councilmember Culpepper and carried unanimously. October 4, 2021 City Council Minutes Page 5 2ND READING - BILL NO. Ms. Morgan made the second reading of Bill No. 4912 by title. 4912 Councilmember Fowler moved to adopt Bill No. 4912 upon its second reading and give it ORDINANCE NO. 5050, 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 Mayor Ross - Aye PRESENTATION AND Director of Community Development Mike Mallon presented the 2020 DISCUSSION - 2020 Census population data for the City and Council presented three CENSUS POPULATION options to establish new City Council District boundaries per Section AND ESTABLISHING NEW 3.2 of the Charter of the City of Blue Springs. DISTRICT BOUNDARIES After Council discussion, it was determined that Option 3 with populations in each District as follows was the preferred option: • District 1 - 19,563 • District 2 - 20,236 • District 3 - 18,694 This will allow for anticipated growth in District 3 in the next 10 years. The Public Hearing to consider the City Council District Boundaries will be held at the October 18, 2021 City Council meeting. INTRODUCTION AND 1ST Councilmember Culpepper introduced Bill No. 4913 approving the READING - BILL NO. 4913 conveyance of a permanent drainage easement, from OAK Realty - PERMANENT DRAINAGE Devco, LLC for the Estates at Chapman Farms trail improvements. EASEMENT FROM DAK City Clerk Sheryl Morgan made the first reading of Bill No. 4913 by REAL TY DEVCO, LLC title; copies of the proposed Bill having previously been made available to the public. Councilmember Fowler moved to approve Bill No. 4913 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. 4913 by title. 4913 Councilmember Fowler moved to adopt Bill No. 4913 upon its second reading and give it ORDINANCE NO. 5051, 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 MAYORAL Thoughts to Ponder: ANNOUNCEMENTS "Be yourself; everyone else is already taken." (Oscar Wilde) October 4, 2021 City Council Minutes Page 6 CLOSED SESSION An Executive Session was noticed with less than 24 hours' notice as required by Section 610.020(2) RSMo. to discuss legal issues brought to the City's attention relating to annexation after the Agenda was posted . At 7:20 p.m ., Councilmember Kaylor moved for the Council go into closed session pursuant to Section 610.021(1) and (2) Revised Statutes of Missouri, for the purpose of privileged communications between a governmental body or its representative and legal counsel relating to litigation and real estate, 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 Ericson and carried with the following votes: Culpepper - Aye Fowler-Aye Kaylor-Aye Ericson - Aye Lievsay - Aye Edmondson - Aye Mayor Ross - Aye CITY OF BLUE SPRINGS Carson Ross , Mayor