Smyrna Georgia
INVOCATION Rev. Greg Savage, Community of Christ Church.

THE PLEDGE OF ALLEGIANCE

ROLL CALL

UNFINISHED BUSINESS



PUBLIC HEARING

Albonee Country Inn and Vineyard, application for a Retailer of Missouri Wine by the Drink License, located at 2200 S. Crenshaw Road. With residentially zoned property within 300 feet of the proposed premises, approval of this application will require a two-thirds Council approval. Full public hearing.



PUBLIC HEARING

City Rezoning, Winner Road; Case No. 09-100-10 (continued from Nov. 16 meeting) - Bill No. 09-205] This rezoning application requires a two-thirds majority vote for approval due to a valid protest having been submitted by property owners. - New Evidence Only



PUBLIC HEARING

City - Rezoning, Case No. 09-100-11 [Bill No. 09-208] - New Evidence Only



PUBLIC HEARING

William Kidwell - Vacation of portion of cul-de-sac, Case No. 09-700-04
[Bill No. 09-200] - New Evidence Only



PUBLIC HEARING

M & I Interprises, dba 24 Highway Thriftway, application to upgrade its current license from a Malt Liquor and Light Wine in the Original Package License and Sunday Sales License, to a Retailer of Intoxicating Liquor in the Original Package License and a Sunday Sales License, located at 1000 W. US 24 Highway. With residentially zoned property within 300 feet of the proposed premises, approval of this application will require a two-thirds Council approval. Full public hearing.




CONSENT AGENDA
Reports and Recommendations of the City Manager
1.

Approval is requested on the application of Albonee’ Country Inn & Vineyards, LLC for a Missouri Wine by the Drink for the Albonee’ Country Inn & Vineyards located at 2200 S. Crenshaw Road.  This license application requires a two-thirds majority vote for approval due to residential property being located within three hundred (300) feet of the establishment.


Approved


2.

Approval is recommended to issue Change Order 1 to PO 129745 to Invensys Foxboro Corporation, adding $33,874.89 for the replacement of additional components of the Distributed Control System (“DCS”) that controls the critical operations of the Blue Valley Power Plant. This change order will bring the total amount of the purchase order to $432,619.89.



3.

Approval is recommended to issue a purchase order to Shoppa's Mid America, LLC, in the amount of $28,356, for a Toyota electric forklift for Water Pollution Control, Sewer Maintenance Division



4.

Approval is recommended to issue a purchase order to DH Pace, in the amount of $31,394, for a video surveillance system for the Independence Events Center.


Approved


5.

Approval is recquested to renew the City’s general liability, employment practice liability, medical malpractice liability, employee benefits liability, public official liability, law enforcement liability, garage keepers liability and automobile liability insurance coverage with Missouri Public Entity Risk Management Fund effective January 1, 2010, with an estimated annual premium of $423,889.


Approved


6.

Approval is requested on the application of M & I Enterprises to upgrade to a Retailer of Intoxicating Liquor in the Original Package License and Sunday Sales License for 24 Highway Thriftway located at 1000 W. US 24 Highway. This upgrade application requires a two-thirds majority vote for approval due to residential property being located within three hundred (300) feet of the establishment.


Approved


7.

Approval is recommended to issue a purchase order, in the amount of $200,064.15, to HD Supply for pipeline materials for the Little Blue Parkway Project.



8.

Approval is recommended to issue a purchase order to Leath & Sons, Inc., in the amount of $52,456 for renovations at the Kentucky 1 Pump Station for the Water Pollution Control Department.


Approved


9.

Approval is recommended to renew the City’s excess liability insurance program through Lockton Companies, with coverage provided by OneBeacon Insurance Company, effective January 1, 2010, with an annual premium of $142,282.


Approved


10.

Approval is requested to renew the reinsurance program for the Stay Well Health Care Plan through Lockton Companies, with coverage provided by Sun Life Insurance Company from January 1, 2010 through December 31, 2010, with an estimated 12-month premium of $665,712.


Approved


11.

Approval is recommended to enter into a price agreement (195-09) for street cut repairs with D & S Callahan Construction, for the period of January 1, 2010, through November 30, 2010. Expenditures will not exceed budgeted amount.




Resolutions:

09-771 - A resolution reappointing James Cantwell, Lorie Perdieu and Hedda Sutherland to the Citizens with Disabilities Advisory Board to terms expiring December 1, 2012.


Res. #5577


09-772 - A resolution reappointing Roger W. Hershey to the Enhanced Enterprise Zone Board of Directors to a term expiring December 20, 2014.



09-773 - A resolution affirming Mayor Reimal's reappointments of the Independence Director of Tourism, Vernon Meckel (Independence Center) and Tom Thomas (Blue Ridge Bank & Trust) to the Independence Events Center Community Improvement Director Board of Directors to four-year terms expiring December 20, 2013.



09-774 - A resolution affirming the individual appointment by Councilmember Page of John W. Eppert to the Independence Park Commission and correcting the term of office to expire September 1, 2010.


Res. #5580


09-775 - A resolution affirming Councilmember Young's reappointment of Marilyn Soulis to the Storm Water Control Oversight Committee to a term expiring December 16, 2012.



09-776 - A resolution appointing Amy Williams (Attractions) to a term expiring November 20, 2012; and appointing Janice Schultz and Barbara Langley (At-Large); and reappointing Tom Waters (At-Large) and Rick Hemmingsen (Chamber of Commerce) to terms expiring December 31, 2012 on the Tourism Advisory Board.



09-777 - A resolution accepting the FY 2008-2009 report of the License Surcharge Annual Review Committee, adopting the report’s recommendations and adopting a rate decrease for the calendar year 2010 for the License Surcharge fee. 




ORDINANCES

09-190 -2R. An ordinance finding, determining and declaring the necessity of acquiring general utility easements for the construction, operation and maintenance of a transmission line designated as the Substation “A” to Substation “M” transmission line Project No. 70210817.



09-191 - 2R. An ordinance approving a Zoning Map Amendment by changing the zoning classification from R-6 (Single-Family Residential) and C-2 (General Commercial) to R-18 (Residential 18) and R-30 (Residential 30) for the property located at 9701 E. 35th Street. Case No. 09-100-12. (Motion passed at meeting remanding Case to Planning Commission.)



09-192 - 2R. An ordinance to establish an ENERGY STAR® New Homes Program and setting forth incentive amounts and program rules.



09-193 - 2R. An ordinance establishing the Commercial/Industrial Rebate Program under which incentive rebates are provided to qualifying Power & Light customers who install specified qualifying energy conservation measures on or after January 1, 2010.



09-194 - 2R. An ordinance authorizing a contract with Precision Construction for the Walnut and Crane Drainage Project for an amount not to exceed $157,247.50, authorizing administrative approval of change orders not to exceed $15,700.00 or for time adjustments, and increasing project appropriations.



09-195 - 2R. An ordinance authorizing a contract with Terra Technologies for natural stream bank improvements on tributaries to Rock Creek at 35th & Grand and at Edwards Circle, a Supplemental Environmental Project, for an amount not to exceed $121,552.00; and authorizing the City Manager to approve minor change orders (not to exceed $12,155.20) and time extensions.



09-196 - 2R. An ordinance authorizing execution of Amendment No. 4 to the Wastewater Agreement with BP Products North America, Inc. (formerly Amoco Oil Company) to extend the wastewater agreement and to revise Schedule A.



09-197 - 2R. An ordinance finding, determining and declaring the necessity of acquiring rights-of-way, general utility easements and temporary construction and grading easements for the construction, operation and maintenance of a public street designated as the Little Blue Parkway Phase 9, Bundschu Road to 24 Highway, (Project No. 70510509).



09-198 - 2R.An ordinance authorizing final disposition of approximately 982 cubic feet of records that have met the retention established by Missouri Secretary of State's local records retention schedules.



09-199 - 2R. An ordinance authorizing a contract with Terra Technologies for natural stream bank improvements on the tributary to Rock Creek at 31st Street, between Norton and Norwood, for an amount not to exceed $109,797.00; and authorizing the City Manager to approve minor change orders (not to exceed $10,979.70) and time extensions.




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

09-200 - 1R. An ordinance to vacate the right-of-way for a portion of a cul-de-sac on Lot 2 of Kidwell Acres located east of S. Jackson Drive and north of E. 37th Terrace. Case#09-700-04



09-201 - 1R. An ordinance authorizing execution of Change Order No. 1 to the contract for the Crane Street, Ferguson Spring Road and Lake City Valley Road with Beemer Construction Company, for an increase of $30,800.00.



09-202 - 1R. An ordinance finding, determining and declaring the necessity of acquiring general utility easements and temporary construction and grading easements for the construction, operation and maintenance of a public storm sewer designated as the Northern & Westport Storm Drainage Improvements, Project No. 70130701.



09-203 - 1R. An ordinance authorizing a contract with Wilson and Company to provide engineering services on the Norledge Place Street Improvements project for an amount not to exceed $47,000.00 and authorizing approval of minor change orders not to exceed $4,700.00 or for time adjustments.



09-204 - 1R. An ordinance authorizing and directing the City Manager to execute an Agreement with Northwest Communities Development Corporation to provide services utilizing Community Development Block Grant (CDBG) funds as specified in Ordinance No. 17294 for Program Year 35 (FY 2009-2010) for reimbursement, and authorizing the City Manager to sign certain limited change orders.


1st R.


09-205 - 1R. An ordinance approving a Zoning Map Amendment by changing the zoning classification from R-12 (Residential 12) and R-30 (Residential-30) to R-6 (Residential 6); R-30 (Residential 30) to R-6 (Residential 6); R-12/HL (Residential 12 with Historic Landmark) to R-6/HL (Residential 6 with Historic Landmark), R-12 (Residential 12) to I-1 (Industrial) and R-12 (Residential 12) to R-6 (Residential 6) generally bounded on the north by the Missouri Pacific Railroad right-of-way; on the east by the intersection of said railway right-of-way and Lexington Avenue; on the south by E. Winner Road, and the west by S. Sterling Avenue. Case#09-100-10. This application requires a two-thirds majority vote for approval due to a valid protest petition having been submitted by property owners. (Motion passed at meeting substituting alternate ordinance for 1st R. The alternate ordinance includes all lots initially proposed for rezoning.)


1st R.


09-206 -1R. An ordinance finding, determining and declaring the necessity of acquiring general utility easements and temporary construction and grading easements for the construction, operation and maintenance of a public storm sewer designated as the 35th & Northern Storm Drainage Improvements, Project No. 70130706.


1st R.


09-207 - 1R. An ordinance finding, determining and declaring the necessity of acquiring fee-simple title, rights-of-way, general utility easements and temporary construction and grading easements for the construction, operation and maintenance of a public street designated at the Little Blue Parkway, 24 Highway Interchange, Project #70510802.



09-208 - 1R. An ordinance approving a Zoning Map Amendment by changing the zoning classification from R-12 (Residential 12) to R-6 (Residential 6) generally located north of E. Truman Road, south of E. 9thStreet S., west of S. Hardy Avenue and east of S. Overton Avenue. Case No. 09-100-11.



09-560 - An emergency ordinance to amend the plan language and schedule of benefits for the City of Independence Stay Well HMO Health Care Plan, a self-funded Health Care Plan for eligible City Employees, Dependents and Retirees.



09-561 - An emergency ordinance authorizing a contract with Coventry Health Care of Kansas, Inc. for the Third Party Administration Services for the self-funded Stay Well Health Care HMO Plan effective January 1, 2010 for a period of one calendar year, renewable for additional one year terms, unless terminated.




CITIZEN REQUESTS
1.

Sandra Perkins request to speak to Council regarding Police Department unnecessary arrest in 2005.




COUNCILMEMBER COMMENTS

ADJOURNMENT

"Is It Good For The Children?"