1. Call meeting to order. 2. Pledge of Allegiance. 3. Consent Agenda

Transcription

1 BLUE SPRINGS CITY COUNCIL MEETING July 15, :30 p.m. Multipurpose Room of Howard L. Brown Public Safety Facility 1100 SW Smith Street 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 door of the Multipurpose Room. After completion, the form is to be given to the Deputy 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 July 1 Council meeting b. Adopt Resolution No ratifying a transferee agreement between the City of Blue Springs, Missouri and Blue Springs Partners, LP, a Delaware limited partnership c. Adopt Resolution No approving an agreement with U.S. Engineering Company for two (2) HVAC units for Vesper Hall Senior Center d. Adopt Resolution No approving an agreement with Sherwood Village Home Owners Assoc. for landscape improvements of the first curbed island off 7 Hwy and NW Hunter Drive e. Adopt Resolution No approving a building lease agreement with the Blue Springs School of Economics, Inc. for the use of the old Community Center at 200 N 14 th Street f. Approve new liquor license for Mabin Enterprises Inc dba End Zone Wine & Spirits to sell intoxicating liquors in the original package (including Sundays) and wine tasting on premises, located at 1110 NW Woods Chapel Road. g. Adopt Resolution No approving a grant agreement between America s Community Bank and the City of Blue Springs 4. Public Hearing- Regarding an amended Adams Dairy Landing PUD Concept Plan 5. Introductions & readings of Bill No an ordinance approving an amended Adams Dairy PUD Concept Plan

2 6. Public Hearing- regarding an ordinance rezoning property from General Business/Restricted Overlay District (GB/R-O) to General Business/Restricted Overlay District (GB/R-O) regulated by the amended Adams Dairy Landing PUD Concept Plan 7. Introductions & readings of Bill No an ordinance rezoning property from General Business/Restricted Overlay District (GB/R-O) to General Business/Restricted Overlay District (GB/R-O) regulated by the amended Adams Dairy Landing PUD Concept Plan 8. Introductions & readings of Bill No approving an amended Final Plat for Adams Dairy Landing- Second Plat, Lots 3A and 3B 9. Presentation- US Census Bureau 10. Discussion - Tri-County Water Authority Expansion CIP Project WA Presentation- Water and Sewer Rate Study 12. Introductions & readings of Bill No amending Section to set new sewer rates for Fiscal Year , Fiscal Year & Fiscal Year Introductions & readings of Bill No amending Section to set new water rates for Fiscal Year , Fiscal Year & Fiscal Year Presentation- Prairie Township Fire Protection District 15. Mayoral Announcements Thoughts to Ponder 16. Visitors 17. Adjournment Miscellaneous Items Public Art Commission- Thursday July 18, 3:30 p.m., East Conference Room of City Hall, 903 W Main Planning Commission Monday, July 22, 6:30 p.m., Multipurpose Room of Howard L. Brown Public Safety Building, 1100 SW Smith City Council - Monday, August 5, 6:30 p.m., Multipurpose Room of Howard L. Brown Public Safety Building, 1100 SW Smith Parks Commission Tuesday, August 6, 6:00 p.m., East Conference Room of City Hall, 903 W Main

3 City of Blue Springs Memorandum Office of Administration TO: FROM: Mayor, City Council, Department Directors, and Press Eric Johnson City Administrator DATE: July 11, 2013 SUBJECT: Agenda Explanations Item 3b Adopt Resolution ratifying transferee agreement between City of Blue Springs and Blue Springs Partners, LP, a Delaware limited partnership Resolution will ratify a current agreement between the City of Blue Springs and Blue Springs Partners, LP a Delaware limited partnership. A Transferee Agreement has been reviewed and approved by the City Attorney and the City s TIF Counsel, was executed on June 28, The transfer must be ratified by the Mayor and City Council. Refer to the Council Information Form from Bob McDonald, City Attorney, for further information. Item 3c Approving an agreement with U.S. Engineering Co. for two (2) HVAC Units for Vesper Hall Senior Center Resolution will approve an agreement with U.S. Engineering Company for two (2) HVAC units for Vesper Hall Senior Center. The main HVAC equipment stopped working unexpectedly and is need of replacement. In order to provide quality programming and rental opportunities at Vesper Hall, conditioned air is essential. Refer to the Council Information Form from Randy Cooper, Superintendent of Parks, for further information. Item 3d- Approving an agreement between the City of Blue Springs and Sherwood Village Home Owners Association for landscaping improvements of the first curbed island off 7 Hwy and NW Hunter Drive Resolution will approve an agreement between the City of Blue Springs and Sherwood Village Home Owners Association for landscaping improvements of the first curbed island. They are requesting the City remove the asphalt so they may landscape the island. Refer to the Council Information Form from Chris Sandie, Interim Director of Public Works, for further information. Item 3e-Approving a building lease between the City of Blue Springs and Blue Springs School of Economics, Inc. for the use of the old Community Center at 200 North 14 th Street Resolution will approve a building lease between the City of Blue Springs and Blue Springs School of Economics, Inc. for the use of the old Community Center at 200 North 14 th Street. The current lease will expire on September 30, This agreement will be valid for four years. Refer to the Council Information Form from Steve Willman, Parks & Recreation Operations Manager, for further information. Item 3f- Approve new liquor license for Mabin Enterprises Inc dba End Zone Wine & Spirits Applicant has requested a new liquor license for Mabin Enterprises Inc dba End Zone Wine & Spirits to sell intoxicating liquors in the original package (including Sundays) and wine tasting on premises. Mabin Enterprises Inc dba End Zone Wine & Spirits is located at 1110 NW Woods Chapel Road, Blue Springs, MO Staff recommends approval. Item 3g- Approving a grant agreement between America s Community Bank and the City of Blue Springs

4 July 15, 2013 Page 2 Resolution will approve a grant agreement between America s Community Bank and the City of Blue Springs. As part of the Annual Action Plan that was approved and adopted by Council, $100,000 may be expended on the Historic Building Restoration Program. Refer to the Council Information Form from Scott Allen, Director of Community Development, for further information. Item 4 - Public Hearing- regarding an ordinance approving an amended Adams Dairy Landing PUD Concept Plan The Public Hearing will be held at the request of the applicant who is proposing an Amended Planned Unit Development (PUD) Concept Plan. Refer to the Council information Form from Director of Community Development Scott Allen for further information. Item 5 - Bill approving Amended Adams Dairy Landing Planned Unit Development Concept Plan Amended Upon conclusion of the above presentation and public hearing, the Bill is ready for introduction and readings. Item 6 - Public Hearing regarding an ordinance rezoning property for General Business/Restricted Overlay District (GB/RO) to General Business/Restricted Overlay District (GB/RO) regulated by the amended Adams Dairy Landing PUD Concept Plan The Public hearing will be held at the request of the applicant. The rezoning is to make the Restricted Overlay District subject to the amended PUD Concept Plan. Refer to the Council Information Form from Director of Community Development Scott Allen for detailed information. Item 7 - Bill approving Rezoning- Adams Dairy Landing- Second Plat Lots 3A and 3B a Replat of all of Lot 3 Adams Dairy Landing (RZ ) Upon conclusion of the above presentation and public hearing, the Bill is ready for introduction and readings. Item 8- Bill approving an Amended Final Plat for Adams Dairy Landing- Second Plat, Lots 3A and 3B Bill will approve the final plat for Lot 3A & 3B Adams Dairy Landing, located at NE Coronado Drive & Adams Dairy Parkway for two lots consisting of approximately 6.67 acres. Refer to the Council Information Form from Scott Allen, Director of Community Development, for further information. Item 9 - Presentation- U.S. Census Bureau Toni Pitchford, Data Dissemination Specialist for the U.S. Census Bureau, will make a presentation on data collected from the 2010 Census. Item 10- Discussion- Tri-County Capital Improvement Project Interim Director of Public Works Director Chris Sandie will begin a discussion on the Tri-County Water Authority Plant to add six (6) MGD of water treatment. Refer to the Council Information Form from Chris Sandie, Interim Director of Public Works, for further information. Item 11- Presentation- Water and Sewer Rate Study Julie Carmicheal will give a presentation to the Mayor and Council with recommendations for establishing the City s water and sewer rates for the next three fiscal years, Refer to the Council Information Form from Christine Cates, Assistant City Manager, for further information. Item 12- Bill amending Section to set new sewer rates for Fiscal Year , Fiscal Year and Fiscal Year Bill will amend Section to set new sewer rates for Fiscal Year , Fiscal Year and Fiscal Year The last time a rate change was presented to Council was July, Refer

5 July 15, 2013 Page 3 to the Council Information Form from Christine Cates, Assistant City Administrator, for further information. Item 13- Bill amending Section to set new water rates for Fiscal Year , Fiscal Year and Fiscal Year Bill will amend section to set new water rates for Fiscal Year , Fiscal Year and Fiscal Year The last time a rate change was presented to Council was July, Refer to the Council Information Form from Christine Cates, Assistant City Administrator, for further information. Item 14- Presentation- Prairie Township Fire Protection District A presentation will be made to the Mayor and Council by the Prairie Township Fire Protection District Chief Larry Robinson about service levels in the 3 rd District.

6 Not Approved CITY OF BLUE SPRINGS, MISSOURI MINUTES OF COUNCIL MEETING JULY 1, 2013 A meeting of the City Council of the City of Blue Springs, Missouri, was held Monday, July 1, 2013, 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 Susan Culpepper Also present were City Administrator Eric Johnson, City Attorney Bob McDonald and City Clerk Kathy Richardson CALL MEETING TO ORDER PLEDGE OF ALLEGIANCE MAYOR COMMENTS APPROVE CITY COUNCIL MINUTES Mayor Ross called the City Council meeting to order. The Mayor held a moment of silence and led the audience in the Pledge of Allegiance. Mayor Ross gave a brief recap of the meeting agenda and explained the Consent Agenda. Councilman Edmondson moved to approve the minutes of the June 17, 2013 Council meeting. Motion seconded by Councilman Carter and carried with the following votes: Quibell Aye Lievsay Aye Fowler Aye Carter Aye Edmondson Aye Culpepper Aye APPROVE LIQUOR LICENSE CHANGE MINSKYS PIZZA Councilman Edmondson moved to approve a change in the liquor license for Dew Raw Inc dba Minskys Pizza from beer and wine (including Sundays) to liquor-by-the-drink including Sunday sales. Motion seconded by Councilman Carter and carried with the following votes: Quibell Aye Lievsay Aye Fowler Aye Carter Aye Edmondson Aye Culpepper Aye ADOPT RESOLUTION NO CAREER & TECHNOLOGY CENTER Councilman Edmondson moved to adopt Resolution No approving a contract with the Career and Technology Center at Fort Osage donating a used police vehicle to assist in student career development training. Motion seconded by Councilman Carter and carried with the following votes: Quibell Aye Lievsay Aye Fowler Aye Carter Aye Edmondson Aye Culpepper Aye ADOPT RESOLUTION NO UPDATED SECTION 125 FLEXIBLE BENEFIT PLAN Councilman Edmondson moved to adopt Resolution No adopting the City of Blue Springs updated Section 125 Flexible Benefit Plan document as provided by Section 125 of the Internal Revenue Code. Motion seconded by Councilman Carter and carried with the following votes:

7 Not Approved COUNCIL MINUTES July 1, 2013 PAGE 2 Quibell Aye Lievsay Aye Fowler Aye Carter Aye Edmondson Aye Culpepper Aye APPROVE LIQUOR LICENSE VERTIGO BAR & GRILL Councilman Edmondson moved to approve a new liquor license for Vertigo Bar and Grill LLC dba Vertigo Bar and Grill to sell intoxicating liquor-by-thedrink (including Sundays) located at 625 NW Mock Avenue Suite B. Motion seconded by Councilman Carter and carried with the following votes: Quibell - Aye Lievsay Aye Fowler Aye Carter - Aye Edmondson Aye Culpepper Aye ADOPT RESOLUTION NO BLUE SPRINGS ATHLETIC ASSOCIATION Councilman Edmondson moved to adopt Resolution No authorizing the City to enter into an agreement with the Blue Springs Athletic Association, Inc. to allocate City property for usage by the Youth Sports Organization for youth football practices and games. Motion seconded by Councilman Carter and carried with the following votes: Quibell- Aye Lievsay- Aye Fowler-Aye Carter- Aye Edmonson-Aye Culpepper- Aye ADOPT RESOLUTION NO GREATER KANSAS HOME SCHOOL ASSOCIATION PRESENTATION CENTRAL JACKSON COUNTY FIRE PROTECTION DISTRICT DISCUSSION Councilman Edmondson moved to adopt Resolution No approving a contract with Greater Kansas City Home School Association for the allocation of football facility/field usage. Motion seconded by Councilman Carter and carried with the following votes: Quibell- Aye Lievsay- Aye Fowler-Aye Carter- Aye Edmonson-Aye Culpepper- Aye Chief Steve Westermann, Central Jackson County Fire Protection District (CJCFPD) presented a Power Point presentation on the history of the Emergency Medical Service (EMS) with the City and the upcoming Levy Issue on the August 6 th ballot. CJCFPD will ask voters in August for a levy increase for EMS that will increase the property tax levy by $.15 cents over a three year period. If the ballot issue passes, the City will immediately begin the process of transferring the license to CJC effective October 1, CJC will be completely and wholly responsible for the day-to-day operation and capital funding of the ambulance program. The overall system delivery will become the responsibility of CJC and the City of Blue Springs will relinquish all authority with regard to the license. If the voters approve the proposed levy, the City s funding/subsidy would decrease until $0 funding October 1, If the ballot issue does not pass, the City will retain the EMS license and will maintain control and authority for service delivery through a third-party contract. Chief Westermann stated the presentation had been given approximately a dozen times so far and the response has been favorable and supportive. He stated the only question they had encountered while making the presentation was what will the City do with the money? Councilman Fowler stated that it was not clear to him as to what happens if the proposal does not pass. Chief Westermann stated there were three options: continue with City, but he understood that the City does not want to continue in the present contract; the City could allow CJC to place the proposal on the ballot again; or bid the project out to a third party. Councilman Fowler, as a

8 Not Approved COUNCIL MINUTES July 1, 2013 PAGE 3 taxpayer, thought it was duplicate taxation for the City to continue to collect the tax and then to ask CJC to go out and get a new property tax increase. He proposed and made the motion that for every cent CJC raises their tax levy the City reduce that amount from their tax levy, therefore the citizen will receive a benefit and not pay the tax twice. MOTION CITY ADMINISTRATOR COMMENTS PUBLIC HEARING- CAPITAL IMPROVEMENTS PROGRAM FY THROUGH STAFF REPORT Councilman Fowler moved that for every cent CJC raises their tax levy the City of Blue Springs reduce that amount from the City tax levy. Motion died for lack of a second. City Administrator Eric Johnson thanked the Chief for attending and said he appreciated the relationship the City has had with CJC. He also clarified that this Council has not taken any formal action to say that the City was not interested in going forward with this relationship in the event this proposal was not successful. He stated that as pointed out in the beginning of the presentation with the elite service provided the City has paid a subsidy for Grain Valley, sometimes as high as 15% which puts certain restraints on the City budget. Mr. Johnson said the City, just like CJC and other public entities, has long identified many operational, differed maintenance, and capital projects that currently cannot be funded for lack of revenue. These needs and projects are identified in the City s Capital Improvement Program (in the unfunded projects section) and can all be tracked through the City s annual budget process. The needs are well documented; however a revenue source to fund these needs is not readily available. Successful passage of the CJC initiative will allow the City to reallocate funds previously used to subsidize the EMS program to these other important community projects and initiatives. Mayor Ross opened the public hearing to hear public comments on adoption of the through Capital Improvements Program (CIP). The draft CIP was presented to the Planning Commission on June 10, 2013 and reviewed at the City Council meeting as a discussion item on June 17, The minutes of the public hearing were recorded by a certified court reporter. Community Development Director Scott Allen outlined existing and proposed CIP funded projects and unfunded projects. The total funded projects for the six-year period is approximately $24.7 million and represents 14.4% of the total six-year budget (both funded and unfunded projects). The total cost of the unfunded projects for the six-year period is approximately $146.5 million. Projects proposed to be funded for the budget year totals approximately $2.7 million and represents approximately 11% of the total funded projects for the six-year CIP budget. The total number of project proposed in the next six years ( funded and unfunded ) is 90; sixteen projects are proposed to be funded. Hearing no further comments regarding the program, Mayor Ross closed the public hearing at 7:00 p.m. INTRODUCTION & 1 ST READING BILL NO CAPITAL IMPROVEMENTS PROGRAM FY THROUGH ND READING BILL NO Councilman Edmondson introduced Bill No adopting the Capital Improvements Program for Fiscal Years through Mr. Johnson made the first reading of Bill No. 4256, 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 Carter and carried unanimously. Mr. Johnson made the second reading of Bill No. 4256, by title. Councilman Quibell moved to adopt Bill No upon its second reading and give it

9 Not Approved COUNCIL MINUTES July 1, 2013 PAGE 4 (CIP) ORDINANCE NO. 4435, with a copy attached hereto and made a part of the minutes. Motion seconded by Councilman Edmondson and carried with the following votes with Councilman Lievsay absent: Lievsay - Aye Fowler- Aye Carter- Aye Edmondson - Aye Culpepper- Aye Quibell- Aye INTRODUCTION & 1 ST READING- BILL NO PARKS SALES TAX CALLING FOR ELECTION COUNCIL DISCUSSION Councilman Quibell introduced Bill No adopting an ordinance providing for a sales tax in the amount of one-half of one percent for the purpose of providing funding for local parks and calling an election on the question of whether to impose such sales tax; and designating the time of holding said election. Mr. Johnson made the first reading of Bill No. 4257, by title; copies of the proposed Bill having previously been made available to the public. Councilman Quibell moved to approve Bill No upon its first reading and proceed with the second reading. Motion seconded by Councilman Carter and carried after discussion with the following votes: Councilman Lievsay and Councilman Fowler stated they would vote in opposition of placing a one-half cent sales tax on the November 5 ballot. Councilman Fowler said his reason for voting against the issue was that Vesper Hall, Adams Dairy Parkway, Lake Remembrance, and Hidden Valley were all completed without asking for a tax increase. Councilman Lievsay said that it was about priorities, and the City has more pressing issues than park maintenance. Councilman Carter said it is a matter of need versus want and that the City has other priorities and funding for parks projects typically comes last. He said he felt Blue Springs residents have the right to decide for themselves; this is about what kind of community we want moving forward. Councilman Edmondson said he was concerned about what a potential sales increase will do to businesses and wondered if the community could support an additional tax; however, he feared that if the issue is not put before voters now that Blue Springs will miss its window. Councilman Quibell and Councilman Culpepper said that the issue should be placed on a ballot and let the voters decide. Fowler- NO Carter- Aye Edmondson- Aye Culpepper- Aye Quibell- Aye Lievsay- NO SECOND READING BILL NO PARKS SALES TAX CALLING FOR ELECTION Mr. Johnson made the second reading of Bill No. 4257, by title. Councilman Carter moved to adopt Bill No as amended upon its second reading and give it ORDINANCE NO. 4436, with a copy attached hereto and made a part of the minutes. Motion seconded by Councilman Carter and carried with the following votes after Council discussion: Carter Aye Edmondson Aye Culpepper - Aye Quibell Aye Lievsay NO Fowler - NO MAYORAL ANNOUNCMENTS Mayor Ross said City offices will be closed on Thursday, July 4; the fireworks display will be held that evening with the gates opening at 7:00 with bands (6 Degrees West followed by Tyler Farr). The fireworks show will be at 9:30 p.m. at the Blue Springs High School, 2000 NW Ashton. Thoughts to Ponder: Common Sense and common knowledge are two of the most uncommon things in the world. ---author unknown

10 Not Approved COUNCIL MINUTES July 1, 2013 PAGE 5 ADJOURNMENT At 7:30 p.m. there was no further business to come before the Council; Councilman Edmondson moved the meeting be adjourned. Motion seconded by Councilman Carter and carried with the following votes: Edmondson Aye Culpepper Aye Quibell Aye Lievsay Aye Fowler Aye Carter - Aye ATTEST: Carson Ross, Mayor Kathy Richardson, City Clerk M

11 Council Meeting Date: 7/15/2013 Agenda Item # 3b Page 1 of 2 DATE: July 1, 2013 CITY OF BLUE SPRINGS CITY COUNCIL INFORMATION FORM SUBMITTED BY: Bob McDonald DEPARTMENT: Law Ordinance Resolution Presentation Public Hearing Agreement Discussion Rezoning Other ISSUE/REQUEST Ratification (approval) of a Transferee Agreement between the City and Blue Springs Partners, LP, a Delaware limited partnership. BACKGROUND/EXPLANATION Blue Springs Development Three, Inc., a Missouri For-Profit Corporation ( Developer ), often thought of as RED Development, intends to sell the developed portion of Adams Dairy Landing to Blue Springs Partners, LP, which is a limited partnership made up of Blue Springs Development Three, Inc., limited partner and manager, and Blue Springs Development Two, Inc., general partner, which is managed by Blue Springs Development Three, Inc. A Transferee Agreement has been reviewed by the City Attorney and the City s TIF Counsel, Williams & Campo, and after slight modifications was found to be in compliance with the First Amended and Restated Tax Increment Financing Redevelopment Contract insofar as that contract allows transfers of properties to affiliated persons. The Transferee Agreement needed to be executed prior to the end of the month of June, 2013, as part of a financing and restructuring event for the Developer. The Transferee Agreement was executed on June 28, 2013, by the Assistant City Administrator on behalf of the City. JUSTIFICATION The Transferee Agreement is allowed by the First Amended and Restated Tax Increment Financing Redevelopment Contract. The Agreement satisfies those requirements that relate to transfer of property to an affiliated entity. An attached map shows the developed properties within the Adams Dairy Landing that are being transferred. The Agreement has been reviewed by the City Attorney and Williams & Campo and is in a form that the City may sign. It is necessary for the City Council and Mayor to ratify the action already taken by the City in order to facilitate a transaction which needed to be closed by the end of June for the Developer. Contractor: Amount of Request/Contract: FINANCIAL IMPACT None

12 Council Meeting Date: 7/15/2013 Agenda Item # 3b Page 2 of 2 Amount Budgeted: Funding Source/Account Number: Additional Funds Needed: Funding Source/Account Number: Tax Impact/Analysis: Abatement/Incentives: Escrow: Estimated Start Date PROJECT TIMELINE Estimated End Date STAFF RECOMMENDATION Staff recommends passage of the Resolution. OTHER BOARDS & COMMISSIONS ASSIGNED Name of Board or Commission: N/A Date: Action: LIST OF REFERENCE DOCUMENTS ATTACHED 1. Resolution with the Transferee Agreement attached as Exhibit A. 2. Map showing property to be transferred to the new limited partnership. IF CONTRACT REQUIRED: 1. E-Verify Affidavits Required? No 2. Contract/Affidavits Executed? Yes Requesting Director: REVIEWED BY Finance: PW/Engineering: Legal: City Administrator: Other:

13 Introduced by Councilman Resolution No R E S O L U T I O N A RESOLUTION RATIFYING A TRANSFEREE AGREEMENT BETWEEN THE CITY OF BLUE SPRINGS, MISSOURI AND BLUE SPRINGS PARTNERS, LP, A DELAWARE LIMITED PARTNERSHIP WHEREAS, Blue Springs Development Three, Inc., a Missouri For-Profit Corporation ( Developer ), often thought of as RED Development, intends to sell the developed portion of Adams Dairy Landing to Blue Springs Partners, LP, which is a limited partnership made up of Blue Springs Development Three, Inc., limited partner and manager, and Blue Springs Development Two, Inc., general partner, which is managed by Blue Springs Development Three, Inc.; and WHEREAS, the Transferee Agreement has been reviewed by the City Attorney and the City s TIF Counsel, Williams & Campo, and after slight modifications was found to be in compliance with the First Amended and Restated Tax Increment Financing Redevelopment Contract insofar as that contract allows transfers of properties to affiliated persons; and WHEREAS, the Transferee Agreement needed to be executed prior to the end of the month of June, 2013, as part of a financing and restructuring event for the Developer; and WHEREAS, the Transferee Agreement was executed on June 28, 2013, by the Assistant City Administrator on behalf of the City; and WHEREAS, the City Council and Mayor are herein asked to ratify (approve) the execution of said Agreement that did not previously come before the City Council. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BLUE SPRINGS, MISSOURI, as follows: 1. The City hereby ratifies the Assistant City Administrator s authority to sign on behalf of the City the Transferee Agreement between the City and Blue Springs Partners, LP, a copy of which attached hereto as Exhibit A and is incorporated herein, and further declares it a binding agreement. 2. City staff is directed to perform all tasks necessary to implement said agreement. PASSED BY THE CITY COUNCIL OF THE CITY OF BLUE SPRINGS, MISSOURI, AND APPROVED BY THE MAYOR OF BLUE SPRINGS this 15th day of July, CITY OF BLUE SPRINGS ATTEST: Carson Ross, Mayor Kelli Seitz, Assistant City Clerk Transferee Agreement 7/15/2013

14 "Exhibit A"

15 "Exhibit A"

16 "Exhibit A"

17 "Exhibit A"

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19 Council Meeting Date: 7/1/2013 Agenda Item # 3c Page 1 of 2 CITY OF BLUE SPRINGS CITY COUNCIL INFORMATION FORM DATE: SUBMITTED BY: Randy Cooper DEPARTMENT: Parks & Recreation Ordinance Resolution Presentation Public Hearing Agreement Discussion Rezoning Other ISSUE/REQUEST To approve a resolution to purchase an emergency replacement of two HVAC units providing conditioned air to Vesper Hall. Contractor will remove existing equipment and install replacement equipment in their place. BACKGROUND/EXPLANATION The main HVAC equipment, which was scheduled for replacement in FY 2013/14, stopped working unexpectedly, forcing the need for emergency replacement. The units were installed when the building was built in 1993 and the anticipated replacement schedule is 20 years. The 60-ton unit servicing the main portion of the building had a compressor failure. This particular compressor is no longer being manufactured and the unit must be replaced. Since this was scheduled with the next budget year and in order to save funds, the 17.5-ton unit will be replaced at the same time. This will keep us from having to close the building down twice and affect the scheduled programming and rentals. Since the type of compressor is no longer manufactured we are forced to move to the newer type of compressors inside the units and since this type is higher in initial cost, there is a difference of $48, from our estimated/budgeted cost. This cost is unavoidable due to new technology and higher manufacturing costs. JUSTIFICATION In order to provide quality programming and rental opportunities at Vesper Hall, conditioned air is essential. Since the failure in the cooling unit has taken place during the summer months, it is necessary that repairs take place as quickly as possible. The contract is being awarded to the low bidder which is also the company that constructed the units being replaced to fit the minimal space allowed for them Contractor: FINANCIAL IMPACT U. S. Engineering Company 3433 Roanoke Road Kansas City, MO Rev 03/01/2012

20 Council Meeting Date: 7/1/2013 Agenda Item # 3c Page 2 of 2 Amount of Request/Contract: $178, Amount Budgeted: $ 130, Funding Source/Account Number: Additional Funds Needed: $48, Funding Source/Account Number: Tax Impact/Analysis: N/A Abatement/Incentives: N/A Escrow: N/A PROJECT TIMELINE Estimated Start Date Estimated End Date July 2013 August 2013 STAFF RECOMMENDATION Based on the necessity of the equipment and the facility, staff recommends approval of this resolution. OTHER BOARDS & COMMISSIONS ASSIGNED Name of Board or Commission: N/A Date: Action: LIST OF REFERENCE DOCUMENTS ATTACHED 1. Resolution with copy of Contract attached 2. Bid Tabulation IF CONTRACT REQUIRED: 1. E-Verify Affidavits Required? Yes 2. Contract/Affidavits Executed? Yes Requesting Director: REVIEWED BY Finance: PW/Engineering: Legal: City Administrator: Other: Rev 03/01/2012

21 Introduced by Councilman Resolution No A RESOLUTION APPROVING AN AGREEMENT WITH U.S. ENGINEERING COMPANY FOR TWO (2) HAVC UNITS FOR VESPER HALL SENIOR CENTER WHEREAS, OSHA requirements under Section , R.S.Mo. 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 , R.S.Mo. 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. VesperHallHVAC 7/15/2013

22 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; 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 Agreement; and WHEREAS, the custom designed and built HVAC units on the roof of Vesper Hall were scheduled to be replaced in FY 2013/14 and the major unit (60-ton) suffered a compressor failure this year, the Parks & Recreation Department recommends emergency replacement of that unit and the smaller unit (17.5-ton). Each of these units must be fit into a specific space and standard stock units will not meet these requirements. Building and installing both units at the same time will save money, time and the duration that Vesper Hall must be closed; and WHEREAS, only two companies were able to design, build and install these units within the constraints of the space and the timeliness necessary, the Parks & Recreation Departments recommends that we purchase the equipment and installation services from U. S. Engineering Company, 3433 Roanoke Road, Kansas City, MO , the low bidder, for work based on scope of services in the amount of $178, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BLUE SPRINGS, MISSOURI, as follows: 1. The Mayor or City Administrator is hereby authorized to enter into an agreement with U. S. Engineering Company for $178, A copy of the agreement is attached as Exhibit "A and incorporated herein. 2. City Staff is directed to perform all tasks necessary to implement said agreement. PASSED by the City Council of the City of Blue Springs, Missouri, and approved by the Mayor of Blue Springs, this 15 th day of July, CITY OF BLUE SPRINGS ATTEST: Carson Ross, Mayor VesperHallHVAC 7/15/2013

23 Kelli Seitz, Assistant City Clerk VesperHallHVAC 7/15/2013

24 Rev. 03/01/2013 Exhibit A CITY CITY OF BLUE SPRINGS 903 MAIN ST BLUE SPRINGS, MO Attention: Randy Cooper CONTRACTOR Name: U. S. Engineering Company Address: 3433 Roanoke Road Kansas City MO, Attention: Phil Cavin Department: Parks & Recreation Phone: Fax: Phone: Fax: Tax ID Number: CONTRACTOR AGREEMENT (CONTRACT) THIS AGREEMENT, made and entered into this 16th day of July, 2013, by the parties identified above. WITNESSETH: THAT, 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 A; 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 A 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 A 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. 3. 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 A. 1

25 Rev. 03/01/2013 Exhibit A 6. 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 A for this contract 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 A, 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 A. 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 Seventy- Eight Thousand Six Hundred Ninety One and 00/100 Dollars ($178,691.00) 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 A 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 Transmission ("FAX") if Contractor has a FAX number; U.S. Postal Service Mails; 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 anytime 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. shall 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 having 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 agreement, 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 agreement, though City will attempt to so notify any such assignee. 2

26 Rev. 03/01/2013 Exhibit A 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 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. 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. 15. General Independent Contractor Clause. This agreement 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 agreement 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. 16. 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. 17. Insurance. Contractor agrees to maintain insurance as set forth below and provide to City certificates of coverage evidencing said coverage within fifteen (15) days of the time of the signing of this Agreement, which certificates, if available and possible, contains a provision that the policy will not be 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 Agreement 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 $2,000,000 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: $2,000,000 combined single limit with City named as an additional insured on the policy. c. Workers Compensation: statutory requirements. 3

27 Rev. 03/01/2013 Exhibit A 18. 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, subcontractors 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 agreement in its contract price. Contractor s obligation under this agreement 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 agreement. 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 agreement, 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. 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 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 RSMo shall employ only Missouri laborers and laborers from nonrestrictive states on such project or improvement in compliance with Sections thru RSMo. 20. Payment Bond. If this Contract is estimated to exceed $25,000 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 RSMo. 21. 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. 22. OSHA Requirements under Section , R.S.Mo. 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 4

28 Rev. 03/01/2013 Exhibit A 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 , R.S.Mo. 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 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. 23. 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 (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: STATE OF MISSOURI ) ) ss. COUNTY OF JACKSON ) AFFIDAVIT AND PROVISION OF DOCUMENTATION Affiant,, the (title) of (contractor s full name) having been duly sworn, states upon his/her oath: 5

29 Rev. 03/01/2013 Exhibit A 1. My name is. 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 s 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. FURTHER AFFIANT SAYETH NOT. (Print Name & Title) Subscribed, acknowledged, and sworn to before me by this day of, 20 My Commission Expires: Notary Public STATE OF MISSOURI ) ) ss. COUNTY OF JACKSON ) AFFIDAVIT CONCERNING EMPLOYMENT OF UNAUTHORIZED ALIENS Affiant,, the (title) of (contractor s full name) having been duly sworn, states upon his/her oath: 1. My name is. 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. FURTHER AFFIANT SAYETH NOT. (Print Name & Title) Subscribed, acknowledged, and sworn to before me by this day of, 20. 6

30 Rev. 03/01/2013 Exhibit A My Commission Expires: Notary Public 24. 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. 25. Jurisdiction. This agreement and every question arising hereunder shall be construed or determined according to the laws of the State of Missouri. Should any part of this agreement be litigated, venue shall be proper only in the Circuit Court of Jackson County, Missouri at Independence. 26. Entire Agreement. This agreement contains the entire agreement of the parties. No modification, amendment, or waiver of any of the provisions of this agreement 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: U. S. Engineering Company CERTIFICATE OF DIRECTOR OF FINANCE I certify that the expenditure contemplated by this document is within the purpose of the appropriation to which it is to be charged and that there is an unencumbered balance of appropriated and available funds to pay therefor. Director of Finance By: Name: CITY OF BLUE SPRINGS, MISSOURI By: Eric Johnson, City Administrator Title: APPROVED AS TO FORM City Attorney 7

31 Rev. 03/01/2013 Exhibit A Exhibit A to Contract Scope of Work Name of Contractor Scope of Work (Job Description) U. S. Engineering Company Provide labor, materials and equipment to replace two (2) rooftop HVAC Units at Vesper Hall located at 400 NW Vesper Rd. Blue Springs. Replacement units shall be as follows: (1) Engineered Air Model # FWE624/R/O 105, 60 TON RTU (2) Engineered Air Model # FWE163/C/R/O TON RTU This project will be in accordance with Missouri Prevailing Wage Act guidelines and Contractor will be required to provide documentation to affirm enrollment in a federal work authorization program, E-Verification. The Contractor shall be required to process a valid City Business License and insurance coverage as specified by the City. The specifications contained in the RFQ that were used for the bidding process are incorporated herein by reference, and this contract shall be performed in accordance with those specifications. Attachments: 1. Prevailing Wage Order Start Date July 2013 Interim Deadlines (if applicable) Date Phase of Project To Be Completed August 2013 Final Completion Deadline Reimbursable Expenses X None Travel, Lodging, Meals, Phone Calls, Copying, Postage Maximum Payment $ 178, Maximum Payment for Services Rendered $0 Maximum Amount Of Expenses To Be Reimbursed $ 178, Total Maximum Amount To Be Paid To Contractor Method of Payment X Lump Sum Of Entire Amount Upon Satisfactory Completion of Project Monthly Payments Based On Rate of $ Per Hour City Official To Approve Payment(s) Department Head s Signature Incremental Payments As Follows: Randy Cooper 8 Date:

32 Bid Tabulation Vesper Hall HVAC Replacement 2013 Four bids were received from three different vendors although two bids were disqualified for not complying with space requirements required in the RFQ. The two bids below are the only ones that fit the space and installation constraints. We had originally budgeted $130, based on known costs of replacement of these units, but newer technology and compressor types, the costs were $48, higher than anticipated. Newer compressors and HVAC units have redundant compressors and much higher efficiency systems. There is a standard production lead time of 10 weeks. Because the summer season and associated warmer temperatures are approaching, we need to proceed as quickly as possible to maintain the desired interior temperatures at Vesper Hall Company 60 ton Unit 17.5 ton Unit Total U. S Engineering $117, $61, $178, Waldinger Corporation $130, $57, $184, Note: total includes a $2, deduct if both units are purchased at the same time.

33 Council Meeting Date: 7/15/2013 Agenda Item # 3d Page 1 of 2 CITY OF BLUE SPRINGS CITY COUNCIL INFORMATION FORM DATE: July 9, 2013 SUBMITTED BY: Chris Sandie DEPARTMENT: Public Works Ordinance Resolution Presentation Public Hearing Agreement Discussion Rezoning Other ISSUE/REQUEST The City and the Sherwood Village Homes Association desire to improve the appearance of NW Hunter Drive in the City by making certain landscaping improvements in the western most (first) curbed island off 7 Highway in the right-of-way. BACKGROUND/EXPLANATION The City agrees, at its sole cost and expense, to remove and dispose of the asphalt in the abovementioned curbed island area. The Sherwood Village Homes Association agrees, at its sole cost and expense, to initially purchase and place black fill dirt in the area from which the asphalt was removed and to plant grass, various small bushes and trees, flowers and plants in the curbed area in the right-of-way and to use mulch to make the area visually appealing. After the removal of the asphalt, the City has no obligations. JUSTIFICATION The Sherwood Village Homes Association will maintain the island as stated in the attached agreement. Corporation: Amount of Request/Contract: Amount Budgeted: Funding Source/Account Number: Additional Funds Needed: Funding Source/Account Number: Tax Impact/Analysis: Abatement/Incentives: Escrow: Estimated Start Date August 1, 2013 FINANCIAL IMPACT Sherwood Village Homes Association N/A N/A N/A N/A PROJECT TIMELINE Estimated End Date July 30, 2033 with option to automatically renew Rev 03/01/2012

34 Council Meeting Date: 7/15/2013 Agenda Item # 3d Page 2 of 2 for up to 5 additional 20 year terms. STAFF RECOMMENDATION Staff recommends the City enter into the agreement with the Sherwood Village Homes Association for landscaping and maintenance of the first curbed island off 7 Highway on NW Hunter Drive. OTHER BOARDS & COMMISSIONS ASSIGNED Name of Board or Commission: N/A Date: Action: LIST OF REFERENCE DOCUMENTS ATTACHED 1. Resolution with proposed agreement attached as Exhibit A. IF CONTRACT REQUIRED: 1. E-Verify Affidavits Required? No 2. Contract/Affidavits Executed? Yes Requesting Director: Chris Sandie PW/Engineering: REVIEWED BY Finance: Legal: City Administrator: Other: Rev 03/01/2012

35 Introduced by Councilman Resolution No A RESOLUTION APPROVING AN AGREEMENT WITH SHERWOOD VILLAGE HOMES ASSOCIATION FOR LANDSCAPING IMPROVEMENTS OF THE FIRST CURBED ISLAND OFF 7 HIGHWAY ON NW HUNTER DRIVE WHEREAS, the City of Blue Springs and the Sherwood Village Homes Association desire to improve the appearance of NW Hunter Drive in the City; and WHEREAS, the Public Works Department will remove and dispose of asphalt from the island; and WHEREAS, the Sherwood Village Homes Association will landscape and maintain, at its sole cost and expense, the island for a 20-year term beginning August 1, 2013, and automatically renewed for up to five additional 20-year terms. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BLUE SPRINGS, MISSOURI, as follows: 1. The City Administrator has the authority and is hereby authorized to enter into an agreement with Sherwood Village Homes Association, 2800 NW 5 th St., Blue Springs, MO 64014, for landscaping improvements of the first curbed island off 7 Highway on NW Hunter Drive. A copy of the proposed agreement is attached hereto as Exhibit A and is incorporated herein. 2. City Staff is directed to perform all tasks necessary to implement said agreement. PASSED by the City Council of the City of Blue Springs, Missouri, and approved by the Mayor of Blue Springs, this 15th day of July, CITY OF BLUE SPRINGS ATTEST: Carson Ross, Mayor Kelli Seitz, Assistant City Clerk SherwoodVillageisland 7/15/2013

36 "Exhibit A"

37 "Exhibit A"

38 "Exhibit A"

39 "Exhibit A"

40 "Exhibit A"

41 "Exhibit A"

42 "Exhibit A"

43 Council Meeting Date: 7/15/2013 Agenda Item # 3e Page 1 of 2 DATE: June 25, 2013 CITY OF BLUE SPRINGS CITY COUNCIL INFORMATION FORM SUBMITTED BY: Steve Willman DEPARTMENT: Parks & Recreation Ordinance Resolution Presentation Public Hearing Agreement Discussion Rezoning Other ISSUE/REQUEST Approval of a Resolution for the lease of the old Community Center at 200 N. 14 th Street to the Blue Springs School of Economics, Inc., a not-for-profit corporation for a period of four years with optional renewal at the end of this agreement. BACKGROUND/EXPLANATION When the City built the Vesper Hall facility in 1992, we vacated the old Community Center. At that time the Blue Springs School of Economics, Inc. began a lease with the City to occupy and program the building, which included the responsibility for the maintenance and any building repairs or improvements and a payment of one dollar ($1.00) per year, for the use of the building. JUSTIFICATION The lease has been on a four-year cycle, with the current lease expiring on September 30 th, We have reviewed the lease agreement and both parties are in agreement to renew the lease for another fouryear period. School of Economics has up held the conditions of the agreement, performed maintenance and repairs as required, and given sufficient notice to the City regarding the renewal of the agreement. FINANCIAL IMPACT Contractor: Blue Springs School of Economics, Inc., 200 N. 14 th St., Blue Spr MO Amount of Request/Contract: $1.00 Amount Budgeted: $1.00 Funding Source/Account Number: Additional Funds Needed: NA Funding Source/Account Number: NA Tax Impact/Analysis: NA Abatement/Incentives: NA Escrow: NA Estimated Start Date PROJECT TIMELINE Estimated End Date Rev 03/01/2012

44 October 1, 2013 September 30, 2017 Council Meeting Date: 7/15/2013 Agenda Item # 3e Page 2 of 2 Staff recommends approval. STAFF RECOMMENDATION OTHER BOARDS & COMMISSIONS ASSIGNED Name of Board or Commission: NA Date: Action: LIST OF REFERENCE DOCUMENTS ATTACHED 1. Resolution with copy of building lease agreement attached IF CONTRACT REQUIRED: 1. E-Verify Affidavits Required? NA 2. Contract/Affidavits Executed? NA Requesting Director: Dennis Dovel REVIEWED BY Finance: PW/Engineering: Legal: City Administrator: Other: Rev 03/01/2012

45 Introduced by Councilman Resolution No A RESOLUTION APPROVING A BUILDING LEASE AGREEMENT WITH THE BLUE SPRINGS SCHOOL OF ECONOMICS, INC. FOR THE USE OF THE OLD COMMUNITY CENTER AT 200 NORTH 14TH STREET WHEREAS, the City of Blue Springs owned and operated a Community Center for senior citizens at 200 North 14th Street, through 1992, at which time the new senior facility, Vesper Hall, opened, allowing the City to vacate the old facility; and WHEREAS, the City was approached and did agree to a lease with the Blue Springs School of Economics Inc. to occupy, program, maintain, and provide improvements to the old Community Center for one dollar ($1.00) per year; and WHEREAS, the lease agreement is for four years, with an option to renew the lease for another four years, with the current lease expiring on September 30, Both parties agreed to the terms in the lease agreement and desire to enter into a new lease under the same terms for another four-year period through September 30, 2017, with the option to renew the lease at that time. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BLUE SPRINGS, MISSOURI, as follows: 1. The City Administrator has the authority and is hereby authorized to enter into a agreement with the Blue Springs School of Economics Inc., 200 North 14th Street, Blue Springs, Missouri 64015, to occupy, program, maintain, and provide improvements to the facility for one dollar ($1.00) per year. A copy of the proposed agreement is attached hereto as Exhibit A and is incorporated herein. 2. City Staff is directed to perform all tasks necessary to implement said agreement. PASSED by the City Council of the City of Blue Springs, Missouri, and approved by the Mayor of Blue Springs, this 15 th day of July, CITY OF BLUE SPRINGS ATTEST: Carson Ross, Mayor Kelli Seitz, Assistant City Clerk SchoolofEconomicslease 7/15/2013

46 Exhibit A BUILDING LEASE WITH BLUE SPRINGS SCHOOL OF ECONOMICS, INC. SECTION ONE SUBJECT AND PURPOSE Lessor, City of Blue Springs, Missouri, a Missouri Municipal Corporation, 903 Main, Blue Springs, Missouri, leases the building and land located in the City of Blue Springs, County of Jackson, State of Missouri, presently known as the Blue Springs Community Center at 200 N. 14th Street, Blue Springs, Missouri, which land and building is owned by the City of Blue springs to Lessee, the Blue Springs School of Economics, Inc., a Missouri not-for-profit corporation, for Lessee's use to house and operate a School of Economics to educate youth in all aspects of economics and its application to real life situations and the business world. SECTION TWO TERM AND RENT A. Lessor demises the above-described premises for a term of four (4) years, commencing on the lst day of October 2013, and terminating four (4) years thereafter, or sooner as provided in this lease agreement, at the annual rental of One Dollar ($1.00), payable annually on the first day of the term of the lease or renewals. B. All rental payments shall be made to Lessor at the address specified above. C. Lessee shall pay the rent as specified in this section and in Section Three, below. SECTION THREE ADDITIONAL RENT All taxes, charges, costs, and expenses that Lessee assumes or agrees to pay under this lease agreement, together with all interest and penalties that may accrue thereon in the event of the failure of Lessee to pay those items, and all other damages, costs, expenses, and sums that Lessor may suffer or incur, or that may become due, by reason of any default of Lessee or failure by Lessee to comply with the terms and conditions of this lease agreement shall be deemed to be additional rent, and, in the event of nonpayment, Lessor shall have all the rights and remedies as provided in this lease agreement for failure to pay rent. SECTION FOUR ALTERATIONS, ADDITIONS, AND IMPROVEMENTS A. Subject to the limitation that no substantial portion of the building on the demised premises shall be demolished or removed by Lessee without the prior, express, and written consent of Lessor, and, if necessary, of any mortgagee, Lessee may at any time during the lease term, subject to the conditions set forth below and at its own expense, make any alterations, additions, or improvements in and to the demised premises and the building. Alterations shall be performed in a satisfactory manner and shall not weaken or impair the structural strength, or

47 Exhibit A lessen the value, of the building on the demised premises, or change the general purposes for which the building, or any part of the building, may be used. B. Conditions with respect to alterations, additions, or improvements are as follows: (1) Before commencement of any work, all plans and specifications, if required by ordinance or law, shall be filed with and approved by all governmental departments including but not limited to those of the City of Blue Springs, Missouri, or authorities having jurisdiction. All work shall be done in accordance with the requirements of local ordinances and regulations. The plans and specifications for any alterations estimated to cost Five Hundred Dollars ($500.00) or more shall be submitted to Lessor for written approval prior to commencing work whether required by ordinance or not. All outdoor signage shall be approved by Lessor. (2) Prior to commencement of any work Lessee shall pay the amount of any increase in premiums on insurance policies provided for in this lease agreement because of endorsements to be made covering the risk during the course of work. C. All alterations, additions, and improvements on or in the demised premises at the commencement of the term, and which may be erected or installed during the term, shall become part of the demised premises and the sole property of Lessor, except that all moveable trade fixtures installed by Lessee shall be and remain the property of Lessee. It is agreed that kitchen facilities within the structure that are not used shall remain the property of Lessor to dispose of as it sees fit. SECTION FIVE REPAIRS Lessee shall, at all times during the term of this lease agreement and at its own cost and expense, repair, replace, and maintain in a good, safe, and substantial condition, all buildings and any improvements, additions, and alterations to such buildings, on the demised premises, and shall use all reasonable precaution to prevent waste, damage, or injury to the demised premises. If a major repair or replacement will exceed fifteen hundred dollars ($1,500.00), or a necessary major capital expenditure will exceed twenty five hundred dollars ($2,500.00), or a structural repair will exceed five thousand dollars ($5,000.00), Lessee, rather than completing said repair or replacement or making the expenditure may terminate this lease. Lessee shall provide all janitorial services for the leased premises and provide all maintenance to the grounds, to include but not be limited to, mowing, trimming trees and shrubs, and weed control. SECTION SIX TAXES A. Lessee shall pay on or before the last day on which payment may be made without penalty or interest, all taxes, assessments, or other governmental charges that shall or may

48 Exhibit A during the lease term be imposed on, or arise in connection with the use of, the demised premises or any part of the demised premises, if any. B. Lessee shall pay all taxes assessed in lieu of or in addition to the foregoing under all present or future laws of all governmental authorities whatsoever. C. Lessee shall have the right to apply for the conversion of any special assessment for local improvements in order to cause them to be payable in installments. On the conversion, Lessee shall be obligated to pay only those installments that may become due during the term of this lease agreement. D. Lessee shall within twenty (20) days after the time provided for the payment of any tax or other governmental charge by Lessee, produce and exhibit to Lessor satisfactory evidence of the payment. SECTION SEVEN UTILITIES All applications and connections for necessary utility services on the demised premises shall be made in the name of Lessee only. Lessee shall be solely liable for utility charges as they become due, including, but not limited to, those for sewer, water, gas, electricity, and telephone services. SECTION EIGHT SECURITY DEPOSIT There shall be no security deposit. SECTION NINE INSURANCE A. During the term of this lease agreement, and for any further time that Lessee shall hold the demised premises, Lessee shall obtain and maintain at its expense the following types and amounts of insurance: (1) Fire insurance. Lessor shall keep all buildings, improvements, and equipment on the demised premises, including all alterations, additions, and improvements, insured against loss or damage by fire, with all standard extended coverage that may be required by any first mortgagee. The insurance shall be in an amount sufficient to prevent Lessor and Lessee from becoming co-insurers under provisions of applicable policies of insurance, but in any event in an amount not less than one hundred percent (100%) of the full insurable value of the demised premises, excluding the cost of excavation and of foundations. (2) Personal injury and property damage insurance. Insurance against liability for bodily injury and property damage and machinery insurance, all to be in amounts

49 Exhibit A and in forms of insurance policies as may from time to time be required by Lessor, shall be provided by Lessee. This requirement shall specifically include plate glass insurance, covering the glass on the demised premises. (3) Other insurance. Lessee shall provide and keep in force other insurance in amounts that may from time to time be required by Lessor against other insurable hazards as are commonly insured against for the type of business activity that Lessee will conduct. B. All insurance provided by Lessee as required by this section shall be carried in favor of Lessor and Lessee as their respective interests may appear. In the case of insurance against damage to the demised premises by fire or other casualty, the policy shall provide that loss, if any, shall be adjusted with and be payable to Lessor. Rent insurance and use and occupancy insurance shall be carried in favor of Lessee. All insurance shall be written with responsible companies that Lessor shall approve, and the policies shall be held by Lessor with copies of the policies or certificates of insurance being delivered by Lessee to Lessor. All policies shall require thirty (30) days' notice by registered mail to Lessor of any cancellation or change affecting any interest of Lessor. SECTION TEN UNLAWFUL OR DANGEROUS ACTIVITY Lessee shall neither use nor occupy the demised premises or any part of the demised premises for any unlawful, disreputable, or ultrahazardous business purpose nor operate or conduct its business in a manner constituting a nuisance of any kind. Lessee shall immediately, on discovery of any unlawful, disreputable, or ultrahazardous use, take action to halt such activity. SECTION ELEVEN INDEMNITY Lessee shall indemnify Lessor against any and all expenses, liabilities, and claims of every kind, including reasonable counsel fees, by or on behalf of any person or entity arising out of either (1) a failure by Lessee to perform any of the terms or conditions of this lease agreement, (2) any injury or damage happening on or about the demised premises, (3) failure to comply with any law of any governmental authority, or (4) any mechanic's lien or security interest filed against the demised premises or equipment, materials, or alterations of buildings or improvements on the demised premises. SECTION TWELVE DEFAULT OR BREACH Each of the following events shall constitute a default or breach of this lease agreement by Lessee:

50 Exhibit A (1) If Lessee, or any successor or assignee of Lessee while in possession, shall file a petition in bankruptcy or insolvency or for reorganization under any bankruptcy act, or shall voluntarily take advantage of any such act by answer or otherwise, or shall make an assignment for the benefit of creditors. (2) If involuntary proceedings under any bankruptcy law or insolvency act shall be instituted against Lessee, or if a receiver or trustee shall be appointed for all or substantially all of the property of Lessee, and such proceedings shall not be dismissed or the receivership or trusteeship vacated within thirty (30) days after the institution or appointment. (3) If Lessee shall fail to pay Lessor any rent or additional rent when the rent shall become due and shall not make the payment within thirty (30) days after notice thereof by Lessor to Lessee. (4) If Lessee shall fail to perform or comply with any of the conditions of this lease agreement and if the nonperformance shall continue for a period of sixty (60) days after notice of nonperformance given by Lessor to Lessee or, if the performance cannot be reasonably had within the sixty day period, Lessee shall not in good faith have commenced performance within the sixty-day period and shall not diligently proceed to completion of performance. (5) If Lessee shall vacate or abandon the demised premises. (6) If this lease agreement or the estate of Lessee under this lease agreement shall be transferred to or shall pass to or devolve on any other person or party, except in the manner permitted in this lease agreement. (7) If Lessee fails to take possession of the demised premises on the term commencement date, or within sixty (60) days after notice that the demised premises are available for occupancy, if the term commencement date is not fixed in this lease agreement or shall be deferred as provided in this lease agreement. SECTION THIRTEEN EFFECT OF DEFAULT In the event of any default under this lease agreement, as set forth in Section Twelve, the rights of Lessor shall be as follows: (1) Lessor shall have the right to cancel and terminate this lease agreement, as well as all of the right, title, and interest of Lessee under this lease agreement, by giving to Lessee not less than thirty (30) days' notice of the cancellation and termination. On expiration of the time fixed in the notice, this lease agreement and the right, title, and interest of Lessee under this lease agreement, shall terminate in the same manner and with the same force and effect, except as to Lessee's liability, as if the

51 Exhibit A date fixed in the notice of cancellation and termination were the end of the term originally set forth in this lease agreement. (2) Lessor may elect, but shall not be obligated, to make any payment required of Lessee in this lease agreement or comply with any agreement, term, or condition required by this lease agreement to be performed by Lessee. Lessor shall have the right to enter the demised premises for the purpose of correcting or remedying any such default and to remain until the default has been corrected or remedied, but any expenditure for the correction by Lessor shall not be deemed to waive or release the default of Lessee or the right of Lessor to take any action as may be otherwise permissible under this lease agreement in the case of any default. (3) Lessor may reenter the demised premises immediately and remove the property and personnel of Lessee, and store the property in a public warehouse or at a place selected by Lessor, at the expense of Lessee. After reentry Lessor may terminate the lease on giving thirty (30) days' written notice of termination to Lessee. Without the notice, reentry will not terminate this lease agreement. On termination, Lessor may recover from Lessee all damages proximately resulting from the breach, including the cost of recovering the demised premises and the value of the reasonable rental value of the demised premises for the remainder of the lease term, which sum shall be immediately due Lessor from Lessee. SECTION FOURTEEN DESTRUCTION OF PREMISES A. In the event of a partial destruction of the premises during the term of this lease agreement from any cause, Lessor shall promptly repair such damage, provided the repairs can be made within thirty (30) days under the laws and regulations of applicable governmental authorities. Any partial destruction shall neither annul nor void this lease agreement. In the event that Lessor does not elect to make repairs that cannot be made in the specified time, or those repairs cannot be made under the laws and regulations of the applicable governmental authorities, this lease agreement may be terminated at the option of either party. B. Should the building in which the demised premises are situated be destroyed to the extent that the cost of restoration will equal or exceed fifty percent (50%) of the replacement cost, this lease agreement may be terminated at the option of either party. SECTION FIFTEEN CONDEMNATION Rights and duties in the event of condemnation are as follows: (1) If the whole of the demised premises shall be taken or condemned by any competent authority for any public or quasi-public use or purpose, this lease agreement shall cease and terminate as of the date on which title shall vest in that authority, and the

52 Exhibit A rent reserved under this lease agreement shall be apportioned and paid up to that date. (2) In the event of any taking or condemnation in whole or in part, the entire resulting award of consequential damages shall belong to Lessor without any deduction from such award for the value of the unexpired term of this lease agreement or for any other estate or interest in the demised premises now or later vested in Lessee. Lessee assigns to Lessor all its right, title, and interest in any and all such awards. SECTION SIXTEEN SUBORDINATION This lease agreement and all rights of Lessee under this lease agreement shall be subject and subordinate to the lien of any and all mortgages that may now or hereafter affect the demised premises, or any part, of the demised premises, and to any and all renewals, modifications, or extensions of any such mortgages. Lessee shall on demand execute, acknowledge, and deliver to Lessor, without expense to Lessor, any and all instruments that may be necessary or proper to subordinate this lease agreement and all rights in this lease agreement to the lien of any such mortgage or mortgages. If Lessee shall fail at any time to execute, acknowledge, and deliver any such subordination instrument, Lessor, in addition to any other remedies available in consequence thereof, may execute, acknowledge, and deliver the subordination instrument as Lessee's attorney-in-fact and in Lessee's name. Lessee hereby irrevocably makes, constitutes, and appoints Lessor, its successors and assigns, its attorney-infact for that purpose. SECTION SEVENTEEN ACCESS TO PREMISES; SIGNS POSTED BY LESSOR Lessee shall permit Lessor or its agents to enter the demised premises at all reasonable hours to inspect the premises or make repairs that Lessee may neglect or refuse to make in accordance with provisions of this lease agreement, and also to show the premises to prospective buyers. At any time within two (2) months prior to the expiration of the term of this lease agreement, Lessor may show the demised premises to persons wishing to rent them. Lessee shall, within two (2) months prior to the expiration of the term of this lease agreement, permit the usual notices of "For Rent" and "For Sale" to be placed on the demised premises and to remain on the premises without hindrance and molestation. SECTION EIGHTEEN EASEMENTS, AGREEMENTS, OR ENCUMBRANCES The parties shall be bound by all existing easements, agreements, and encumbrances of record relating to the demised premises, and Lessor shall not be liable to Lessee for any damages resulting from any action taken by a holder of an interest pursuant to the rights of that holder. SECTION NINETEEN

53 Exhibit A QUIET ENJOYMENT Lessor warrants that Lessee shall be granted peaceable and quiet enjoyment of the demised premises free from any eviction or interference by Lessor if Lessee pays the rent and other charges provided in this lease agreement, and otherwise fully and punctually performs the terms and conditions imposed on Lessee. SECTION TWENTY LIABILITY OF LESSOR Lessee shall be in exclusive control and possession of the demised premises, and Lessor shall not be liable for any injury or damages to any property or to any person on or about the demised premises or for any injury or damage to any property of Lessee. The provisions of this lease agreement permitting Lessor to enter and inspect the demised premises are made to insure that Lessee is in compliance with the terms and conditions of this lease agreement and to insure that Lessee makes repairs which Lessee has agreed to make. Lessor shall not be liable to Lessee for any entry on the premises for inspection purposes. SECTION TWENTY-ONE REPRESENTATIONS BY LESSOR At the commencement of the term, Lessee shall accept the buildings and improvements and any equipment in their existing condition and state of repair, and Lessee agrees that no representations, statements, or warranties, express or implied, have been made by or on behalf of Lessor in respect thereto except as contained in the provisions of this lease agreement which Lessee certifies have been carefully read and understood. Lessor shall in no event be liable of any latent defects. SECTION TWENTY-TWO WAIVERS The failure of Lessor to insist on strict performance of any of the terms and conditions of this lease agreement on a specific instance shall be deemed a waiver of the rights or remedies that Lessor may have regarding that specific instance only, and shall not be deemed a waiver of any subsequent breach or default in any terms and conditions. SECTION TWENTY-THREE NOTICES A. All notices, demand, or other writings in this lease agreement provided to be given or made or sent, or which may be given or made or sent, by either party to the other, shall be deemed to have been fully given or made or sent, when made in writing and deposited in the United States mail, registered and postage prepaid, and addressed as follows: TO LESSOR: City Administrator, City of Blue Springs, 903 Main, Blue Springs, Missouri, 64015

54 Exhibit A TO LESSEE: Registered Agent for Lessee B. The address to which any notice, demand, or other writing may be given or made or sent to any party as above provided may be changed by written notice given by such party as above provided. SECTION TWENTY-FOUR ASSIGNMENT, MORTGAGE, OR SUBLEASE Neither Lessee nor its successors or assigns shall assign, mortgage, pledge, or encumber this lease agreement or sublet the demised premises in whole or in part, or permit the demised premises to be used or occupied by others, nor shall this lease agreement be assigned or transferred by operation of law, without the prior, express, and written consent in writing of Lessor in each instance with Lessor having the right to see any proposed sublease and approve the same. Lessee shall not sublease any portion of the property without a written sublease. Lessee shall continue to be liable under this lease agreement in accordance with its terms and conditions and shall not be released from the performance of the terms and conditions of this lease agreement by any sublease. The Lessee may not grant to a sublessee the right to further sublease the property without the written approval of Lessor. SECTION TWENTY-FIVE OPTION TO RENEW/TERMINATION Lessor grants to lessee an option to renew this lease agreement for a period of four (4) years after expiration of the term of this lease agreement at a rental of One Dollar ($1.00) per year, with all other terms and conditions of the renewal lease to be the same as those in this lease agreement. To exercise this option, lessee must give lessor written notice of the intention to do so at least sixty (60) days before this lease agreement expires. The foregoing notwithstanding, after the lst day of October 2013, if this lease has been renewed, either party may terminate this lease based on the giving of a minimum of one (1) year s written notice on or before any September 1st thereafter to the other party stating the lease shall terminate on August 31st of the next succeeding calendar year. With respect to Lessor s right to exercise termination, as provided in this Section, said right shall only accrue after the City Council has determined that termination of the lease is in the best interests of the City. SECTION TWENTY-SIX SURRENDER OF POSSESSION A. Lessee shall, on the last day of the term, or on earlier termination and forfeiture of this lease agreement, peaceably and quietly surrender and deliver the demised premises to Lessor free of subtenancies, including all buildings, additions, and improvements constructed or placed on the demised premises by Lessee, except movable trade fixtures, all in good condition and repair. B. If Lessor so elects, any trade fixtures or personal property not used in connection with the operation of the demised premises and belonging to Lessee, if not removed at the

55 Exhibit A termination or forfeiture of this lease agreement shall be deemed abandoned and become the property of Lessor without any payment or offset for such fixtures or property. At Lessor's election, Lessor may remove such fixtures or property from the demised premises and store them at the risk and expense of Lessee. C. Lessee shall repair and restore all damage to the demised premises caused by the removal of equipment, trade fixtures, and personal property. SECTION TWENTY-SEVEN REMEDIES OF LESSOR A. In the event of a breach or a threatened breach by Lessee of any of the terms or conditions of this lease agreement, Lessor shall have the right of injunction to restrain Lessee and the right to invoke any remedy allowed by law or in equity, as if the specific remedies of indemnity or reimbursement were not provided in this lease agreement. B. The rights and remedies given to Lessor in this lease agreement are distinct, separate, and cumulative, and no one of them, whether or not exercised by Lessor, shall be deemed to be in exclusion of any of the others in this lease agreement, by law, or by equity provided. C. In all instances under this lease agreement, and in any suit, action, or proceeding of any kind between the parties, it shall be presumptive evidence of the fact of the existence of a charge being due if Lessor shall produce a bill, notice, or certificate of any public official entitled to give notice to the effect that such a charge appears of record on the books in his or her office and has not been paid. D. No receipt of money by Lessor from Lessee after default or cancellation of this lease agreement in any lawful manner shall (1) reinstate, continue, or extend the term or affect any notice given to Lessee, (2) operate as a waiver of the right of Lessor to enforce the payment of rent and additional rent then due or falling due, or (3) operate as a waiver of the right of Lessor to recover possession of the demised premises by property suit, action, proceeding, or other remedy. After (1) service of notice of termination and forfeiture as provided in this lease agreement and the expiration of the time specified in such notice, (2) the commencement of any suit, action, proceeding, or other remedy, or (3) final order or judgment for possession of the demised premises, Lessor may demand, receive, and collect any monies due, without in any manner affecting such notice, order or judgement. Any and all such monies so collected shall be deemed to be payment on account of the use and occupation of the demised premises or at the location of Lessor, on account of the liability of Lessee under this lease agreement. SECTION TWENTY-EIGHT DUTY TO MAKE IMPROVEMENTS OR ALTERATIONS REQUIRED BY LAW If, during the term of this lease, any law, regulation, or rule requires that an alteration, addition, or other change or improvement be made to the demised premises, the parties agree as follows:

56 Exhibit A A. If the alterations, additions, or other changes or improvements are required as a result of Lessee's use of the premises, Lessee shall make them and bear all expenses connected therewith. B. If the alterations, additions, or other changes or improvements are required as a result of the condition or nature of the premises at the time of execution of this lease, not caused by Lessee's use of the premises, and related to a portion of the premises that Lessor has agreed to maintain and repair, Lessor may make them and bear all expenses connected therewith, or Lessor may elect to terminate the lease as of the date said alterations, additions, or change or improvements are required to be in place, and Lessor shall have possession of the demised premises and Lessee shall deliver and surrender to Lessor possession and this lease shall become void and the term hereby created shall end. SECTION TWENTY-NINE ENTIRE AGREEMENT This lease agreement shall constitute the entire agreement between the parties. Any prior understanding or representation of any kind preceding the date of this lease agreement shall not be binding upon either party except to the extent incorporated in this lease agreement. SECTION THIRTY MODIFICATION OF AGREEMENT Any modification of this lease agreement or additional obligation assumed by either party in connection with this lease agreement shall be binding only if evidenced in a writing signed by each party or an authorized representative of each party. SECTION THIRTY-ONE BINDING EFFECT This lease agreement shall bind and inure to the benefit of the respective heirs, personal representatives, successors, and assigns of the parties. SECTION THIRTY-TWO APPLICABLE LAW This lease agreement shall be governed by and construed in accordance with the laws of the State of Missouri. SECTION THIRTY-THREE TIME OF THE ESSENCE It is specifically declared that time is of the essence in all provisions of this lease agreement. SECTION THIRTY-FOUR

57 Exhibit A PARAGRAPH HEADINGS The titles to the paragraphs of this lease agreement are solely for the convenience of the parties and shall not be used to explain, modify, simplify, or aid in the interpretation of the provisions of this lease agreement. SECTION THIRTY-FIVE TRANSFER BY LESSOR; RELEASE FROM LIABILITY In the event Lessor shall sell or transfer the building and/or land or any part of it and as part of said transaction shall assign its interest as Lessor in and to this lease agreement, then from the date of sale, assignment, or transfer Lessor shall have no further liability under this agreement to Lessee except as to any matters of liability that have already accrued and are unsatisfied as of such date. SECTION THIRTY-SIX NEGATION OF PARTNERSHIP Lessor shall not become or be deemed a partner or a joint venturer with Lessee by reasons of the provisions of this lease agreement. SECTION THIRTY-SEVEN EARLY TERMINATION This lease is granted to house and operate a School of Economics to educate youth, including but not limited to the youth of Blue Springs, about various aspects of economics. If said premises are no longer used by Lessee for said purposes this lease shall automatically and immediately terminate and provisions involving termination shall take effect. SECTION THIRTY-EIGHT AUTHORIZATION Lessor and Lessee warrant that the signatures affixed below have been authorized by the City Council of the City of Blue Springs, in the case of Lessor, and the Board of Directors of the School of Economics, Inc., in the case of Lessee, and that these respective Boards have approved this lease and the execution thereof. In witness whereof, each party to this agreement has caused it to be executed on the date indicated below. Dated this day of, 2013 Carson Ross, Mayor

58 Exhibit A Attest: City of Blue Springs, Mo. City Clerk Attest: President Blue Springs School of Economics, Inc. Secretary Blue Springs School of Economics, Inc.

59 Council Meeting Date: 7/15/2013 Agenda Item # 3f Page 1 of 2 CITY OF BLUE SPRINGS CITY COUNCIL INFORMATION FORM DATE: July 9, 2013 SUBMITTED BY: Lindsey Winfrey DEPARTMENT: Tax/Revenue Collections Ordinance Resolution Presentation Public Hearing Agreement Discussion Rezoning Other ISSUE/REQUEST Approval of a new Liquor License for Mabin Enterprises Inc dba End Zone Wine & Spirits located at 1110 NW Woods Chapel Rd, Blue Springs, MO to sell intoxicating liquors in the original package (including Sundays) and Wine Tasting on premises. BACKGROUND/EXPLANATION The Managing Agent for Mabin Enterprises Inc dba End Zone Wine & Spirits is Lonnie Mabin located at Grand Ave, Kansas City, MO JUSTIFICATION This application is submitted in compliance with Chapter 600 of the Blue Springs City Code. FINANCIAL IMPACT Contractor: Amount of Request/Contract: Amount Budgeted: $ Funding Source/Account Number: Liquor License Revenue Additional Funds Needed: Funding Source/Account Number: Tax Impact/Analysis: Abatement/Incentives: Escrow: Estimated Start Date PROJECT TIMELINE Estimated End Date STAFF RECOMMENDATION

60 Council Meeting Date: 7/15/2013 Agenda Item # 3f Page 2 of 2 All documents have been submitted to the Tax/ Revenue Department. A background check has been approved by Wayne McCoy (Chief of Police) and the approvals from Norman Gurney (Codes Administrator) are on file in the Tax/ Revenue Department. Staff recommends approval by City Council. OTHER BOARDS & COMMISSIONS ASSIGNED Name of Board or Commission: Date: Action: LIST OF REFERENCE DOCUMENTS ON FILE WITH THE CITY 1. Personal Property Tax Receipt of Managing Agent, Certificate of Voter Registration for Managing Agent, Exterior photos of the premises to be used by Applicant, Drawing of the interior premises to be covered by this permit, Copy of the Current Lease, and a Photo of the Managing Agent are on file in the Tax/Revenue Department. 2. Application for a Business License is on file in the Tax/Revenue Department. IF CONTRACT REQUIRED: 1. E-Verify Affidavits Required? 2. Contract/Affidavits Executed? Requesting Director: PW/Engineering: REVIEWED BY Finance: Tina Dale, Revenue Collections Supervisor Legal: City Administrator: Other:

61 Council Meeting Date: 7/15/2013 Agenda Item # 3g Page 1 of 2 DATE: July 15, 2013 CITY OF BLUE SPRINGS CITY COUNCIL INFORMATION FORM SUBMITTED BY: Scott Allen_ DEPARTMENT: Community Development Ordinance Resolution Presentation Public Hearing Agreement Discussion Rezoning Other ISSUE/REQUEST Resolution granting approval to enter into a grant agreement with America s Community Bank for the Historic Building Restoration Program. BACKGROUND/EXPLANATION Historic Building Restoration Program (HBRP). This item is directly from public input on the CDBG program. This program would provide resources to help improve the aesthetic character of the City s Downtown buildings with a cumulative effect of revitalizing Main Street. This would be a matching grant program. As part of the Preserving America initiative by HUD, this is an activity that can be funded with CDBG Funds. The first project utilizing the HBRP is America s Community Bank. An amount of up to $100,000 of matching funds from CDBG Annual Action Plan was approved in August 2012 for the façade replacement on the Bank. The grant agreement details the responsibilities of the City and America s Community Bank during the restoration project JUSTIFICATION The Historic Building Restoration Program was approved in the CDBG Annual Action Plan and approved by the City Council on August 6 th, FINANCIAL IMPACT Contractor: Amount of Request/Contract: Amount Budgeted: $100,000 Funding Source/Account Number: Additional Funds Needed: Funding Source/Account Number: Tax Impact/Analysis: Abatement/Incentives: Escrow:

62 Council Meeting Date: 7/15/2013 Agenda Item # 3g Page 2 of 2 PROJECT TIMELINE Estimated Start Date Estimated End Date July 16, 2013 September 30, 2013 Staff recommends approval. STAFF RECOMMENDATION OTHER BOARDS & COMMISSIONS ASSIGNED Name of Board or Commission: City Council Date: August 6, 2012 Action: N/A LIST OF REFERENCE DOCUMENTS ATTACHED 1. Resolution with proposed Grant Agreement attached. IF CONTRACT REQUIRED: 1. E-Verify Affidavits Required? N/A 2. Contract/Affidavits Executed? No Requesting Director: Scott Allen, AICP, Community Development PW/Engineering: REVIEWED BY Finance: Legal: City Administrator: Other:

63 Introduced by Councilman Resolution No A RESOLUTION APPROVING A GRANT AGREEMENT BETWEEN AMERICA S COMMUNITY BANK AND THE CITY OF BLUE SPRINGS WHEREAS, the U.S. Department of Housing and Urban Development (HUD) has designated the City of Blue Springs as an entitlement city; and WHEREAS, the City Council and HUD approved and adopted the Annual Action Plan; and WHEREAS, the Historic Building Restoration Program was approved as part of the Annual Action Plan; and WHEREAS, HUD allocated $211,866 through its CDBG program to the City of Blue Springs, of which up to $100,000 may be expended on the Historic Building Restoration Program. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BLUE SPRINGS, MISSOURI, as follows: SECTION 1. The City Council hereby approves the execution of the grant agreement by the Mayor or the City Administrator between America s Community Bank and the City of Blue Springs to complete a façade improvement project as a part of the Historic Building Restoration Program. A copy of said agreement is attached hereto as Exhibit A and is incorporated herein. SECTION 2. This Resolution shall take effect and be in full force immediately upon its adoption by the City Council. PASSED by the City Council of the City of Blue Springs, Missouri, and approved by the Mayor of Blue Springs, this 15th day of July, ATTEST: Carson Ross, Mayor Kelli Seitz, Assistant City Clerk U:\RESOLUTION\2013 Resolutions\Downtown Facade grant agreement (rkm ).doc

64 Exhibit A GRANT PROGRAM AGREEMENT BETWEEN City of Blue Springs and America s Community Bank This agreement is made between the City of Blue Springs (hereinafter referred to as the City ) and America s Community Bank (herein after called the Grantee) for the façade improvement project described in this document and its attachments (herein called the Project). WHEREAS, the City allocated Community Development Block Grant (CDBG) funds to a façade improvement and rehabilitation grant program, which is CDBG-eligible activity; and WHEREAS, the City has awarded a grant to reimburse a portion of the costs of façade improvements to the property located at 1100 W. Main St., Blue Springs, MO 64015; Parcel Number: ; Legal Description: BLUE SPRINGS ORIGINAL TOWN, LOTS 1 & 2 BLK 14 & N 1/2 VAC ALLEY LY S & ADJ WHEREAS, the Grantee has agreed to perform the work to improve the facade of the above described property, NOW, THEREFORE, the City and Grantee do mutually agree to the following terms and conditions regarding the above mentioned property to be improved using CDBG funds through the Facade Grant Program: 1. SCOPE OF SERVICES The Grantee will complete the work and/or task described in the Project Overview that is attached hereto, marked as Attachment A, and incorporated herein by reference. A listing of detailed project tasks to be paid for with CDBG funds under this grant agreement is marked as Section C, and incorporated herein by reference. The City shall have the right to determine whether the work and/or task is completed satisfactorily and properly. 2. GRANTEE S OBLIGATIONS The Grantee warrants that he/she is the Owner of record of the above property or has written permission from the Owner to perform the proposed improvements. The effective date of this agreement will be the date the parties sign. Grantee agrees to complete work described in the attached Plans and Specifications within ONE HUNDRED EIGHTY (180) days after the effective date. In the event the Director of Community Development finds that the Grantee has prosecuted the work with reasonable diligence but, due to factors beyond its reasonable control, the Grantee is unable to complete the work within 180 days, the City Administrator is authorized to extend the time to complete the work. All façade improvements shall be consistent with zoning and building codes currently in effect for the City. The Grantee shall assure that any permit or review necessary under City

65 Exhibit A Ordinance shall be approved before the work on the façade improvement begins. The Grantee shall be responsible for the construction and management of the entire project. 3. BUDGET The City will reimburse to the Grantee the amount of 50% or $100,000.00, whichever is less, for eligible incurred costs and expenses for the Project according to the budget shown on the Attachment A. Only the work that is outlined in Section C will be eligible for reimbursement. It is understood that this agreement is funded with CDBG funds. The Grantee acknowledges and agrees that the funds must be used only for CDBG-eligible expenditures. 4. PAYMENT Disbursement of funds shall be made upon submittal of invoices for completed work. Invoices may be submitted after project completion or incrementally as work is completed. Invoices may be submitted up to twice monthly.. The work may be subject to inspections before funds are disbursed for reimbursement. All documentation for payment must be provided no later than six (6) months after the application has been approved or as stipulated in the request for an extension. Payment will be made to the Grantee by the City within four (4) weeks after City deems invoiced costs and documentation to be complete. Payment shall be made only to the Grantee. The Grantee s submission must include itemized invoices detailing the work completed and materials purchased, with proof that payments in full have been made to Contractors and vendors, if applicable. Grantee acknowledges, and agrees to inform its Contractor, that the City has no obligation to pay the Contractor for work performed for the Grantee under this Program. This agreement shall not be construed or deemed to be an agreement for the benefit of any third party or parties, and no third party shall have any claim or right of action hereunder for any cause whatsoever. 5. GENERAL CONDITIONS A. General Compliance. The Grantee agrees to comply with all applicable Federal, state and local laws, regulations, and policies, governing the funds provided under this agreement. B. Independent Contractor. Nothing contained in this agreement is intended to, or will be construed in any manner, as creating or establishing the relationship of employer/employee between the parties. The Grantee will at all times remain an independent contractor with respect to the services to be performed under this agreement. The City will be exempt from payment of all Unemployment Compensation, FICA, retirement, life and/or medical insurance and Workers Compensation Insurance, as the Grantee is an independent contractor. C. Hold Harmless. The Grantee will hold harmless, defend and indemnify the City from any and all claims, actions, suits, charges and judgments whatsoever that arise out of the

66 Exhibit A Grantee s performance or nonperformance of the services or subject matter called for in this agreement. D. Workers Compensation. The Grantee will provide Workers Compensation Insurance Coverage for all of its employees involved in the performance of this agreement. E. Contract with Contractor. Each contractor who is performing the work approved for this Project shall have a valid City of Blue Springs Business License. F. Labor Code/Prevailing Wage. Grantee acknowledges that improvements constructed with the proceeds of the grant constitute construction, alteration, demolition, installation, or repair work done in part out of public funds. To the extent that such laws apply, the Grantee shall comply with all requirements of applicable federal, state and local laws and regulations pertaining to labor standards and payment of prevailing wages (collectively, "Prevailing Wage Laws"). Prevailing Wage Laws do not apply to work not done under contract, including work done by individual recipient(s). When required to comply with Prevailing Wage Laws, Grantee shall (i) require its contractors and subcontractors to submit certified copies of payroll records to Grantee; (ii) maintain complete copies of such certified payroll records; and (iii) make such records available to City and its designees for inspection and copying during regular business hours. Grantee shall defend, indemnify and hold harmless the City and its officers, employees, volunteers, agents and representatives from and against any and all present and future claims, arising out of or in any way connected with Grantee s obligation to comply with all Prevailing Wage Laws, including all claims that may be made by contractors, subcontractors or other third party claimants. Funding Source Recognition. The Grantee will insure recognition of the roles of the City in providing services through this agreement.

67 Exhibit A G. Suspension or Termination. The City may suspend or terminate this agreement if the Grantee materially fails to comply with any terms of this agreement, which include (but are not limited to) the following: Failure to comply with any of the rules, regulations or provisions referred to herein, or such statues, regulations, guidelines, policies or directives as may become applicable at any time; Failure, for any reason, of the Grantee to fulfill in a timely and proper manner its obligations under this Agreement; or Submission by the Grantee to the City of reports that are incorrect or incomplete in any material respect. H. The contractor or workmen to do the work to be done pursuant to this Agreement will be selected pursuant to competitive bids. 6. ADMINISTRATIVE REQUIREMENTS A. Financial Management Accounting Standards. The Grantee agrees to adhere to the accounting principles and procedures required therein, utilize adequate internal controls, and maintain necessary source documentation for all costs incurred. B. Documentation and Record Keeping: The Grantee will maintain thorough records pertinent to the activities to be funded under this Agreement, including records adequate to document that the funds were expended on CDBG-eligible activities. C. Access to Records and Retention. All such records and all other records pertinent to this agreement and work undertaken under this agreement will be retained by the Grantee for a period of six years after the City s final audit of Project, unless a longer period is required to resolve audit findings or litigation. In such cases, the City will request a longer period of record retention. D. Audits and Inspections. All Grantee records with respect to any matters covered by this Agreement will be made available to the City and duly authorized officials of the state and federal government, at any time during normal business hours, as often as deemed necessary, to audit, examine, and make excerpts or transcripts of all relevant data. Any deficiencies noted in audit reports must be fully cleared by the Grantee within 30 days after receipt by the Grantee. Failure of the Grantee to comply with the above audit requirements will constitute a violation of this Agreement and may result in the withholding of future payments. E. Reporting. The Grantee, at such times and in such forms as the City may require, will furnish the City such periodic reports as it may request pertaining to the work or services undertaken pursuant to this agreement, the costs and obligations incurred or to be incurred in connection therewith, and any other matters covered by this agreement.

68 Exhibit A 7. SEVERABILITY If any provision of this agreement is held invalid, the remainder of the agreement will not be affected thereby and all other parts of this Agreement will nevertheless be in full force and effect. 8. PERFORMANCE WAIVER The City s failure to act with respect to a breach by the Grantee does not waive its right to act with respect to subsequent or similar breaches. The failure of the City to exercise or enforce any right or provision will not constitute a waiver of such right or provision. 9. ENTIRE AGREEMENT This document states the entire agreement between the City and the Grantee for the use of funds received under this agreement and it supersedes all prior communications and proposals, whether electronic, oral, or written between the City and the Grantee with respect to this agreement. IN WITNESS WHEREOF, the City and the Grantee have executed this agreement as of the date and year last written below. CITY OF BLUE SPRINGS GRANTEE By: Title: Date: By: Title: Date: Approved as to form: City Attorney

69 Exhibit A ATTACHMENT A PROJECT OVERVIEW Grantee: America s Community Bank Section A: Brief Description This project will improve the building façade located at 1100 W. Main St. in the City s T5 Downtown Zone. Section B: Goals/Expected Results/Products Budget Category Goals/Expected Results/Products Funding for this project will be $100,000 from CDBG funds. The project will return the façade of the building to its original form. ATTACHMENT A PROJECT ACTIVITIES TO BE REIMBURSED Grantee:America scommunitybank Section C: Project Schedule and Budget Budget Category Project Activities Schedule Budget Amount CDBG Façade Restoration ASAP $100,000

70 Exhibit A

71 CITY OF BLUE SPRINGS, MISSOURI CITY COUNCIL JULY 15, 2013 (PUDC ) EXHIBITS FOR PUBLIC HEARING REGARDING AN ORDINANCE APPROVING AN AMENDED ADAMS DAIRY LANDING PUD CONCEPT PLAN PLANNED UNIT DEVELOPMENT CONCEPT PLAN TO AMEND THE ADAMS DAIRY LANDING PUD CONCEPT PLAN BLUE SPRINGS DEVELOPMENT THREE, INC./ JEFF MCMAHON NE CORONADO DRIVE & ADAMS DAIRY PARKWAY EXHIBIT #1 City Council Information Form with attachments (staff report with attachments: Affidavit of Publication as advertised in Blue Springs Examiner June 22, 2013; Application with attachments; 185 ft. notification map; names/addresses of property owners within 185 ft. of site; copy of letter sent to property owners) Pudc Adams Dairy Landing PUD

72 Council Meeting Date: 7/15/2013 Agenda Item # 4 & 5 Page 1 of 3 DATE: July 15, 2013 CITY OF BLUE SPRINGS CITY COUNCIL INFORMATION FORM SUBMITTED BY: Scott Allen DEPARTMENT: Community Development Ordinance Resolution Presentation Public Hearing Agreement Discussion Rezoning Other ISSUE/REQUEST Approval of an Amended PUD Concept Plan (PUDC ) Request for approval of an Amended PUD Concept Plan for Adams Dairy Landing in order to change the uses defined in Area 2 from restaurant to retail and office uses. BACKGROUND/EXPLANATION The Adams Dairy Landing PUD Concept Plan was approved in September of 2007 by the City Council. The PUD Concept Plan shows Area 2 consisting of approximately 6.67 acres. The Concept Plan calls for 3 restaurants (presumably something other than fast food), 2 fast food restaurants and a car care facility totaling approximately 34,630 sq. ft. of floor area. This application is a requesting an amendment to the PUD Concept Plan for Area 2, Adams Dairy Landing. The reason the developer is proposing to amend the PUD Concept Plan at this time is to allow a multi-tenant retail building on Lot 3. However, the uses on Lots 2-5 in Area 2 are proposed to be changed from restaurant to retail. JUSTIFICATION Section A.8, PUD concept plan review criteria states: Applications for PUD Concept Plan approval shall be approved if the following criteria are met: a. The plan represents an improvement over what could have been accomplished through strict application of otherwise applicable base zoning district standards, based on the purpose and intent of this Development Code (as set out Section ); b. The PUD Concept Plan is in conformance with the PUD standards of Section and any standards required as a result of an overlay district; c. The existing or proposed utility services are adequate for the proposed development; d. The development is consistent with and implements the planning goals and objectives of the City, as contained in the Comprehensive Plan and other adopted policy resolutions; and e. The PUD Concept Plan is consistent with good general planning practice and the development will promote the general welfare of the City. All determinations have been made with the previous PUD Concept Plan approval. The significant change for this PUD Concept Plan is the uses defined in Area 2. As previously stated, the applicant is requesting that the restaurant uses be changed to retail and office uses.

73 Council Meeting Date: 7/15/2013 Agenda Item # 4 & 5 Page 2 of 3 Contractor: Amount of Request/Contract: Amount Budgeted: Funding Source/Account Number: Additional Funds Needed: Funding Source/Account Number: Tax Impact/Analysis: Abatement/Incentives: Escrow: Estimated Start Date FINANCIAL IMPACT PROJECT TIMELINE Estimated End Date STAFF RECOMMENDATION Staff recommends approval of the Amended PUD Concept with the following conditions: 1. Approval by the Planning Commission is based on the representations of any drawings presented as part of this application and does not waive any requirement or development standard contained in the UDC nor any condition required by the Planning Commission as part of this approval. 2. All conditions noted in the previously approved PUD Concept Plan for Adams Dairy Landing (PUDC ) and the PUD Final Plan for Area 2 (PUDF ) shall remain valid with this approval. 3. Staff recommends that the developer strategically review the parking area along the south property line, adjacent to NE Coronado Drive, and provide additional landscape islands and landscaping. 4. Seasonal outdoor sales, displays or storage shall be prohibited unless specifically approved by the Planning Commission or City Council. OTHER BOARDS & COMMISSIONS ASSIGNED Name of Board or Commission: Planning Commission Date: July 8, 2013 Action: The Planning Commission recommended approval of the proposed Amended PUD Concept Plan for Adams Dairy Landing subject to staff recommendations. VOTE: 9-Aye, 0-No

74 Council Meeting Date: 7/15/2013 Agenda Item # 4 & 5 Page 3 of 3 LIST OF REFERENCE DOCUMENTS ATTACHED 1. Site Location Map 2. Amended PUD Concept Plan for Adams Dairy Landing 3. Staff Report with attachments 4. Application with attachments IF CONTRACT REQUIRED: 1. E-Verify Affidavits Required? N/A 2. Contract/Affidavits Executed? N/A REVIEWED BY Requesting Director: Scott Allen, AICP Finance: Director, Community Development PW/Engineering: Legal: City Administrator: Other:

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101 Proposed by Planning Commission BILL NO Introduced by Councilman ORDINANCE NO. (PUDC ) AN ORDINANCE APPROVING AN AMENDED ADAMS DAIRY LANDING PUD CONCEPT PLAN WHEREAS, proper application having been made for a PUD Concept Plan for property hereinafter described; and WHEREAS, after review of the Amended Adams Dairy Landing PUD Concept Plan with respect to such issues as density, impacts on surrounding areas, and the adequacy of facilities and services, basic parameters are established for the development of the PUD project; and WHEREAS, in accordance with Title IV, Unified Development Code of the Municipal Code of the City of Blue Springs, Missouri, said application was referred to the Planning Commission for report and recommendation, subsequent to a public hearing held July 8, 2013, and thereafter a public hearing was held by the City Council July 15, 2013; and WHEREAS, in accordance with Title IV, Unified Development Code of the Municipal Code of the City of Blue Springs, Missouri, it was determined that the development was appropriate at the location herein described; and WHEREAS, the City of Blue Springs, Missouri, has regulated the development at this location by requiring that it be developed as a Planned Unit Development (PUD). NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BLUE SPRINGS, MISSOURI, as follows: SECTION 1. The following described tracts of real estate, designated Areas 1, 2 and 3 below, are hereby made and declared subject to the Adams Dairy Landing PUD Concept Plan approved herein or hereafter properly revised: Area 1: A tract of land in all that part of the Southeast Quarter and the Southwest Quarter of Section 29, the Northwest Quarter and Northeast Quarter Section 32, all in Township 49 North, Range 30 West of the Fifth Principal Meridian, and a Replat of all of "CORONADO PLAZA 2ND PLAT LOT 2", "JONS ADDITION", and "JONS ADDITION 6 THRU 9" all being subdivisions of land in Blue Springs, Jackson County, Missouri, being bounded and described as follows: Commencing at the Southeast corner of said Southwest Quarter of said Section 29; thence North 87 10'34" West along the South line of said Southwest Quarter, feet to a point on the East right of way line of Adams Dairy Parkway, as now established, said point also being the Point of ADLPUDC /15/13 1

102 Beginning of the subdivision of land to be herein described; thence North 31 51'47" West, along said Easterly right of way line, feet; thence North 02 32'28" East, continuing along said Easterly right of way line, feet; thence Northerly, continuing along said Easterly right of way line, on a curve to the right, tangent to the last described course, having a radius of feet, a central angle of 21 45'19", an arc length of feet; thence North 24 17'44" East, continuing along said Easterly right of way line, feet to the intersection of said Easterly right of way line and the South right of way line of NE. Coronado Drive, as now established; thence North 80 52'45" East, along said South right of way line, feet; thence South 65 42'16" East, continuing along said South right of way line, feet; thence Easterly, continuing along said South right of way line, on a curve to the left, tangent to the last described course, having a radius of feet, a central angle of 44 35'41" and an arc length of feet; thence North 69 42'03" East, continuing along said South right of way line, feet; thence Northeasterly, continuing along said South right of way line, on a curve to the right, tangent to the last described course, having a radius of feet, a central angle of 28 51'53" and an arc length of feet; thence South 81 26'04" East, continuing along said South right of way line, feet to the Northwest corner of, "ADAMS POINT 1ST PLAT", a subdivision of land in the City of Blue Springs, Jackson County, Missouri; thence South 02 25'36" West, along the West line of said "ADAMS POINT 1ST PLAT", feet to the Southwest corner of said "ADAMS POINT 1ST PLAT"; thence South 87 33'26" East, along the South line of said "ADAMS POINT 1ST PLAT", 2.29 feet; thence South 02 23'12" West, feet; thence North 87 07'23" West, 3.39 feet; thence Southwesterly, on a curve to the left, having an initial tangent bearing of South 76 02'15" West, a radius of feet, a central angle of 16 20'44" and an arc length of feet to a point of reverse curvature; thence Southwesterly, on a curve to the right, tangent to the last described curve, having a radius of feet, a central angle of 33 05'23" and an arc length of feet; thence North 87 13'06" West, feet; thence Westerly, on a curve to the right, tangent to the last described course, having a radius of feet, a central angle of 01 39'47" and an arc length of feet; thence North 85 33'19" West, feet; thence Westerly, on a curve to the left, tangent to the last described course, having a radius of feet, a central angle of 01 44'04" and arc length of feet; thence North 87 17'23" West, feet; thence Westerly, on a curve to the right, tangent to the last described course, having a radius of feet, a central angle of 12 02'03" and an arc length of feet; thence Westerly, on a curve to the left, having an initial tangent bearing of North 75 20'17" West, a radius of feet, a central angle of 05 08'17" and an arc length of feet; thence North 80 28'34" West, feet; thence Westerly on a curve to the right, tangent to the last described course, having a radius of feet, a central angle of 02 23'57" and an arc length of feet; thence North 78 04'37" West, feet; thence North 72 37'23" West, feet; thence Westerly, on a curve to the left, tangent to the last described course, having a radius of feet, a central angle of 01 27'41" and an arc length of feet to a point on said Easterly right of way line; thence North 23 40'10" West, feet to the Point of Beginning. Containing 2,574,725 square feet or acres more or less. ADLPUDC /15/13 2

103 Area 2: A tract of land in the Southwest Quarter of the Southeast Quarter of Section 29, Township 49 North, Range 30 West, in the City of Blue Springs, Jackson County, Missouri, being described as follows: Commencing at the Southeast corner of Lot 2, Adams Farm Business Services Complex - 1st Plat, a subdivision of land in the City of Blue Springs, Jackson County, Missouri; thence North 01 58'37" East, along the East line of said Lot 2, feet to the Point of Beginning of the tract of land to be herein described; thence continuing North 01 58'37" East, along said East line, feet to the Northeast corner of said Lot 2, said corner also being a point on the Southerly rightof-way line of Interstate Route 70, as now established; thence South 87 32'02" East (Deed-S87 31'45" E), along said Southerly right-of-way line, feet to a point feet South of Interstate Route 70 centerline station ; thence North 73 59'55" East (Deed-N 74 00'11" E), along said Southerly right-of-way line, feet to a point feet South of Interstate Route 70 centerline station ; thence South 81 26'04" East, continuing along said Southerly right-of-way line, feet; thence Westerly, along a curve to the left, having an initial tangent bearing of North 89 33'58" West with a radius of 1, feet, a central angle of 20 43'59" and an arc distance of feet; thence South 69 42'03" West, feet; thence Westerly, along a curve to the right, being tangent to the last described course, with a radius of feet, a central angle of 12 05'21" and an arc distance of feet; thence North 08 01'38" West, 3.50 feet; thence Westerly, along a curve to the right, having an initial tangent bearing of South 81 47'21" West, with a radius of feet, a central angle of 08 05'08" and an arc distance of feet to the Point of Beginning. Containing 290,153 square feet or 6.67 acres, more or less. Area 3: A tract of land in part of the Southwest Quarter of Section 29, Township 49 North, Range 30 West of the Fifth Principle Meridian, all of Lot 2 and part of Lots 1 and 3 of "BLUE SPRINGS PARK", a subdivision of land, all in the City of Blue Springs, Jackson County, Missouri, being described as follows: Commencing at the Southeast corner of said Southwest Quarter; thence North 01 58'37" East, along the East line of said Southwest Quarter, feet; thence North 88 01'23" West, feet to the intersection of the North right-of-way line of NE Coronado Drive, as now established and the West right-of-way line of Adams Dairy Parkway, as now established, said point being the Point of Beginning of the tract of land to be herein described; thence North 65 31'19" West, along said North right-of-way line, feet; thence Northwesterly, along said North right of way line, on a curve to the left, tangent to the last described course, have a radius of feet, a central angle of 07 57'11" and an arc length of feet to a point on the West line of the Northeast Quarter of said Southwest Quarter; thence North 01 47'26 East, along said West line, feet to a point on the Southerly right-of-way line of Interstate Route 70, as now established; thence South 88 35'30 East, along said Southerly right-of-way line, feet to a point on the West line of said "BLUE SPRINGS PARK"; thence South 87 07'30 East, along said Southerly right-of-way line, feet; thence South 54 57'42 East, along said Southerly right-of-way line feet; thence South 65 44'20" East, along said Southerly right-of-way line, feet; thence South 19 22'07" East, along said Southerly right-of-way line, feet to its intersection with the West right-of-way line of said Adams Dairy Parkway; thence South 24 28'35" West, along said West right-of-way line, feet; thence South 55 59'50" ADLPUDC /15/13 3

104 West, along said West right-of-way line, feet to the True Point of Beginning. Containing 254,738 square feet or 5.85 Acres more or less. SECTION 2. No land covered within the above described Planned Unit Development designation may be developed except in compliance with Amended Adams Dairy Landing PUD Concept Plan approved herein by the City of Blue Springs or hereinafter properly revised, and the requirements of the Amended Adams Dairy Landing PUD Concept Plan shall be the requirements of this Planned Unit Development and the Amended Adams Dairy Landing PUD Concept Plan shall be deemed to include the following conditions in addition to those contained in the UDC and in documents, materials and drawings submitted in the Amended Adams Dairy Landing PUD Concept Plan application and approved hereby: 1) Prior to PUD Final Plan or Final Plat approval, developer will determine and confirm all items that are to be required of the developer relative to road improvements by FHWA, MoDOT and City Engineering, i.e., the need for any additional right-of-way and the required roadway design standards. Also, the developer shall secure MoDOT's and the City s Public Works Department's approval of the traffic impact analysis and obtain written confirmation of the same. 2) Prior to the PUD Final Plan approval, a landscape plan complying with City ordinances, as they exist at that time, must be provided by the developer and approved by staff. 3) All future approvals must meet the City Codes adopted at the time of the submittal including, but not limited to, a permit renewal and/or extensions, the PUD Final Plan, and Building Permits 4) Prior to the Final Plat and PUD Final Plan approval, developer must demonstrate, to the satisfaction of the City, that water and sewer services are, or will be, provided prior to the issuance of a building permit for this commercial project 5) Prior to the PUD Final Plan being approved, a final storm water management plan that addresses water quality as well as a storm water controls will need to be approved 6) The PUD Final Plan shall clearly show pedestrian circulation throughout the development, and particularly within the large parking fields. 7) Architectural drawings will be required at the time of the PUD Final Plan. The architectural design is to be of high quality and shall be, at a minimum, equal to the conceptual design quality provided with this submittal. ADLPUDC /15/13 4

105 8) Prior to PUD Final Plan approval for any properties within the development area the final "Tenant Criteria Handbook" will need to be reviewed by staff and shall be approved by the Planning Commission along with the PUD Final Plan. 9) The parking lot landscaping should consider the size of the parking fields and, in the case of the larger fields, act to reduce the overall perception of size and number of spaces. 10) The developer should provide user amenities such as gathering spaces, public art, plazas, areas for outdoor seating and the like. 11) The final details of all open space shall be provided with the PUD Final Plan and shall be consistent with the approved PUD Concept Plan. 12) The signage as proposed is not approved. A separate application, as required by Chapter 501, Signs, is required in order for signage to be reviewed and evaluated 13) All conditions noted in the previously approved Adams Dairy Landing PUD Concept Plan (PUDC ) and the PUD Final Plan for Area 2 (PUDF ) shall remain binding as to development of the property herein described. 14) Additional landscape islands and landscaping shall be provided along the south property line adjacent to NE Coronado Drive. 15) Seasonal outdoor sales, displays or storage shall be prohibited unless specifically approved by the Planning Commission or City Council. SECTION 3. The base zoning district standards and any established Restricted Overlay District (R-O) and other applicable regulations of the Unified Development Code shall control development within the PUD unless deviations allowed in a PUD are approved as part of the Amended Adams Dairy Landing Concept Plan or Amended Adams Dairy Landing PUD Final Plan. SECTION 4. An Amended Adams Dairy Landing PUD Final Plan shall be submitted and approved prior to issuance of any new building permit for the Amended Adams Dairy Landing PUD Final Plan area contained within the Amended Adams Dairy Landing Concept Plan area. Approval of the PUD Final Plan shall only be granted if it is in substantial conformance with the approved Amended Adams Dairy Landing PUD Concept Plan and the established zoning. ADLPUDC /15/13 5

106 SECTION 5. This ordinance shall be in full force and effect from and after its passage and approval by the Mayor and City Council. PASSED by the Council of the City of Blue Springs, Missouri, and approved by the Mayor of Blue Springs, this 15th day of July, ATTEST: Carson Ross, Mayor Kelli Seitz, Assistant City Clerk 1st reading: 2nd reading: ADLPUDC /15/13 6

107 CITY OF BLUE SPRINGS, MISSOURI CITY COUNCIL JULY 15, 2013 (RZ ) EXHIBITS FOR PUBLIC HEARING REZONING PROPERTY FROM GENERAL BUSISNESS/RESTRICTED OVERLAY DISTRICT (GB/R-O) TO GENERAL BUSINESS/RESTRICTED OVERLAY DISTRICT (GB/R-O) REGULATED BY THE AMENDED ADAMS DAIRY ALANDING PUD CONCEPT PLAN BLUE SPRINGS DEVELOPMENT THREE, INC./JEFF MCMAHON NE CORONADO DRIVE & ADAMS DAIRY PARKWAY EXHIBIT #1 City Council Information Form with attachments (staff report with attachments: Affidavit of Publication as advertised in Blue Springs Examiner June 22, 2013; Application with attachments; 185 ft. notification map; names/addresses of property owners within 185 ft. of site; copy of letter sent to property owners) RZ ADAMS DIARY LANDING RZ

108 Council Meeting Date: 7/15/2013 Agenda Item # 6 & 7 Page 1 of 3 DATE: July 15, 2013 CITY OF BLUE SPRINGS CITY COUNCIL INFORMATION FORM SUBMITTED BY: Scott Allen DEPARTMENT: Community Development Ordinance Resolution Presentation Public Hearing Agreement Discussion Rezoning Other ISSUE/REQUEST Approval of Zoning Change for Adams Dairy Landing (RZ ) Request for approval to change the zoning for Adams Dairy Landing in order that the Restricted Overlay zoning is consistent with the Amended PUD Concept Plan. The zoning designation GB/R-O does not change. BACKGROUND/EXPLANATION Adams Dairy Landing is zoned General Business with a Restricted Overlay (GB/R-O). The Restricted Overlay zoning is tied to the Adams Dairy Landing PUD Concept Plan. If the Concept Plan has significant changes the Overlay Zoning district must also be amended in order to remain consistent with the PUD Plan. Because the applicant is requesting to amend the Adams Dairy Landing PUD Concept Plan for Area 2, the Restricted Overlay zoning must be changed to reference the amended PUD Concept Plan. JUSTIFICATION Regarding the zoning change, Section G., Review Criteria, states that In reviewing any application for an amendment to the official Zoning Map (zoning change), the Planning Commission and City Council shall review the proposed amendment in light of the Comprehensive Plan, the general requirements of this Development Code and the following considerations: 1. Whether or not the requested zoning change is justified by a change in conditions since the original ordinance was adopted or by an error in the original ordinance; 2. The precedents, and the possible effects of such precedents, that might result from approval or denial of the petition; 3. The ability of the City or other government agencies to provide any services, facilities or programs that might be required if the petition were approved; 4. The effect of approval on the condition or value of property in the City or in the vicinity; 5. The consistency of the application with adopted policies of the City; and 6. The zoning and land use recommended by the Comprehensive Plan.

109 Council Meeting Date: 7/15/2013 Agenda Item # 6 & 7 Page 2 of 3 Contractor: Amount of Request/Contract: Amount Budgeted: Funding Source/Account Number: Additional Funds Needed: Funding Source/Account Number: Tax Impact/Analysis: Abatement/Incentives: Escrow: Estimated Start Date FINANCIAL IMPACT PROJECT TIMELINE Estimated End Date STAFF RECOMMENDATION Staff recommends approval of the zoning change. OTHER BOARDS & COMMISSIONS ASSIGNED Name of Board or Commission: Planning Commission Date: July 8, 2013 Action: The Planning Commission recommended approval of the proposed Zoning change for Adams Dairy Landing. VOTE: 9-Aye, 0-No LIST OF REFERENCE DOCUMENTS ATTACHED 1. Site Location Map 2. Staff Report with attachments 3. Application with attachments IF CONTRACT REQUIRED: 1. E-Verify Affidavits Required? N/A 2. Contract/Affidavits Executed? N/A REVIEWED BY Requesting Director: Scott Allen, AICP Finance: Director, Community Development

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133 Proposed by Planning Commission BILL NO Introduced by Councilman (RZ ) (Adams Dairy Landing) ORDINANCE NO. AN ORDINANCE REZONING PROPERTY FROM GENERAL BUSINESS/RESTRICTED OVERLAY DISTRICT (GB/R-O) TO GENERAL BUSINESS/RESTRICTED OVERLAY DISTRICT (GB/R-O) REGULATED BY THE AMENDED ADAMS DAIRY LANDING PUD CONCEPT PLAN WHEREAS, proper application having been made for rezoning of property hereinafter described; and WHEREAS, in accordance with Title IV, Unified Development Code of the Municipal Code of the City of Blue Springs, Missouri, said application was referred to the Planning Commission for report and recommendation, subsequent to a public hearing held July 8, 2013, and thereafter a public hearing was held by the City Council on July 15, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BLUE SPRINGS, MISSOURI, as follows: SECTION 1: The following described tracts (Areas) of real estate are hereby rezoned from General Business/Restricted Overlay District (GB/R-O) to General Business/Restricted Overlay District (GB/R-O) regulated by this ordinance and by the Amended Adams Dairy Landing PUD Concept Plan: Area 1: A tract of land in all that part of the Southeast Quarter and the Southwest Quarter of Section 29, the Northwest Quarter and Northeast Quarter Section 32, all in Township 49 North, Range 30 West of the Fifth Principal Meridian, and a Replat of all of "CORONADO PLAZA 2ND PLAT LOT 2", "JONS ADDITION", and "JONS ADDITION 6 THRU 9" all being subdivisions of land in Blue Springs, Jackson County, Missouri, being bounded and described as follows: Commencing at the Southeast corner of said Southwest Quarter of said Section 29; thence North 87 10'34" West along the South line of said Southwest Quarter, feet to a point on the East right of way line of Adams Dairy Parkway, as now established, said point also being the Point of Beginning of the subdivision of land to be herein described; thence North 31 51'47" West, along said Easterly right of way line, feet; thence North 02 32'28" East, continuing along said Easterly right of way line, feet; thence Northerly, continuing along said Easterly right of way line, on a curve to the right, tangent to the last described course, having a radius of feet, a central angle of 21 45'19", an arc length of feet; thence North 24 17'44" East, continuing along said Easterly right of way line, feet to the intersection of said Easterly right of way line and the South right of way line of NE. Coronado Drive, as now established; thence North 80 52'45" East, ADL Rezoning 7/15/13 1

134 along said South right of way line, feet; thence South 65 42'16" East, continuing along said South right of way line, feet; thence Easterly, continuing along said South right of way line, on a curve to the left, tangent to the last described course, having a radius of feet, a central angle of 44 35'41" and an arc length of feet; thence North 69 42'03" East, continuing along said South right of way line, feet; thence Northeasterly, continuing along said South right of way line, on a curve to the right, tangent to the last described course, having a radius of feet, a central angle of 28 51'53" and an arc length of feet; thence South 81 26'04" East, continuing along said South right of way line, feet to the Northwest corner of, "ADAMS POINT 1ST PLAT", a subdivision of land in the City of Blue Springs, Jackson County, Missouri; thence South 02 25'36" West, along the West line of said "ADAMS POINT 1ST PLAT", feet to the Southwest corner of said "ADAMS POINT 1ST PLAT"; thence South 87 33'26" East, along the South line of said "ADAMS POINT 1ST PLAT", 2.29 feet; thence South 02 23'12" West, feet; thence North 87 07'23" West, 3.39 feet; thence Southwesterly, on a curve to the left, having an initial tangent bearing of South 76 02'15" West, a radius of feet, a central angle of 16 20'44" and an arc length of feet to a point of reverse curvature; thence Southwesterly, on a curve to the right, tangent to the last described curve, having a radius of feet, a central angle of 33 05'23" and an arc length of feet; thence North 87 13'06" West, feet; thence Westerly, on a curve to the right, tangent to the last described course, having a radius of feet, a central angle of 01 39'47" and an arc length of feet; thence North 85 33'19" West, feet; thence Westerly, on a curve to the left, tangent to the last described course, having a radius of feet, a central angle of 01 44'04" and arc length of feet; thence North 87 17'23" West, feet; thence Westerly, on a curve to the right, tangent to the last described course, having a radius of feet, a central angle of 12 02'03" and an arc length of feet; thence Westerly, on a curve to the left, having an initial tangent bearing of North 75 20'17" West, a radius of feet, a central angle of 05 08'17" and an arc length of feet; thence North 80 28'34" West, feet; thence Westerly on a curve to the right, tangent to the last described course, having a radius of feet, a central angle of 02 23'57" and an arc length of feet; thence North 78 04'37" West, feet; thence North 72 37'23" West, feet; thence Westerly, on a curve to the left, tangent to the last described course, having a radius of feet, a central angle of 01 27'41" and an arc length of feet to a point on said Easterly right of way line; thence North 23 40'10" West, feet to the Point of Beginning. Containing 2,574,725 square feet or acres more or less. Area 2: A tract of land in the Southwest Quarter of the Southeast Quarter of Section 29, Township 49 North, Range 30 West, in the City of Blue Springs, Jackson County, Missouri, being described as follows: Commencing at the Southeast corner of Lot 2, Adams Farm Business Services Complex - 1st Plat, a subdivision of land in the City of Blue Springs, Jackson County, Missouri; thence North 01 58'37" East, along the East line of said Lot 2, feet to the Point of Beginning of the tract of land to be herein described; thence continuing North 01 58'37" East, along said East line, feet to the Northeast corner of said Lot 2, said corner also being a point on the Southerly rightof-way line of Interstate Route 70, as now established; thence South 87 32'02" East ADL Rezoning 7/15/13 2

135 (Deed-S87 31'45" E), along said Southerly right-of-way line, feet to a point feet South of Interstate Route 70 centerline station ; thence North 73 59'55" East (Deed-N 74 00'11" E), along said Southerly right-of-way line, feet to a point feet South of Interstate Route 70 centerline station ; thence South 81 26'04" East, continuing along said Southerly right-of-way line, feet; thence Westerly, along a curve to the left, having an initial tangent bearing of North 89 33'58" West with a radius of 1, feet, a central angle of 20 43'59" and an arc distance of feet; thence South 69 42'03" West, feet; thence Westerly, along a curve to the right, being tangent to the last described course, with a radius of feet, a central angle of 12 05'21" and an arc distance of feet; thence North 08 01'38" West, 3.50 feet; thence Westerly, along a curve to the right, having an initial tangent bearing of South 81 47'21" West, with a radius of feet, a central angle of 08 05'08" and an arc distance of feet to the Point of Beginning. Containing 290,153 square feet or 6.67 acres, more or less. Area 3: A tract of land in part of the Southwest Quarter of Section 29, Township 49 North, Range 30 West of the Fifth Principle Meridian, all of Lot 2 and part of Lots 1 and 3 of "BLUE SPRINGS PARK", a subdivision of land, all in the City of Blue Springs, Jackson County, Missouri, being described as follows: Commencing at the Southeast corner of said Southwest Quarter; thence North 01 58'37" East, along the East line of said Southwest Quarter, feet; thence North 88 01'23" West, feet to the intersection of the North right-of-way line of NE Coronado Drive, as now established and the West right-of-way line of Adams Dairy Parkway, as now established, said point being the Point of Beginning of the tract of land to be herein described; thence North 65 31'19" West, along said North right-of-way line, feet; thence Northwesterly, along said North right of way line, on a curve to the left, tangent to the last described course, have a radius of feet, a central angle of 07 57'11" and an arc length of feet to a point on the West line of the Northeast Quarter of said Southwest Quarter; thence North 01 47'26 East, along said West line, feet to a point on the Southerly right-of-way line of Interstate Route 70, as now established; thence South 88 35'30 East, along said Southerly right-of-way line, feet to a point on the West line of said "BLUE SPRINGS PARK"; thence South 87 07'30 East, along said Southerly right-of-way line, feet; thence South 54 57'42 East, along said Southerly right-of-way line feet; thence South 65 44'20" East, along said Southerly right-of-way line, feet; thence South 19 22'07" East, along said Southerly right-of-way line, feet to its intersection with the West right-of-way line of said Adams Dairy Parkway; thence South 24 28'35" West, along said West right-of-way line, feet; thence South 55 59'50" West, along said West right-of-way line, feet to the True Point of Beginning. Containing 254,738 square feet or 5.85 Acres more or less. SECTION 2: The above described Restricted Overlay District shall be known as the Amended Adams Dairy Landing Restricted Overlay District (AADL-R-O District). No land within the above described tracts (Areas) of the above described Restricted Overlay District, zoned General Business/Restricted Overlay District (GB/R-O), shall be developed except in compliance with this Ordinance and the restrictions established herein for that Restricted Overlay District, and the aforementioned Amended Adams ADL Rezoning 7/15/13 3

136 Dairy Landing PUD Concept Plan (also referred to the approved PUD Concept Plan ), which restrictions shall be, and are established, as follows: A. Effect of Overlay District On Base District Regulations. The AADL-R-O District regulations apply in addition to the underlying (base) zoning district regulations to impose different development rules for properties within the Adams Dairy Parkway Corridor. In case of conflict between the AADL-R-O regulations of this Section and other regulations in the Unified Development Code (hereinafter referred to as the "UDC"), the AADL-R-O regulations of this Section shall control. Where no special AADL-R-O regulation is stated, the regulations of the underlying base zoning shall control. B. GB, General Business District. Properties located within the AADL-R-O District with the underlying zoning of "GB" shall comply with the GB District regulations of Section , as modified by the following: C. Definitions. This Section contains definitions of general terms, use types and terminology used throughout the text of this Narrative. The use definitions are mutually exclusive, which means that uses that are specifically defined shall not also be considered to be a part of a more general definition of a use type. If not specifically defined within the narrative, the use definitions as outlined within the development code shall prevail. BANK OR FINANCIAL INSTITUTION: Establishments engaged in deposit banking. Typical uses include commercial banks, savings institutions and credit unions. "Banks and Financial Institutions" also include automated teller machines. BANK OR FINANCIAL INSTITUTION DRIVE THROUGH: Establishments engaged in deposit banking which may include the necessary facilities to service customers in a motor vehicle. Typical uses include commercial banks, savings institutions and credit unions. "Banks and Financial Institutions" also include automated teller machines. CONVENIENCE STORE: Any retail establishment offering for sale a relatively limited selection of prepackaged food products, household items, and other related goods, characterized by a rapid turnover of customers and high traffic generation. Including but not limited to a single store of not more than 5,000 square feet of gross floor area, which offers for sale, primarily, most of the following articles: Bread, milk, cheese, canned and bottled foods and drinks, tobacco products, alcohol, candy, papers and magazines and general hardware articles, including the sale of gasoline or other fuels. RESTAURANT, GENERAL: A use where the principal business is the sale of food and beverages in a ready-to-consume state. ADL Rezoning 7/15/13 4

137 RESTAURANT, FAST-FOOD: A use primarily engaged in the sale of food and non-alcoholic beverages in a ready-to-consume state and where the design or principal method of operation is that of a fast-food or offering quick food service, where orders are generally not taken at the customer's table, and where food is generally served in disposable wrapping or containers. RESTAURANT, FAST-FOOD DRIVE THROUGH: A use primarily engaged in the sale of food and non-alcoholic beverages in a ready-toconsume state and where the design or principal method of operation is that of a fast-food or drive-in restaurant offering quick food service, where orders are generally not taken at the customer's table, where food is generally served in disposable wrapping or containers, and where food and beverages may be served directly to the customer in a motor vehicle. RETAIL SALES AND SERVICE DRIVE THROUGH: A use engaged in the sale or rental of goods and services where such goods and services may be served directly to the customer in a motor vehicle, excluding uses more specifically defined herein, also to exclude the serving of prepared foods as the primary function, but including prepared beverage services as a primary function (Example: coffee shop, pharmacy, dry cleaner, etc.). VEHICLE REPAIR, GENERAL: A use primarily engaged in painting of or body work to motor vehicles or heavy equipment. Typical uses include paint and body shops. VEHICLE REPAIR, LIMITED: A use providing automobile repair or maintenance services within completely enclosed buildings, but not including "General Vehicle Repair" services. D. Uses. Uses allowed as a Permitted or Conditional use within the GB base district shall be allowed within the GB/AADL-R-O District as a Permitted or Conditional use as modified by the following regulations. 1. Banks, or financial institutions, restaurants general, and retail sales and service shall be allowed as Permitted uses; 2. Banks or financial institution drive-through facilities shall be allowed as Permitted uses, however such use shall be limited to one facility or structure within AREA 1, and/or one facility or structure within AREA 2, and/or one facility or structure within AREA 3. Area designations are as shown on the approved PUD Concept Plan. ADL Rezoning 7/15/13 5

138 3. Restaurant, Fast-Food shall be allowed as a Permitted use. 4. Restaurant Fast-Food Drive Through shall be allowed as a Permitted use, however such use shall be limited to a maximum of 3 free standing facilities or structures within AREA 2, and 4 free standing facilities or structures within AREA 3. Area designations are as shown on the approved PUD Concept Plan. 5. Convenience Stores shall be allowed as a Conditional use, subject to the Conditional use review and approval procedures of Section , and further limited to one facility within AREA 3 only. Area designations are as shown on the approved PUD Concept Plan. If gasoline sales are to be had at the Convenience Store, Section W of the UDC shall also apply. 6. Hotel or motel shall be allowed as a Conditional use, subject to the Conditional use review and approval procedures of Section ; 7. Vehicle repair limited shall be allowed as a Permitted use, however such use shall be limited to AREA 2 only, and further restricted to Lot 5 of AREA 2. Area designations are as shown on the approved PUD Concept Plan. 8. Retail sales and service drive through shall be a Permitted use, however a drive through pharmacy use shall be limited to one facility or structure within AREA 1 or AREA 3. Area designations are as shown on the approved PUD Concept Plan. E. Property Development Standards. The following standards shall apply to development within the GB-R-O zoned area of the AADL-R-O District. These standards shall apply in addition to any other general standards of the regulations of this Development Code. In the event of conflict, the regulations set forth in this section shall apply and control: Parking Area Design 1. Off Street Parking and Loading. a. Off-Street Parking and Loading Area Design Standards. (i) Parking space dimensions. Required off-street parking spaces shall be designed in accordance with the standards shown in the table below: ADL Rezoning 7/15/13 6

139 Parking Angle Stalls Serviced by Aisle Traffic Flow Stall Width (A) (ft) Stall Length (B) (ft) 90 One or both sides One or two way * One side One way * Both sides One way * Both sides Two way * 24.0 * Stall lengths may be reduced to 17 when the parking space abuts a six (6) foot wide sidewalk, thereby allowing a two-foot overhang for the vehicle or when abutting a curbed open green/landscaped space. ** Compact parking spaces shall be of an 8.0 x 15.0 with a 24.0 aisle width. No overhang reductions are permitted in compact parking space depth. The total number of compact parking paces may not exceed five percent (5%) of the overall number of parking spaces per area. Area designations are as shown on the approved PUD Concept Plan. 2. Driveways and Roadway Access. a. Right Turn Lanes and Tapers. (i) Turn lanes and tapers shall be as set forth and outlined in the Traffic Impact Study for the Plaza at Adams Farm, prepared by Bucher, Willis, Ratliff Corporation dated January b. Driveway spacing Arterial Streets. (i) All driveways providing access to arterial streets shall be as set forth and outlined in the Traffic Impact Study for the Plaza at Adams Farm, prepared by Bucher, Willis, Ratliff Corporation dated January Zoning District Property Development Standards Measurements and Computations. a. Lot Width. There shall be no minimum lot width standard. b. Exterior Setbacks. (i) Adams Dairy Parkway. An exterior setback of at least 25 shall be provided between the right of way line for Adams Dairy Parkway and any building, paving area, or parking area developed on a lot adjoining said right of way. Said setback shall be reduced to 15 for a distance of 350 south from the intersection with Coronado Drive. The setback will be provided with a buffer identified as the Aisle Width (C) (ft) ADL Rezoning 7/15/13 7

140 Adams Dairy Parkway (ADP) Buffer as defined in Section C4a(iii) of this narrative. (ii) Coronado Drive. An exterior setback of at least 15 shall be provided between the right of way line for Coronado Drive and any building, paving area, or parking area developed on a lot adjoining said right of way. (iii)rd Mize Road. An exterior setback of at least 25 shall be provided between the right of way line for RD Mize Road and any building, paving area, or parking area developed on a lot adjoining said right of way. Acceptable encroachments shall be limited to retaining wall structures and drive isles as necessary to maintain adequate truck maneuverability and dock accessibility. In areas of the RD Mize Road encroachment, a buffer identified as the RD Mize Road encroachment buffer and defined in Section C4a(ii) of this narrative will be provided. c. Interior setbacks. No minimum interior setback shall be required. d. Height. No part of any structure shall penetrate an imaginary inclined plane that begins at the nearest boundary of an SF-7 or less intensive zoning district and extends upwards at a ratio of one (1) foot height to two (2) feet of horizontal distance. 4. Landscaping and Buffering. a. Right of Way and Transition Buffers. (i) Type B Buffers shall be provided along Coronado Road. BUFFER B Width (feet) Plant Units (per 100 feet of buffer length) Mix of Plant Material Shade, Ornamental and Evergreen Trees Shade, Ornamental and Evergreen Trees BUFFER B (ii) Type B Buffers shall be provided along RD Mize Road. In areas of setback encroachment as identified in subsection C3b(iii) Exterior Setbacks for RD Mize Road, an RD Mize Road Encroachment Buffer as outlined below shall be installed. ADL Rezoning 7/15/13 8

141 Width (feet) Plant Units (per 100 feet of buffer length) Mix of Plant Material Shade, Ornamental and Evergreen Trees Shade, Ornamental and Evergreen Trees RD MIZE ROAD ENCROACHMENT BUFFER Width (feet) Plant Units (per 100 feet of buffer length) Mix of Plant Material Shade (min 3 to 3 ½ ), Ornamental (2 to 2 ½ and Evergreen Trees (6 ) Shade, Ornamental and Evergreen Trees ADP BUFFER Width (feet) (iii) In areas of setback along Adams Dairy Parkway, an Adams Dairy Parkway Buffer as outlined below shall be installed. Plant Units (per 100 feet of buffer length) Mix of Plant Material Shade (min 3 to 3 ½ ), Ornamental (2 to 2 ½ and Evergreen Trees (6 ) Shade (min 3 to 3 ½ ), Ornamental (2 to 2 ½ and Evergreen Trees (6 ) 5. FAR (Floor Area Ratio) or Open Space. a. Within the GB-R-O zoned area of the AADL-R-O District, the floor area of all buildings as compared to lot area shall not exceed a FAR of 0.25:1 as defined in Chapter 411, Definitions. b. Within the GB-R-O zoned area of the AADL-R-O District, there shall be a minimum of forty percent (40%) of lot area, which shall remain as open space. In no case shall the open space requirement be reduced to less than twenty percent (20%) of the total lot area. In computing open space, parking lot islands, in addition to those things taken into account in UDC, shall be included as open space in the computation. ADL Rezoning 7/15/13 9

142 (i) Open Space Reduction. The City may allow a reduction in the open space requirements if: 1. The applicant demonstrates that comparable landscaping and buffering is provided as a result of: 6. Sidewalks. a. Providing more intensive landscaping, which increases the quality of open space (maximum reduction allowed five (5) percentage points); b. Incorporating public art into the development plan (maximum reduction allowed ten (10) percentage points); c. Incorporating into the development plan fountains or plazas for general public use (maximum reductions allowed ten (10) percentage points); d. Providing dedicated easements, access ways, or linear parks for general public use as part of a linked open space network in the corridor area (maximum reduction allowed fifteen (15) percentage points); 2. If the applicant has or will donate or sell land to the City for uses for which the City deems a reduction in open space is appropriate. a. Sidewalks. All public roads shall have a minimum five (5) foot sidewalk that is adjacent to the public road with the following exceptions: (i) Coronado Road, east of Adams Dairy Parkway shall have only one sidewalk located along the south right of way line and be 6 foot in width, with appropriate crosswalk and pedestrian accessibility to areas north of Coronado Road. (ii) Adams Dairy Parkway between Coronado and RD Mize Road shall have one sidewalk located along the east right of way line and be 6 foot in width. SECTION 3: The restrictions imposed through the Restricted Overlay (R-O) District (AADL-R-O) are considered part of the development code text for the City of Blue Springs and part of the Official Zoning Map. Said property shall be identified on the Zoning Map by adding the letters "R-O" to the base zoning district symbol. ADL Rezoning 7/15/13 10

143 SECTION 4: This ordinance shall be in full force and effect from and after its passage and approval by the Mayor and City Council. PASSED by the City Council of the City of Blue Springs, Missouri, and approved by the Mayor of Blue Springs, this 15 th day of July, ATTEST:... Carson Ross, Mayor... Kelli Seitz, Assistant City Clerk 1 st reading 2 nd reading ADL Rezoning 7/15/13 11

144 Council Meeting Date: 7/15/2013 Agenda Item # 8 Page 1 of 3 DATE: July 15, 2013 CITY OF BLUE SPRINGS CITY COUNCIL INFORMATION FORM SUBMITTED BY: Scott Allen DEPARTMENT: Community Development Ordinance Resolution Presentation Public Hearing Agreement Discussion Rezoning Other ISSUE/REQUEST Approval of an Amended Final Plat Request for approval of an Amended Final Plat - Adams Dairy Landing Second Plat, Lots 3A and 3B BACKGROUND/EXPLANATION The Preliminary and Final Plat for Area 2 of Adams Dairy Landing were approved in February of 2009 and April of 2009 respectively. The applicant is requesting approval of an Amended Final Plat in order to separate Lot 3 into two lots. Lot 3 consists of approximately 1.99 acres. The applicant is proposing one lot (3A) that will be approximately 1.01 acres and the other (Lot 3B) that will be approximately.98 acres. Lot 3A will have a multi-tenant retail building and Lot 3B will have a single tenant retail building. This request is for approval for an Amended Final Plat for Adams Dairy Landing, Second Plat, Lots 3A and 3B. JUSTIFICATION The developer has met the prerequisites for Plat approval. Contractor: Amount of Request/Contract: Amount Budgeted: Funding Source/Account Number: Additional Funds Needed: Funding Source/Account Number: Tax Impact/Analysis: Abatement/Incentives: Escrow: Estimated Start Date FINANCIAL IMPACT PROJECT TIMELINE Estimated End Date

145 Council Meeting Date: 7/15/2013 Agenda Item # 8 Page 2 of 3 STAFF RECOMMENDATION Staff recommends approval of the Final Plat for Lots 3A, 3B - Adams Dairy Landing, Second Plat with the following conditions: 1. The conditions provided for approval of the Preliminary and Final Plat for Area 2 of Adams Dairy Landing, File Nos., (PP ) and (PF ) shall remain in full force and be applicable to this approval where appropriate. 2. The Final Plat shall be recorded with Jackson County and all required documents must be returned to the Community Development Department once the Plat has been recorded. 3. The traffic signals at the mid-block along NE Coronado Drive at the main entrance to Adams Dairy Landing Areas 1 and 2 do not have pedestrian heads that would allow the foot traffic to cross Coronado Drive; these shall be installed prior to Final Occupancy. Also modifications to the signal needed in associated with the addition of the pedestrian heads shall be made as well. OTHER BOARDS & COMMISSIONS ASSIGNED Name of Board or Commission: Planning Commission Date: July 8, 2013 Action: The Planning Commission recommended approval of the proposed Amended Final Plat for Adams Dairy Landing Second Plat, Lots 3A and 3B, subject to staff recommendations. VOTE: 9-Aye, 0-No LIST OF REFERENCE DOCUMENTS ATTACHED 1. Site Location Map 2. Staff Report with attachments 3. Application with attachments IF CONTRACT REQUIRED: 1. E-Verify Affidavits Required? N/A 2. Contract/Affidavits Executed? N/A REVIEWED BY Requesting Director: Scott Allen, AICP Finance: Director, Community Development

146 Council Meeting Date: 7/15/2013 Agenda Item # 8 Page 3 of 3 PW/Engineering: Legal: City Administrator: Other:

147 Proposed by Planning Commission BILL NO Introduced by Councilman ORDINANCE NO. (PF ) AN ORDINANCE APPROVING AMENDED FINAL PLAT FOR ADAMS DAIRY LANDING- SECOND PLAT, LOTS 3A & 3B CITY OF BLUE SPRINGS, JACKSON COUNTY, MISSOURI BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BLUE SPRINGS, MISSOURI, as follows: SECTION 1. SECTION 2. The Amended final plat of Adams Dairy Landing- Second Plat, Lots 3A and 3B within the City of Blue Springs, Missouri, hereinbefore presented to the City Council and having been found to be in compliance with the Unified Development Code, its amendments, and other ordinances of the City of Blue Springs, is hereby approved. This ordinance shall be in full force and effect from and after its passage and approval. PASSED by the City Council of the City of Blue Springs, Missouri, and approved by the Mayor of Blue Springs, this 15 th day of July, ATTEST: Carson Ross, Mayor Kelli Seitz, Assistant City Clerk 1st reading 2nd reading Final Plat Adams Dairy Landing

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163 Council Meeting Date: 7/15/2013 Agenda Item # 10 Page 1 of 2 DATE: July 10, 2013 CITY OF BLUE SPRINGS CITY COUNCIL INFORMATION FORM SUBMITTED BY: Chris Sandie DEPARTMENT: Public Works Ordinance Resolution Presentation Public Hearing Agreement Discussion Rezoning Other ISSUE/REQUEST Discussion of possible expansion of water project for Tri-County Water Authority plant to add 6 MGD of water treatment. BACKGROUND/EXPLANATION The City purchases water from Kansas City, Independence and Tri-County Water Authority. Independence contract was renewed in April Due to Blue Springs having multiple water suppliers the new Kansas City contract has changes which include a 50% minimum take or pay increasing the amount from to 3.75 MGD. JUSTIFICATION To provide water to offset the new amounts in the Kansas City water contract and to allow for residential and industrial growth as well. Contractor: Amount of Request/Contract: Amount Budgeted: Funding Source/Account Number: Additional Funds Needed: Funding Source/Account Number: Tax Impact/Analysis: Abatement/Incentives: Escrow: FINANCIAL IMPACT N/A N/A N/A N/A N/A Estimated Start Date PROJECT TIMELINE Estimated End Date N/A Rev 03/01/2012

164 Council Meeting Date: 7/15/2013 Agenda Item # 10 Page 2 of 2 STAFF RECOMMENDATION OTHER BOARDS & COMMISSIONS ASSIGNED Name of Board or Commission: N/A Date: Action: LIST OF REFERENCE DOCUMENTS ATTACHED 1. Power Point Presentation IF CONTRACT REQUIRED: 1. E-Verify Affidavits Required? N/A 2. Contract/Affidavits Executed? N/A Requesting Director: Chris Sandie PW/Engineering: REVIEWED BY Finance: Legal: City Administrator: Other: Rev 03/01/2012

165 CIP Project WA 15

166 History 2004 Blue Springs considers options for added water Blue Springs explores options with Kansas City and Independence Water providers Blue Springs enters into a project with TCWA and the City of Grain Valley to install an 18 MGD transmission main from the water plant in Atherton to Tyer Road

167 History continued Water contracts with Kansas City and Independence set to expire in 2010 and 2013 respectively. Independence reaffirms with the same capacity 2.3 MGD and a 28% (.65 MGD) minimum take or pay clause. This contract was affirmed by the Blue Springs City Council at the April 01, 2013 meeting, Resolution

168 History continued Kansas City s model contract changes for Blue Springs because Blue Springs has multiple suppliers. Kansas City presents their offer to include a 50% percent minimum take or pay increasing the amount from to 3.75 MGD. Blue Springs looks for a better option to control costs.

169 2011 Capacity and Rates Supplier Maximum MGD Minimum MGD Take or Pay Rate / 1,000 Gallons Kansas City $2.54 Independence $1.48 Tri County 2 0 $1.64 Total 10.8 Winter Usage Average MGD Kansas City Independence Tri County Total $1.24Avg. Rate paid

170 Current Rates Per 1,000 Gallons

171 Current Distribution

172 Considered Options Kansas City Independence Tri County Water Authority

173 Tri County Options 2 MGD MGD MGD 2013

174 Distribution: Kansas City

175 Tri County Recommendation During the July presentation Dr. De Grate III presented staff s recommendation to move toward making Tri County Water Authority the major supplier for Blue Springs. The projected cost given was $13M.

176 Tri County Amendment During the summer of 2012 staff also negotiated a contingency measure to ensure Blue Springs would have adequate water supplies during the transition.

177 Current Rates and Limits Price per 1,000 Gal. Maximum MGD Minimum MGD Kansas City * $ Independence $ Tri County $ Tri County Amend** $ * Temporary continuation without new contract **Tri County Amend amount is available if needed but not required as take or pay

178 Tri County Water Authority In April 2013 a ballot measure was affirmed by an overwhelming majority to allow the City of Blue Springs to enter into a direct contract with TCWA.

179 CIP Revisions The 2012 WA 15 project was listed as a $7M dollar project to support the original estimate of 2 MGD. Staff continued to look at varied ways to maximize benefit to customers for additional supply and more stable water costs. The 2013 figure is now $21M for 6 MGD.

180 Winter Low Flow Period 2013 to Date Winter Usage Average MGD Current Rate Avg. X Rate Kansas City $2.91 $5.63 Independence 1.7 $1.60 $2.81 Tri County 0.7 $1.86 $1.23 Total $2.12 $2.26 New Kansas City Contract Equals + 19% Winter Usage Average MGD Price Actual Kansas City 3.75 $2.91 $10.91 Independence 0.65 $1.60 $1.04 Tri County 0.2 $1.86 $0.37 Total 4.6 $2.12 $2.68

181 Distribution: TriCounty