City Council Agendas

CITY OF BLUE SPRINGS, MISSOURI MINUTES OF COUNCIL MEETING DECEMBER 6, 2021 A meeting of the City Council of the City of Blue Springs, Missouri, was held on Monday, December 6, 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 - ABSENT 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. Councilmember Fowler requested Item 3j, Blue Springs Logistics, to be pulled from the Consent Agenda for separate consideration. CONSENT AGENDA Councilmember Edmondson moved to approve the following Consent Agenda items and the motion was seconded by Councilmember Lievsay. • Minutes of the November 15, 2021 City Council Meeting • Resolution No. 106-2021 approving the disposition of Information Technology and Police 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. 107-2021 approving a purchase of a 2022 Wheel Loader, CIP project WA-03, in the amount of $149,952.00 with a trade-in of $60,000.00 leaving a final cost of $89,952.00 from Innovative Equipment Services 2 LLC dba The Victor L Phillips Company • Resolution No. 108-2021 entering into a contract in the amount not to exceed $140,000.00 annually with BC Mowing & Tilling, LLC for City Park mowing services • Resolution No. 109-2021 approving a contract in the amount of $2,862.43 annually with Eagles Ridge Multi Family Homeowner's Association, for the installation and maintenance costs for a total of 17 ornamental streetlights • Resolution No. 110-2021 approving a contract in the amount of $2,870.66 annually with Eagles Ridge Homeowners Association II, Inc. for ornamental streetlights, nullifying and superseding the prior Contract 2018-147 .1 R for the installation and maintenance costs for a total of 19 ornamental streetlights • Resolution No. 111-2021 approving a purchase in the amount of $132,954.00 from Summit Truck Group of Missouri, LLC dba Summit Truck Group for a 2021/2022 Heavy Duty Dump Truck December 6, 2021 City Council Minutes Page 2 36,000 GVW, single axle 6x2 complete with hydraulics and dump bed • Resolution No. 112-2021 approving Settlement Participation Forms with Johnson & Johnson, Janssen Pharmaceuticals, Inc., and Ortho-McNeil-Janssen Pharmaceutica, Inc., in opioid litigation • Resolution No. 113-2021 approving Settlement Participation Forms with McKesson Corporation, Cardinal Health, Inc., and Amerisource Bergen Corporation in opioid litigation The above Consent Agenda items were approved with the following vote: Kaylor-Aye Ericson - Aye Lievsay - Aye Edmondson - Aye Fowler-Aye Culpepper - ABSENT Mayor Ross - Aye ITEM 3j - BLUE SPRINGS Doug Jones of HSA Commercial was present and answered questions LOGISTICS from Council regarding their acquisition of the Blue Springs 70 Logistics property and stated the property has been fully leased. Sid Douglas of Gilmore & Bell, the City's bond and economic development counsel, addressed questions from the Council. After discussion, Councilmember Fowler moved to approve Resolution No. 114-2021 approving an Assignment and Assumption Agreement, subordination of the City's fee interest to a Deed of Trust, and an Estoppel Certificate between the City of Blue Springs and Blue Springs 70 Logistics LLC to transfer and assign its rights and obligations under the Plan for an Industrial Development Project and Cost-Benefit Analysis for Blue Springs 70 Logistics LLC, Development and Performance Agreement and Bond Documents, and requests the City's consent to such assignment. Motion seconded by Councilmember Kaylor and carried unanimously. PUBLIC HEARING - Mayor Ross opened the Public Hearing to consider rezoning from REZONING (RZ-09-21- Service Office/Planned Unit Development Restricted Overlay, 7963) AND PLANNED UNIT Regional Commercial/Restricted Overlay, and Central Business/ DEVELOPMENT CONCEPT Restricted Overlay to Single-Family/Planned Unit Development/ PLAN (PUDC-09-21-7964) Restricted Overlay (RZ-09-21-7963) and approve a Planned Unit FOR THE RETREAT AT CHAPMAN FARMS Development Concept Plan to develop a 57-lot single-family subdivision on 26.29 +\- acres generally located east of SW 7 Highway, south of SW Chapman Farms Drive, west of SW Lake Side Drive, and north of SW Mason School Road (PUDC-09-21-7964) at 6:10 p.m. The public hearing was opened, testimony taken, and continued on October 18, 2021 and continued from the November 15, 2021 meeting without any additional testimony. The minutes of the public hearing were recorded by a certified court reporter. City Clerk Sheryl Morgan entered one additional exhibit into the record. City Attorney Jacqueline Sommer asked the Council to take notice of the previous exhibits and testimony entered into the record during the prior public hearing. December 6, 2021 City Council Minutes Page 3 STAFF REPORT Assistant Director of Community Development Matt Wright reviewed the details of the changes to the proposed rezoning and Planned Unit Development Concept Plan from the previous public hearing and addressed questions from the Council. APPLICANT Bradley Kempf and Chris Holmquist spoke on behalf of the applicant, Summit Homes. The Mayor hearing no comments for or against, closed the public hearing at 6:32 p.m. INTRODUCTION AND 1sr Councilmember Edmondson introduced Bill No. 4926 rezoning from READING - BILL NO. 4926 Service Office/Planned Unit Development Restricted Overlay, - REZONING FOR THE Regional Commercial/Restricted Overlay, and Central Business/ RETREAT AT CHAPMAN Restricted Overlay to Single-Family/Planned Unit Development/ FARMS (RZ-09-21-7963) Restricted Overlay of 26.29 +\- acres generally located east of SW 7 Highway, south of SW Chapman Farms Drive, west of SW Lake Side Drive, and north of SW Mason School Road (RZ-09-21-7963). City Clerk Sheryl Morgan made the first reading of Bill No. 4926 by title; copies of the proposed Bill having previously been made available to the public. Councilmember Fowler moved to approve Bill No. 4926 upon its first reading and proceed with the second reading. Motion seconded by Councilmember Kaylor and failed with the following vote: Lievsay- No Edmondson - Aye Fowler- No Culpepper - ABSENT Ericson - No Kaylor- No Mayor Ross - No INTRODUCTION AND 1sr Councilmember Edmondson introduced Bill No. 4927 approving a READING - BILL NO. 4927 Planned Unit Development Concept Plan to develop a 57-lot single- - PLANNED UNIT family subdivision on 26.29 +\- acres generally located east of SW 7 DEVELOPMENT CONCEPT Highway, south of SW Chapman Farms Drive, west of SW Lake Side PLAN FOR THE RETREAT Drive, and north of SW Mason School Road (PUDC-09-21-7964). City AT CHAPMAN FARMS (PUDC-09-21-7964) Clerk Sheryl Morgan made the first reading of Bill No. 4927 by title; copies of the proposed Bill having previously been made available to the public. Councilmember Fowler moved to approve Bill No. 4927 upon its first reading and proceed with the second reading. Motion seconded by Councilmember Kaylor and failed with the following vote: Fowler- No Culpepper - ABSENT Ericson - No Kaylor- No Edmondson -Aye Lievsay- No Mayor Ross - No PUBLIC HEARING - Mayor Ross opened the Public Hearing to consider rezoning from REZONING (RZ-09-21- Two-Family/Planned Unit Development/Restricted Overlay, General 7956) AND PLANNED Business, Service Office, and Neighborhood Business to Low Density DEVELOPMENT CONCEPT Multi-Family/Planned Development and Neighborhood Business/ PLAN (PDC-09-21-7957) December 6, 2021 City Council Minutes Page 4 FOR CHAPMAN RIDGE Planned Development (RZ-09-21-7956) and approval of a Planned PHASE 2 Development Concept Plan for the development of a 66-unit townhouse community with a mix of duplexes and fourplexes and amenities and a 24,560-sf. neighborhood business center for the subject property located north of SE Colbern Road east and west of SE Chapman Ridge Drive and covers 14.20 +/- acres, of which, 11.42 +/- acres is included in the rezoning request (PDC-09-21-7957) at 6:33 p.m. The public hearings were continued from the October 18, 2021 and November 15, 2021 Council meetings without any testimony given. 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 Planned Development Concept Plan and addressed questions from the Council. APPLICANT Tyler Sallee was present and reviewed the changes from the previous submission and answered Council questions. The Mayor hearing no comments for or against, closed the public hearing at 6:50 p.m. INTRODUCTION AND 1ST Councilmember Edmondson introduced Bill No. 4928 rezoning from READING - BILL NO. 4928 Two-Family/Planned Unit Development/Restricted Overlay, General - REZONING FOR Business, Service Office, and Neighborhood Business to Low Density CHAPMAN RIDGE PHASE Multi-Family/Planned Development and Neighborhood Business/ 2 (RZ-09-21-7956) Planned Development for the subject property located north of SE Colbern Road, east and west of SE Chapman Ridge Drive and covers 14.20 +/- acres, of which, 11.42 +/- acres is included in the rezoning request (RZ-09-21-7956). City Clerk Sheryl Morgan made the first reading of Bill No. 4928 by title; copies of the proposed Bill having previously been made available to the public. Councilmember Fowler moved to approve Bill No. 4928 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. 4928 by title. 4928 Councilmember Fowler moved to adopt Bill No. 4928 upon its second reading and give it ORDINANCE NO. 5063, with a copy attached hereto and made a part of the minutes. Motion seconded by Councilmember Lievsay and carried with the following vote: Ericson - Aye Kaylor-Aye Edmondson - Aye Lievsay - Aye Culpepper - ABSENT Fowler-Aye Mayor Ross - Aye INTRODUCTION AND 1ST Councilmember Edmondson introduced Bill No. 4929 approving a READING - BILL NO. 4929 Planned Development Concept Plan for the development of a 66-unit - PLANNED townhouse community with a mix of duplexes and fourplexes and DEVELOPMENT CONCEPT amenities and a 24,560-sf. neighborhood business center for the December 6, 2021 City Council Minutes Page 5 PLAN FOR CHAPMAN subject property located north of SE Colbern Road, east and west of RIDGE PHASE 2 SE Chapman Ridge Drive and covers 14.20 +/- acres, of which, 11.42 +/- acres is included in the rezoning request (PDC-09-21-7957). City Clerk Sheryl Morgan made the first reading of Bill No. 4929 by title; copies of the proposed Bill having previously been made available to the public. Councilmember Fowler moved to approve Bill No. 4929 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. 4929 by title. 4929 Councilmember Fowler moved to adopt Bill No. 4929 upon its second reading and give it ORDINANCE NO. 5064, with a copy attached hereto and made a part of the minutes. Motion seconded by Councilmember Lievsay and carried with the following vote: Edmondson - Aye Lievsay - Aye Culpepper - ABSENT Fowler-Aye Kaylor-Aye Ericson - Aye Mayor Ross - Aye INTRODUCTION AND 1ST Councilmember Kaylor introduced Bill No. 4930 amending Section READING - BILL NO. 4930 365.080 of the Code of Ordinances, City of Blue Springs, Missouri, to - AMEND CODE OF restrict parking or storage of boat trailers and boats on residential ORDINANCES streets. City Clerk Sheryl Morgan made the first reading of Bill No. RESTRICTING PARKING 4930 by title; copies of the proposed Bill having previously been made OR STORAGE OF BOATS AND BOAT TRAILERS available to the public. Councilmember Fowler moved to approve Bill No. 4930 upon its first reading and proceed with the second reading. Motion seconded by Councilmember Lievsay. MOTION TO AMEND BILL Councilmember Kaylor moved to amend Bill No. 4930 in Section NO. 4930 365.080.A.1.b by adding the words "flatbed trailer, enclosed trailer," after the word "operational" and by adding the words", trailer, or boat" after the second mention of the phrase "recreational vehicle". Motion seconded by Councilmember Edmondson and, after Council discussion, carried unanimously. VOTE ON 15 r READING OF The first reading of Bill No. 4930, as amended, carried unanimously. BILL NO. 4930 AS AMENDED 2ND READING - BILL NO. Ms. Morgan made the second reading of Bill No. 4930, as amended 4930, AS AMENDED by title. Councilmember Fowler moved to adopt Bill No. 4930, as amended upon its second reading and give it ORDINANCE NO. 5065, with a copy attached hereto and made a part of the minutes. Motion seconded by Councilmember Ericson and carried with the following vote: Culpepper - ABSENT Fowler-Aye Kaylor-Aye Ericson - Aye December 6, 2021 City Council Minutes Page 6 Lievsay-Aye Edmondson - Aye Mayor Ross - Aye INTRODUCTION AND 1ST Councilmember Edmondson introduced Bill No. 4931 repealing and READING - BILL NO. 4931 replacing Section 125.260, Court Costs and Surcharges, of the Code - AMEND CODE OF of Ordinances, City of Blue Springs, Missouri, to update the collection ORDINANCES TO UPDATE of certain court costs. City Clerk Sheryl Morgan made the first reading THE COLLECTION OF of Bill No. 4931 by title; copies of the proposed Bill having previously CERTAIN COURT COSTS been made available to the public. Councilmember Fowler moved to approve Bill No. 4931 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. 4931 by title. 4931 Councilmember Fowler moved to adopt Bill No. 4931 upon its second reading and give it ORDINANCE NO. 5066, 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 - ABSENT Ericson - Aye Kaylor-Aye Mayor Ross - Aye INTRODUCTION AND 1ST Councilmember Edmondson introduced Bill No. 4932 amending READING - BILL NO. 4932 Chapter 105 Elections, of the Code of Ordinances, City of Blue - AMEND CODE OF Springs, Missouri, to update and clarify the City's municipal election ORDINANCES TO UPDATE requirements. City Clerk Sheryl Morgan made the first reading of Bill AND CLARIFY ELECTION No. 4932 by title; copies of the proposed Bill having previously been REQUIREMENTS made available to the public. Councilmember Fowler moved to approve Bill No. 4932 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. 4932 by title. 4932 Councilmember Fowler moved to adopt Bill No. 4932 upon its second reading and give it ORDINANCE NO. 5067, 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 - ABSENT Ericson - Aye Kaylor-Aye Edmondson -Aye Lievsay - Aye Mayor Ross - Aye INTRODUCTION AND 1ST Councilmember Edmondson introduced Bill No. 4933 amending Title READING - BILL NO. 4933 111, Schedule IV, Table IV-A Time Limit Parking of the Code of - AMEND CODE OF Ordinances, City of Blue Springs, Missouri, to amend a paragraph to ORDINANCES LIMITING prohibit parking on Main Street from 10th Street to the Illinois Central PARKING ON MAIN Gulf Railroad right of way, 2 a.m. to 6 a.m., on snow days; and delete STREET the portion limiting two-hour parking on Main Street from 9th Street to December 6, 2021 City Council Minutes Page 7 the Illinois Central Gulf Railroad right of way. City Clerk Sheryl Morgan made the first reading of Bill No. 4933 by title; copies of the proposed Bill having previously been made available to the public. Councilmember Fowler moved to approve Bill No. 4933 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. 4933 by title. 4933 Councilmember Fowler moved to adopt Bill No. 4933 upon its second reading and give it ORDINANCE NO. 5068, 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 - ABSENT Fowler-Aye Mayor Ross - Aye COUNCIL DISCUSSION - Councilmembers Edmondson and Kaylor led a discussion requesting SOLAR ORDINANCE the Council to make changes to the Code of Ordinances regarding solar panel placement to allow roof mounted units facing the City street. After discussion, Councilmember Edmondson stated he and Councilmember Kaylor will be working with staff to prepare a Bill with proposed amendments to Council for consideration at a later date. MAYORAL Senator Bob Dole from Kansas passed away at the age of 98. ANNOUNCEMENTS Mayor Ross expressed his appreciation for the support he received after the recent loss of his grandson, Adonis. Thoughts to Ponder: "I am enough of an artist to draw freely upon my imagination. Imagination is more important than knowledge. Knowledge is limited. Imagination encircles the world." (Albert Einstein) ADJOURNMENT At 7:17 p.m., there was no further business to come before the Council, Councilmember Kaylor moved the meeting be adjourned. Motion seconded by Councilmember Lievsay and carried unanimously. CITY OF BLUE SPRINGS ~ Carson Ross, Mayor