('V~~ CITY COUNCIL MEETING May 21, :00 p.m. Council Chambers Howard L. Brown Public Safety Building 1100 SW Smith Blue Springs, Missouri

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1 CITY COUNCIL MEETING May 21, :00 p.m. Council Chambers Howard L. Brown Public Safety Building 1100 SW Smith Blue Springs, Missouri PLEASE NOTE: 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 located at the entrance 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 the May 7, 2018 City Council Meeting b. Approve Resolution No approving a contract to pave trails at Baumgardner and Woods Chapel Parks c. Approve 2018 Boards and Commissions Appointments 4. Public Hearing De-annexation of property located generally at 1750 E Pink Hill Road (DEAX ) 5. Introduction and reading of Bill No approving the de-annexation of property located generally at 1750 E Pink Hill Road (DEAX ) 6. Introduction and reading of Bill No authorizing a Settlement Agreement in City of Blue Springs, Missouri v. Grain Plains Energy Incorporated et al. and adding Section to the Code of Ordinances 7. Introduction and reading of Bill No amending Section E of the Code of Ordinances relating to the Recording Secretary for the Human Relations Commission 8. Mayoral Announcements Thoughts to Ponder 9. Visitors 181 Blue Springs. ('V~~ 10. Executive Session Discussion relating to real estate and negotiations with Employee Groups pursuant to Sections (2) and (9), RSMo.

2 11. Adjourn 12. Work Session: Public Officials Liability Training Miscellaneous Items Public Safety Citizens Advisory Board Meeting Tuesday, May 22, 6:00 PM, Journagan Family Community Room Public Safety Building, 1100 SW Smith Memorial Day City Offices Closed Monday, May 28 Planning Commission Meeting CANCELLED Tuesday, May 29 City Council Meeting Monday, June 4, 6:00 PM, Council Chambers Public Safety Building, 1100 SW Smith Park Commission Meeting Tuesday, June 5, 6:00 PM, Administration Conference Room Blue Springs Fieldhouse, 425 NE Mock Planning Commission Meeting Monday, June 11, 6:30 PM, Council Chambers Public Safety Building, 1100 SW Smith CDBG Annual Action Plan Meeting Wednesday, June 13, 6:00 PM, Municipal Annex Conference Room, 1304 W Main Board of Adjustment Meeting - Wednesday, June 13, 6:30 PM, Council Chambers Public Safety Building, 1100 SW Smith Public Art Commission Meeting Wednesday, June 13, 3:30 PM, Administration Conference Room Blue Springs Fieldhouse, 425 NE Mock City Council Meeting Monday, June 18, 6:00 PM, Council Chambers Public Safety Building, 1100 SW Smith Posted at Blue Springs Public Safety Building and on the City s website on Thursday, May 17, 2018 Sheryl Morgan City Clerk

3 1 Blue Springs. w, 1-,,,»o~ TO: FROM: Mayor, City Council, Department Directors, and Press Eric Johnson City Administrator DATE: May 17, 2018 SUBJECT: Agenda Explanations Item 3b Approve Contract to Pave Trails Adopt a Resolution to approve a contract in the amount of $154, with Tandem Paving Company, Inc., for paving of Baumgardner Park and Woods Chapel Park trails. Refer to Council Information Form from Dennis Dovel, Director of Parks and Recreation, for additional information. Item 3c Approve Board and Commission Appointments Pursuant to Blue Springs Home Rule Charter Section 4.4.C Powers and Duties; Appointments, the Mayor appoints all members of committees, boards, and commissions, with the advice and consent of the majority of the Council. The main slate of appointments and reappointments were submitted to Council for approval on May 7, Additional appointments are submitted to Council for approval. Refer to Council Information Form from City Clerk Sheryl Morgan for additional information. Items 4 & 5 De-annexation of property located generally at 1750 E Pink Hill Road (DEAX ) A public hearing is being held at the request of the applicants, William H. Dunning, Linda S. Dunning, and Herbert L. Dunning, for consideration to approve a de-annexation of property approximately 600 feet east of NE Jellison Road and 400 feet south of East Pink Hill Road (approximately 1.0 +/- acre) from the City limits. (DEAX ) Upon conclusion of the public hearing, a bill approving the de-annexation will be ready for introduction and readings. Refer to Council Information Form from Mike Mallon, Assistant Director of Community Development, for additional information. Item 6 Settlement Agreement and Section of the Code of Ordinances Passage of a Bill authorizing a Settlement Agreement in City of Blue Springs, Missouri v. Great Plains Energy Incorporated et al., Case No. 14AC-CC00229, and adding Section Settlement Agreement to the Code of Ordinances, City of Blue Springs, Missouri. Refer to Council Information Form from City Attorney Jaqueline Sommer for additional information. Item 7 Section E of the Code of Ordinances Passage of a Bill repealing Section E of the Blue Springs Code of Ordinances requiring the Human Relations Commission to select a recording secretary. Refer to Council Information Form from City Clerk Sheryl Morgan for additional information.

4 CITY OF BLUE SPRINGS, MISSOURI MINUTES OF COUNCIL MEETING MAY 7, 2018 A meeting of the City Council of the City of Blue Springs, Missouri, was held on Monday, May 7, 2018, 5:00 p.m. in the Council Chambers of the Howard L. Brown Public Safety Building, 1100 Smith Street with Mayor Carson Ross presiding. COUNCILMEN IN ATTENDANCE Jerry Kaylor Chris Lievsay arrived at 5:37 Ron Fowler Dale Carter Kent Edmondson Susan Culpepper Also present were City Administrator Eric Johnson, City Attorney Jacqueline Sommer, and City Clerk Sheryl Morgan. CALL MEETING TO ORDER CLOSED SESSION Mayor Ross called the City Council meeting to order at 5:00 p.m. At 5:00 p.m., Councilman Carter moved for the Council go into closed session pursuant to Section , subparagraphs (1), (2), and (12), Revised Statutes of Missouri, for the purpose of privileged communications between a governmental body or its representative and legal counsel, pending litigation, real estate, and contract negotiations and that any minutes, documents and other records discussed or taken during the closed session remain closed, and at the conclusion of the closed session, Council shall return to Open Session. Motion seconded by Councilman Edmondson and carried with the following votes: Councilman Kaylor Aye Councilman Lievsay Absent Councilman Fowler Aye Councilman Carter Aye Councilman Edmondson Aye Councilman Culpepper Aye Mayor Ross Aye RETURN TO OPEN SESSION APPROVE CITY COUNCIL MINUTES At 6:00 p.m., the Council returned to Open Session. Mayor Ross stated Councilman Lievsay has requested Item 3d Residential Ground Lease be pulled for separate consideration. Councilman Edmondson moved to approve the Minutes of the April 16, 2018 City Council meeting. Motion seconded by Councilman Kaylor and carried with the following votes: Councilman Lievsay Aye Councilman Fowler Aye Councilman Carter Aye Councilman Edmondson Aye Councilman Culpepper Aye Councilman Kaylor Aye Mayor Ross Aye RESOLUTION DISPOSITION OF RECORDS Councilman Edmondson moved to adopt Resolution No approving the disposition of Information Technology 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

5 May 7, 2018 City Council Meeting Page 2 the Missouri Secretary of State s records retention guidelines. Motion seconded by Councilman Kaylor and carried with the following votes: Councilman Lievsay Aye Councilman Fowler Aye Councilman Carter Aye Councilman Edmondson Aye Councilman Culpepper Aye Councilman Kaylor Aye Mayor Ross Aye APPOINTMENT OF BOARDS/COMMISSONS APPOINTMENTS/ REAPPOINTMENTS Councilman Edmondson moved to approve the following Board/ Commission appointments and reappointments: Appearance Review Committee: Reappoint: David Smith, Chairman New appointment: Saunchel Maupins Board of Adjustment: Reappoint: Laurie Hatfield Development Advisory Commission: Reappoint: Bob Frost New appointment: Chris White Orion Berridge Downtown Review Board: Reappoint: Cindy Miller Jennifer Hauschild New appointment: Lance Tomlin Economic Development Board: Reappoint: New appointment: Historic Preservation Commission: Reappoint: New appointment: Human Relations Commission: New appointment: Land Bank of Blue Springs: Reappoint: Park Commission: Reappoint: New appointment: Planning Commission: Reappoint: Public Art Commission: Reappoint: New appointment: Ron Baker, Chairman Dave Meyer, Vice Chairman Tom Rohr Pam Albarelli William Reid Hansen Billy Washington Shawnna Squire Eric Johnson Jim Fairbanks George Diebert Richard Mitchem Megan Johnson Byron Craddolph Lynn Banks Travis Graham Lawrence Randall Greta Hoener Eleanor Frasier Kerri Cole 2

6 May 7, 2018 City Council Meeting Page 3 Public Safety Citizens Advisory Board: Reappoint: Charlie Waites Robert Morton Patrick Mitchell Solid Waste Management Commission: Reappoint: Robert Fasl New appointment: Bruce Reynolds TIF Commission: Reappoint: Charles Kleinhagen David Witt Bonnie Hutchcroft Lyle Shaver Steve Schmitz Motion seconded by Councilman Kaylor and carried with the following votes: Councilman Lievsay Aye Councilman Fowler Aye Councilman Carter Aye Councilman Edmondson Aye Councilman Culpepper Aye Councilman Kaylor Aye Mayor Ross Aye MOTION TO TABLE RESOLUTION RESIDENTIAL GROUND LEASE Councilman Lievsay moved to table the vote on Resolution No entering into a 99-year Residential Ground Lease with Prairie Township Fire Protection District for land located on Wyatt Road until research for other options can be considered. Motion seconded by Councilman Edmondson and failed with the following vote: Councilman Lievsay Aye Councilman Fowler NO Councilman Carter Aye Councilman Edmondson NO Councilman Culpepper NO Councilman Kaylor Aye Mayor Ross NO RESOLUTION RESIDENTIAL GROUND LEASE PUBLIC HEARING VACATION OF LANDSCAPE EASEMENTS (VAC ) STAFF REPORT Councilman Culpepper moved to adopt Resolution No entering into a 99-year Residential Ground Lease with Prairie Township Fire Protection District for land located on Wyatt Road. Motion seconded by Councilman Fowler and carried with a 6-1 vote (Councilman Lievsay voting NO). Mayor Ross opened the Public Hearing on the vacation of landscape easements located at SE Wyatt Road (VAC ) at 6:09 p.m. The minutes of the public hearing were recorded by a certified court reporter. City Clerk Sheryl Morgan entered one exhibit into the record for the public hearing Matt Wright, Senior Planner reviewed the details of the requested vacation. The Mayor hearing no comments for or against, closed the public hearing at 6:12 p.m. 3

7 May 7, 2018 City Council Meeting Page 4 INTRODUCTION AND 1 ST READING BILL NO VACATION OF LANDSCAPE EASEMENTS (VAC ) Councilman Culpepper introduced Bill No vacating landscape easements located at SE Wyatt Road (VAC ). City Clerk Sheryl Morgan made the first reading of Bill No 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 Kaylor and carried unanimously. 2 ND READING BILL NO Ms. Morgan made the second reading of Bill No by title. Councilman Carter moved to adopt Bill No upon its second reading and give it ORDINANCE NO. 4736, with a copy attached hereto and made a part of the minutes. Motion seconded by Councilman Kaylor and carried with the following vote: Councilman Fowler Aye Councilman Carter Aye Councilman Edmondson Aye Councilman Culpepper Aye Councilman Kaylor Aye Councilman Lievsay Aye Mayor Ross Aye PUBLIC HEARING VACATION OF BUILD LINE AND PORTION OF DRAINAGE AND UTILITY EASEMENT (VAC ) STAFF REPORT Mayor Ross opened the Public Hearing on the vacation of 20' build line and the north 10' of the south 20' drainage and utility easement located generally at SW Walnut Street (VAC ). at 6:13 p.m. The minutes of the public hearing were recorded by a certified court reporter. City Clerk Sheryl Morgan entered one exhibit into the record for the public hearing Matt Wright, Senior Planner, reviewed the details of the requested vacation. INTRODUCTION AND 1 ST READING BILL NO VACATION OF BUILD LINE AND PORTION OF DRAINAGE AND UTILITY EASEMENTS (VAC ) The Mayor hearing no comments for or against, closed the public hearing at 6:16 p.m. Councilman Culpepper introduced Bill No vacating a 20' build line and the north 10' of the south 20' drainage and utility easement located generally at SW Walnut Street (VAC ). City Clerk Sheryl Morgan made the first reading of Bill No 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 Kaylor and carried unanimously. 2 ND READING BILL NO Ms. Morgan made the second reading of Bill No by title. Councilman Carter moved to adopt Bill No upon its second reading and give it ORDINANCE NO. 4737, with a copy attached hereto and made a part of the minutes. Motion seconded by Councilman Edmondson and carried with the following vote: 4

8 May 7, 2018 City Council Meeting Page 5 Councilman Carter Aye Councilman Edmondson Aye Councilman Culpepper Aye Councilman Kaylor Aye Councilman Lievsay Aye Councilman Fowler Aye Mayor Ross Aye INTRODUCTION AND 1 ST READING BILL NO SECTION OF THE CODE OF ORDINANCES Councilman Carter introduced Bill No repealing Section Storage of Flammable Liquids, of the Blue Springs Code of Ordinances. City Clerk Sheryl Morgan made the first reading of Bill No 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 Culpepper and carried unanimously. 2 ND READING BILL NO Ms. Morgan made the second reading of Bill No by title. Councilman Carter moved to adopt Bill No upon its second reading and give it ORDINANCE NO. 4738, with a copy attached hereto and made a part of the minutes. Motion seconded by Councilman Kaylor and carried with the following vote: Councilman Edmondson Aye Councilman Culpepper Aye Councilman Kaylor Aye Councilman Lievsay Aye Councilman Fowler Aye Councilman Carter Aye Mayor Ross Aye PUBLIC HEARING AMENDMENTS TO THE UNIFIED DEVELOPMENT CODE (UDCT ) STAFF REPORT Mayor Ross opened the Public Hearing on amendments to Section Accessory Uses, and Section Use Groups and Description of Uses, of the City of Blue Springs Unified Development Code (UDCT ) at 6:18 p.m. The minutes of the public hearing were recorded by a certified court reporter. City Clerk Sheryl Morgan entered one exhibit into the record for the public hearing. Mike Mallon, Assistant Director of Community Development, outlined the amendments proposed in the application. INTRODUCTION AND 1 ST READING BILL NO AMENDMENTS TO THE UNIFIED DEVELOPMENT CODE (UDCT ) The Mayor hearing no comments for or against, closed the public hearing at 6:25 p.m. Councilman Culpepper introduced Bill No approving amendments to Section Accessory Uses, and Section Use Groups and Description of Uses, of the City of Blue Springs Unified Development Code (UDCT ). City Clerk Sheryl Morgan made the first reading of Bill No 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 Kaylor and carried unanimously. 5

9 May 7, 2018 City Council Meeting Page 6 2 ND READING BILL NO Ms. Morgan made the second reading of Bill No by title. Councilman Carter moved to adopt Bill No upon its second reading and give it ORDINANCE NO. 4739, with a copy attached hereto and made a part of the minutes. Motion seconded by Councilman Kaylor and carried with the following vote: Councilman Culpepper Aye Councilman Kaylor Aye Councilman Lievsay Aye Councilman Fowler Aye Councilman Carter Aye Councilman Edmondson Aye Mayor Ross Aye PUBLIC HEARING FY to CAPITAL IMPROVMENTS PROGRAM STAFF REPORT Mayor Ross opened the Public Hearing on the Fiscal Years to Capital Improvements Program for the City of Blue Springs at 6:26 p.m. The minutes of the public hearing were recorded by a certified court reporter. City Clerk Sheryl Morgan entered four exhibits into the record for the public hearing. Mike Mallon, Assistant Director of Community Development, reviewed the proposed Capital Improvements Program. The Mayor hearing no comments for or against, closed the public hearing at 6:36 p.m. INTRODUCTION AND 1 ST READING BILL NO FY TO CAPITAL IMPROVEMENTS PROGRAM 2 ND READING BILL NO Councilman Culpepper introduced Bill No adopting the Fiscal Years to Capital Improvements Program for the City of Blue Springs. City Clerk Sheryl Morgan made the first reading of Bill No 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 Culpepper and carried unanimously. Ms. Morgan made the second reading of Bill No by title. Councilman Carter moved to adopt Bill No upon its second reading and give it ORDINANCE NO. 4740, with a copy attached hereto and made a part of the minutes. Motion seconded by Councilman Culpepper and carried with the following vote: Councilman Kaylor Aye Councilman Lievsay Aye Councilman Fowler Aye Councilman Carter Aye Councilman Edmondson NO Councilman Culpepper Aye Mayor Ross Aye PRESENTATION PARKS SALES TAX INTRODUCTION AND 1 ST READING BILL NO CHAPTER 655 OF Dennis Dovel, Director of Parks and Recreation provided a presentation update on the Parks Sales Tax program. A copy of the PowerPoint presentation is attached to these Minutes and incorporated herein. Councilman Culpepper introduced Bill No amending Chapter 655 Hotels and Motels Section Definitions and Rules of 6

10 May 7, 2018 City Council Meeting Page 7 THE CODE OF ORDINANCES Construction, and adding a new Section Tier Classification Procedures to the Code of Ordinances, City of Blue Springs, Missouri. City Clerk Sheryl Morgan made the first reading of Bill No 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 Kaylor and carried unanimously after discussion 2 ND READING BILL NO Ms. Morgan made the second reading of Bill No by title. Councilman Cater moved to adopt Bill No upon its second reading and give it ORDINANCE NO. 4741, with a copy attached hereto and made a part of the minutes. Motion seconded by Councilman Kaylor and carried with the following vote: Councilman Lievsay Aye Councilman Fowler Aye Councilman Carter Aye Councilman Edmondson Aye Councilman Culpepper Aye Councilman Kaylor Aye Mayor Ross Aye INTRODUCTION AND 1 ST READING BILL NO AMENDING TITLE III, SCHEDULE II, TABLE 11-A SPEED LIMITS Councilman Culpepper introduced Bill No amending the speed limit for NW Valley View Road from NW Woods Chapel Road to the west city limit to 35 miles per hour in Title III, Schedule II, Table II-A, Speed Limits of the Code of Ordinances. City Clerk Sheryl Morgan made the first reading of Bill No 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 Kaylor and carried unanimously. 2 ND READING BILL NO Ms. Morgan made the second reading of Bill No by title. Councilman Carter moved to adopt Bill No upon its second reading and give it ORDINANCE NO. 4742, with a copy attached hereto and made a part of the minutes. Motion seconded by Councilman Kaylor and carried with the following vote: Councilman Fowler Aye Councilman Carter Aye Councilman Edmondson Aye Councilman Culpepper Aye Councilman Kaylor Aye Councilman Lievsay Aye Mayor Ross Aye MAYORAL ANNOUNCEMENTS VISITORS Thoughts to ponder: Never let the fear of striking out keep you from playing the game. (Babe Ruth) James Quint addressed Council regarding panhandling in Blue Springs. 7

11 May 7, 2018 City Council Meeting Page 8 ADJOURNMENT At 6:56 p.m., there was no further business to come before the Council, Councilman Carter moved the meeting be adjourned. Motion seconded by Councilman Kaylor and carried unanimously. CITY OF BLUE SPRINGS ATTEST: Carson Ross, Mayor Sheryl Morgan, City Clerk 8

12 DATE SUBMITTED: May 15, 2018 SUBMITTED BY: Dennis Dovel CITY OF BLUE SPRINGS CITY COUNCIL INFORMATION FORM Council Meeting Date: May 21, 2018 Agenda Item #: 3b Page 1 of 2 DEPARTMENT: Parks and Rec. Ordinance ~ Resolution Presentation Public Hearing Contract Discussion Rezoning Other ISSUE/REQUEST Adopt a Resolution to enter into a contract in the amount of $154, with Tandem Paving Company, Inc., for paving of Baumgardner Park and Woods Chapel Park trails. BACKGROUND/JUSTIFICATION On April 4, 2017, the residents of Blue Springs overwhelmingly supported the passage of the Parks Sales Tax to fund deferred maintenance items throughout the City. Specific projects were outlined including budgets to demonstrate how the estimated $15 million in revenue would be used. Two of the projects outlined in the Sales Tax was the renovations to Baumgardner Park trail and Woods Chapel Park trail. Staff received a price form Tandem Paving Company, Inc. of Blue Springs to complete the work outlined from June 4, 2018 September 30, The price was acquired by using a cooperative purchasing agreement with the City of Lee's Summit. This cooperative agreement has been used in the past by the City of Blue Springs to do similar paving repairs in Total cost for the renovations is $154, which is less than the project budget for the two trails. FINANCIAL IMPACT Contractor: Tandem Paving Company, Inc. 617 SE Industrial Drive Blue Springs, MO Amount of Request/ Contract: $150, Amount Budgeted: $173, Budget Year: FY Funding Source/Account #: $124, $26,515 PROJECT TIMELINE Estimated Start Date Estimated End Date June 4, 2018 September 30, 2018 Years and Months Contract in effect Number of times renewable 4 Months 0 Staff recommends approval. STAFF RECOMMENDATION Rev. 01/02/2018

13 OTHER BOARDS & COMMISSIONS ASSIGNED Name of Board or Commission: N/A Council Meeting Date: May 21, 2018 Agenda Item #: 3b Page 2 of 2 LIST OF REFERENCE DOCUMENTS ATTACHED 1. Aerial Photos 2. Resolution with Contract attached as Exhibit A Requesting Director: Dennis Dovel Legal: Jacqueline A. Sommer REVIEWED BY Budget: Christine Cates City Administrator: SUPPORTING DOCUMENTS: (FOR CONTRACT ITEMS ONLY) Document Attached If not attached, explain Secretary of State: IZI Blue Springs Business License: IZI Or, License Number: 364 Certificate of Insurance: IZI E-Verify Affidavits: IZI E-Verify proof of enrollment: IZI Bond: IZI Wage Order, by reference Wage Order Number: 25 IRS Form W-9: Bid/RFP/RFQ: (submit all) Bid/RFP/RFQ Tabulation: Bid Waiver: (less than three bids) Contractor address and Project Exemption Certificate needed: Other: IZI IZI IZI Tandem Paving Co., Inc. 617 SE Industrial Drive Blue Springs, MO dave@tandempaving.com Rev. 01/02/2018

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16 Introduced by Councilman Resolution No A RESOLUTION APPROVING A CONTRACT WITH TANDEM PAVING CO., INC. FOR TRAIL RENOVATION AT WOODS CHAPEL PARK AND BAUMGARDNER PARK WHEREAS, OSHA requirements under Section , RSMo 2009, require: a. Any contractor for any public body for purposes of construction of public works and any subcontractor (any person entering into a subcontract with a contractor for construction of public works which employs "on-site employees" for purposes of completion of the contract) to such contractor shall provide a ten-hour Occupational Safety and Health Administration (OSHA) construction safety program for their on-site employees which includes a course in construction safety and health approved by OSHA or a similar program approved by the department which is at least as stringent as an approved OSHA program, unless such employees have previously completed the required program. All employees who have not previously completed the program are required to complete the program within sixty days of beginning work on such construction project. b. Any employee found on a work site subject to this section without documentation of the successful completion of the required course shall be afforded twenty days to produce such documentation before being subject to removal from the project. c. The contractor to whom the contract is awarded and any subcontractor under such contractor shall require all on-site employees to complete the above referenced ten-hour training program or such employees must hold documentation of prior completion of the program. Said contractor and subcontractor(s) shall comply with Section , RSMo 2009, in all respects as required in relation to work done pursuant to this contract. d. The contractor shall forfeit as a penalty to the public body on whose behalf the contract is made or awarded, two thousand five hundred dollars plus one hundred dollars for each employee employed by the contractor or subcontractor, for each calendar day, or portion thereof, such employee is employed without the required training. The penalty shall not begin to accrue until the time period referenced in subparagraphs a and b above have elapsed. e. The public body awarding the contract shall withhold and retain therefrom all sums and amounts due and owing as a result of any violations of this section when making payments to the contractor under the contract. The contractor may withhold from any subcontractor sufficient sums to cover any penalties the public body has withheld from the contractor resulting from the subcontractor's failure to comply with the terms of this section. If the payment has been made to the subcontractor without withholding, the contractor may recover the amount of the penalty resulting from the fault of the subcontractor in an action maintained in the circuit court in the county in which the public works project is located from the subcontractor. f. On-site employees are defined as laborers, workmen, drivers, equipment operators, and craftsmen employed by contractors and subcontractors to be directly engaged in construction at the site of the public works. "Directly engaged in construction" shall mean work performed in the actual erection of the structure or completion of the improvement constituting the public works. In addition, employees working at a nearby or adjacent facility used by the Rev. 12/18/2017

17 contractor or subcontractor for construction of the public works shall be deemed "on-site employees." Persons engaged solely in the transportation of materials, fuel, or equipment to the site of the public works shall not be deemed to be "directly engaged in construction; and WHEREAS, Not less than the prevailing hourly rate of wages for work of a similar character in this locality, as established and amended at any time by the Department of Labor and Industrial Relations of the State of Missouri, shall be paid to all workers performing work under this Contract; and WHEREAS, the Parks and Recreation Department prepared specifications and secured a quotation for trail renovations at Woods Chapel Park and Baumgardner Park; and WHEREAS, the Department used a cooperative purchasing agreement and now recommends that the City award a contract to Tandem Paving Co., Inc. 617 NE Industrial Drive, Blue Springs, MO 64014, for work based on scope of services in the amount of $150, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BLUE SPRINGS, MISSOURI, as follows: Section 1. The City Administrator has the authority and is hereby authorized to enter into a contract with Tandem Paving Co., Inc. 617 NE Industrial Drive, Blue Springs, MO 64014, for trail paving work at Woods Chapel Park and Baumgardner Park for an amount of $150, A copy of the Contract is attached as Exhibit "A and incorporated herein. Section 2. City staff is directed to perform all tasks necessary to implement said contract. PASSED by the City Council of the City of Blue Springs, Missouri, and approved by the Mayor of Blue Springs, this 21 st day of May, CITY OF BLUE SPRINGS ATTEST: Carson Ross, Mayor Sheryl Morgan, City Clerk Rev. 12/18/2017

18 Rev. 10/23/2017 EFFECTIVE DATE: TERMINATION DATE: CONTRACT NUMBER: May 21, 2018 September 30, 2018 City of Blue Springs CITY CONTRACTOR Tandem Paving Company, Inc. 903 West Main Street 617 SE Industrial Drive Blue Springs, MO Blue Springs, MO Attention: Dennis Dovel Attention: David Smith Department: Parks and Recreation Phone: I Fax: Phone: Fax: Tax ID Number: CONTRACTOR CONTRACT THIS CONTRACT, made and entered into this day of 20_, by the parties identified above. WITNESSETH: WHEREAS, the City of Blue Springs desires to engage the Contractor to perform certain professional and technical services, construction and labor and/or provide materials and equipment as hereafter described in connection with a project more particularly described in Exhibit 1; and WHEREAS, the Contractor made certain representations and statements to the City with respect to the provision of such services and the City has accepted said proposal; NOW, THEREFORE, for the considerations herein expressed, it is agreed by and between the City and the Contractor as follows: 1. Services. The City agrees to engage the services of the Contractor and the Contractor agrees to perform the services hereinafter set forth in connection with projects described in Exhibit 1 in accordance with the standard of care, skill, expertise, materials, and requirements set forth in the drawings and specifications. 2. Addition to Services. The City may add to the Contractor services or delete therefrom activities based on unit cost as set forth in Exhibit 1 or the bid document(s) associated with this contract, or by written Change Orders that may be agreed to by both the City and Contractor, provided that the total cost of such work will be added to, or deleted from, the total cost as specified in Paragraph 6 hereof. The Contractor shall undertake such changed activities only upon the direction of the City. All such directives and changes shall be in written form and prepared and approved by the Department Head for the City as related to this contract, or his designee, with approval of the City Council if required, and shall be accepted and countersigned by the Contractor. Page 1

19 Rev. 10/23/ Exchange of Data. All information, data, plans, and reports in the City's possession and necessary for the carrying out of the work, shall be furnished to the Contractor without charge, and the parties shall cooperate with each other in every way possible in carrying out the scope of services. 4. Personnel. The Contractor represents that Contractor will secure at Contractor's own expense, all personnel required to perform the services called for under this contract by Contractor. Such personnel shall not be employees of or have any contractual relationship with the City except as employees of the Contractor. All of the services required hereunder will be performed by the Contractor or under Contractor's direct supervision and all personnel engaged in the work shall be fully qualified and shall be authorized under state and local law to perform such services. None of the work or services covered by this contract shall be subcontracted without the written approval of the City. 5. Term. The services of the Contractor shall commence as soon as practicable after the execution of this contract, unless otherwise directed in writing, and shall be undertaken and completed in such sequence as to assure their expeditious completion in the light of the purposes of the contract. but in any event, all of the services required hereunder shall be completed as set forth in the schedule for the project which is attached hereto as Exhibit Costs not to Exceed. The City of Blue Springs is limited by law and its bidding and procurement process with respect to the amount of money it can pay. Therefore, the City has established a fixed sum amount, based on the bid proposal after a competitive bidding process, as described in the Maximum Payment section of Exhibit 1 for this contract and Paragraph 7.b which cannot be exceeded unless this contract is amended. The Contractor shall notify the City if Contractor anticipates that the contract amount may be exceeded, in order to determine whether or not the City is prepared to increase the total compensation. 7. Payment. a. Conditioned upon acceptable performance. Provided Contractor performs the services in the manner set forth in Paragraph 1 hereof, the City agrees to pay the Contractor in accordance with the terms set forth in Exhibit 1, which shall constitute complete compensation for all services to be rendered under this contract; provided, that where payments are to be made periodically to Contractor for services rendered under this contract, the City expressly reserves the right to disapprove in whole or in part a request for payment where the services rendered during the period for which payment is claimed are not performed in a timely and satisfactory manner in accordance with the schedule and description of services set forth in Exhibit 1. b. Total compensation not to exceed. It is expressly understood that in no event will the total compensation and reimbursement to be paid to the Contractor under the terms of this contract exceed, the sum of One Hundred fifty-four thousand four 00/100 Dollars ($154,004.00) unless agreed to by City and Contractor in writing. 8. Termination of Contract. a. Termination for breach. Failure of the Contractor to fulfill Contractor's obligations under this contract in a timely and satisfactory manner in accordance with the schedule and description of services set forth in Exhibit 1 shall constitute a breach of the contract. and the City shall thereupon have the right to immediately terminate the contract. The City shall give written notice of termination to the Contractor by one of three different means: Facsimile Page 2

20 Rev. 10/23/2017 Transmission ("FAX") if Contractor has a FAX number; U.S. Postal Service Mail; or by hand delivering a copy of the same to the Contractor; or may give notice by any combination of the above methods. The date of termination shall be the date upon which notice of termination is hand delivered to Contractor or given by FAX, or the third day following mailing of the notice of termination, whichever first occurs. In the event of termination for breach, all finished or unfinished deconstruction, reconstruction, new construction, repairs, and materials as required of the Contractor under this contract shall at the option of the City become its property, and the Contractor shall be entitled to receive just and equitable compensation for any satisfactory work completed on such project; provided, that the Contractor shall not be relieved of liability to the City for damages sustained by the City by virtue of any such breach of the contract by the Contractor. b. Termination for Convenience. The City shall have the right at any time by written notice to Contractor to terminate and cancel this contract, without cause, for the convenience of the City, and Contractor shall immediately stop work. In such event City shall not be liable to Contractor except for payment for actual work performed prior to such notice in an amount proportionate to the completed contract price and for the actual costs of preparations made by Contractor for the performance of the cancelled portions of the contract, including a reasonable allowance of profit applicable to the actual work performed and such preparations. Anticipatory profits and consequential damages shall not be recoverable by Contractor. 9. Conflicts. No salaried officer or employee of the City and no member of the City Council shall have a financial interest, direct or indirect, in this contract. A violation of this provision renders the contract void. Any federal regulations and applicable provisions in Section et seq. RSMo. sha ll not be violated. Contractor covenants that it presently has no interest and shall not acquire any interest, direct or indirect, which would conflict in any manner or degree with the performance of services to be performed under this contract. The Contractor further covenants that in the performance of this contract no person havi ng such interest shall be employed. 10. Assignment. The Contractor shall not assign any interest in this contract, and shall not transfer any interest in the same (whether by assignment or novation), without prior written consent of the City thereto. Provided, however, that claims for money due or to become due to the Contractor from the City under this contract may be assigned to a bank, trust company, or other financial institution without such approval. Notice of such assignment or transfer shall be furnished in writing promptly to the City. Any such assignment is expressly subject to all rights and remedies of the City under this contract, including the right to change or delete activities from the contract or to terminate the same as provided herein, and no such assignment shall require the City to give any notice to any such assignee of any actions which the City may take under this contract, though City will attempt to so notify any such assignee. 11. Discrimination. The Contractor agrees in the performance of this contract not to discriminate on the ground or because of race, creed, color, national origin or ancestry, sex, religion, handicap, age, or political opinion or affiliation, against any employee of Contractor or applicant for employment and shall include a similar provision in all subcontracts let or awarded hereunder. 12. Occupational License: The Contractor shall obtain and maintain an occupational license with the City of Blue Springs, Missouri, if required by City Code and any required state or federal license. The cost for this occupational license shall be borne by the Contractor. Contractor shall Page 3

21 Rev. 10/23/2017 not purchase materials or begin work on this contract until this occupational license has been obtained. 13. Compliance with Laws. Contractor agrees to comply with all applicable federal, state and local laws or rules and regulations applicable to the provision of services and products hereunder. Contractor affirmatively states that payment of all local, state, and federal taxes and assessments owed by Contractor is current. 14. American Made Products. Pursuant RSMo , as amended, if this contract is for more than $25,000.00, and is for the purchase or lease of manufactured goods or commodities by the City, or is a contract with the City for construction, alteration, repair, or maintenance of any public works, then any manufactured goods or commodities used or supplied in the performance of this contract or any subcontract thereto shall be manufactured or produced in the United States, unless that requirement is determined to not apply or be exempted based on the provisions in said referenced statute. 15. Nonresident/Foreign Contractors. The Contractor shall procure and maintain during the life of this contract: a. If the Contractor is a foreign corporation, a certificate of authority to transact business in the State of Missouri from the Secretary of State, unless exempt pursuant to the provisions of Section RSMo. (See also, Section RSMo. as to consequences of failing to comply.) b. A certificate from the Missouri Director of Revenue evidencing compliance with the transient employer financial assurance law, unless exempt pursuant to the provisions of Section RSMo. 16. General Independent Contractor Clause. This contract does not create an employee/employer relationship between the parties. It is the parties' intention that the Contractor will be an independent contractor and not the City's employee for all purposes, including, but not limited to, the application of the Fair Labor Standards Act minimum wage and overtime payments, Federal Insurance Contribution Act, the Social Security Act, Missouri Prevailing Wage requirements, the Federal Unemployment Tax Act, the provisions of the Internal Revenue Code, Missouri revenue and taxation laws, Missouri workers' compensation and unemployment insurance laws. The Contractor will retain sole and absolute discretion in the judgment of the manner and means of carrying out the Contractor's activities and responsibilities hereunder. The Contractor agrees that it is a separate and independent enterprise from the public employer, that it has a full opportunity to find other business, that it has made its own investment in its business, and that it will utilize a high level of skill necessary to perform the work. This contract shall not be construed as creating any joint employment relationship between the Contractor and the City, and the City will not be liable for any obligation incurred by the Contractor, including but not limited to unpaid minimum wages and/or overtime premiums. 17. City Benefits. The Contractor shall not be entitled to any of the benefits established for the employees of the City nor be covered by the Worker's Compensation Program of the City. 18. Insurance. Contractor agrees to maintain insurance as set forth below and provide to City certificates of coverage evidencing said coverage at the time of signing of this contract and on each anniversary of such insurance coverage during the term of this contract and any renewals, which certificates, if available and possible, contains a provision that the policy will not be Page 4

22 Rev. 10/23/2017 cancelled unless and until thirty (30) days' notice of said cancellation has been given to the City, but, in any event, the Contractor, any time after the Contract has been signed, shall notify the City of any impending cancellation, actual cancellation, termination or nonrenewal of the policy by faxing or delivering to the City a copy of the insurer's cancellation, termination or nonrenewal notice to Contractor within two (2) business days of Contractor's receipt of said notice. Contractor shall also advise the City in writing within two (2) business days of any oral or other advisement by the insurer of any impending cancellation, actual cancellation, termination or nonrenewal of the policy. (If the City gives written permission for some of the work under this contract to be subcontracted or it is subcontracted, Contractor shall assure that the subcontractor has the insurance set forth below and that the City and Contractor are listed as an additional insured on all of subcontractor's policies): a. Comprehensive General Liability: Minimum limit $1,000,000 combined single limit for bodily injury and property damage per occurrence with City named as an additional insured on the policy. b. Comprehensive Automobile Liability: $1,000,000 combined single limit with City named as an additional insured on the policy. c. Workers' Compensation: statutory requirements. The provision of insurance shall not be construed, nor is intended, to be a waiver of sovereign immunity or any other defense available to City, its officers, agents or employees except to the extent insurance coverage is actually provided. 19. Liability and Indemnity. The parties mutually agree to the following: a. In no event shall the City be liable to the Contractor for special, indirect, or consequential damages, except those caused by the City's gross negligence or willful or wanton misconduct arising out of or in any way connected with a breach of this contract. The maximum liability of the City shall be limited to the amount of money to be paid or received by the City under this contract. b. The Contractor shall defend, indemnify, and hold the City and its elected or appointed officials, officers, employees and agents harmless from and against all actual claims and alleged claims and all damages, including but not limited to losses, liabilities, costs, expenses and attorney fees arising out of personal injuries, including illness or death, and damage to, or destruction of, property, which are caused by the Contractor or the Contractor's agents, employees, sub-contractors or by others for whom Contractor is liable arising out of or in any way connected with or resulting from, performance of, or failure to perform, this contract, regardless of whether or not caused in part by any act or omission of City, its elected or appointed officials, officers, employees or agents. Contractor affirms that it has had the opportunity to recover the costs of the liability insurance required in this contract in its contract price. Contractor's obligation under this contract to defend, indemnify, and hold harmless any person from that person's own negligence or wrongdoing is limited to the coverage and limits of the applicable insurance required of the Contractor under this contract. c. The Contractor shall indemnify and hold the City harmless from all wages or overtime compensation due its employees in rendering services pursuant to this contract, including payment of reasonable attorneys' fees and costs in the defense of any claim made under the Fair Labor Standards Act or any other federal or state law. Page 5

23 Rev. 10/23/2017 d. The indemnification obligations of Contractor hereunder shall not be limited by any limitations as to the amount or type of damages, compensation or benefits payable by or for the Contractor, under any federal or state law, to any person asserting the claim against City, its elected or appointed officials, officers, agents and employees, for which indemnification is sought. e. The indemnification obligations herein shall not negate, abridge or reduce in any way any additional indemnification rights of the City, its elected or appointed officials, officers, agents and employees, which are otherwise available under statute, or in law or equity. f. This contract, and any part of it, is not intended to act as a waiver or limitation of City, or any of its officer's, agent's or employee's rights and/or defenses with regard to sovereign or any other immunity or defense under Federal Law, Missouri Law or Municipal Regulation. 20. Excessive Unemployment Requirements. Whenever there is a period of excessive unemployment in this State (Missouri), as defined by Section RSMo., any contractor constructing or building any public works project or improvement as defined in Section RS Mo. shall employ only Missouri laborers and laborers from nonrestrictive states on such project or improvement in compliance with Sections thru RSMo. 21. Payment Bond. If this contract is estimated to exceed $50,000 and is a public works contracts which involves the election, construction, alteration, repair or improvement of any building, road, street, public utility or other public facility owned by the City, every contractor for such work shall furnish to the City a bond with good and sufficient sureties in the amount of the contract, or such other amount fixed by the City, and such bond, among other conditions, shall be conditioned for the payment of any and all materials, incorporated, consumed or used in connection with the construction of such public work, and all insurance premiums, both for compensation, and for all other kinds of insurance, said work, and for all labor performed in such work whether by subcontractor or otherwise, such that said bond and the giving thereof, shall comply with Section RS Mo. 22. Prevailing Wage. Not less than the prevailing hourly rate of wages for work of a similar character in this locality, as established and amended at any time by the Department of Labor and Industrial Relations of the State of Missouri, shall be paid to all workers performing work under this contract. The penalties forfeited to the City for violations of the Prevailing Wage Act for each workman employed, for each calendar day, or portion thereof, such workman is paid less than their said stipulated rates for any work done under said contract shall be one hundred dollars ($100) per worker, per day. 23. OSHA Requirements under Section RSMo. a. Any contractor for any public body for purposes of construction of public works and any subcontractor (any person entering into a subcontract with a contractor for construction of public works which employs "on-site employees" for purposes of completion of the contract) to such contractor shall provide a ten-hour Occupational Safety and Health Administration (OSHA) construction safety program for their on-site employees which includes a course in construction safety and health approved by OSHA or a similar program approved by the department which is at least as stringent as an approved OSHA program, unless such employees have previously completed the required program. All employees who have not previously completed the program are required to complete the program within sixty days of beginning work on such construction project. Page 6

24 Rev. 10/23/2017 b. Any employee found on a work site subject to this section without documentation of the successful completion of the required course shall be afforded twenty days to produce such documentation before being subject to removal from the project. c. The contractor to whom the contract is awarded and any subcontractor under such contractor shall require all on-site employees to complete the above referenced ten-hour training program or such employees must hold documentation of prior completion of the program. Said contractor and subcontractor(s) shall comply with Section , RSMo. 2009, in all respects as required in relation to work done pursuant to this contract. d. The contractor shall forfeit as a penalty to the public body on whose behalf the contract is made or awarded, two thousand five hundred dollars plus one hundred dollars for each employee employed by the contractor or subcontractor, for each calendar day, or portion thereof, such employee is employed without the required training. The penalty shall not begin to accrue until the time period referenced in subparagraphs (a) and (b) above have elapsed. e. The public body awarding the contract shall withhold and retain therefrom all sums and amounts due and owing as a result of any violations of this section when making payments to the contractor under the contract. The contractor may withhold from any subcontractor sufficient sums to cover any penalties the public body has withheld from the contractor resulting from the subcontractor's failu re to comply with the terms of this section. If the payment has been made to the subcontractor without withholding, the contractor may recover the amount of the penalty resulting from the fault of the subcontractor in an action maintained in the circuit court in the county in which the public works project is located from the subcontractor. f. "On-site employees" are defined as laborers, workmen, drivers, equipment operators, and craftsmen employed by contractors and subcontractors to be directly engaged in construction at the site of the public works. "Directly engaged in construction" shall mean work performed in the actual erection of the structure or completion of the improvement constituting the public works. In addition, employees working at a nearby or adjacent facility used by the contractor or subcontractor for construction of the public works shall be deemed "on-site employees." Persons engaged solely in the transportation of materials, fuel, or equipment to the site of the public works shall not be deemed to be "directly engaged in construction." 24. Enrollment in Work Authorization Program and Affidavit Concerning Employment of Unauthorized Aliens. If this contract, awarded to a business entity, is in excess of five thousand dollars, the business entity, and any subcontractors of the business entity, shall, by sworn affidavit and provision of documentation, affirm its or their enrollment and participation in a federal work authorization program with respect to the employees working in connection with the contracted services. (Note: If the contract is not in excess of five thousand dollars, this provision does not apply and the affidavits need not be signed.) Every such business entity, and any subcontractors of the business entity, shall also sign an affidavit affirming that it does not knowingly employ any person who is an unauthorized alien in connection with the contracted services. A subcontractor shall provide similar affidavits and documentation to the Contractor at the time the subcontractor is hired pursuant to Section 15 CSR A federal work authorization program is any of the electronic verification of work authorization programs operated by the United States Department of Homeland Security or an equivalent federal work authorization program operated by the United States Department of Homeland Security to verify information of newly hired employees, under the Immigration Reform and Control Act of 1986 Page 7

25 Rev. 10/23/2017 (IRCA), P.L A business entity is any person or group of persons performing or engaging in any activity, enterprise, profession, or occupation for gain, benefit, advantage, or livelihood. The term business entity shall include but not be limited to self-employed individuals (except it shall not include a self-employed individual with no employees), partnerships, corporations, contractors, and subcontractors. The following two Affidavits shall be used by the Contractor and any subcontractors that are required to sign affidavits: Page 8

26 Rev. 10/23/2017 AFFIDAVIT AND PROVISION OF DOCUMENTATION STATE OF MISSOURI COUNTY OF JACKSON ) ) ss. ) Affiant, J?_-L.-_,_r-=e -=s-'-i_c\-=e.o'-'--f (title) of the Tandem Pavlna Co., Inc. (contractor's full name) having been duly sworn, states upon his/her oath: 1. My name is00..,v't'd 1) s(\;t ifh I I am a representative of the business entity, or a subcontractor of the business entity, entering into this contract with the City of Blue Springs who is authorized to sign this affidavit on behalf of that business entity. 2. I hereby swear or affirm the above named business entity does not knowingly employ any person who is an unauthorized alien in connection with the contracted services. 3. I also swear and affirm to the accuracy of the attached documentation evidencing the above named business entity's enrollment and participation in a federal work authorization program with respect to the employees working in connection with the contracted services. Avj FURTHER AFFIANT SAYETH NOT. ~JL Dttv1 d C) SMi\:b \\Jl~res\d~ (Print Name & Title) Subscribed, acknowledged, and sworn to before me by 1) M,d OS.- 11\\Yis flllt day of cfm{, 201 2, Ul My Commission Expires: BRIDGET R BEG Notary Public Notary Seal State of Missouri Commissioned for Jackson County My Commission Expires: April 14, 2022 Commission Number: Page 9

27 Rev. 10/23/20 17 AFFIDAVIT CONCERNING EMPLOYMENT OF UNAUTHORIZED ALIENS STATE OF MISSOURI ) ) ss. COUNTY OF JACKSON ) Affiant, J)ti,vid O Sr»i-~ l\/ (title) Tandem Paving Co., Inc. of (contractor's full name) having been duly sworn, states upon his/her oath: 1. My name isvav, d l) ~ fv\ih,)fi am a representative of the business entity, or a subcontractor of the business entity, entering into this contract with the City of Blue Springs who is authorized to sign this affidavit on behalf of that business entity. 2. I hereby swear or affirm the above named business entity does not knowingly employ any person who is an unauthorized alien in connection with the contracted services. FURTHER AFFIANT SAYETH NOT. M L>a v~& L) 2:>M,~ P./ 1 Pres,Jen+ (Print Name & Title) ;\..., JD s(i\,¾ \ '~ Subscribed, acknowledged, and sworn to before me by 'YJl 1 this _u day of ~,2018. ~ ~~ KB~ My Commission Expires: BRIDGET R BECKA Notary Public Notary Seal State of Missouri commissioned for JacksOn County My Commission Expires: Apr!! 14, 2022 commission Number: Page 10

28 Rev. 10/23/ Notices. All notices required or permitted hereunder and required to be in writing may be given by FAX or by first class mail addressed to City and Contractor at the addresses shown above. The date of delivery of any notice given by mail shall be the date falling on the third day after the day of its mailing. The date of delivery of notice by FAX transmission shall be deemed to be the date transmission occurs, except where the transmission is not completed by 5:00 p.m. on a regular business day at the terminal of the receiving party, in which case the date of delivery shall be deemed to fall on the next regular business day for the receiving party. 26. Jurisdiction. This contract and every question arising hereunder shall be construed or determined according to the laws of the State of Missouri. Should any part of this contract be litigated, venue shall be proper only in the Circuit Court of Jackson County, Missouri at Independence. 27. Entire Contract. This contract contains the entire contract of the parties. No modification, amendment, or waiver of any of the provisions of this contract shall be effective unless in writing specifically referring hereto, and signed by both parties. IN WITNESS WHEREOF, the parties hereto have set their hands and seals on the day and year herein stated. CONTRACTOR: Tandem Paving Company, Inc. CITY OF BLUE SPRINGS, MISSOURI By:_~_ 7-f_C- Name: David D. Smith IV Title: President Eric Johnson, City Administrator APPROVED AS TO FORM City Attorney Page 11

29 Rev. 3/02/2017 Exhibit 1 to Contract Scope of Work Name of Contractor Tandem Paving Company, Inc. 617 SE Industrial Drive Blue Springs, MO Scope of Work (Job Description) Remove approximately 4, 187 square yards of asphalt and replace asphalt trail surface with approximately 985 tons of asphalt located at Woods Chapel Park and removal of 300 square yards of asphalt trail surface and replace with approximately 179 tons of asphalt mix at Baumgardner Park as specified in Attachment A. Start Date June 4, 2018 Attachments: 1) Prevailing Wage Order #25, by reference Interim Deadlines (if applicable) Date Phase of Project To Be Completed Final Completion September 30, 2018 Deadline Reimbursable Expenses ~ None Travel, Lodging, Meals, Phone Calls, Copying, Postage Maximum Payment $154,004 Maximum Payment for Services Rendered $0.00 Maximum Amount Of Expenses To Be Reimbursed $154,004 Total Maximum Amount To Be Paid To Contractor Method of Payment Lump Sum Of Entire Amount Upon Satisfactory Completion of Project Monthly Payments Based On Rate of$ Per Hour ~ Incremental Payments As Follows: Monthly as billed. % retainage held until completion of project. Pa e 12

30 Attachment A BLUE SPRINGS PARKS DEPT 2018 ASPHALT TRAIL PROJECTS Unit Price Total BAUMGARDNER PARK 4" ASPHALT REMOVAL 226 SY $12.00 SY $ 2, " ASPHALT REMOVAL 74 SY $7.00 SY $ ASPHALT FOR PATCH 64 TONS $ TO! $ 7, FINISH COURSE ASPHAI 115 TONS $95.00 TON $ 10, (3)BOBCATS 16 HRS $85.00 HR $ 4, MILL ASPHALT 6 HRS $ HR $ TOTAL $ 26, WOODS CHAPEL PARK 4" ASPHALT REMOVAL,4,187 SY $12.00 SY $ 50, FINISH COURSE ASPHAI 985 TONS $65.00 TON $ 64, (3) BOBCATS 40 HRS $85.00 HR $ 10, TOTAL $ 124, PERFORMANCE BOND $ 3, PROJECT TOTAL $ 154,004.00

31 CITY OF BLUE SPRINGS CITY COUNCIL INFORMATION FORM Council Meeting Date: May 21, 2018 Agenda Item #: 3c Page 1 of 2 DATE: May 14, 2018 SUBMITTED BY: Sheryl Morgan DEPARTMENT: Administration IB Ordinance Resolution Presentation Public Hearing Agreement Discussion Rezoning Other ~ ISSUE/REQUEST Pursuant to Blue Springs Home Rule Charter Section 4.4.C Powers and Duties; Appointments, the Mayor appoints all members of committees, boards, and commissions, with the advice and consent of the majority of the Council. The main slate of appointments and reappointments were submitted to Council for approval on May 7, Additional appointments are submitted to Council for approval. BACKGROUND/JUSTIFICATION The list of the Mayor s annual appointments and reappointments for terms expiring in 2018 for approval by Council are as follows: Downtown Review Board: New appointment: Ken Billups, Jr. Planning Commission Rep #1 Reappoint: Joe Haney Planning Commission Rep #2 Jacqueline Fairbanks Planning Commission Rep Alt. Human Relations Commission: New appointment: Planning Commission: New appointment: Marjorie Major Chairman Billy Washington Vice Chairman LaKeisha Veal Public Safety Citizens Advisory Board: New appointment: Cynthia Savel - Chairman Contractor: FINANCIAL IMPACT N/A Estimated Start Date N/A PROJECT TIMELINE Estimated End Date N/A N/A STAFF RECOMMENDATION Rev. 2/17/16

32 Council Meeting Date: May 21, 2018 Agenda Item #: 3c Page 2 of 2 OTHER BOARDS & COMMISSIONS ASSIGNED Name of Board or Commission: N/A 1. N/A LIST OF REFERENCE DOCUMENTS ATTACHED IF CONTRACT REQUIRED: E-Verify Affidavits Required? N/A Parent Company: Requesting Director: Sheryl Morgan Legal: Jacqueline A. Sommer REVIEWED BY Budget: City Administrator: Rev. 2/17/16

33 CITY OF BLUE SPRINGS, MISSOURI CITY COUNCIL May 21, 2018 EXHIBITS FOR PUBLIC HEARING DE-ANNEXATION OF PROPERTY LOCATED APPROXIMATELY 600 FEET EAST OF NE JELLISON ROAD AND 400 FEET SOUTH OF EAST PINK HILL ROAD (APPROXIMATELY 1.0 +/- ACRE) FROM THE CITY LIMITS (DEAX ) EXHIBIT #1 Council Information Form with attachments: Staff Report with attachments: Affidavit of Publication in The Examiner on April 28, 2018, Application with attachments, 185ft. Notification Map, Names/addresses of property owners within 185ft. of site, copy of letter sent to said property owners, Title IV, Land Use Section - Blue Springs Code of Ordinances (by reference), 2014 Comprehensive Plan (by reference), Order Approving Annexation dated May 6, 1974, and Bill No approving deannexation.

34 DATE SUBMITTED: May 15, 2018 CITY OF BLUE SPRINGS CITY COUNCIL INFORMATION FORM Council Meeting Date: May 21, 2018 Agenda Item #: 4 & 5 Page 1 of 2 SUBMITTED BY: Mike Mallon DEPARTMENT: Community Development Ordinance Resolution Presentation Public Hearing ~ Contract Discussion Rezoning Other ISSUE/REQUEST A public hearing is being held at the request of the applicants, William H. Dunning, Linda S. Dunning, and Herbert L. Dunning, for consideration to approve a de-annexation of property approximately 600 feet east of NE Jellison Road and 400 feet south of East Pink Hill Road (approximately 1.0 +/- acre) from the City limits. (DEAX ) Upon conclusion of the public hearing, a bill approving the de-annexation will be ready for introduction and readings. BACKGROUND/JUSTIFICATION The subject property was approved by the City Council to be annexed into the City of Blue Springs on July 16, 1973 (Ordinance No. 698) and subsequently proceeded through the formal annexation procedures, election and approval by the Circuit Court. The applicants own both the subject property, which is within the corporate limits of the City, as well the parcel directly adjacent to the north that is unincorporated and contains the primary residence of the property owners. The applicants are desiring to construct a large accessory barn or outbuilding on their unincorporated property; however, they are limited by the county regulated setbacks for the outbuilding adjacent to the property within the City limits and are consequently unable to construct the outbuilding as they are intending due to having a separate parcel in the City limits. Therefore, the applicants are requesting to de-annex the parcel from the City limits. The proposed de-annexation does not have a negative impact on the goals and policies of the Comprehensive Plan. The subject property is a rural, land locked parcel that does not front any public streets or right-of-way. The property is located adjacent to unincorporated property owned by the same property owner and does not contain any buildings or other primary structures. The location of the property adjacent to the northern outer boundary of the City limits would not create any enclaves or "holes" within the overall City boundary, should the deannexation be approved. The property is currently served by City of Independence water and has a septic system. The City has no capital improvement projects to extend city water and sewer lines to serve the subject property and there are no development proposals in process or known at this time that would be required to extend utilities to serve the property. The deannexation of the subject property to be within the same jurisdictional control as the other property, which contains the primary residence, is appropriate. Contractor: FINANCIAL IMPACT N/A Rev. 01/02/2018

35 Council Meeting Date: May 21, 2018 Agenda Item #: 4 & 5 Page 2 of 2 Estimated Start Date N/A PROJECT TIMELINE Estimated End Date N/A Staff recommends approval. STAFF RECOMMENDATION OTHER BOARDS & COMMISSIONS ASSIGNED Name of Board or Commission: Planning Commission Date: May 14, 2018 Action: The Planning Commission voted unanimously to recommend approval of the de-annexation request. (8-Aye, 0-No) LIST OF REFERENCE DOCUMENTS ATTACHED 1. Staff Report with attachments: Affidavit of Publication in The Examiner on April 28, 2018, Application with attachments, 185ft. Notification Map, Names/addresses of property owners within 185ft. of site, copy of letter sent to said property owners, Title IV, Land Use Section - Blue Springs Code of Ordinances (by reference), 2014 Comprehensive Plan (by reference) 2. Order Approving Annexation dated May 6, Bill Requesting Director: Mike Mallon Legal: Jacqueline A. Sommer REVIEWED BY Budget: City Administrator: Rev. 01/02/2018

36 BtTI~ Sp~ngs PLANNING COMMISSION STAFF REPORT Meeting Date: May 14, 2018 Agenda Item: 2 Case File Number: DEAX Project Name: Type of Application: Request: 1750 E. Pink Hill Rd. De-Annexation De-Annexation of 1.0 +/- acres out of the corporate limits of the City of Blue Springs Applicant: Property Owner: Engineer: Attorney: Address: General Location: Area: No. of Lots: Existing Zoning: Existing Land Use: Comprehensive Plan Designation: William H. Dunning, Linda S. Dunning, Herbert L. Dunning William H. Dunning, Linda S. Dunning, Herbert L. Dunning N/A N/A 1750 E. Pink Hill Rd. Approximately 600 feet east of NE Jellison Rd. and 400 feet south of East Pink Hill Road 1.0 +/- acres N/A (Not Platted) RE (Residential Estate) Single Family Residential Detached Housing Attachments: o Site location maps o Legal description of de-annexation area o Public notice documents o Application with attachments Planning Commission: May 14, 2018 City Council: May 21, 2018 Planner: Mike Mallon, Assistant Director Community Development Page 1 of 4

37 Project: 1750 E. Pink Hill Rd. Deannexation Plan Case: DEAX BACKGROUND INFORMATION/SUMMARY: The applicants, William H. Dunning, Linda S. Dunning, and Herbert L. Dunning, are requesting to de-annex an 1.0 +/- acre property from the corporate limits of the City of Blue Springs. The subject property was approved by the City Council to be annexed into the City of Blue Springs on July 16, 1973 (Ordinance No. 698) and subsequently proceeded through the formal annexation procedures, election and approval by district court. The applicants own both the subject property which is within the corporate limits of the City, as well the parcel directly adjacent to the north that is unincorporated and contains the primary residence of the property owners. The applicants are desiring to construct a large accessory barn or outbuilding on their unincorporated property; however, they are limited by the county regulated setbacks for the outbuilding adjacent to the property within the City limits and are consequently unable to construct the outbuilding as they are intending due to having a separate parcel in the City limits. Therefore, the applicants are requesting to de-annex the parcel from the City limits. PREVIOUS ACTIONS/APPROVALS: The property was approved to be annexed into the City of Blue Springs in 1973 by Ord. 698, as part of a City-initiated annexation and subsequent election and court declaration. FUTURE APPLICATIONS/REVIEWS ANTICIPATED OR REQUIRED: There are no additional applications anticipated for the subject property at this time. ABUTTING ZONING AND LAND USES: Direction Current Zoning Surrounding Land Uses North: Unincorporated Jackson County Single Family homes South: RE Single Family homes East: RE Single Family homes West: RE Single Family homes RECOMMENDATION: Staff recommends approval of the de-annexation request. SPECIAL INFORMATION Section of the Blue Springs Municipal Code provides that detachment of territory (deannexation) of any portion of land within the corporate limits of the City of Blue Springs can be considered after the following has been provided: A. Application Submittal. A complete application for the detachment of territory (deannexation) shall be submitted to the Community Development Director in a form established by the City (De-Annexation application), along with a non-refundable fee that has been established by the City to defray the cost of processing the application. No application shall be processed until the application is complete and the required fee has been paid. The application shall be made and shall be signed by all owners of lands that the owners seek to have detached (de-annex). If the application is not submitted by all Page 2 of 4

38 Project: 1750 E. Pink Hill Rd. Deannexation Plan Case: DEAX such owners, that fact shall be noted on the application along with the names and addresses of all owners who are not a party to the application. The following shall be submitted in support of a detachment (de-annexation) application: 1. A written explanation of why the detachment of territory (de-annexation) is being requested. 2. Names and addresses of all owners of property abutting the proposed territory to be detached (de-annexed). 3. Notarized affidavit(s) from each owner(s) of land that is proposed to be detached (deannexed), who are not listed as an applicant, indicating their consent to the detachment of territory (de-annexation). 4. A survey or such other drawing acceptable to the Community Development Director depicting the proposed territory to be detached (de-annexed), any utilities contained therein, and the properties and each property s ownership surrounding the proposed territory to be detached (de-annexed). 5. A legal description to be detached (de-annexed). Notice Of Public Hearing 1. Newspaper notice. Notice of the time and place of the scheduled public hearing before the Planning Commission shall be published in a newspaper of general circulation at least two (2) weeks prior to the public hearing, said notice to include the legal description of the property to be detached (de-annexed). 2. Written notice. The City will attempt to notify, by mail, all owners of property abutting the proposed territory to be detached (de-annexed). Further, The Director of Community Development shall prepare a staff report that reviews the proposed detachment (de-annexation) request in light of the Comprehensive Plan and the general needs of the City to include the proposed detachment's effect on surrounding land within the City. The proposed de-annexation does not have a negative impact on the goals and policies of the Comprehensive Plan. The subject property is a rural, land locked parcel that does not front any public streets or right-of-way. The property is located adjacent to unincorporated property owned by the same property owner and does not contain any buildings or other primary structures. The location of the property adjacent to the northern outer boundary of the City limits would not create any enclaves or gaps within the overall City boundary, should the deannexation be approved. The property is currently served by City of Independence water and has a septic system. The City has no capital improvement projects to extend city water and sewer lines to serve the subject property and there are no development proposals in process or known at this time that would be required to extend utilities to serve the property. The primary reason the applicant is requesting to de-annex is the desire to construct a large outbuilding on his properties. The fact that one property is within the City of Blue Springs and the other is unincorporated creates issues related to the setbacks required for the new building. In Page 3 of 4

39 Project: 1750 E. Pink Hill Rd. Deannexation Plan Case: DEAX addition, there are no plans to extend and make available city utilities to serve the property. The deannexation of the subject property to be within the same jurisdictional control as the other property, which contains the primary residence, is appropriate. REVIEW CRITERIA: The Planning Commission shall consider the detachment (de-annexation) request at a regular meeting and in light of the Comprehensive Plan, the public hearing and the general needs of the City to include the proposed detachment's effect on surrounding land within the City. After such consideration, the Planning Commission shall make a recommendation to approve or disapprove the detachment (de-annexation). The Planning Commission recommendation shall be provided to the City Council and the applicant at least five (5) days before the meeting at which the City Council considers the detachment (de-annexation). STAFF RECOMMENDATION: Staff recommends approval of the proposed de-annexation application. If de-annexed, the site would be limited to minimum 3-acre single family residential lots on septic systems. This use of the property is appropriate given the location on the fringe of the City limits and the surrounding large lot residential development. Page 4 of 4

40 ch AG l J - NE Pink Hill Rd Jackson County - General Zoning District RE CS SF-12 T3 SF-7 T4 TF T5 MF-10 MF Cl - Cl ISSI MF-18 - MF-20 NB SO PLOS GB ~ CB RC LI HI -COUNTY AG RE-C GB-C LI-C HI-C Downtown Zoning District Overlay Districts Cl ADP-O H-O PR-O R-O Conservation District PUD Concept Plan Planned Development SF-7 Jackson County NE Jellison Rd SITE RE RE SF-12-7 NE Quail Walk Ct NE Tara Cir NE Glen Dr NE Hunters Ct NE Tara Ct NE Glenfield Ct NE Kestral Ct NE Prairie Falcon Dr NE Kestral Dr SF-12 NE Peregrin Dr NE Falcon Wood Dr NE Gyr Falcon Dr NE Goshawk Ct NE Peregrin Cir AG NE Roanoke Dr SF-7 RE RE DEAX WILLIAM & LINDA HERBERT 1750 E PINK HILL RD ± SITE LOCATION MAP Ct B1ti~ Springs ,000 Feet

41 Jackson County NE Pink Hill Rd Jackson County NE Jellison Rd SITE NE Tara Cir NE Glen Dr NE Hunters Ct NE Tara Ct NE Kestral Ct Prairie Falcon Dr NE NE Kestral Dr Dr DEAX WILLIAM & LINDA HERBERT 1750 E PINK HILL RD SITE LOCATION AERIAL MAP NE Gyr Falcon Dr NE Goshawk Ct II Blue Springs 1 1 The City of -> ± Feet

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45 AFFIDAVIT OF PUBLICATION STATE OF MISSSOURI) County of Jackson) } ss...1,..l'!:c.ill,!'s4!,1!,.c..lj!~l\l,;;=:i.-----' being duly sworn according to law, state that and agent of THE EXAMINER, a daily eral circulation in the County of Jackson, State of Missouri, where located; which newspaper has been admitted to the Post Office as a periodical class matter in the City of Independence, Missouri, the city of publication; which newspaper has been published regularly and consecutively for a period of three years and has a list of bona fide subscribers, voluntarily engaged as such who have paid or agreed to pay a stated price for a subscription for a definite period of time, and that such newspaper has complied with the provisions of Section , Revised Statutes of Missouri 2000, and Section , Revised Statutes of Missouri The affixed notice appeared in said newspaper in the following issues: Commencing on April 28, 2018 PUBLIC NOTICE Proposed De-Annexation OEA)( llso E. Pink Hill Road Notice ii hereby given!hat a public hearing will be held by the Planning Comr1ljsslon ol the Gty ol ~Ile Springs on Monday. May at :lo P-m, in the Howa d L Brown Pubhc_Safety Bu~dlng located at 1100 SW Smith Streetlor hearing parttes in interest and citizens relatrve to a request from William & Linda Herbert owne 1 de--~nex 1 +\ acre of propertr out or the ~oiporcite boundaries of the City of ~/u: 5prrngs. The property,ddress IS 17SO E. Pink Hill Road Grain Valley MO more legally described as rollows: Pan of the Eait hall ~f the Northe;st Quarter of Se~on 20, Township 49, Range 30, in Bloo Spnngs, Jacksoo Coun~ Missouri described as follows: Commencing at.the..nojthwest corner of-ihe ~st half i ti Northeast _Quarter of said Section 20; ~lffi<e South O degrees 00 rnlnutes East :lonie the West hne of the ~ast half ol said Northeast Quarter, 320_ 92 feet thence 5 ;uth 8 ~ degrees 43 ml_nutes fast leet for a true point of beginning; thence South 88 degrees 43 minutes fas~ leec lhelt<:e South o degrees 11 minutes 28 sec ands Eas~ and parallel to the East line of the N"ortheast Quarter of s.ild Secti feet; lh,ence North 88 degrees 43 minutes West feet; lhen<e N:0 o degre1:5 05 minutes 42 see1>nds W5t feet to the point or beginning The C'l Council of the City of Bl~ Splir,gs will al~ hold a public hearing on the abcwe 110t~ Oe-AnneX<tUon I D"EAX-04-18~359 on t,!pnday. May 21, 2018 at G,oo I the Howard L Brown Public Safety Building 10 consider the application ~od /t~~c~ ommendatlon of die Planning Commlslion. CITY OF BLUE SPRINGS Cily Council PUBLISH DATE: Saturday, April 28, 2018 and ending on April 28, 2018, being the issues of: April 28, 2018 being Volume -~1~1=3 Numbers: 2=-4 -'-'5" Lei( Clerk, _G_i_..,.b,>"' c_..l!jj... S...,.n...,1""~u.::l-t,. J "\- Subscribed and sworn to before me on this 2--'t.J ---'D=-- day of "6) My commission expires March 13, IL:: DE-ANNEX D EAX E Pink Hill Rd PC Exhibit # 2

46 RETURN TO Director of Community Development City Hall Annex 903 Main Blue Springs, Missouri (FAX: ) lall 81'CT~ Springs. f~vv24 PETITION OF VOLUNTARY DE-ANNEXATION FROM THE CITY OF BLUE SPRINGS, MISSOURI PRINT AND SUBMIT ONCE FILLED OUT - DO NOT TO STAFF _I 1:)k\t\ Y\ I~ We, the undersigned w t \ I Io Y:::::-: H ' Hr r be YT J.' I, bd c.. s: h'e\einafter referred to as the Petitioner, for our petition to the City Council of the City of Blue Springs, Missouri, state and allege as follows: ~ That we are the owners of record of the real estate in Jackson County, Missouri described in the documentation attached. ~ That the said real estate is now a pai1 of the corporate limits of the City of Blue Springs, Jackson County, Missouri. C;a That we have attached herewith a list of all contiguous holdings in which I/We have ownership interests. r:/j That we request that the said real estate be de-annexed, and be detached from the corporate limits of the City of Blue Springs, Missouri, as authorized by the provisions of Section of the Code of Ordinances of the City of Blue Springs, "Detachment of Tenitory'' ( deannexation). ~ That we request the City Council of the City of Blue Springs to cause the required notice to be published and to conduct the public hearing required by law, and to thereafter adopt an ordinance reducing the limits of the City of Blue Springs to exclude the attached desc1ibed real estate. /7, I 20i~ 1. _..71,Dated this, = 2 / day of HD r_t l., WO-_. 1 vv'~;_rp~ 1 Ultc..\lv-- I--/. 7.)i,._Y\yt)l-'-1:.' 1s1 ~~~ ~ 'c.c --+ 1,. 't.~~;~ Prop~r?~ ~ :rin~ name (s) l ~_kyl._~ ~C-.)\/\ Yc..11~~ IY\Q b402.7 Address G y Q..\ "-' \/ c... l \ f'y Yr\O le,l/{) -Z...7 City/State/Zip 'f? It..,- So'\ - s::i-l.\ \ Phone No. arcb6, ~ DE-ANNEX DEAX E Pink Hill Rd PC Exhibit # 3 ND N -e-. Page I of4

47 ST ATE OF MISSOURI ) ) ss COUNTY OF JACKSON ACKNOWLEDGEMENT BY INDNIDUALS. ~+ ; - J o On this d / day of flpn, 20L_L before me personally appeared H r ber + L,' w r 't l 1 a m ft I ltn~ _s ' ' to be known to be the person( s) described in and who executed the foregoing instrument, anc~,lj.qb~ged that he/she/they executed the same as their free act and deed. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal at my office in, Missouri the day and year f~st above written. S / U {},, pr in. ~ -~--,-"'~---r i~/211. ~ Notar~NP~1~~:';.~'i1~;~ Seal J. NotaryPubictJ state of Missou11, Jackson County (Seal) commission # My Commis!:n!;P:1,es~~..... My Official Te1m Expues. ACKNOWLEDGEMENT BY CORPORATION STATE OF MISSOURI) ) ss COUNTY OF JACKSON On this day of, 200 before me personally appeared to be known to be the person(s) described in and who being by me duly sworn did state that he/she is the f and that the seal affixed to the foregoing instrument is the Corporate Seal of said Corporation by authority of its Board of Directors for the consideration stated therein, and no other, and said a c knowledge d said instrument to be the free act and deed of said Corporation. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal in the County and State aforesaid, the day and year first above written. /s/ Notary Public (Seal) My Official Term Expires: March 6, 2015 lcf '" ILt=:

48 EXHIBIT A THE FOLLOWING INFORMATION IS REQUIRED ~ A written explanation of why the detachment of tenito1y ( deannexation) is being requested. µ. 2 Large & I reduced copy (8-1/2xl 1) of the Legal Survey drawing of the property, acceptable to the Director of Community Development, including any utilities contained therein, and the abutting prope11ies with each property's ownership, surrounding the ) proposed territo1y to be detached (de-annexed). ~~~3 0 D Number of Acres D Legal Description to be provided on disk or ed to comdevlegal@bluespringsgov.com. D Parcel No. Sec.Twp.Rng. D A list of names, addresses, and parcel numbers of property owners within 185 ft. of prope11y including all adjacent prope11y owners regardless of road right-of-way. ~ P""'ing identifying the 185 ft. ownership notification area. ~oof of Ownership of property described. D Notatized affidavit(s) from each owner(s) of land that is proposed to be detached (de-annexed), who are not listed as an applicant, indicating their consent to the detachment of territo1y (De-annexation). K- ~ ~VU. y 1 ;;,{('6 PRINT AND SUBMIT ONCE FILLED OUT - DO NOT TO STAFF Page 3 of4

49 - - 0~ u.j1lu_ L&(_d -~- ~ _ td_a;6_ l:u( --- CCu- '56 ~ Del_ MD)) ~~ ~ i.:kv, ~ lft6_ ~ -~Dm-_UrdJ ----t~' ~

50 A~~»,. (gili-i\ ELECTRONICALLY RECORDED JACKSON COUNTY, MISSOURI 08/03/ :40:52 PM 1~a 4 REL FEE:$ Pages i'~so_j/ INSTRUMENT NUMBER: ~ ~ 1' 2016E CORPORA TE DEED OF RELEASE Prepared By/Retw-n To: E.Lance/NTC, 2100 Alt. 19 North, Palm Harbor, FL (800) Loan #: WELLS FARGO BANK, N.A. (Grantor), acting herein by and through its authorized VICE PRESIDENT LOAN DOCUMENTATION, hereby acknowledges receipt of payment in full of that certain Note described in Deed of Trust dated 05/30/2014, executed by (Grantees[s]) WILLIAM ff DUNNING AND LINDA S DUNNING AND HERBERT L DUNNING to HOMESERVICES LENDING, LLC, in the amount of $150,000.00, and recorded in the Recorder's Office of.jackson County, Missouri. in Instn1ment # 2014E , aad said Granter requests the Recorder of Deeds of said county to enter this Release document into the record as such evidence of payment in full. 1. Property address: 1750 E PINK HILL ROAD, GRAIN VALLEY, MO Grantee's address:1750 E PINK HILL RD, GRAINY ALLEY, MO Grantor's address:2701 Wells Fargo Way, MAC X.9901-LlR Minneapolis, MN Legal Description: SEE ATTACHED EXHIBIT A Dated this 03rd day of August in the year WELLS FARGO BANK, N.A. PANG.SENG KIJANG VICE.P~SID'EN'T LOANDQCUMENTATION All persons whose signatures appear above have qualified auth01ity to sign and have reviewed this document aud supp01ting documentation prior to signing. WFHRC @ DOCR T [C-3] ERCNMOl I llllll llll lllll lllll lllll lllll lllll IIIII IIII IIIII IIIII II II IIII IIII IIIII IIII III *D *

51 STATE OF FLORIDA COUNTY OF P[NELLAS The foregoing instrnment was acknowledged before me on this 03rd day of August in the year 2016, by Pangseng Khang as VICE PRESIDENT LOAN DOCUMENTATION of WELLS FARGO BANK, N.A., who, as such VICE PRESIDENT LOAN DOCUMENTATION being authorized to do so, executed the foregoing instrument for the purposes therein contained. He/she/they is (are) personally known to me. DANIELLE KENNEDY-NOTARY P COMM: EXPIRES 06/26/2017 LIC DANIELLE KENNEDY NOTAAY PUBLIC STATE OF FLORIDA Comm# FF Expires 6/26/2017 WFHRC @ DOCR T [C-3) ERCNMOl I llllll lllll lllll lllll lllll lllll lllll lllll lllll lllll lllll lllll * *

52 4/19/2018 Page 1 of 2 Official Tax Payment Receipt! Receipt No.:! I Date and Time: 112/04/ :00 j Print Date:!4/19/2018 2:35:33 PM eceipt Details Tax Year TCA/Dlstrlct Amount Applied Unpaid Balance Amount* Descrl tlon ,09.0,00 A/V Prir\dpal-Resldentlal Address ender Ty e Amount Applied DUNNING WILLIAM H & LINDA S 1750 E PINK HILL RD GRAIN VALLEY, MO Personal Check IOwnet Name and Address Information l'arcel No. Name DUNNING HE.RBERT L DUNNING WILLIAM H & LINDA S Address E PINK HILL RD, GRAIN VALLEY, MO UNITED STATES_ 1750 E PINK HILL RD, GRAIN VALLEY, MO UNITED STATES Since To 05/23/;!0l.4 Curterit 06/24/2015 Current istribution to Districts Parcel No. Tax Year oi Agency BLUE SPRINGS SCHOOLR-IV BOARD.OF DISABLED SERVICES CITY - BLUE SPRINGS FIRE DISTRICT - CENTRAL JACKSON JACKSON COUNTY MENTAL HEALTH METRO JUNIOR COLLEGE MID-CONTINENT LIBRARY STATE BLIND PENSION.. Amount i.6691 l!i, , ,7023 Real Estate Leaal Descrintlons Parcel No..!Legal Line... Line tio *Interest, penalties and fees will be assessed on any unpaid balance amount. The amount of any unpaid balance shown on this receipt Is the unpaid balance amount at the time the receipt Is run, exclusive of such Interest, penalties and fees. Changes In the taxable value may alter your unpaid balance amount. Failure of this payment to clear your financial Institution will void this receipt, A returned Item fee and late penalty may be assessed. Please verify with your financial Institution that this payment has cleared,

53 Jackson County, Missouri Property Report Page 1 of 1 Property Report for Click to View Print-Friendly Version GENERAL INFORMATION TAX INFORMATION ECONOMIC DEVELOPMENT ELECTED OFFICIALS PICTURES PROPERTY PHOTO Parcel 10: Parcel Address: 1750 E PINK HILL RO UNINCORPORATED MO Owner Information: Complex Name: Mortgage Holder Information: DUNNING 'MLLIA M H & LINDA S & 1750 E PINK HILL RD GRAIN VALLEY MO NIA NIA I STREET MAP oo-- /i : 1i kt i ~I I I l r :..:-... ~. - Property Characteristics: Property Class (PCA Code): Land Use Type: Tax Code Area: Assessment Information: Year Built: Approx. Bldg. Area: Neighborhood Tax Code: Approx. Area (Sq Ft): Approx. Area (Acres): NIA Single Family Residence Code: City: Fire: Library: School: Water: Tax Year: Land Value: - Agricultural: - Commercial: - Residential: Improvements Value: - Agricultural: - Commercial: - Residential: Total Assessed Value: Total Taxable Value: Market Value: sq. fl , acre~ NIA NIA N/A NIA NIA 2018 NIA NIA $90,881 NIA N/A $154,425 $46,608 $46,608 $245,306 Exemptions: No exemptions! ta 4/ 15/2018

54 Exhibit A TRACT I: Part oflhe East half of the Northeast Quarter of Section 20, and part of the Southeast Quarter of the Southeast Quarter of Section 17, Township 49, Range 30, in J/Jckson County, Missouri, described ru; follows; Commencing at the Northwest corner of tile Ea~t half of the Northeas1 Quarter of said Section 20; thence South 0 degrees 00 minutes East along the West line of the Enst half of said Northeast Quarter feet; thence South 88 degrees 43 minutes East, lcet for a lrue point of beginning; thence North O degrees 05 minutes 42 seconds We~t, feet; thence Nonh 88 degrees 43 minutes West, feet; thence North O degrees 05 minutes 42 seconds West, lcct to a point on the Southerly right of way line of Pink Hill Road as now established, thence Sottth 75 degrees 51 minutes East along said Souther!)' right of wa)' line, feet of the P.C. of a curve to the letl; thence Soutlie.isto;:rly nlong said curve and So1,thcrly right of way line, tiaving u radius of feel, an arc distance of feet; thence South O degrees 11 minutes 28 seconds Enst and parallel to the Ensl line of the Northeast Quarter of said Section 20, feet; thence No1th 88 degrees 43 minutes West, feet to the point of beginning, \!XCept: Part of the East half of the Northeast Quarter of Section 20, and part of the Southeast Quarter of the Southensl Quar1cr of Section 17, Township 49, Range 30, in Jackson County, Missouri described as follows: Commencing at the Northwesr comer of the East half of the Northeast Quarrer of said Section 20; thence South O degrees 00 minutes 1;ast along th~ West line of the East half of said Northeast Quarter feet; thence South 88 degrees 43 minutes East feet for a true point ofbegin11ing; thence North O degrees 05 minutes 42 seconds West, I feet; thence North 88 degrees 43 minutes West feet; thence North O degrees 05 minutes 42 seconds West, l'eet too point on the Southerly right ofway line of Pink Hill Road, as now established; thence South 75 degrees 51 minutes East along said Souther!)' right of way line, feet; thence SoL1th O degrees 05 minutes 42 seconds East, feet; thence North 88 degrees 43 minutes West, feel 10 the point of beginning. TRACT 2: Part or the Eust ha! r of the Northeast Quarter of Section 20, Township 49, Range JO, in Blue Springs, Jackson County, Missouri, described as follows: Commencing at the Northwest comer of the East half of the Northeast Qua11er of'said Section 20; thence South O degrees 00 minutes East, along the West line of the East half of said Northeast Qunncr, feet; thence South 88 degrees 43 mirrntes E<1s!, reel for n true point of beginning; thence South 88 degrees 43 minutes East, feet; thence South O degrees 11 rni11t1tes 28 seconds East, and p<1rallel to the East line oflhe Northeast Quarter of said Section 20, fcer; thence North 88 degrees 43 minutes West, lcet; tl1encc North O degrees 05 minutes 42 seconds West, foet to the point of beginning.

55 TRACT I: Part of the East half of the Northeast Quarter of Section 20, and part of the Southeast Quarter of the Southeast Quarter of Section 17, Township 49, Range 30, in Jackson County, Missouri, described as follows: Commencing at the Northwest corner of the East half of the Northeast Quarter of said Section 20; thence South O degrees 00 minutes East along the West line of the East half of said Northeast Quarter feet; thence South 88 degrees 43 minutes East, feet for a true point of beginning; thence North O degrees 05 minutes 42 seconds West, I feet; thence North 88 degrees 43 minutes West, 25.0 I feet; thence North O degrees 05 minutes 42 seconds West, feet to a point on the Southerly right of way line of Pink Hill Road as now established, thence South 75 degrees 51 minutes East along said Southerly right of way line, feet of the P.C. of a curve to the left; thence Southeasterly along said curve and Southerly right of way line, having a radius of feet, an arc distance of feet; thence South O degrees 11 minutes 28 seconds East and parallel to the East line of the Northeast Qua1ter of said Section 20, feet; thence No11h 88 degrees 43 minutes West, feet to the point of beginning, except; Part of the East half of the Northeast Quarter of Section 20, and patt of the Southeast Quarter of the Southeast Quarter of Section 17, Township 49, Range 30, in Jackson County, Missouri described as follows: Commencing at the Northwest corner of the East half of the Northeast Quarter of said Section 20; thence South O degrees 00 minutes East along the West line of the East half of said No1theast Qua1ter feet; thence South 88 degrees 43 minutes East, feet for a true point of beginning; thence North O degrees 05 minutes 42 seconds West, 165.0! feet; thence North 88 degrees 43 minutes West 25.0 I feet; thence North O degrees 05 minutes 42 seconds West, feet to a point on the Southerly right of way line of Pink Hill Road, as now established; thence South 75 degrees 51 minutes East along said Southerly right of way line, feet; thence South O degrees 05 minutes 42 seconds East, feet; thence North 88 degrees 43 minutes West, 25.0 I feet to the point of beginning. TRACT 2: Part of the East half of the Northeast Quarter of Section 20, Township 49, Range 30, in Blue Springs, Jackson County, Missouri, described as fo llows: Commencing at the Northwest corner of the East half of the Nottheast Quarter of said Section 20; thence South O degrees 00 minutes East, along the West line of the East half of said Northeast Quarter, feel; thence South 88 degrees 43 minutes East, feet for a true point of beginning; thence South 88 degrees 43 minutes East, feet; thence South O degrees l I minutes 28 seconds EasL, and parallel to the East line of the Northeast Quai1er of said Section 20, feet; thence North 88 degrees 43 minutes West, feet; thence North O degrees 05 minutes 42 seconds West, feet to the point of beginning. 7

56 _, J I Jackson County DEAX WILLIAM & LINDA HERBERT 1750 E PINK HILL RD 185' NOTIFICATION MAP.1181~~ Springs Pl~~ N A Feet

57 ' i(l\l!(eul>i1;;'. ',,':.."; ~ ::"f'.p1,:~lf..->, 1;::':i;.,,,: : ::;;:,\,,I i l LEWIS RAMONA K DUNNING WIUIAM H & LINDA S & l -OS BOND RICHARD W & BRENDA A l BULLARD JAMES DEAN & LISA G l HUTCHESON DIRK A & SHARON A l CLEVENGER CAROL ANN FLANIGAN l LEWIS RAMONA K l-Sl ZIPSIE BRUCE E & KELLY M (... ild.lii,; ' i ::,?, ";:,,:.-!',b,,,, '"""''"'''":;,,;:::,;,,;; E PINK HILL RD 1750 E PINK HILL RD 1550 E PINK HILL RD 2950 NE JELLISON RD 2900 JELLISON RD 2850 NE JELLISON RD 1850 E PINK Hill RD 1700 NE PINK HILL RD ~-'-".>:': GRAIN VALLEY GRAIN VALLEY BLUE SPRINGS BLUE SPRINGS BLUE SPRINGS BLUE SPRINGS GRAIN VALLEY BLUE SPRINGS ;.,:: ;,,-.,;, : : ',, ';, 'ow;,em;ite'- - MO MO MO MO MO MO MO MO DE-ANNEX DEAX E Pink Hill Rd PC Exhibit # 5

58 1 BULLARD, JAMES DEAN & LISA G Address: 2950 NE JELLISON RD, BLUE SPRINGS Property Area (Sq ft): 103, Property Area (Acres): HUTCHESON DIRK A & SHARON A Address: 2900 NE JELLISON RD, BLUE SPRINGS Property Area (Sq ft): 138, Property Area (Acres): ZIPSIE, BRUCE E & KELLY M Address: 1700 NE PINK HILL RD, BLUE SPRINGS Property Area (Sq ft): 223, Property Area (Acres): LEWIS, RAMONA K Address: NO ADDRESS ASSIGNED BY CITY, BLUE SPRINGS Property Area (Sq ft): 219, Property Area (Acres): BOND, RICHARD W & BRENDAA Address: 1550 E PINK HILL RD, BLUE SPRINGS Property Area (Sq ft): 84, Property Area (Acres): JEFFRIES, JERRY W & KIMBERLY D Address: 1600 E PINK HILL RD, UNINCORPORATED Property Area (Sq ft): 38, Property Area (Acres): 0.89

59 ( ~ Blue Springs, Missouri Community Development April 30, 2018 Ref: Public Hearing: De-Annexation/ DEAX E. Pink Hill Road Grain Valley, MO Dear Property Owner: A public notice will be held by the Planning Commission of the City of Blue Springs to receive comments by William & Linda Herbert, owner to de-annex 1 acre +/- out of the corporate boundaries of the City of Blue Springs. The property address is 1750 E. Pink Hill Road, Grain Valley, MO Interested parties may view the application on file in the Community Development Department located at 1304 W. Main Street, Blue Springs, MO. A general site location map is enclosed for your information. You are receiving this notice because County records indicate you own property within 185 feet of the boundary of the site in question. The hearing will be held in the Howard L. Brown Public Safety Building located at 1100 SW Smith Street on the following dates: Planning Commission - Monday, May 14, :30 p.m. City Council- Monday, May 21, :00 p.m. Your attendance and comments are welcome at this meeting. Questions concerning this matter may be directed to the Community Development Department at Very truly yours, CITY OF BLUE SPRINGS, COMMUNITY DEVELOPMENT Karen M. Findora Administrative Assistant I nc. DE-ANNEX DEAX E Pink H ill Rd PC Exhibit# West Main Street Blue Springs, MO (816)