CITY OF BLUE SPRINGS, MISSOURI MINUTES OF COUNCIL MEETING DECEMBER 5, 2011 A meeting of the City Council of the City of Blue Springs, Missouri, was held Monday, December 5, 2011, 6:30 p.m. in the Multipurpose Room of the Howard L. Brown Public Safety Facility, 1100 SW Smith Street, with Mayor Carson Ross presiding. COUNCILMEN IN ATTENDANCE Jeff Quibell Chris Lievsay Ron Fowler Dale Carter Kent Edmondson Grant Bowerman Also present were City Administrator Eric Johnson, Attorney Bob McDonald and Kathy Richardson, City Clerk CALL MEETING TO ORDER PLEDGE OF ALLEGIANCE MAYOR COMMENTS APPROVE CITY COUNCIL MINUTES Mayor Ross called the City Council Meeting to order. The Mayor held a moment of silence and welcomed Boy Scout Troop #813 from Timothy Lutheran Church who led the audience in the Pledge of Allegiance. Mayor Ross gave a brief recap of the meeting agenda and explained the Consent Agenda. Councilman Edmondson moved to approve the minutes of the November 21 C ouncil meeting. Motion seconded by Councilman Quibell and carried with the PRESENTATION P-25 DIGITAL RADIO SYSTEM DESIGN Dan Hood, Director of Information Technology presented a project update of the digital P-25 radio system and integration of the proposed radio system with other regional radio systems. Hood outlined the project milestones from April 2011 when voters approved the public safety sales tax through October 2011 when agreements were reached with Independence and Kansas City for implementation of the Eastern Jackson County radio network. Jack Hart of Tusa Consulting presented the make-up of the regional network and described the Metropolitan Area Regional Radio System (MARRS) which will provide oversight for the network. Hart said communication across member radio networks and the portable to portable network is seamless and would eliminate the need for communications to go through dispatch. The Independence and Blue Springs radio systems will both tie into the Kansas City master site. Hart showed a map of the current agencies and coverage area and future coverage areas and agencies in line to join MARRS. Future goals include transitioning Independence into the Kansas City master site, adding two radio sites to Blue Springs to integrate the Kansas City and Independence systems, providing new mobile radios and completing everything by January 1, 2013. Hood said Blue Springs will save over $600,000 in maintenance and $1.5M in implementation costs over a ten year period. Councilman Fowler questioned Independence s role in the regional network stating it sounded as if Independence is the quarterback of the project since it was referred to as the prime site. Hood stated that Independence is giving up master site status and joining Kansas City s master site. Councilman Folwer
COUNCIL MINUTES December 5, 2011 PAGE 2 questioned why Prairie Township isn t part of the agreement with Central Jackson County Fire Protection District. Hood stated there are currently provisions in the agreement to address agencies wanting to join the system in the future. Councilman Fowler suggested working with Prairie Township to pick up service. Eric Johnson, City Administrator took a moment to recognize the excellent work of Hood and staff. Johnson said it has taken three years to get to this point and we will have dialog with surrounding entities. He was pleased that the project is coming in under budget and stated the savings will be funneled back into the public safety sales tax fund. ADOPT RESOLUTION NO. 97-2011 P-25 DIGITAL RADIO SYSTEM PRIME SITE LOCATION Councilman Edmondson moved to adopt Resolution No. 97-2011 approving a Prime Site Agency Agreement with the City of Independence and Central Jackson County Fire Protection District to create the Eastern Jackson County P -25 Digital Radio System. Motion seconded by Councilman Lievsay and carried with the Carter - Aye ADOPT RESOLUTION NO. 98-2011 P-25 USER AGENCY MASTER SITE PORT KANSAS CITY Councilman Edmondson moved to adopt Resolution No. 98-2011 authorizing the Mayor to sign a User Agency Master Site Port Agreement with the City of Kansas City Missouri to connect the Blue Springs Public Safety Answering Point (PSAP) to the Kansas City P-25 Digital Radio System master site. Motion seconded by Councilman Carter and carried with the ADOPT RESOLUTION - NO. 99-2011 MOTOROLA SOLUTIONS AGREEMENT Councilman Edmondson moved to adopt Resolution No. 99-2011 authorizing the Mayor to sign an agreement with Motorola Solutions, Inc. for implementation of a new P-25 Trunked Digital Radio System to meet the FCC Narrow Band Radio Communications Mandate. Motion seconded by Councilman Quibell and carried with the INTRODUCTION & 1 ST READING BILL NO. 4187 MOTOROLA SOLUTIONS AGREEMENT 2 ND READING BILL NO. 4187 Councilman Edmondson introduced Bill No. 4187 authorizing an agreement with Motorola Solutions Inc. for installation of a communications system upgrade and system maintenance services, and authorizing execution of a master equipment lease-purchase agreement to finance the upgrade with a total purchase and financing amount not to exceed $6,500,000; authorizing the execution of certain other documents in connection therewith; making the necessary appropriations; and prescribing other matters relating thereto. Councilman Fowler moved to approve Bill No. 4187 upon its first reading and proceed with the second reading. Motion seconded by Councilman Lievsay and carried unanimously. Mr. Johnson made the second reading of Bill No. 4187, by title. Councilman Edmondson moved to adopt Bill No. 4187 upon its second reading and give it ORDINANCE NO. 4364, with a copy attached hereto and made a part of the minutes. Motion seconded by Councilman Carter and carried with the
COUNCIL MINUTES December 5, 2011 PAGE 3 PRESENTATION SAVE OUR DEPOT (SOD) COUNCIL COMMENTS PUBLIC HEARINGS MIRROR IMAGE CARWASH REZONING (RZ-9-11-3117) & MIRROR IMAGE CARWASH PUD C ONCEPT PLAN (PUD-9-11- 3118) The Blue Springs Historical Society s Save Our Depot (SOD) group gave a presentation to request a lease agreement with the City of Blue Springs for a small plot of ground in Central Park on which to relocate the Chicago & Alton depot. Mary Potter showed a brief video explaining the history of the depot and the relation between the railroad and the growth of Blue Springs. Michelle Cole, program chair expanded on how instrumental the railroad was in putting Blue Springs where it is today. Cole explained funding for the project and the long term expectations. Kelly Flax, Principal of Thomas Ultican Elementary, Cindy Miller, Downtown Alive President and Pam Alberelli, master gardener for the City s community garden, offered additional information and words in support of the proposed relocation and refurbishing of the Chicago & Alton depot. Councilman Carter questioned the status of the funding for the project. Potter said they currently have $4,000 but have not started the fundraiser for the matching contribution. Potter said money is coming but they first need to know they have a place to relocate the depot. Councilman Quibell confirmed that an anonymous donor contributed $25,000. Potter said it is a match grant and the donor will count in-kind contributions, if necessary, but she prefers a dollar match. Councilman Fowler clarified that Potter wants the City to agree to the proposed location in Central Park in order to assist with fundraising efforts. Councilman Quibell asked what steps need to be made and Mayor Ross stated the staff will prepare the necessary documents for Council approval at a future meeting. Mayor Ross opened the public hearings, (continued from the November 7, 2011 Council meeting), concurrently on a request by the applicant to rezone 1.089+/- acres for a Mirror Image Carwash on the west side of 7 Highway at NW Manor Road from GB/R-O (General Business/Restricted Overlay) to RC/R-O (Regional Commercial/Restricted Overlay) (RZ-9-11-3117) and to amend the Planned United Development Concept Plan (PUDC-9-11-3118) in order to allow for the development of a car wash. The minutes of the public hearing were recorded by a certified court reporter. STAFF REPORT Jim Holley, Assistant Director of Community Development, gave a presentation on both applications before Council. Holley displayed a site plan of the proposed site location and its access points. The proposed development is identical to the Mirror Image Carwash currently located on South 7 Highway. The drive-thru type carwash will have 12 parking spaces with 10 vacuums and 2 employee parking spaces. Holley stated the Planning Commission recommended approval of the rezoning application with a vote of five (5) ayes and one (1) no and the Planned Unit Development Concept Plan application was approved unanimously. Councilman Fowler referred to the language in the justification for the rezoning request with respect to restricted overlay and asked what happens if the proposed development doesn t go in and the area is not developed. Bob McDonald, City Attorney, said restricted overlay will not allow for some more intensive use such as a car lot without a new rezoning request. Fowler then asked if the proposed PUD request expires, would the property go back to its original zoning. McDonald replied no, it would have to be rezoned.
COUNCIL MINUTES December 5, 2011 PAGE 4 APPLICANT OPPOSING COMMENTS Thomas Nolte with Nolte & Associates, P.A., spoke on behalf of the applicant, John Belfonte, owner of Mirror Image Carwash. He said they have a total of five (5) applications and described the applications as unique with multiple parts. Nolte said they felt the best approach was to separate the applications and focus on the complex issues of the rezoning and related concept plan. He stated they have gone full breadth with respect to reviewing traffic studies, curb cuts and utilities early on. Nolte presented a site plan of the proposed development and said the current rezoning request will bring the carwash into compliance as it is the current up-to-date zoning that applies specifically to an overlay district. Christine Bushyhead of Mitchell, Kristl & Lieber, P.C. spoke on behalf of Mar k White, owner of Spot Not Car Wash. Bushyhead said land use is critical and what rezoning is all about. Bushyhead asked if the minutes from the Planning Commission hearing approving the applications were made a part of the record for this hearing and if Council has had the opportunity to review them. McDonald responded no and that the minutes are made available to Council and each Councilman would have to be asked whether they have reviewed the minutes. Bushyhead then asked if the minutes from the Planning Commission hearing could be made a part of the record and McDonald said okay. Bushyhead began outlining the points of her client s argument in opposition of the proposed rezoning and PUD concept plan. She went through the six (6) criteria in the Blue Springs Unified Development Code (UDO) by which rezoning requests are to be evaluated and gave their perspective on whether the proposed development meets those criteria. Next, Bushyhead outlined the five (5) criteria in the Blue Springs UDO by which a PUD concept plan is to be evaluated and provided their perspective in regards to the proposed development. In closing she reiterated her perspective on both applications with the criteria outlined in the Blue Springs UDO and asked Council to deny both requests. Mark White, President of Spot Not Car Wash gave his personal background as a business owner and explained how the north and south corridors of Blue Springs are very different. He stated he s been in business for forty (40) years and worries that the car washes will start killing each other s customers off. Jeff Luzem, owner of Bubble Time Car Wash, also spoke in opposition of the rezoning request. Luzem said Blue Springs has approximately 15 car washes which is more than enough to serve the community. He reminded Council that they represent business owners and residents of the community and that any rezoning must be for the betterment of the community. Luzem feels the proposed development will not better the community and referred to statements by Planning Commissioner Sullivan who voted in opposition of the rezoning request during the Planning Commission hearing on October 24, 2011. Luzem then submitted a protest petition to Council which was marked Exhibit 2 and made a part of the record. The petition included the signatures of several property owners within 175 of the proposed development. COUNCIL COMMENTS Councilman Fowler asked Luzem if he s willing to say the anticipated state of his business with the proposed development in place. Luzem said he could not predict the future but he does own another car wash in Lee s Summit and if he notices business at the Blue Springs location has dramatically reduced, he may have to toss in the keys. Bob McDonald passed the petition around to Council and stated the petition
COUNCIL MINUTES December 5, 2011 PAGE 5 submitted by Luzem will not affect the voting requirements as it was not properly endorsed or presented. Councilman Fowler thanked the applicant for his investment in Blue Springs and said he is concerned with property values having three car washes in the same location and he s not convinced the existing use is not adequate and if other car washes close as a result, it will blight the area. Councilman Quibell disclosed that he has been contacted in regards to the proposed development. Councilman Bowerman said he, as well as other Councilmen, has been contacted. Mayor Ross confirmed with the entire Council that calls were received regarding the proposed development and acknowledged it for the record. INTRODUCTION & 1 ST READING BILL NO. 4184 MIRROR IMAGE CARWASH REZONING (RZ-9-11-3117) DISCUSSION Councilman Fowler introduced Bill No. 4184 rezoning property from General Business/Restricted Overlay District (BG/R-O to Regional Commercial/Restricted Overlay District (RC/R-O). Councilman Carter moved to approve Bill No. 4184 upon its first reading and proceed with the second reading. Councilman Fowler said the rezoning is of concern as the conditions and concern of blighting will keep him from being able to support the rezoning. Councilman Lievsay asked Councilman Fowler what conditions he feels are adequate to support the application. Councilman Fowler said in these economic times he does not feel the demand is out there to support three car washes at the same location and sees down zoning leading to blighting conditions. Councilman Carter asked if the two existing car washes are currently zoned General Business or Regional Commercial and if they were self-service. Bob McDonald said the two existing car washes are General Business because at the time they came in there wasn t Regional Commercial. Councilman Bowerman confirmed that the existing neighboring car washes are self-service and different than the proposed development. Councilman Carter said Luzem made a good comment when he stated Council s job is not to pick winners or losers but he feels he is asking Council to do just that. Luzem said his point is that changing the zoning to allow the proposed development to come in could lead to blighting. McDonald notified Council that the public hearing was reopened when Councilman Carter asked a question of the audience and said the comments ma de thereafter need to be incorporated into the record and the public hearing closed a final time. Mayor Ross then closed the public hearing a final time and reminded Council to keep the discussion and comments among each other. Councilman Quibell said Councilman Fowler made an important comment on zoning and how restricted overlay effects long term planning. He said while sitting on Council when the original Mirror Image Carwash on 7 Highway was approved he learned that brining a car wash made the surrounding properties more desirable for development by bringing more traffic to that area and indirectly generating sales tax revenue. Motion seconded by Councilman Edmondson and carried unanimously. 2 ND READING BILL NO. 4184 Mr. Johnson made the second reading of Bill No. 4184, by title. Councilman Quibell moved to adopt Bill No. 4184 upon its second reading and give it OR
COUNCIL MINUTES December 5, 2011 PAGE 6 DINANCE NO. 4365, with a copy attached hereto and made a part of the minutes. Motion seconded by Councilman Carter and carried with the Fowler No INTRODUCTION & 1 ST READING BILL NO. 4185 KINGPIN DEVELOPMENT PUD (PUDC-9-11-3118) DISCUSSION Councilman Lievsay introduced Bill No. 4185 approving the amended Kingpin Development PUD Concept Plan. Councilman Fowler moved to approve Bill No. 4185 upon its first reading and proceed with the second reading. Councilman Fowler stated that he will support the PUD given the rezoning request has been approved. Motion seconded by Councilman Carter and carried unanimously. 2 ND READING BILL NO. 4185 Mr. Johnson made the second reading of Bill No. 4185, by title. Councilman Quibell moved to adopt Bill No. 4185 upon its second reading and give it OR DINANCE NO. 4366, with a copy attached hereto and made a part of the minutes. Motion seconded by Councilman Carter and carried with the MAYORAL ANNOUNCEMENTS 1. Blue Springs Shop with a Cop starts at 6 a.m. Saturday, December 17. Mayor Ross encouraged Council to attend. 2. The Mayor s Christmas Tree lighting begins at 5:30 p.m. on Tuesday, December 6. Hot chocolate and hot dogs will be provided. 3. The Holiday Express Train will be in downtown Blue Springs on Wednesday, December 21 at 4 p.m. 4. The Heritage Philharmonic is performing at Blue Springs South High School on December 17 at 7 p.m. Thoughts to Ponder: What s popular isn t always right, and what s right isn t always popular. - Unknown Author MOTION TO GO INTO CLOSED EXECUTIVE SESSION Councilman Quibell moved the Council go into an executive session to discuss real estate matters pursuant to Section 610.021(2) of the Revised Statues of Missouri and the records remain closed. Motion seconded by Councilman Bowerman and carried with the MEETING RECESSED & RECONVENED Mayor Ross called a recess at 8:33 p.m. He convened the closed executive session at 8:38 p.m. MOTION TO RECONVENE
COUNCIL MINUTES December 5, 2011 PAGE 7 At 9:17 PM Councilman Quibell moved that the Council return to regular session. Motion seconded by Councilman Edmondson and carried with the following roll-call votes: ADJOURNMENT At 9:18 p.m., as there was no further business to come before the Council, Cou ncilman Edmondson moved the meeting be adjourned. Motion seconded by Co uncilman Carter and carried with the ATTEST: Carson Ross, Mayor Kathy Richardson, City Clerk M12052011