BLUE SPRINGS CITY COUNCIL MEETING FEBRUARY

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1 BLUE SPRINGS CITY COUNCIL MEETING FEBRUARY 2, 6:30 p.m. Multipurpose Room of Howard L. Brown Public Safety Facility 1100 SW Smith Street Blue Springs, Missouri AGENDA PLEASE NOTE: NEW POLICY Anyone wishing to address the Mayor and Council, either in a Public Hearing or in the Visitors Section of the Agenda, must fill out a Speaker s Appearance Form. Forms are at the entrance door of the Multipurpose Room. After completion, the form is to be given to the Assistant City Administrator. 1. Call meeting to order 2. Pledge of Allegiance 3. Consent Agenda All matters under Item 3, Consent Agenda, are considered to be routine by the City Council and will be enacted by one motion in the form listed below. There will be no separate discussion of these items. If discussion is desired, that item will be removed from the Consent Agenda and will be considered separately. a. Approve minutes of January 20 Council meetings as submitted in writing b. Approve check registers for invoices scheduled to be paid February 2, 2009 c. Adopt Resolution No approving purchase of one (1) skid-mounted sanitary sewer root-foaming system d. Adopt Resolution No approving MARC Solid Waste agreement 4. Public Hearing amended Adams Dairy Executive Park South PUD Concept Plan (Parkway West) (PUDC ) (to be continued to February 17, 2009 Council meeting) 5. Introduction & readings of Bill No authorizing Neighborhood Improvement District (NID) Limited General Obligation Bonds (South Area Sewer Improvement Project) Series Introduction & readings of Bill No condemning and taking private property for public use for permanent right-of-way, permanent drainage easements, permanent grading easements and temporary construction easement in connection with the construction of Moreland School Road west of 7 Highway 7. Appeal Blue Springs Ford (SPDR ) 8. Mayoral Announcements 9. Visitors 10. Adjournment

2 Miscellaneous Items Park Commission Wednesday, February 4, 6:00 p.m., East Conference Room of City Hall, 903 W Main Planning Commission Monday, February 9, 6:30 p.m., Multipurpose Room of Howard L. Brown Public Safety Facility, 1100 SW Smith Street City Hall closed Presidents Day, Monday, February 16, 2009 City Council Meeting Tuesday, February 17, 2009, 6:30 p.m., Multipurpose Room of Howard L. Brown Public Safety Facility, 1100 SW Smith Street Blue Springs Public Art Commission Thursday, February 19, 3:00 p.m., East Conference Room of City Hall, 903 Main

3 City of Blue Springs Memorandum Office of Administration TO: FROM: Mayor, City Council, Department Directors, and Press Eric Johnson City Administrator DATE: January 29, 2009 SUBJECT: Agenda Explanations Item 3c Approve purchase of one (1) skid-mounted sanitary sewer root foaming system Resolution will approve the purchase of one (1) skid mounted sanitary sewer root foaming system to be utilized in the application of chemicals to control root growth in the City s sewer mains. By utilizing chemical foam treatments, the roots will be controlled more effectively and preserve the integrity of the liner. Refer to the Council Information Form from Chris Sandie, Assistant Director of Public Works, for further details. Item 3d Approve MARC Solid Waste agreement Resolution will approve an agreement between MARC Solid Waste Management District and the City of Blue Springs to participate in the 2009 Regional Household Hazardous Waste Collection Program. Refer to the Council Information Form from Scott Allen, Director of Community Development for further details. Item 4 Public hearing amended Adams Dairy Executive Park South PUD concept Plan (Parkway West) (PUDC ) At the request of the applicant, the public hearing for the PUD Concept Plan for the Adams Dairy Executive Park South (PUDC ) is to be continued to the February 17, 2009 Council meeting. A motion is in order. A Council Information Form will be submitted with the agenda for the February 17, 2009 Council meeting. Item 5 Bill approving Neighborhood Improvement District Limited General Obligation Bonds Bill will authorize the issuance of $18,725,000 principal amount of neighborhood improvement district limited general obligation bonds (South Area Sewer Improvements Project) Series 2009; and authorize certain documents and actions in connection therewith. For further information refer to the Council Information Form from Christine Cates, Finance Director. Item 6 Bill condemning property on Moreland School Road Bill will condemn certain property for the construction of Moreland School Road, Phase 2 between 19 th Street and Liggett Road. For further information refer to the Council Information Form from Bob McDonald, City Attorney. Item 7 Appeal Blue Springs Ford (SPDR ) An appeal will be heard at request of the Applicant Bob Balderston for approval of the denied plan modifications by the Planning Commission, Monday, November 24, 2008 on the Blue Springs Ford Parking Inventory addition. Refer to the Council Information Form from Scott Allen, Director of Community Development for further information.

4 Council Meeting Date: 2/2/2009 Agenda Item #: 3c DATE: 01/20/2009 CITY OF BLUE SPRINGS CITY COUNCIL INFORMATION FORM SUBMITTED BY: Chris Sandie DEPARTMENT: Public Works Ordinance Resolution Presentation Agreement Discussion Other ISSUE/REQUEST: The Utilities Division is requesting the purchase of one (1) skid mounted sanitary sewer root foaming system to be utilized in the application of chemicals to control root growth in the City s sewer mains. BACKGROUND/EXPLANATION: The number one cause of sanitary sewer back-ups and overflows is root invasion into the sewer mains and service lines through cracks and joints. This problem is particularly inherent to clay tile sewers which account for approximately 35% of the City s 1,200,000 feet of sewer mains. It should also be noted that this 35% of the system is responsible for nearly 100% of back-ups and overflows and is the focus of the Departments maintenance program and rehabilitation efforts. Not only do roots cause blockage in the pipes, but they also reduce the ability of the sewer system to operate at its designed capacity. Currently the Utilities Division utilizes a mechanical device to cut and rip root growth from the sewer lines to keep them open. This method has been the industry wide standard for many decades. The problems associated with this method of maintenance are: the roots will grow back within a few months usually heavier than they were before; the mechanical device is abusive to the brittle clay pipe and can often cause more cracks and damage to the pipe than already existed; roots growing into the City sewer from customer service connections are not affected; and there is a higher risk of getting a root cutter caught in a sewer main than a pressure nozzle which then requires an excavation to be performed to retrieve the root cutter. These excavations can be very disruptive to the surrounding area and very expensive. Chemical treatment is a newer method of root removal and control that has been documented as a more effective and efficient means to keep roots out of the sewer system. Once initial applications have been completed, a maintenance application is performed every 2-3 years compared with annually cutting the roots from the pipe. Not only is root growth inhibited from the City s sewer mains but the chemical foam also acts on the roots growing from the private service lines which assist residents in keeping their private line open and flowing. The City has invested a substantial amount of money in the rehabilitation of the old clay tile sewer system utilizing cured in place pipe (CIPP) and continues to invest in this method of rehabilitation to be proactive in extending the life of the most expensive portion of the City s infrastructure. The CIPP is a liner that is placed inside the old (host) pipe without the need to dig up yards, streets, or parking lots. While some of the clay tile sewers have been in service since the era, the ability to reline them with a cured in place fiberglass material can extend their service life by an estimated years. The cured in place pipe is a structurally sound, stand alone product. It is a continuous length of pipe between each manhole; therefore, it seals off the old pipe joints, defects, and cracks preventing roots from entering at those locations.

5 Council Meeting Date: 2/2/2009 Agenda Item #: 3c The old service connection points are cut out by a robot to re-establish the service connections. These service connection points continue to be a location where roots can enter into the sewer main and cause an obstruction to the flow. These roots need to be removed and controlled from re-entering the sewer line. Using the current method of mechanical cutting is detrimental to the liner and will reduce its life expectancy. By utilizing chemical foam treatments the roots will be controlled more effectively and preserve the integrity of the liner. JUSTIFICATION: Maintaining a sewer collection system in a manner that maximizes capacity and reduces or eliminates sewer overflows is required by the EPA and the Missouri Department of Natural Resources. Accomplishing this task using the most effective and efficient means is the responsibility of the systems owner. By purchasing the foaming applicator and performing the applications in-house, the City will benefit from substantial savings and offer the residents a higher level of service. Contracted services for chemical application typically run $1.60 per foot compared to $0.40 per foot in-house. The contracted cost for initially treating the 400,000+ feet of sewers prone to root growth would be $640,000 with annual follow-up applications treating 1/3 of the system costing $213,000. By comparison, in-house cost for the same would be $160,000 and $53,000. As a component of maintaining the City s sewer system, these expenses can be absorbed in the existing funds approved in the CIP. FINANCIAL IMPACT Contractor: Douglas Products & Packaging Company, 1550 E. Old 210 Hwy. Liberty, Mo Amount of Request/Contract: $24, Amount Budgeted: $700, Funding Source/Account #: Additional Funds Needed: NA Funding Source/Account #: Tax Impact/Analysis: Abatement/Incentives: Escrow: PROJECT TIMELINE EST. START: 02/03/09 EST. FINISH: 3/1/09 OTHER INFORMATION/UNIQUE CHARACTERISTICS: N/A

6 Council Meeting Date: 2/2/2009 Agenda Item #: 3c Council Information Form Page 2 of 2 STAFF RECOMMENDATION: Staff is recommending the purchase of one (1) skid mounted sanitary sewer root foaming system from Douglas Products & Packaging Company, 1550 E. Old 210 Hwy., Liberty, Mo OTHER BOARDS & COMMISSIONS ASSIGNED: Date: Action: N/A LIST OF REFERENCE DOCUMENTS ATTACHED: 1. Bid sheet NOTE: The invitation to bid was run in the Examiner on November 22, Bid opening was December 16, REVIEWED BY: Requesting Director: Chris Sandie / Oliver DeGrate Finance: Engineer: Legal: City Administrator: Other:

7 Council Meeting Date: _02/02/2009 Agenda Item #: 3d DATE: January 27, 2009 CITY OF BLUE SPRINGS CITY COUNCIL INFORMATION FORM SUBMITTED BY: Scott Allen DEPARTMENT: Community Development Ordinance Resolution Presentation Agreement Discussion Other ISSUE/REQUEST: Agreement between MARC Solid Waste Management District and the City of Blue Springs to participate in the 2009 Regional Household Hazardous Waste Collection Program BACKGROUND/EXPLANATION: (including location, programs/departments affected, and process issues attach pertinent documentation): The MARC SWMD provides regional household hazardous waste (HHW) collection for the Kansas City area. Member communities can pay a per capita rate per year for their residents to safely dispose of HHW at permanent facilities in either Kansas City or Lee's Summit, or attend mobile events at no charge. Mobile collection events are held throughout the Kansas City area and are free to residents of member communities. Residents of a member community may attend any mobile event throughout the metro. Through this program, Blue Springs hosts a mobile event within the city each spring. This event provides a conveniently located household hazardous waste drop-off site for the residents of Blue Springs. This year s event is planned for April 18, 2009 at Pink Hill Park from 8am noon. JUSTIFICATION: The City has been able to remove from the waste stream an average of 68,973 pounds of HHW items with each annual event. Blue Springs joined the Mid-America Regional Council s Household Hazardous Waste (HHW) program in Since 1999, Blue Springs recycled 461,183 pounds of Household Hazardous Waste. Blue Springs residents recycled 65,571 pounds of Household Hazardous Waste in 2006 and 53,517 pounds in Preliminary numbers for 2008, indicate that 40,491 pounds were dropped off at the Blue Springs HHW event. This number will increase due to materials dropped off at events or at the HHW facilities. FINANCIAL IMPACT Contractor: MARC SWMD Amount of Request/Contract: $48, Amount Budgeted: $50, Funding Source/Account #: Additional Funds Needed: Funding Source/Account #: Tax Impact/Analysis: Abatement/Incentives: Escrow: Solid Waste Contract LA Page 1 of 2

8 Council Meeting Date: _02/02/2009 Agenda Item #: 3d PROJECT TIMELINE EST. START: January 1, 2009 EST. FINISH: December 31, 2009 OTHER INFORMATION/UNIQUE CHARACTERISTICS: STAFF RECOMMENDATION: Contract is renewed annually OTHER BOARDS & COMMISSIONS ASSIGNED: None. LIST OF REFERENCE DOCUMENTS ATTACHED: 1. Letter from Mid-America Regional Council Solid Waste Management District ( ) Regional HHW Collection Agreement Program Costs for Member Communities REVIEWED BY: Requesting Director: Scott Allen, Director of Community Development Engineer: City Administrator: Finance: Legal: Other: Solid Waste Contract LA Page 2 of 2

9 Council Meeting Date: February 2, 2009 Agenda Item #: 5 CITY OF BLUE SPRINGS CITY COUNCIL INFORMATION FORM DATE: SUBMITTED BY: Christine Cates DEPARTMENT: Finance Ordinance Resolution Presentation Public Hearing Agreement Discussion Rezoning Other ISSUE/REQUEST: An ordinance authorizing the issuance of $18,725,000 principal amount of neighborhood improvement district limited general obligation bonds (South Area Sewer Improvements Project) Series 2009, of the City of Blue Springs, Missouri; and authorizing certain documents and actions in connection therewith. BACKGROUND/EXPLANATION: (including location, programs/departments affected, and process issues attach pertinent documentation): The NID was originally formed by 12 property owners owning approximately 1,500 acres of land in the south part of the City pursuant to a development agreement approved on December 5, The development agreement contemplated the formation of the NID as a means to finance the construction of sewer lines and related improvements to provide sewer service to the area treating 1,400,000 gallons per day average flow and 7,200,000 gallons per day peak flow at an estimated cost of $23,000,000 for the project, capitalized interest, reserve funds and associated administrative and legal costs. The property owners submitted the NID petition to the City on December 27, 2005 and the formation of the NID was approved by the City Council on January 4, Capacity in the sewer line is reserved for those property owners within the NID on a first come/first served basis. The original financing plan for the NID contemplated that short term notes would be issued by the City to provide funds to construct the sewer line project. These notes were issued in 2006 and In October 2008, the City notified the property owners of the final costs and the proportionate of the costs that will be assessed to their properties. At that time there were 107 owners and 552 parcels. This ordinance authorizes the City to issue the permanent financing that will be used to pay off the notes. The short term notes issued for the Project are set to mature March 1, The total project costs, including capitalized interest equals approximately $17 million. The total principal issued for the permanent financing will be $18.7 which includes establishing the debt reserve fund and provides for capitalized interest. Annual assessments for the NID will be approximately $1,500,000 or approximately $1,000 per acre. The bond issue will fund the first debt service reserve and this assessment level also provides for the accumulation of a second reserve fund as provided for in the development agreement. Standard & Poor s Rating Rationale - The issuer credit rating (ICR) on the city of Blue Springs, Mo. has been raised to 'AA' from 'AA-', reflecting the city's maintenance of very strong financial reserves backed by very strong financial management practices. The Standard & Poor's underlying rating (SPUR) on the

10 Council Meeting Date: February 2, 2009 Agenda Item #: 5 city's appropriation-backed debt. has been raised to 'AA-' from 'A+'. The city's series 2009 neighborhood improvement district limited general obligation bonds have been rated 'AA-'. The series 2009 bonds will refund the city's 2006A and 2007A bond anticipation notes. The assessment will be on the property owners Jackson County tax bills starting in 2009 and lasting for twenty years. JUSTIFICATION: Issuing the permanent financing for the project allows the City to proceed with establishing the assessments for the project, which will be assessed and collected beginning in the 2009 tax year and will be used solely debt service payments. FINANCIAL IMPACT Contractor: N/A Amount of Request/Contract: $18,725,000 Amount Budgeted: Funding Source/Account #: Neighborhood Improvement District Special Assessments Additional Funds Needed: N/A Funding Source/Account #: N/A Tax Impact/Analysis: N/A Abatement/Incentives: N/A Escrow: N/A EST. START: PROJECT TIMELINE EST. FINISH: OTHER INFORMATION/UNIQUE CHARACTERISTICS: STAFF RECOMMENDATION: Staff recommends approval. OTHER BOARDS & COMMISSIONS ASSIGNED: Date: Action: N/A LIST OF REFERENCE DOCUMENTS ATTACHED: 1. 2.

11 Council Meeting Date: February 2, 2009 Agenda Item #: 5 REVIEWED BY: Requesting Director: Christine Cates Finance: Christine Cates PW/Engineering: Legal: City Administrator: Other:

12 Council Meeting Date: 2/2/2009 Agenda Item #: 6 DATE: January 27, 2009 CITY OF BLUE SPRINGS CITY COUNCIL INFORMATION FORM SUBMITTED BY: City Attorney DEPARTMENT: Administration Ordinance Resolution Presentation Agreement Discussion Other ISSUE/REQUEST: Ordinance condemning certain property for the construction of Moreland School Road, Phase 2 between 19 th Street and Liggett Road BACKGROUND/EXPLANATION: On March 21, 2005, the City Council passed Ordinance 3863, which condemned certain right-of-way and easements for the construction of Moreland School Road, Phase 2 between 19th Street and Liggett Road. Since that time, the final engineering drawings for said roadway changed some of the temporary construction easement property to permanent grading easement property which necessitated that the changed legal descriptions be condemned by the City prior to the initiation of litigation to acquire said interests. An offer has been made to the property owner in the amount of the appraisal, but the City has been unable to reach a settlement at this time. The City will continue to attempt to acquire this property by negotiation. This is the only piece of property not yet acquired for the road. JUSTIFICATION: This ordinance will allow for the acquisition of the needed real estate interests to complete Moreland School Road, Phase 2 between 19th Street and Liggett Road. Contractor: Amount of Request/Contract: Amount Budgeted: Funding Source/Account #: Additional Funds Needed: Funding Source/Account #: Tax Impact/Analysis: Abatement/Incentives: Escrow: EST. START: Not applicable FINANCIAL IMPACT PROJECT TIMELINE EST. FINISH: OTHER INFORMATION/UNIQUE CHARACTERISTICS:

13 Council Meeting Date: 2/2/2009 Agenda Item #: 6 Council Information Form Page 2 of 2 STAFF RECOMMENDATION: Staff recommends passage. OTHER BOARDS & COMMISSIONS ASSIGNED: None LIST OF REFERENCE DOCUMENTS ATTACHED: 1. None REVIEWED BY: Requesting Director: Finance: Engineer: Legal: Bob McDonald City Administrator: Other:

14 Council Meeting Date: 2/2/2009 Agenda Item #: 7 DATE: January 29, 2009 CITY OF BLUE SPRINGS CITY COUNCIL INFORMATION FORM SUBMITTED BY: Scott Allen DEPARTMENT: Community Development Ordinance Resolution Presentation Agreement Discussion Other ISSUE/REQUEST: Appeal of the Planning Commission decision to deny the request for approval of Site Plan and Design Review (SPDR )/ Blue Springs Ford Parking Lot Inventory Addition The applicant has appealed the decision of the Planning Commission to deny application SPDR , a request to approve an as-built parking lot Site Plan that represented an amendment to the previously approved parking lot Site Plan (SPDR ). BACKGROUND/EXPLANATION: (including location, programs/departments affected, and process issues attach pertinent documentation): BFRE, LLC has acquired the former Blue Springs Marine site at 3100 South Outer Road. This site lies directly east of Blue Springs Ford. The applicant received Site Plan and Design Review (SPDR ) approval on February 25, 2008, by the Planning Commission, to construct a parking lot addition. Since approval of the plan, the applicant has built a parking lot addition that significantly differs from the originally approved plan. The parking lot was constructed without required permits. The applicant then applied for Site Plan and Design Review (SPDR ) to request approval of the modified parking lot plan. The Planning Commission unanimously denied the application for the modified layout on November 24, JUSTIFICATION: On December 1, 2008 staff received a letter from the property owner appealing the Planning Commission decision to deny application SPDR Contractor: Amount of Request/Contract: Amount Budgeted: Funding Source/Account #: Additional Funds Needed: Funding Source/Account #: Tax Impact/Analysis: Abatement/Incentives: FINANCIAL IMPACT PROJECT TIMELINE EST. START: N/A EST. FINISH: N/A OTHER INFORMATION/UNIQUE CHARACTERISTICS: Regardless of the outcome of the appeal, the applicant will be required to obtain a Building Permit and comply with Building Code requirements. U:\EnerGov Case Documents\BlueSpringsFord\Expanded Parking Lot\BSInventory\ccinfoform jrh Page 1 of 3

15 Council Meeting Date: 2/2/2009 Agenda Item #: 7 Council Information Form Page 2 of 3 STAFF RECOMMENDATION: At the November 24, 2008, Planning Commission meeting, staff recommended denial of this Site Plan and Design Review based on the following: 1. The landscaping has been shifted from the northern property line to the eastern and southern property lines. This shift of landscaping has made the parking lot itself more visible from South Outer Road, instead of appropriately screened, as it was on the originally approved plan. (The Revised Landscape Plan meets the requirements of the UDC with respect to the number of plant units provided. Note that there are four landscape islands in the back portion of the site (south) that have no landscaping.) 2. The as-built parking lot addition plan does not meet required paving setbacks along the eastern property line, as stated in UDC Section Y.1. (This issue has been resolved on the revised plan submitted to the City Council.) 3. The access drive throat exceeds the maximum width as stated in UDC Section G by ten (10) feet. Additionally, according to UDC Section Y.3, the total maximum summation of the widths of all driveway approaches upon the property shall not exceed twenty percent (20%) of the length of the real property that fronts the abutting street right-of-way. The applicants have not yet removed a previously existing driveway approach apron, used solely for the display of vehicles, which is not in compliance with this section in the UDC. (These issues have been resolved on the revised plan submitted to the City Council.) 4. Subsequently, if denied, all previous conditions from the previously approved Site Plan and Design Review shall apply (see Attachment 3 Previously Approved Site Plan ). Since that time, the applicant has been working with staff to correct the deficiencies specified in the findings above. Specifically, the applicant has responded to each finding as follows: 1. LANDSCAPING The Revised Landscape Plan dated January 23, 2009, meets the requirements of the UDC with respect to the number of plant units provided. (Note that there are four landscape islands in the back portion of the site (south) that have no landscaping.) 2. PAVING SETBACKS This issue has been resolved on the revised plan submitted to the City Council, dated December 23, ACCESS DRIVE THROAT These issues have been resolved on the revised plan submitted to the City Council, dated December 23, OTHER BOARDS & COMMISSIONS ASSIGNED: Date: November 24, 2008 (Planning Commission) Action: The Planning Commission denied the Site Plan and Design Review request (SPDR ). Vote: 10-Aye, 0-No LIST OF REFERENCE DOCUMENTS ATTACHED: 1. Letter of appeal, dated December 1, Letter requesting continuance, dated December 22, Revised Site Plan, dated December 23, Revised Landscape Plan, dated January 23, Staff Report with attachments, dated November 24, Staff Report with attachments, dated February 25, Title IV, Land Use Section B.S. Code of Ordinances (by reference) U:\EnerGov Case Documents\BlueSpringsFord\Expanded Parking Lot\BSInventory\ccinfoform jrh Page 2 of 3

16 Council Meeting Date: 2/2/2009 Agenda Item #: 7 REVIEWED BY: Comprehensive Plan (by reference) Requesting Director: Scott Allen, AICP Director, Community Development Engineer: City Administrator: Finance: Legal: Other: U:\EnerGov Case Documents\BlueSpringsFord\Expanded Parking Lot\BSInventory\ccinfoform jrh Page 3 of 3

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