NovusAGENDA

Smyrna Georgia


INVOCATION		Reverend Duane Stephens, 1st Presbyterian Church

THE PLEDGE OF ALLEGIANCE

ROLL CALL

UNFINISHED BUSINESS

	PRESENTATION	Missouri Municipal League Innovation Award for Neighborhood Code Compliance Program to the Health Department Presented
	PRESENTATION	National Association of County and City Health Officials recognition of Independence Health Department for Emergency Services Committee (Model Practice) and Neighborhood Code Compliance (Promising Practice) Presented

	PROCLAMATION	Family Day - September 22, 2008 Read & Presented

	PUBLIC HEARING	City, Rezoning, R-4 & C-2 to R-1b, at Maple, Truman, Union and Pleasant, Case #08-100-09 (Bill No. 08-172) Conducted & Closed

	PUBLIC HEARING	Patricia Brown, Rezoning, R-1b to C-P-1, Case #08-100-11 (Bill No. 08-173) Conducted & Closed

	PUBLIC HEARING	Titlemax, Rezoning, C-2 to C-2-SU, Case #08-200-10 (Bill No. 08-174) Conducted & Closed

	PUBLIC HEARING	Site Enhancement Services, Rezoning, Case #08-100-12 (Bill No. 08-180) Conducted & Closed

	PUBLIC HEARING	Voluntary Annexation south of Truman Road and east of Windy Point Subdivision, Case #08-125-05 (Bill No. 08-181) Conducted & Closed

	PUBLIC HEARING	John & Cheryl Ellis, Rezoning, A-1 to A-1-PUD, Case #08-125-05 (Bill No. 08-182) Conducted & Closed

CONSENT AGENDA
	Reports and Recommendations of the City Manager
	1.	Approval is recommended to issue a purchase order to Drake Skruggs Equipment in the amount of $75,942 for one hydraulic aerial platform and body for the Power & Light Department. Approved

	2.	Approval is recommended to issue a purchase order to M&M Engineering Associates, Inc., in the amount of $67,750.00 for survey and non-destructive examination (NDE) of the Blue Valley Units 1, 2 and 3 steam piping for the Power & Light Department. Approved

	3.	Approval is requested to issue a purchase order to Open Systems International (OSI) in the amount of $30,595.75 for patch management, testing and integration of hardware and software upgrades for the Supervisory Control and Data Acquisition/Energy Management System (SCADA/EMS) for the Power & Light Department. Approved

	4.	Approval is recommended to execute a modification to Price Agreement 335-08 with Areva T&D for the supply of up to three 69KV power circuit breakers to Independence Power & Light for a period of one year, with options to renew for four, additional one-year periods. Approved

	5.	Approval is recommended to issue a purchase order to Trench Limited in the amount of $55,830.00 for six 161-kV Capacitor Voltage Transformers (CVTs). Approved

	6.	Approval is recommended to enter into a price agreement (270-08) with Janeen Aggen for Public Relations Services for the Tourism Department, for the period of October 1, 2008, through September 30, 2009, with two, one-year renewal options. Expenditures will not exceed budgeted amounts. Approved


	Resolutions:
		08-737 - A resolution approving a Preliminary Plat of Freedom Landing, a 15-lot mixed use subdivision located north of R. D. Mize Road between Necessary Road and the future Little Blue Parkway, Case No. 08-310-03. Deferred to 8/18/08 Meeting from 7/7/08 Meeting. Applicant requested a delay to 9/15/08. Applicant has requested this resolution and the residential portion of the rezoning ordinance be returned to the Planning Commission. Returned to Planning Commission


ORDINANCES
		08-104 - 2R. An ordinance approving a Zoning Map Amendment by changing the zoning classification from R-1b and R-1b-SU to R-3-PUD, CR-P-1, and C-P-2 and approving a Preliminary Development Plan for the property generally located northwest and west of Necessary Road and south and east of the future Little Blue Parkway. Case No. 08-125-01, Freedom Landing. Delayed from 6/16/08 Meeting. A Legal Protest has been submitted. Deferred to 8/18/08 from 7/7/08. Applicant requested a delay to September 15. Applicant has requested the residential portion to be returned to Planning Commission. If desired, a substitute 1st Reading ordinance has been prepared. Returned to Planning Commission

		08-159 - 2R. An ordinance repealing Ordinance No. 17074, passed on July 7^th, 2008, and enacting a new ordinance to allow for revisions to twelve (12) legal descriptions for acquisition relating to the Sinnott Circle Sanitary Sewer Improvements, Project No. 70300701. Ord. #17124

		08-160 - 2R. An ordinance authorizing the City Manager to execute Agreements with sub-recipient agencies to provide services utilizing Community Development Block Grant (CDBG) funds as specified in Ordinance No. 17009 for Program Year 34 (FY 2008-2009) for reimbursement to them of monies available through the U.S. Department of Housing and Urban Development for services to low/moderate income persons, and authorizing the City Manager to sign certain limited change orders. Ord. #17125

		08-161 - 2R. Approval is requested to award the bid for the City's Group Life Insurance, and Long-Term Disability (LTD) programs to Hartford Life Insurance Company, effective January 1, 2009, with an estimated annual premium of $260,862.62, with five additional one-year renewal periods. Ord. #17126

		08-162 - 2R. An ordinance authorizing the City Manager to sign a contract with Advanced Protective Coatings, Inc., to paint the interior and exterior of Settling Basin No. 2 at the Courtney Bend Water Plant for the full sum of $352,696.00 and authorizing the City Manager to approve time extension change orders and future minor change orders in a total amount not to exceed $17,635.00 and to appropriate $170,331.00 from the Water Fund’s Unreserved Net Assets. Ord. #17127

		08-163 - 2R. An ordinance authorizing the City Manager to sign a contract with Enterprise Electrical Service, Inc., to provide and install two variable frequency drive units at the Courtney Bend Water Plant for the full sum of $45,455.00 and authorizing the City Manager to approve time extension change orders and future minor change orders in a total amount not to exceed $4,546.00. Ord. #17128

		08-164 - 2R. An ordinance authorizing the City Manager to sign a one-year $150,000 Weed and Seed grant award from the U.S. Department of Justice, Community Capacity Development Office, authorizing the City Manager to sign certain future change orders for additional funding or time extensions, and authorizing necessary appropriations. Ord. #17129

		08-165 - 2R. An ordinance approving a Zoning Map Amendment by changing the zoning classification from M-1 (Industrial) and C-P-2 (Planned General Commercial) to C-2-PUD (Planned General Commercial-PUD) and approving a Preliminary Development Plan, for the property located east of S. Weatherford Avenue, west of S. Noland Road between E. 31st Street and E. 33rd Street. Case No. 08-125-04, Cargo Largo Ord. #17130

		08-166 - 2R. An ordinance approving a Zoning Map Amendment by changing the zoning classification from C-2 (General Commercial) and C-P-2 (Planned General Commercial) to C-P-2-SU (Planned General Commercial with a Special Use Permit for used car sales) for the property located at the southeast corner of E. Gudgell Avenue and east of S. Noland Road. Case No. 08-200-09, Alliance Automotive Ord. #17131

		08-167 - 2R. An ordinance approving a Zoning Map Amendment by changing the zoning classification from R-2-SU (Two-Family Residential with a Special Use Permit for a mobile home park) to M-P-1 (Planned Industrial) for the property located at the northwest corner of Wilson Road and Kentucky Avenue. Case No. 08-100-10, Wicklin Trucking Ord. #17132

		08-168 - 2R. An ordinance approving the petition for and establishing the Trinity Woods Community Improvement District (CID) for the purpose of collecting assessments, maintenance of common areas, maintenance of public improvements, to promote and produce tourism within the District, to provide for the administration of the District, and authorizing other actions related to the District. Ord. #17133

		08-169 - 2R. An Ordinance authorizing the City Manager to sign a contract with Burns & McDonnell for the engineering design of the 26th/Glendale/Windsor Storm Drainage Improvement project in the amount of $205,000, and authorizing the City Manager to approve minor change orders not to exceed $20,500 and time extensions. Ord. #17134

		08-170 - 2R. An ordinance amending the City's Personnel Policies and Procedures Manual by amending Section D of Article VI to create Special Circumstances Leave. Staff recommends delaying this second reading until the Personnel Board has met and reported to the Council regarding this subject. Deferred until after Personnel Board meets


******* FIRST READINGS ********

		08-171 - 1R. An Ordinance amending Section 2 of Ordinance No. 16373, passed on June 19, 2006 , to allow for revision of one (1) legal description relating to the Round Grove – 35th Terrace to Home Sanitary & Storm Sewer Improvements, Project No. 70130403 & Project No. 70300501. 1st R.

		08-172 - 1R. An ordinance approving a Zoning Map Amendment by changing the zoning classification from R-4 (High-Density Residential) and C-2 (General Commercial) to R-1b (Single-Family Residential) for the property located north of W. Maple Avenue, south of Truman Road, east of N. Union Street and west of North Pleasant. Case No. 08-100-09, City 1st R.

		08-173 - 1R. An ordinance approving a Zoning Map Amendment by changing the zoning classification from R-1b (Single-Family Residential) to C-P-1 (Planned Neighborhood Commercial) for the property located north of E. Nettleton Avenue and east of N. Dodgion Avenue. Case No. 08-100-11, Patricia Brown 1st R.

		08-174 - 1R. An ordinance approving a Zoning Map Amendment by changing the zoning classification from C-2 (General Commercial) to C-2-SU (General Commercial with a Special Use Permit for a short term loan service) for the property located north of Hub Drive S., south of Gudgell Road and west of M-291 Highway Frontage. Case No. 08-200-10, Titlemax 1st R.

		08-175 - 1R. An ordinance authorizing the City Manager to execute an agreement with the Missouri Division of Family Services for participation in the Low Income Home Energy Assistance Program during the fiscal year 2008-2009. 1st R.

		08-176 - 1R. An ordinance authorizing the City Manager to sign a contract with the firm of House and Renner Construction, Inc., for Fire Stations 6, 8, 9 & 10 Remodeling for the sum of $205,500.00; with provisions for future minor change orders in the amount of $20,550.00 or for time extensions as appropriate. 1st R.

		08-177 - 1R. An ordinance amending Sections 1.40.001, 1.40.002 and 1.40.004 of Article 40 of Chapter 1 of the City Code to clarify membership, required quorum, and responsibilities of the Tourism Advisory Board. 1st R.

		08-178 - 1R. An ordinance authorizing the City Manager to sign a contract with the firm of Broadway Electrical Construction Inc. to provide and install the transformer addition at the Courtney Bend Water Plant for the full sum of $230,878.00 and authorizing the City Manager to approve time extension change orders and future minor change orders in a total amount not to exceed $23,088.00 and to appropriate $26,377.00 from the water fund’s unreserved net assets. 1st R.

		08-179 - 1R. An ordinance authorizing the City Manager execute a contract with The Wilson Group for renovations to the public restrooms in the Power & Light Service Center for an amount not to exceed $46,580.00; and to approve administrative change orders for an amount not to exceed $4,658.00 and/or time extensions as deemed appropriate. 1st R.

		08-180 - 1R. An ordinance rezoning 30 +/- acres of land from C-2 (General Commercial) to C-2 (General Commercial - Special Character District Overlay) and approving a Master Sign Plan for the property generally located south of E. 39th Street, east of M-291 Highway and north of I-70. Case#08-100-12, Site Enhancement Services 1st R.

		08-181 - 1R. An emergency ordinance annexing a “contiguous and compact” 8.94 acre area of land, located generally south of E. Truman Road (State Route FF) and east of S. M-7 Highway in unincorporated Jackson County, Missouri into the corporate limits of the City of Independence, Missouri and authorizing and directing the City Clerk to do those things necessary to accomplish said action. Case#08-125-05-A, Witte Ord. #17135

		08-182 - 1R. An emergency ordinance approving the rezoning of a tract of land from A-1 (Agricultural) and another portion zoned A (Agricultural), in unincorporated Jackson County, to A-1-PUD (Agricultural/Planned Unit Development), approving an amendment to the Comprehensive Plan creating an area of Estate Density Residential and approving a Preliminary Development Plan for the area located south of E. Truman Road and east of S. M-7 Highway. Case#08-125-05, Ellis Ord. #17136

		08-183 - 1R. An ordinance authorizing the City Manager to execute four individual Missouri Homeless Challenge Program Amendment No. 3 Contract Agreements for 2008/2009 with the Missouri Department of Social Services totaling $33,836.75 to subsidize the operation of Comprehensive Mental Health, Salvation Army Crossroads, Hope House, and Mother’s Refuge and authorizing the City Manager to execute individual sub-agreements with the above named agencies to provide reimbursement. 1st R.

		08-184 - 1R. An ordinance authorizing the moratorium of two months of premiums from the Staywell Health Care Fund to the Members and the various operating funds of the City each of which made the premium payments, authorizing the conversion of up to ten hours of Personal Business Leave to Compensation, and making the necessary Appropriations. 1st R.

		08-185 - 1R. An ordinance approving the Second Amendment to the Recovery Sales Tax Increment Financing Plan and the amending the Redevelopment Agreement with Recovery Management Corporation for this Tax Increment Financing Project. Removed from Agenda at Staff Request

		08-186 - 1R. An emergency ordinance approving Amendment No. 3 to the Agreement with J.E. Dunn Construction Company for construction of the Independence Multi-Purpose Events Center, authorizing the City Manager to authorize change orders to Amendment No. 3 in an amount not to exceed 10 percent, establishing a guaranteed maximum price for the project, and increasing appropriations for the project. Ord. #17137

		08-555 - An emergency ordinance authorizing the City Manager to sign a DWI Enforcement Grant from the Missouri Department of Transportation, Highway Safety Division, in the amount of $125,000.00, authorizing the City Manager to sign certain future change orders, and authorizing any necessary appropriations and increased revenue estimates to the Police Department’s Operating Budget. Ord. #17138

		08-556 - An emergency ordinance authorizing the City Manager to sign a contract from the Missouri Department of Transportation, Highway Safety Division, for an Aggressive Driving Enforcement Project on I-70 in the amount of $35,000.00, authorizing the City Manager to sign certain future change orders, and authorizing any necessary appropriations to the Police Department’s Operating Budget. Ord. #17139

		08-557 - An emergency ordinance authorizing the City Manager to accept a contract from the Missouri Department of Transportation, Highway Safety Division, for a Hazardous Moving Violation Project in the amount of $132,000.00, authorizing the City Manager to sign certain future change orders, and authorizing any necessary appropriations and increased revenue estimates to the Police Department’s Operating Budget. Ord. #17140

		08-558 - An emergency ordinance authorizing the City Manager to sign a Sobriety Checkpoint grant from the Missouri Department of Transportation, Highway Safety Division, in the amount of $45,000.00; authorizing the City Manager to sign future change orders; and authorizing any necessary future appropriations to the Police Department’s Operating Budget. Ord. #17141

		08-559 - An emergency ordinance approving the Final Plat of Evanston Park Replat, A Replat of Lot 9, Block 5, a subdivision located west of S. Glenwood Avenue and east of S. Brookside Avenue. Case No. 08-320-20 Ord. #17142

		08-560 - An emergency ordinance providing for payment of the awards of the condemnation commissioners in the total amount of $147,000.00, in the condemnation matter of City of Independence vs. Kidwell Enterprises Limited Liability Partnership, L.L.P., et al., Case No. 0816-CV18708, and providing for payment of the condemnation commissioners’ compensation in the total sum of $8,392.50 and court costs not to exceed $3,000.00. Ord. #17143

		08-561 - An Emergency Ordinance entering into an agreement with the Missouri Development Finance Board to finance and issue obligations in an estimated amount of $23,525,000 for the partial cost of constructing a Multipurpose Events Center. Removed from Agenda at Staff Request

INFORMATION ONLY:
	1.	The Council is expected to convene in an Executive Session at 5:15 pm, prior to the Council Meeting on September 15, 2008, in Conference Room A on matters of litigation. Litigation

	2.	Emergency Purchase Order 126911 was issued to Mobile Hydraulic Equipment Company, in the amount of $37,017, for a new HIPPO 4532 Multi-Power Pack on Vehicle 9 at the Water Department. Reported


CITIZEN REQUESTS
	1.	Barbara Darr has requested to speak to the Council regarding Metro bus changes. Spoke

	2.	Charles Wise requests to speak to Council regarding keeping buses running in Independence. Spoke

	3.	David Schwensen has requested to speak to the Council regarding the recent transit system meetings. Spoke

	4.	Erin Burroughs has requested to speak to the Council regarding proposed transit cuts. Spoke

	5.	Mike Leatherwood has requested to speak to the Council regarding the Metro bus changes. Spoke

	6.	Sheryl Frank has requested to speak to the Council regarding the Metro bus changes. Spoke

	7.	Thomas Jones has requested to speak to the Council regarding the Metro bus changes. Spoke

	8.	Tony Williamson has requested to speak to the Council regarding the City bus route changes. Spoke

	9.	Vicki Campbell has requested to speak to the Council regarding the Metro bus changes. Spoke

	10.	Yvette Lee requests to speak to Council regarding the importance of continuing bus transportation in Independence for the tenants of Pleasant Heights. Spoke

	11.	Terry Smith requests to speak to Council regarding Metro buses. Not Present

	12.	Mary Cadwallader requests to speak to Council regarding bus transportation in Independence. Spoke


COUNCILMEMBER COMMENTS

ADJOURNMENT

"Is It Good For The Children?"