CITY OF BLUE SPRINGS, MISSOURI MINUTES OF COUNCIL MEETING AUGUST 16, 2010 AGENDA

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1 CITY OF BLUE SPRINGS, MISSOURI MINUTES OF COUNCIL MEETING AUGUST 16, 2010 AGENDA A meeting of the City Council of the City of Blue Springs, Missouri, was held Monday, August 16, 2010, 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 Chris Lievsay Ron Fowler Dale Carter Kent Edmondson Grant Bowerman Also present were City Administrator Eric Johnson, Assistant City Clerk Sheryl Morgan, and City Attorney Bob McDonald. CALL MEETING TO ORDER PLEDGE OF ALLEGIANCE MAYOR COMMENTS APPROVE CITY COUNCIL MINUTES Mayor Ross called the City Council Meeting to order. The Mayor held a moment of silence and led the audience in the Pledge of Allegiance. Mayor Ross gave a brief recap of the meeting agenda and explained the Consent Agenda. Mayor Ross stated that Item #18 Proclamation for Blue Springs Special Olympics Flag Football would be moved to immediately follow the Consent Agenda. Councilman Edmondson moved to approve the minutes of the August 4, 2010 Council meeting. Motion seconded by Councilman Carter and carried with the ADOPT RESOLUTION NO AUCTION SERVICES CONTRACT Councilman Edmondson moved to adopt Resolution No approving renewal of the existing contract with Affiliated Auctioneers, L.L.C. through August 14, 2011 for auction services to dispose of surplus and worn City vehicles and equipment. Motion seconded by Councilman Carter and carried with the ADOPT RESOLUTION NO DARE CONTRACT Councilman Edmondson 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 Carter and carried with the

2 COUNCIL MINUTES AUGUST 16, 2010 PAGE 2 APPROVE LIQUOR LICENSE ADAMS POINTE GOLF CLUB Councilman Edmondson moved to approve a liquor license to sell intoxicating liquors by the drink for consumption on premises, restaurant/lounge-bar and Sunday retail for Orion Management Solutions, d/b/a Adams Pointe Golf Club, located at 1601 NE RD Mize Road. Motion seconded by Councilman Carter and carried with the PROCLAMATION BLUE SPRINGS SPECIAL OLYMPICS FLAG FOOTBALL 2 ND READING - BILL NO and 4122 KCP&L OPERATING FRANCHISE AGREEMENTS PUBLIC HEARING SETTING 2010 PROPERTY TAX LEVY STAFF REPORT Mayor Ross presented a Proclamation to the Blue Springs Special Olympics Flag Football team for earning the first ever gold medal in flag football at the Special Olympics USA National Games which were held in July in Lincoln, Nebraska. Councilman Edmondson moved to table the second reading of Bill No Kansas City Power & Light Greater Missouri Operations Company Franchise Agreement, and Bill No Kansas City Power & Light Franchise Agreement to the September 8, 2010 City Council meeting. Motion seconded by Councilman Carter and carried unanimously. The Mayor opened the public hearing on the proposed 2010 property tax levy for the City of Blue Springs. The minutes of the hearing were recorded by a certified court reporter. Finance Director Christine Cates stated the levy amount was included in the proposed Fiscal Year budget. This levy represents no change from the levy adopted in The Mayor hearing no comments for or against closed the public hearing at 6:43 p.m. BILL NO PROPERTY TAX LEVY DISCUSSION BILL NO Councilman Lauer introduced Bill No setting the 2010 tax levy for the City of Blue Springs at $ per $100 assessed valuation. Mr. Johnson made the first reading of Bill No. 4125, 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 after discussion. Councilman Lauer expressed her appreciation for keeping the levy at the current level and not putting an additional burden on citizens. Mr. Johnson made the second reading of Bill No by title. Councilman Fowler moved to adopt Bill No upon its second reading and give it ORDINANCE NO. 4306, with a copy attached hereto and made a part of these minutes. Motion seconded by Councilman Bowerman and carried with the

3 COUNCIL MINUTES AUGUST 16, 2010 PAGE 3 PUBLIC HEARING - MAIN CENTER REDEVELOPMENT CORPORATION 7 TH AMENDED DEVELOPMENT PLAN A public hearing was held to consider the proposed Main Center Redevelopment Corporation 7 th Amended Development Plan, which declares a acre area as blighted pursuant to a blight study performed in February, 2008 and approves an application for 353 tax abatement filed by Jim Evans for the building located at 901 W. Main Street. The minutes of the hearing were recorded by a certified court reporter. STAFF COMMENTS COUNCIL DISCUSSION Paul Campo, of the law firm of Williams & Campo stated the 7 th Amendment includes an application filed by Jim Evans for the property located at 901 W. Main. This property was recently damaged by fire, and the proposal would cover exterior improvements to the property under Level C of the MCRC Policy for a 10-year abatement. Councilman Fowler stated he had an ex parte discussion with the School District, who indicated they had not been made aware of this application. Mayor Ross stated that the City has had conversations with the School District and they are not opposing this application. City Administrator Eric Johnson stated that by law all taxing entities, including the School District, received a notification that the application was being considered and of the public hearing. Mr. Johnson said the School District is on record as of March 2008 indicating their support for the program and the City did not receive any opposition relating to this particular proposal. There were no other comments from the public, and Mayor Ross closed the public hearing at 6:50 p.m. BILL NO MAIN CENTER CORPORATION 7 TH AMENDED DEVELOPMENT PLAN DISCUSSION BILL NO DISCUSSION: Councilman Edmondson introduced Bill No approving the Seventh Amended Main Center Development Plan Submitted by the Main Center Redevelopment Corporation Establishing a Declaration that the Redevelopment Area described within the Seventh Amended Development Plan is a Blighted Area in need of Development and Redevelopment, and Authorizing Certain Tax Abatements within the Redevelopment Area described within the Seventh Amended Development Plan. Mr. Johnson made the first reading of Bill No. 4126, by title; copies of the proposed Bill having previously been made available to the public. Councilman Edmondson moved to approve Bill No upon its first reading and proceed with the second reading. Motion seconded by Councilman Lauer and carried with Councilman Fowler voting NO after discussion. Councilman Fowler stated the address of the project being considered has been on the 353 program three times, including this application, for tax abatement. Mr. Johnson made the second reading of Bill No by title. Councilman Edmondson moved to adopt Bill No upon its second reading and give it ORDINANCE NO. 4307, with a copy attached hereto and made a part of these minutes. Motion seconded by Councilman Lievsay and carried with the following votes after discussion: Councilman Lauer stated the approved policy does not have a provision as to the number of times tax abatement would be allowed for a particular property. Paul Campo stated the property has only received abatement twice. The second time listed was $6,000 for improvement costs that were additional to the original project. The recent fire resulted in damages to the interior and exterior of the property. Applicant Jim Evans stated he started this process before the

4 COUNCIL MINUTES AUGUST 16, 2010 PAGE 4 fire. There was approximately $2,000 in fire damage to the exterior of the building; pursuant to MCRC policy, this abatement would only cover exterior improvements. The previous tax abatement was received by a former owner, and was under the original policy where interior improvements could receive tax abatement. By the enhanced interior as well as the improvements to exterior, Mr. Evans believes this property would attract quality tenants to the downtown area. Fowler NO BILL NO FIRST AMENDED AND RESTATED 7 HIGHWAY AND 40 HIGHWAY TAX INCREMENT FINANCING PLAN BILL NO DISCUSSION: Councilman Fowler introduced Bill No approving the First Amended and Restated 7 Highway and 40 Highway Tax Increment Financing Plan Designating R.H. Johnson Company as the Developer of Redevelopment Projects A, B, and C, and approve Redevelopment Agreements between the City and R.H. Johnson Company for Redevelopment Projects A and C. Mr. Johnson made the first reading of Bill No. 4127, 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 Bowerman and carried unanimously. Mr. Johnson made the second reading of Bill No by title. Councilman Fowler moved to adopt Bill No upon its second reading and give it ORDINANCE NO. 4308, with a copy attached hereto and made a part of these minutes. Motion seconded by Councilman Bowerman and carried with the following votes after discussion: Councilman Fowler stated he is happy to have Bob Johnson here and to have Hy-Vee take over the old K-Mart building. Councilman Edmondson stated he felt the Highways 40 and 7 corridor is in need of improvement and hopes that this project will go a long way to enhance the area. BILL NO REDEVELOPMENT PROJECT A - FIRST AMENDED AND RESTATED 7 HIGHWAY AND 40 HIGHWAY TIF PLAN BILL NO REDEVELOPMENT PROJECT C FIRST AMENDED AND RESTATED 7 HIGHWAY Councilman Lauer introduced Bill No approving activation of Redevelopment Project A of the First Amended and Restated 7 Highway and 40 Highway Tax Increment Financing Plan. Mr. Johnson made the first reading of Bill No. 4128, 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 only. Motion seconded by Councilman Carter and carried unanimously. Councilman Edmondson introduced Bill No approving activation of Redevelopment Project C of the First Amended and Restated 7 Highway and 40 Highway Tax Increment Financing Plan. Mr. Johnson made the first reading of Bill No. 4129, 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 only. Motion seconded by Councilman Bowerman and carried unanimously.

5 COUNCIL MINUTES AUGUST 16, 2010 PAGE 5 AND 40 HIGHWAY TIF PLAN 1 ST READING - BILL NO FINAL PLAT BLUE SPRINGS HY-VEE FIRST PLAT, LOT 1 (PF ) BILL NO Councilman Bowerman introduced Bill No. 4130, approving the final plat for Blue Springs Hy-Vee First Plat, Lot 1, A Replat of all of Lots 1, 2, 5 and a portion of Lots 3 & 4 of Rock Lane Subdivision located on the northeast corner of SW 7 Highway and US 40 Highway. Mr. Johnson made the first reading of Bill No. 4130, 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 Lauer and carried unanimously. Mr. Johnson made the second reading of Bill No. 4130, by title. Councilman Fowler moved to adopt Bill No upon its second reading and give it ORDINANCE NO. 4309, with a copy attached hereto and made a part of these minutes. Motion seconded by Councilman Bowerman and carried with the 1 ST READING - BILL NO AMENDING ANNUAL BUDGET BILL NO Councilman Fowler introduced Bill No. 4131, amending the annual budget. Mr. Johnson made the first reading of Bill No. 4131, 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. 4131, by title. Councilman Edmondson moved to adopt Bill No upon its second reading and give it ORDINANCE NO. 4310, with a copy attached hereto and made a part of these minutes. Motion seconded by Councilman Lauer and carried with the 1 ST READING - BILL NO AMENDING SECTION A OF CODE OF ORDINANCES RELATING TO SALE OF ALCOHOLIC BEVERAGES BILL NO Councilman Fowler introduced Bill No. 4132, Amending Section A of the Code of Ordinances, creating an exception to the provision requiring an employee s permit for the sale of some alcoholic beverages. Mr. Johnson made the first reading of Bill No. 4132, 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. 4132, by title. Councilman Edmondson moved to adopt Bill No upon its second reading and give it ORDINANCE NO. 4311, with a copy attached hereto and made a part of these minutes. Motion seconded by Councilman Lievsay and carried with the

6 COUNCIL MINUTES AUGUST 16, 2010 PAGE 6 1ST READING BILL NO CONFLICTS OF INTEREST BILL NO Councilman Fowler introduced Bill No establishing and continuing the procedure to disclose potential conflicts of interest and substantial interests for certain municipal officials first established by Ordinance No. 2101, pursuant to Section (11). Mr. Johnson made the first reading of Bill No. 4133, by title; copies of the proposed Bill having previously been made available to the public. Councilman Carter 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 unanimous vote. Mr. Johnson made the second reading of Bill No. 4133, by title. Councilman Fowler moved to adopt Bill No upon its second reading and give it ORDINANCE NO. 4312, with a copy attached hereto and made a part of these minutes. Motion seconded by Councilman Carter and carried with the PRESENTATION SOLID WASTE MANAGEMENT COMMISSION Alice Fuerst, Chairperson of the City's Solid Waste Management Commission (SWMC), introduced the members of the SWMC and thanked the Council for their support of the new recycling center. Ms. Fuerst stated the SWMC is recommending the City issue the state-required two-year notification of the City s intent to provide solid waste collection services. The presentation included Citizen Survey results pertaining to recycling, regional hauling costs with free market trash service vs. competitive bid contracting, and a proposed timeline should the Council give direction to proceed with the notification. Council asked for clarification that the direction requested by the SWMC was for a two-year vetting period and not stating the City would commit to provide services. Ms. Fuerst stated the state requires the two-year notice of intent, but this does not commit the City to a specific program. After the end of the third year after notice, if the City has not taken any action, a new two-year notice would be required. Council and Ms. Fuerst discussed potential fees to homeowners and homeowners associations, cost of maintenance to City streets due to multiple trash providers, and jobs affected. Council stated they felt they did not have sufficient information to give direction to the SWMC since they had not seen the presentation prior to the Council meeting; therefore Council did not make a decision to give direction to the SWMC. Mayor Ross asked that any citizen or business-owner s questions regarding solid waste hauling issues be forwarded to the District Councilmen and all questions will then be submitted by Council to the Mayor by the next Council meeting on September 8. MAYORAL ANNOUNCEMENTS Mayor Ross announced: The Executive Session on today s agenda will not be held because Council is still awaiting information. The next Council meeting will be held on Wednesday, September 8 due the Labor Day holiday.

7 COUNCIL MINUTES AUGUST 16, 2010 PAGE 7 The most recent edition of the Blue Springs Magazine was just mailed. This edition talks about The Wall That Heals, which is expected to attract approximately 100,000 people to Blue Springs. Vietnam veterans will be honored with medallions or lapel pins. Thoughts to Ponder: The only place success comes before work is in the dictionary. Vince Lombardi (provided by Councilman Carter) VISITORS ADJOURNMENT Mayor Ross stated he had two speaker appearance forms and they both related to the solid waste issue. Any discussion or comments to be shared on this matter should be directed to the Solid Waste Commission or any Council member. As there was no further business to come before the Council, Councilman Bowerman moved the meeting be adjourned. Motion seconded by Councilman Carter and carried with Councilmen Fowler and Edmondson voting NO. Mayor Ross declared the meeting adjourned at 8:07 p.m. ATTEST: Carson Ross, Mayor Sheryl Morgan, Assistant City Clerk M