CITY OF BLUE SPRINGS, MISSOURI MINUTES OF COUNCIL MEETING MAY 18, 2009 AGENDA

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1 CITY OF BLUE SPRINGS, MISSOURI MINUTES OF COUNCIL MEETING MAY 18, 2009 AGENDA A meeting of the City Council of the City of Blue Springs, Missouri, was held Monday, May 18, 2009, 6:30 p.m. in the Multipurpose Room of the Howard L. Brown Public Safety Facility, 1100 SW Smith Street, with Mayor Carson Ross presiding. COUNCILMEN IN ATTENDANCE Jeanie Lauer Sissy Reed Ron Fowler Lyle Shaver Kent Edmondson Sheila Solon Also present were City Administrator Eric Johnson and Assistant City Clerk Sheryl Morgan. CALL MEETING TO ORDER PLEDGE OF ALLEGIANCE MAYOR COMMENTS APPROVE PREVIOUS MINUTES Mayor Ross called the City Council Meeting to order. The Mayor held a moment of silence and the Scouts of Troop 603 from the First Baptist Church led the audience in the Pledge of Allegiance. Mayor Ross gave a brief recap of the meeting agenda and explained the Consent Agenda. The Mayor said that Public Hearing on the Oaks at Woods Chapel Community Improvement District (Item 9) will be held prior to the introduction of Bill No Amending Woods Chapel Tax Increment Financing Plan (Item 8). Councilman Reed moved to approve the minutes of the May 4, 2009 Council meeting as submitted in writing. Motion seconded by Councilman Lauer and carried with the APPROVE CHECK REGISTERS Councilman Reed moved to approve the check registers for invoices scheduled to be paid May 18, Motion seconded by Councilman Lauer and carried with the APPROVE LIQUOR LICENSE THE KEG Councilman Reed moved to approve a new liquor license for The Keg, LLC, d/b/a The Keg, 1123 W. Main Street, to sell intoxicating liquors by the drink for consumption on premises and Sunday retail. Motion seconded by Councilman Lauer and carried with the

2 COUNCIL MINUTES MAY 18, 2009 PAGE 2 NO DARE COMBAT AGREEMENT Councilman Reed moved to adopt Resolution No approving an agreement with Jackson County, Missouri for a grant to provide Drug Abuse Resistance Education (DARE) training in the Blue Springs School District Elementary Schools. Motion seconded by Councilman Lauer and carried with the NO PREVENTION COMBAT AGREEMENT Councilman Reed moved to adopt Resolution No approving an agreement with Jackson County, Missouri for a grant to reimburse existing salaries and benefits of two Campus Law Enforcement Education Officers in the Blue Springs School District Elementary Schools. Motion seconded by Councilman Lauer and carried with the NO WARD PARK TRAIL RECONSTRUCTION Councilman Reed moved to adopt Resolution No approving an agreement with Shafer, Kline & Warren, Inc. for survey, preliminary plans, and Plans, Specifications and Engineering documents related to the Ward Park Trail reconstruction project. Motion seconded by Councilman Lauer and carried with the NO GEMS MAINTENANCE Councilman Reed moved to adopt Resolution No approving the expenditure of funds to renew the annual maintenance and support for the GEMS application with Harris MSGovern. The GEMS application is used primarily for Finance and Human Resource management. Motion seconded by Councilman Lauer and carried with the NO SUPPORT FOR PUBLIC SAFETY GRANTS Councilman Reed moved to adopt Resolution No authorizing the support for the Police Department to pursue grants through the Missouri State and Federal Byrne application processes. If received, the grants would provide funds for two traffic officers, three civilian detention service officers, and one crime analyst. Motion seconded by Councilman Lauer and carried with the

3 COUNCIL MINUTES MAY 18, 2009 PAGE 3 NO CLICK IT OR TICKET GRANT Councilman Reed moved to adopt Resolution No approving an agreement with the Missouri Safety Center to provide law enforcement services for the promotion of highway safety through the participation in the national Click It or Ticket Enforcement campaign with a grant in the amount of $1, Motion seconded by Councilman Lauer and carried with the INTRODUCTION CHAMBER OF COMMERCE LEADERSHIP CLASS PRESENTATION PUBLIC ART COMMISSION PRESENTATION 2007 CITIZEN SURVEY RESULTS Lara Vermillion introduced the Chamber of Commerce Leadership Class. They were: Gina Goodwin of HSMC Certified Public Accountants, Dave Arlint of Central Jackson County Fire Protection District, Bryan Allen of Harvest Chiropractic Clinic, Roy Breen of Lunar Bowl, Justin Moore of Metcalf Bank, Eddie Saffell of Central Jackson County Fire Protection District, David Downs of Pro Computer Solutions, Sam Guffey of Blue Springs High School, Brian Geraghty of Blue Springs South High School, Doug Mattson of Blue Springs South High School, Sam Gilkey of Blue Springs School District, David Ewigman of Haldex Brake Products, Ellen Watley, Donna Best of First American Title, April Lanpher of Community America Credit Union, John Kingsolver of the City of Blue Springs, Kathy Richardson of the City of Blue Springs, and Steve Willman of the City of Blue Springs. Commission Eleanor Frasier, Chair of the Blue Springs Public Art Commission gave a brief presentation on the 2009 Temporary Art Exhibit entitled "Serendipity," located on the campus of St. Mary's Medical Center. Ms. Frasier stated this is the first time the Public Art Commission has partnered with private enterprise to exhibit art. The dedication of the temporary exhibit will be Tuesday, June 9, at 6:00 p.m. at St. Mary's Medical Center Memorial Garden. Ms. Frasier extended an invitation to the Mayor, Council and public to attend the dedication ceremony. Chris Tathum from the ETC Institute reviewed the final report of the 2009 Citizen Survey results. The survey was administered by mail and phone to a random sample of 822 residents during the spring of The sample was designed to ensure that the results would be representative of each of the City s three council districts. Mr. Tatham reviewed benchmarking data received throughout the country, stating the data is mainly based from the Kansas City area. The methodology is used consistently each time and the data is geocoded by the location of the responses. Mr. Tatham reviewed the overall ratings and how responses are rated on a scale of 1-5. The overall results of the survey have a precision of at least +/- 3.4% at the 95% level of confidence. Mr. Tathem stated that overall satisfaction with City services has improved greatly during the past two years. Of the 87 areas that were assessed on the survey, 75 areas improved, indicating residents think the City leaders are moving the City in the right direction. Fourteen areas improved by 10% or more from the 2007 survey results. Changes of 4% or more are considered statistically significant changes. Mr. Tathem stated this type of improvement should be considered a phenomenal accomplishment for the City, as the same survey areas nationwide have recently decreased by 6%. Ratings for two

4 COUNCIL MINUTES MAY 18, 2009 PAGE 4 survey areas declined by 10% or more. Services that residents thought should receive the most emphasis over the next two years are maintenance of City streets and the flow of traffic and congestion. 1 ST READING BILL NO FINAL PLAT FIKE CORPORATION, 1 st PLAT, LOT 1 & TRACT A (PF ) BILL NO Councilman Reed introduced Bill No approving the final plat of Fike Corporation, 1 st Plat, Lot 1 & Tract A. Mr. Johnson made the first reading of Bill No. 4050, by title; copies of the proposed Bill having previously been made available to the public. Councilman Fowler moved to approve Bill No upon its first reading and proceed with the second reading. Motion seconded by Councilman Edmondson and carried unanimously. Mr. Johnson made the second reading of Bill No. 4050, by title. Councilman Fowler moved to adopt Bill No. 4050, upon its second reading and give it ORDINANCE NO. 4234, with a copy attached hereto and made a part of the minutes. Motion seconded by Councilman Edmondson and carried with the PUBLIC HEARING OAKS AT WOODS CHAPEL COMMUNITY IMPROVEMENT DISTRICT STAFF REPORT The Mayor opened the public hearing on a request by I-70 Partners, LLC for establishing the Oaks at Woods Chapel Community Improvement District (CID) and approving a Cooperative Agreement with the CID. The minutes of the public hearing were recorded by a certified court reporter. Jennifer Baird of Williams and Campo, special council for the City, outlined the three proposed Ordinances before the Council for consideration. Under the previously approved Woods Chapel TIF Plan and TIF Agreement, the named developer (Woods Chapel Redevelopment LLC) was required to establish a CID to help pay for reimbursable costs. Woods Chapel Redevelopment LLC sold their interest in the property to I-70 Partners, LLC, and I-70 Partners has agreed to implement the TIF Plan. The Ordinances for consideration would (1) amend Ordinance No designating I-70 Partners, LLC as the Developer of the TIF Plan and approve a TIF Contract with I-70 Partners; (2) approve a Petition and establish the Oaks at Woods Chapel CID; and approve a Cooperative Agreement among the City, the Oaks at Woods Chapel CID and I- 70 Partners, LLC. The CID would impose a 1% sales tax which would run the length of the approved TIF Plan (33 years or until all improvements have been paid). The CID Petition was amended on May 15, 2009, prior to the public hearing. The most significant change to TIF Contract relates to road improvements, specifically, the City would construct the Woods Chapel road improvements required under the TIF Plan and be reimbursed by the TIF. The developer and the City will split equally all TIF and CID revenue until the City is reimbursed for the Woods Chapel improvements up to $2,142,525. Councilmen Solon and Fowler questioned the need for the Woods Chapel improvements to be included in the CID since the voters approved the bond issuance for Woods Chapel improvements last fall. City Administrator Eric

5 COUNCIL MINUTES MAY 18, 2009 PAGE 5 Johnson stated that at the time the project was considered over a year ago, it was staff s intent that this project help fund the improvements on Woods Chapel. This was the only funding mechanism at the time because the bond issuance had not yet been submitted to the voters. It is staff s recommendation that the Council continue to try to capture the project revenues and make it available to leverage the bond funds and extend the improvements on Woods Chapel as far to the south as possible. Staff believes it is in the City s best interests to own the process going forward for improvements on Woods Chapel, so that changes in the market impacting the developer moving forward with the improvements would not affect the commitment made for improvements on Woods Chapel. Mayor Ross stated that the previous developer would have made improvements to that parcel of land. The bond issue would extend improvements to Duncan Road and would pick up where the developer improvements stopped at Valley View and take as far south as we could. Assistant City Administrator Todd Pelham stated the CID funds will fund the improvements listed in the CID Petition and Cooperative Agreement, and the bonds will give extra capacity to make improvements further south on Woods Chapel. APPLICANT Chase Simmons, attorney for the property owner and applicant, I-70 Partners LLC, reiterated the changes to the agreement from the March TIF Commission hearing. Mr. Simmons stated the CID was called for in the original TIF Plan because it would lessen the amount of time the TIF is in place. The CID, under the original TIF Plan, was not shown as paying for any of the Woods Chapel improvements; the CID was only to pay for on-site improvements and TIF funds were to pay for the Woods Chapel improvements. When I-70 Partners was going through the CID process and determining who would perform the improvements, the CID Petition was amended increasing the boundaries for the CID which would allow the City to receive quicker reimbursement for those Woods Chapel improvements. Mr. Simmons outlined the temporary improvements to the property access which would be removed once the permanent access is completed. Mr. Simmons stated the amended CID Petition submitted on May 15 gave the City two of the five Board of Directors positions, and changed the budget to account for the developer s responsibility for the traffic signal at Woods Chapel and NW Valley View. Dan Carr, applicant and property owner, was sworn in to address questions from the Council. DISCUSSION Councilmen Edmondson, Reed and Shaver disclosed they each previously met with the developer to discuss this project. Mr. Simmons confirmed that the current site plan is very similar to the original plan; locations of some buildings may have changed, but the square footage of the buildings is very similar. Councilman Lauer asked if a grocery store is still planned for the development and expressed concern about buildings remaining vacant. Councilman Fowler stated he would like to change the sequencing for the CID to make an incentive to the developer to get an anchor tenant. Mr. Simmons stated CVS Pharmacy is the only announced tenant for the development and the developer has no intention to build spec retail space on this property. Mr. Simmons stated that securing a grocery store is a high priority as it would help to attract other tenants and would assist the project financially.

6 COUNCIL MINUTES MAY 18, 2009 PAGE 6 Councilman Reed stated by implementing the CID and using the bonds, we are getting a lot more improvements on Woods Chapel because the City will be reimbursed for the improvements. Councilman Reed stated that in the 15 years she has been on the Council she has been attempting to get improvements on Woods Chapel. Mr. Simmons stated approximately 60% of the CID is anticipated coming from the grocery store. Councilman Edmondson asked for clarification that a grocery store was not necessarily required as the anchor tenant. Mr. Simmons confirmed that the requirement for the anchor tenant is 50,000-60,000 square foot, but a grocery store is what they would prefer because of its value to other tenants. Councilman Fowler stated his request to change the sequence of the CID would not change whether the City would be reimbursed for the improvements, but would only affect the timing when the CID would go into effect. City Administrator Eric Johnson stated once the public hearing on the CID petition is closed, no motions to amend the CID petition could be accepted; however motions for other amendments (TIF Contract or other items) could be accepted. City Attorney Bob McDonald clarified that if the CID component is changed or removed as far as the TIF Plan, it may require going back to the TIF Commission and could cause extreme delays in the project. Councilman Solon stated she would oppose the current CID request because the City now has the bond issue approved with no taxes to our citizens for the improvements on Woods Chapel and would continue to oppose CID pocket taxes. Mayor Ross clarified the tax is a user tax because you don t pay the tax unless you shop there, so it would be difficult to have a vote of the people because you don t know who would be shopping there. From the comments the Mayor has received since he came into office, people in that area want this and they are willing to pay. Councilman Shaver expressed concern for additional taxes on groceries, and said he will not support CID taxes on food in the future; however he will support this request because this project is too far down the road and doesn t want to lose the development on Woods Chapel Councilman Edmondson stated that the Council voted unanimously to approve the Woods Chapel TIF Plan, and when the bond issue was discussed it included improvements to Woods Chapel. Councilman Edmondson stated that one point made in the bond issuance was that the City would move as far south on Woods Chapel with road improvements as possible and referenced the Citizens Survey results regarding road and traffic congestion. Councilman Edmondson said the constituents in his District have been asking for this for some time and the majority of them are willing to pay for it. Councilman Lauer stated this project came prior to the bond issue and the CID was part of the original plan with the original developer and then the bond issue came after the agreement with the developer. Councilman Fowler stated the Council has no obligation to this developer, but with the previous developer who has walked away from the project. MOTION TO AMEND CID FAILED Councilman Fowler moved to amend the CID to not go into effect until an anchor tenant is provided. The motion died for a lack of a second.

7 COUNCIL MINUTES MAY 18, 2009 PAGE 7 The Mayor hearing no further comments for or against closed the public hearing at 8:25 p.m. MEETING RECESSED & RECONVENED 1ST READING BILL NO AMENDING WOODS CHAPEL TAX INCREMENT FINANCING PLAN DISCUSSION BILL NO The Mayor recessed the meeting at 8:25 p.m. to enable the tape to be changed for recording the meeting. At 8:30 p.m. the Mayor reconvened the meeting. Councilman Reed introduced Bill No amending Ordinance No. 4165, and designating I-70 Partners, LLC as the Developer of the Woods Chapel Tax Increment Financing Plan and Redevelopment Projects 1, 2, and 3, and approving a Tax Increment Financing Contract between the City and I-70 Partners, LLC. Mr. Johnson made the first reading of Bill No. 4051, by title; copies of the proposed Bill having previously been made available to the public. Councilman Fowler moved to approve Bill No upon its first reading and to proceed to the second reading. Motion seconded by Councilman Edmondson and carried with a unanimous vote after discussion. Councilman Solon and Fowler stated they will be supporting the TIF but couldn t support the CID. Mr. Johnson made the second reading of Bill No. 4051, by title. Councilman Solon moved to adopt Bill No upon its second reading and give it ORDINANCE NO. 4235, with a copy attached hereto and made a part of these minutes. Motion seconded by Councilman Shaver and carried with the 1ST READING BILL NO COMMUNITY IMPROVEMENT DISTRICT BILL NO Councilman Reed introduced Bill No approving the Petition and establishment of the Oaks at Woods Chapel Community Improvement District, as amended May 15, Mr. Johnson made the first reading of Bill No. 4052, by title; copies of the proposed Bill having previously been made available to the public. Councilman Reed moved to approve Bill No upon its first reading and to proceed to the second reading. Motion seconded by Councilman Lauer and carried with a 4-2 vote. Mr. Johnson made the second reading of Bill No. 4052, by title. Councilman Reed moved to adopt Bill No upon its second reading and give it ORDINANCE NO. 4236, with a copy attached hereto and made a part of these minutes. Motion seconded by Councilman Edmondson and carried with the Edmondson - Aye Solon NO Reed - Aye Fowler NO 1ST READING BILL NO COOPERATIVE AGREEMENT WITH Councilman Reed introduced Bill No approving the Cooperative Agreement with the Oaks at Woods Chapel Community Improvement District and I-70 Partners, LLC. Mr. Johnson made the first reading of Bill No. 4053, by title; copies of the proposed Bill having previously been made available to

8 COUNCIL MINUTES MAY 18, 2009 PAGE 8 COMMUNITY IMPROVEMENT DISTRICT the public. Councilman Fowler moved to approve Bill No upon its first reading and to proceed to the second reading. Motion seconded by Councilman Edmondson and carried with 5-1 vote. BILL NO Mr. Johnson made the second reading of Bill No. 4053, by title. Councilman Fowler moved to adopt Bill No upon its second reading and give it ORDINANCE NO. 4237, with a copy attached hereto and made a part of these minutes. Motion seconded by Councilman Edmondson and carried with the Edmondson - Aye Solon NO Reed - Aye PUBLIC HEARING OAKS AT WOODS CHAPEL PUD (PUDC ) (continued to June 1 Council meeting) MOTION TO CONTINUE DISCUSSION AMENDING CDBG ACTION PLAN The Mayor opened the public hearing on the Oaks at Woods Chapel PUD (PUDC ) and stated at the request of staff the public hearing would be continued to the June 1 Council meeting and a motion was in order. Councilman Lauer made a motion to continue the public hearing on the Oaks at Woods Chapel PUD (PUDC ) to the June 1 Council meeting. Motion seconded by Councilman Reed and carried with a unanimous vote. Scott Allen, Director of Community Development, stated that at the May 4 Council meeting, staff reviewed the Community Development Block Grant and the Energy Efficiency and Conservation Block Grant Programs. The City of Blue Springs is expected to receive approximately $61,000 from the American Recovery and Reinvestment Act (ARRA) stimulus funds program. Mr. Allen stated that the Hearnes Street sidewalk project (from Range to 15 th Street) is shovel-ready as required by the ARRA program. Staff is proposing an amendment to the CDBG Annual Action Plan to include the Hearnes Street sidewalk project. The Hearnes Street sidewalk project has an estimated cost of $50,000. Any remaining funds would be used to further extend previously approved sidewalk projects. If Council approves this proposal, a Public Hearing will be scheduled for the June 1 Council meeting and a proposed Resolution will be presented at that time. Councilman Shaver asked whether the City has adequate easement along the proposed property. Mr. Allen confirmed there is adequate easement and stated the available right of way is one reason this project was identified; this is not necessarily the case in some areas, such as north of Main on 10 th Street. Councilman Edmondson asked if there were any plans to continue past Vesper. Mr. Allen stated there were plans, but confirmed the right of way is an issue there and the City continues to work with property owners. 1 ST READING - BILL NO AMENDING ANNUAL BUDGET Councilman Fowler introduced Bill No. 4054, amending the annual budget by increasing the previously adopted budget in the amount of $1,129, Mr. Johnson made the first reading of Bill No. 4054, by title; copies of the proposed Bill having previously been made available to the public. Councilman Fowler to approve Bill No upon its first reading and proceed with the second reading. Motion seconded by Councilman Edmondson

9 COUNCIL MINUTES MAY 18, 2009 PAGE 9 and carried unanimously. BILL NO Mr. Johnson made the second reading of Bill No. 4054, by title. Councilman Solon moved to adopt Bill No upon its second reading and give it ORDINANCE NO. 4238, with a copy attached hereto and made a part of these minutes. Motion seconded by Councilman Shaver and carried with the Reed - Aye Edmondson - Aye 1 ST READING BILL NO PUBLIC SAFETY CITIZENS ADVISORY BOARD BILL NO Councilman Fowler introduced Bill No. 4055, establishing the Public Safety Citizens Advisory Board. Mr. Johnson made the first reading of Bill No. 4055, by title; copies of the proposed Bill having previously been made available to the public. Councilman Fowler to approve Bill No upon its first reading and proceed with the second reading. Motion seconded by Councilman Edmondson and carried unanimously. Mr. Johnson made the second reading of Bill No. 4055, by title. Councilman Solon moved to adopt Bill No upon its second reading and give it ORDINANCE NO. 4239, with a copy attached hereto and made a part of these minutes. Motion seconded by Councilman Edmondson and carried with the Reed - Aye Edmondson - Aye 1ST READING BILL NO AMENDING ALCOHOLIC BEVERAGE ORDINANCE BILL NO Councilman Reed introduced Bill No amending Subsections G and H of the Blue Springs Code of Ordinances to clarify the licenses and sales set forth therein. Mr. Johnson made the first reading of Bill No. 4056, by title; copies of the proposed Bill having previously been made available to the public. Councilman Fowler moved to approve Bill No upon its first reading and proceed with the second reading. Motion seconded by Councilman Edmondson and carried unanimously. Mr. Johnson made the second reading of Bill No by title. Councilman Solon moved to adopt Bill No upon its second reading and give it ORDINANCE NO. 4240, with a copy attached hereto and made a part of these minutes. Motion seconded by Councilman Edmondson and carried with the Reed - Aye Edmondson - Aye MAYORAL ANNOUNCEMENTS MOTION TO GO City Hall will be closed on Monday, May 25, 2009 in honor of the Memorial Day holiday. The Planning Commission meeting regularly scheduled for Monday will be held on Wednesday, May 27, 2009 at 6:30 p.m. Councilman Edmondson moved the Council go into an executive session to

10 COUNCIL MINUTES MAY 18, 2009 PAGE 10 INTO CLOSED EXECUTIVE SESSION discuss real estate matters pursuant to Section (2) of the Revised Statutes of Missouri and the records remain closed. Motion seconded by Councilman Lauer and carried unanimously. MEETING RECESSED & RECONVENED Mayor Ross called a five-minute recess at 8:55 p.m. He convened the closed executive session at 9:00 p.m. MOTION TO RECONVENE ADJOURNMENT Councilman Edmondson moved to reconvene the regular meeting at 10:30 p.m. Motion seconded by Councilman Lauer and carried unanimously. As there was no further business to come before the Council, Councilman Edmondson moved the meeting be adjourned. Motion seconded by Councilman Lauer carried unanimously. Mayor Ross declared the meeting adjourned at 10:30 p.m. ATTEST: Carson Ross, Mayor Sheryl Morgan, Assistant City Clerk M