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City Council Agendas

Regular Meeting

Blue Springs, MO · March 4, 2024

AgendaMinutes

Minutes

CITY OF BLUE SPRINGS, MISSOURI MINUTES OF COUNCIL MEETING MARCH 4, 2024 A meeting of the City Council of the City of Blue Springs, Missouri, was held on Monday, March 4, 2024, 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 Christine Cates, Interim City Attorney John Mullane, and City Clerk Erin Ford. CALL MEETING TO Mayor Ross called the meeting to order at 6:00 p.m. and Classy ORDER AND Clovers 4-H Club led in the pledge of allegiance. The City Clerk CONFIRMATION OF confirmed a quorum of the Council was present. QUORUM CONSENT AGENDA Councilmember Edmondson moved to approve the following Consent Agenda items and the motion was seconded by Councilmember Ericson. • Minutes of the February 21, 2024 City Council Meeting • Resolution 14-2024 approving a purchase in the amount of $82,386.77 from Chefs Depot dba Culinary Depot for concession equipment for Blue Surf Bay Waterpark, CIP project PR-40. • Resolution 15-2024 approving Amendment #3 in the amount of $24,657.50 with Shawnee Mission Tree Services, Inc. dba Arbor Masters for Tree Services Contract No. 2021-078. This Amendment exceeds the administrative authority to approve contracts in Section 115.160 of the Blue Springs Code of Ordinances. • Resolution 16-2024 approving Amendment #5 to Contract No. 2015-138 in the amount of $45,000 with Central Power Systems and Services, Inc. now known as Central Power Systems and Services, LLC for Generator Maintenance and Repair. This Amendment #5 exceeds the administrative authority to approve contracts in Section 115.160 of the Blue Springs Code of Ordinances. • Resolution 17-2024 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. The above Consent Agenda items were approved with the following vote: Kaylor-Aye Ericson- Aye March 4, 2024 City Council Minutes Page 2 Lievsay - Aye Edmondson - Aye Fowler-Aye Culpepper - Aye Mayor Ross - Aye PUBLIC HEARING - Mayor Ross opened the Public Hearing to consider a rezone of the HOOT OWL MEADOWS property located at the southwest corner of E Wyatt Road and S REZONING AND Litchford Road from Agriculture - County to Single-Family Large Lot GENERAL (RZ-10-23-8939) at 6:04 p.m. The applicant is also requesting a DEVELOPMENT PLAN General Development Plan with Alternative Development Standards (RZ-10-23-8939) AND for 133.43 +/- acres to allow for 231 single-family lots and twelve open (GDP-10-23-8940) space tracts (GDP-10-23-8940) for Hoot Owl Meadows. The public hearing was continued from the December 18, 2023, January 16, 2024, and February 5, 2024 City Council meetings without testimony. The minutes of the public hearing were recorded by a certified court reporter. City Clerk Erin Ford entered one exhibit into the record. STAFF REPORT Senior Planner Adair Bright reviewed the details of the proposed Rezoning and General Development Plan and addressed questions from the Council. APPLICANT Applicant Justin Larkin was present and addressed questions from Council. IN OPPOSITION TO Becky Dowell Aholt, Karin Evans, David Knust, Adam Kriz, Tonya Parker, Jay Ryan, AJ Ali, Steve Lanier, Shirley Houghton, Steve Smith and Martin Underwood spoke in opposition. The Mayor hearing no further comments for or against, closed the public hearing at 7:24 p.m. INTRODUCTION AND Councilmember Culpepper introduced Bill No. 5194 approving a 1ST READING- BILL NO. rezoning of the property located at the southwest corner of E Wyatt 5194 - HOOT OWL Road and S Litchford Road from Agriculture - County to Single-Family MEADOWS REZONING Large Lot for Hoot Owl Meadows (RZ-10-23-8939). City Clerk Erin (RZ-10-23-8939) Ford made the first reading of Bill No. 5194 by title; copies of the proposed Bill having previously been made available to the public. Councilmember Fowler moved to approve Bill No. 5194 upon its first reading and proceed with the second reading. Motion seconded by Councilmember Kaylor. MOTION TO CONTINUE After Council discussion, Councilmember Lievsay moved to continue the Hoot Owl Meadows Rezoning (RZ-10-23-8939) and General Development Plan (GDP-10-23-8940) to the March 18, 2024 City Council meeting. Motion seconded by Councilmember Culpepper and carried with the following vote: Lievsay - Aye Edmondson - Aye Fowler-Aye Culpepper - Aye Ericson- Aye Kaylor-Aye Mayor Ross - Aye March 4, 2024 City Council Minutes Page 3 PRESENTATION - CODE Senior Director of City Development Mike Mallon presented a AMENDMENT proposed Ordinance related to backyard chickens and addressed REGARDING BACKYARD questions from Council. CHICKENS INTRODUCTION AND Councilmember Culpepper introduced Bill No. 5196 approving a Bill 1ST READING - BILL NO. Amending Chapter 215: Dogs, Cats, and Dangerous Animals, of the 5196 - CODE Code of Ordinances, adding Section 215.127: Regulation of Backyard AMENDMENT Chickens and amending Section 215.125 Livestock and Farm Animals REGARDING BACKYARD and Section 215.030 Number of Animals - Residential Restriction. City CHICKENS Clerk Erin Ford made the first reading of Bill No. 5196 by title; copies of the proposed Bill having previously been made available to the public. Councilmember Fowler moved to approve Bill No. 5196 upon its first reading and proceed with the second reading. Motion seconded by Councilmember Kaylor. MOTION TO AMEND • Councilmember Culpepper moved to amend the table in Section CARRIED 215.127 - F.4b to change the maximum height of chicken structures from ten feet to seven feet. Motion seconded by Councilmember Ericson and carried, with Councilmember Lievsay voting no. SECOND MOTION TO Councilmember Lievsay moved to amend the table in Section 215.127 AMEND - FAILED - F.2a lot size requirement from 0.20-0.49 acres to 0.20-0.99 acres. Motion seconded by Councilmember Edmondson and failed with the following vote: Fowler-Aye Culpepper - Nay Ericson - Nay Kaylor- Nay Edmondson - Aye Lievsay - Aye Mayor Ross - Nay THIRD MOTION TO Councilmember Lievsay moved to amend Section 215.127 - F.4d to AMEND - FAILED remove the requirement of a six-foot fence. Motion seconded by Councilmember Edmondson and failed with the following vote: Ericson - Nay Kaylor- Nay Edmondson - Aye Lievsay - Aye Culpepper - Nay Fowler-Aye Mayor Ross - Nay FOURTH MOTION TO Councilmember Lievsay moved to amend Section 215.127 - C. AMEND - CARRIED Definitions to expand the definition of backyard chickens to include ducks. Motion seconded by Councilmember Edmondson and carried with the following vote: Edmondson - Aye Lievsay - Aye Culpepper - Aye Fowler-Aye Kaylor- Nay Ericson - Nay Mayor Ross - Nay March 4, 2024 City Council Minutes Page 4 FIFTH MOTION TO Councilmember Fowler moved to amend Bill No. 5196 to remove the AMEND - FAILED requirement for a permit and inspection. Motion seconded by Councilmember Lievsay and failed with the following vote: Culpepper - Nay Fowler - Aye Kaylor - Nay Ericson - Nay Lievsay - Aye Edmondson - Aye Mayor Ross - Nay SIXTH MOTION TO Councilmember Fowler moved amend Section 215.127 - C. AMEND - CARRIED Definitions to include Supervision as, "Under supervision shall mean that an owner, keeper, harborer or maintainer of an animal is in a position which allows him to maintain visual contact with the animal and allow him to readily respond to the event that a threat is posed to the animal or the animal poses a threat to another human being or animal." Motion seconded by Councilmember Culpepper and carried unanimously. SEVENTH MOTION TO Councilmember Ericson moved to amend the table in Section 215.127 AMEND - CARRIED - F.2a for lots with three or more acres to have any chickens or enclosure 400 feet from the nearest property. 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 VOTE ON FIRST Bill 5196, as amended four times, failed on the first reading with the READING OF BILL 5196, following vote: AS AMENDED FOUR TIMES Lievsay - Nay Edmondson - Aye Fowler- Nay Culpepper - Aye Ericson - Nay Kaylor- Nay Mayor Ross - Nay VISITORS Jennifer Irey spoke on behalf of the Citizens for Backyard Hens. MAYORAL ThoughtstoPonde~ ANNOUNCEMENTS "Did you know that the human voice is the only pure instrument? That it has notes no other instrument has? It's like being between the keys of a piano. The notes are there, you can sing them, but they can't be found on any instrument." (Nina Simone) March 4, 2024 City Council Minutes Page 5 ADJOURNMENT At 8:42 p.m ., there was no further business to come before the Council, Councilmember Lievsay moved the meeting be adjourned . Motion seconded by Councilmember Ericson and carried unanimously. CITY OF BLUE SPRINGS ATTEST ~✓ rin Ford, {fl ikA Cltylerk Carson Ross, Mayor

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