Smyrna Georgia
INVOCATION Rev. Sally DeMasters, Northern Boulevard United Methodist Church

THE PLEDGE OF ALLEGIANCE

ROLL CALL

APPROVAL OF MINUTES

Approval of minutes for Regular Meeting of March 2, 2009, and Adjourned Meeting of March 23, 2009.

UNFINISHED BUSINESS

PRESENTATION

Employee of the Month, Brian Harker [Bill No. 09-714]




PROCLAMATION

Proclamation of April 6 - 10, 2009 as National Public Health Week.




PUBLIC HEARING

Community Services League Memorial Drive Alley Vacation
Case No. 09-700-02 - [Bill No. 09-043] - New Evidence Only



PUBLIC HEARING

Englewood Assembly of God; Rezoning - Case No. 09-200-01 [Bill No. 09-044] New Evidence Only



PUBLIC HEARING

Freedom Landing North Rezoning, Case No. 09-100-03
[Bill No. 09-045] - New Evidence Only



PUBLIC HEARING

Freedom Landing South Rezoning;Case No. 09-100-02
[Bill No. 09-046] - New Evidence Only



PUBLIC HEARING

City of Independence Walnut Street Rezoning, Case No. 09-100-04
[Bill No. 09-047] - New Evidence Only




CONSENT AGENDA
Reports and Recommendations of the City Manager
1.

Approval is recommended to issue a Purchase Order to Burns & McDonnell in the amount of $66,405.00 for the planning, analysis, design and implementation of Geographic Information System (GIS) and Computerized Maintenance Management System (CMMS) Mobile Deployment Initiative for the Water Pollution Control Department.


Approved


2.

Approval is recommended to enter into a price agreement (322-09) with Chem-Dry Mo-Kan for the period April 7, 2009, through March 31, 2010, with two, one-year renewal options.  Expenditures will not exceed budgeted amounts.



3.

Approval is recommended to enter into a price agreement (163-09) with Diversified Inspections/ITL Inc., for equipment safety and certification services for the Power and Light Department for the period April 7, 2009, through March 31, 2010, with two, one-year renewal options.  Expenditures will not exceed budgeted amounts.


Approved


4.

Approval is recommended to enter into a price agreement (386-09) with Guier Fence for fence materials and installation services for the Parks and Recreation Department for the period April 1, 2009, through March 31, 2010, with one, one-year renewal option. Expenditures will not exceed budgeted amounts.


Approved


5.

Approval is recommended to enter into a price agreement (234-09) with Cummins Central Power, LLC, to provide scheduled maintenance checks and reports on City-owned generators for the Power & Light Department (IPL) for a one-year period from April 1, 2009, through March 1, 2010, with City option for renewal for two additional one-year terms.  Expenditures will not exceed budgeted amounts.


Approved


6.

Approval is recommended to enter into a price agreement (330-09) with Turf Maintenance, Inc., for seasonal landscape and turf maintenance services for the Parks and Recreation Department for the period April 1, 2009, through March 31, 2010, with two, one-year renewal options. Expenditures will not exceed budgeted amounts.


Approved


7.

Approval is recommended to enter into price agreements (317-09) with  Trinity Lawn & Landscape (Group III); S & S Lawn (Groups IV & V); and Stirling Lawn (Groups II & VI) for various departments for the period April 1, 2009, through March 31, 2010, with two, one-year renewal options. Expenditures will not exceed budgeted amounts.



8.

Approval is recommended to issue a Purchase Order to Wilson & Company in the amount not to exceed $50,000.00, for the engineering design of the Willis Storm Drainage Capital Improvement Project for the Water Pollution Control Department.




Resolutions:

09-714 - A resolution recognizing Brian Harker, Planner in the Community Development Department, as the employee of the month for April, 2009.



09-715 - A resolution to approve a Final Site Plan for a MARCIT Office Building located generally south of I-70, north of Adair Creek and west of Little Blue River. MARCIT has requested that the City Council review the Final Site Plan application denied by the Planning Commission. Case No. 08-800-17. (A new resolution referencing the final site plan, elevations and landscaping views date-stamped March 30, 2009 was approved.)



09-716 - A Resolution adopting the Independence Identity Theft Prevention Program.



09-717 - A resolution ratifying a certain “Certificate of Unit Power Purchaser” related to the Power & Light Department’s participation in the Iatan Generating Unit 2 project in furtherance of the issuance by the Missouri Joint Municipal Electric Utility Commission of power project revenue bonds.




ORDINANCES

09-042 - 2R. An ordinance authorizing the removal and destruction of Municipal Court records as authorized by Circuit Court Administrative Order No. 2009-032.




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

09-043 - 1R. An ordinance to vacate N. Memorial Drive between E. Farmer Street and E. White Oak Avenue and the alley right-of-way extending westward 463.75 feet from the N. Memorial Drive right-of-way. Case#09-700-02



09-044 - 1R. An ordinance approving a Zoning Map Amendment by changing the zoning classification from R-2 (Two-Family Residential) to R-2-SU (Two-Family Residential with a Special Use Permit for religious activities) for the property located south of E. 15th Street S. and east of S. Hardy Avenue. Case No. 09-200-01



09-045 - 1R. An ordinance approving a Zoning Map Amendment by changing the zoning classification from R-1b (Single-Family Residential) and R-1b-SU (Single-Family Residential with a Special Use Permit) to CR-P-1 (Limited Planned Neighborhood Commercial) for the property located east of Little Blue Parkway and on the northwest corner of R. D. Mize Road and Necessary Road. Case No. 09-100-03



09-046 - 1R. An ordinance approv ing a Zoning Map Amendment by changing the zoning classification from R-1b (Single-Family Residential) and R-1b -SU (Single-Family Residential with a Special Use Permit) to R-3-PUD (Moderate-Density Residential Planned Unit Development) and C-P-2 (Planned General Commercial) for the property located at east of Little Blue Parkway on the northwest corner of R. D. Mize Road and Necessary Road. Case No. 09-100-02.



09-047 - 1R. An ordinance approving a Zoning Map Amendment by changing the zoning classification from M-1 (Industrial) and R-4 (High Density Residential) to C-2 (General Commercial) and R-2 (Two-Family Residential) for the property located at north of E. Short Avenue, east of S. Noland Road, west of S. Dodgion Street and south of E. Walnut Street. Case No. 09-100-04



09-048 - 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 39th & Main Storm Drainage Improvements, Project No. 70130707.



09-049 - 1R. An Ordinance authorizing the City Manager to sign a contract with Akins Excavating for the Sinnott Circle Sanitary Sewer project for an amount not to exceed $182,980.00 and authorizing approval of administrative change orders not to exceed $18,200.00 or for time adjustments.



09-050 - 1R. An ordinance approving the 2009-10 Annual Action Plan for the Community Development Block Grant (CDBG) and HOME Programs, authorizing the City Manager to make application to HUD for Program Year 35 (FY 2009-2010) and to execute and deliver a written agreement for funds projected at $1,098,430.00; and making the necessary appropriations.


1st R.


09-051 - 1R. An ordinance authorizing the City Manager to execute an Energy Services Agreement with Tenaska Power Services Co. (“Tenaska”) for services related to wholesale power marketing, wholesale electricity trading, risk management, Southwest Power Pool (“SPP”) market interface and other related services to facilitate the City’s sale and purchase of electric power to the market.



09-052 - 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 and sanitary sewer designated as the Fairway Gardens Storm and Sanitary Sewer Improvements, Project No. 70130710 and Project No. 70300603.



09-053 - 1R. An ordinance creating a seven (7) member Enhanced Enterprise Zone West Board; defining the purpose and duties of the Board; appointing members to the Board; and providing for its organization and operation.



09-054 - 1R. An Ordinance authorizing the City Manager to sign and execute a contract with Radmacher Brothers Excavating for the Jackson Drive, R.D. Mize Road to Prairie Landing, Improvements project for an amount not to exceed $1,615,738.27, authorizing approval of administrative change orders not to exceed $161,000.00, and making the necessary appropriation adjustments.


1st R.


09-055 -1 R. An ordinance authorizing the City Manager to execute a certain pipe line license with the Union Pacific Railroad Company, to construct and maintain a water line on railroad right-of-way on Crane Street south of Walnut Street, and providing for payment to the railroad of one thousand seven hundred thirty three and no/100 dollars ($1,733.00).



09-056 - 1R. An ordinance authorizing the City Manager of the City of Independence, Missouri to vacate a portion of one (1) sanitary sewer easement and accept one (1) sanitary sewer easement located in a part of Lot 6, Crackerneck Creek, a subdivision in Independence, Jackson County, Missouri.



09-057 - 1R. An Ordinance authorizing the City Manager to enter into a Purchase Agreement with the Missouri Development Finance Board (MDFB) for financing the costs associated with the purchase and installation of a replacement telephone system for an amount of $169,557 which includes closing costs.



09-058 - 1R. An Ordinance approving a Redevelopment Agreement for the Independence Regional Entrepreneurial Center (IREC).



09-521 - An emergency ordinance authorizing the City Manager to accept the 2009 Midwest HIDTA Memorandum of Understanding in the amount of $141,444.00 from the Kansas Bureau of Investigation and sign all necessary documents to continue participation in the Midwest HIDTA Kansas City/Overland Park DEA Task Force initiative; increasing the estimated revenues $141,444 and appropriating the same amount to the Police Department’s Operating Budget; authorizing the City Manager to sign future change orders, extensions, amendments or addendums for additional funding or time extensions for the same project, making the necessary appropriations and authorizing certain future appropriations.



09-522 - An emergency ordinance approving the Final Plat of South Osage Acres, Lots 24A and 24B, a subdivision located south of W. Gudgell Avenue and west of S. Osage Street. Case No. 08-320-17



09-523 - An emergency ordinance authorizing the City Manager to sign a Project Safe Neighborhoods Memorandum of Agreement, Amendment 7, with the Kansas City Metropolitan Crime Commission for reimbursement of $40,000.00, for use as previously authorized by Ordinance No. 15484 and amended by Ordinance No. 15633, No. 15860; No. 16170, No. 16361, No. 16524, and No. 16806; making the necessary appropriations; and authorizing the City Manager to sign future change orders, extensions, amendments or addendums for additional funding or time extensions for the same project, making the necessary appropriations and authorizing certain future appropriations.



INFORMATION ONLY:
1.

The Council is expected to convene in an Executive Session, immediately following the Regular Session on Monday, April 6, 2009, in Conference Room A, on matters of Litigation.


Not held.


2.

The Council is expected to adjourn to an Adjourned Meeting on Monday, April 13, 2009.



3.

Change Order 41680 in the amount of $55,000.00 was issued to Purchase Order 127844 for GE Energy Services for additional repairs to Substation I, Unit 4, and Substation H, Unit 6, combustion turbines for the Power & Light Department. This change order will bring the total amount of the purchase order to $115,000.00



4.

Emergency Purchase Order 127928 was issued to Alstom Power, Inc., in the amount of $170,374.00 for parts needed to overhaul the coal mills on Units 1 and 2 at the Blue Valley Plant for the Power and Light Department.


Reported


5.

Municipal Court Monthly Case Report for February, 2009.



6.

Purchase Order 128093 was issued to Cooperating School Districts (subcontracting to Tremco, Inc.) for roofing repairs to Substations E, H, I, J, K, M and Eckles Road in the amount of $172,443.98, for the Power and Light Department.




CITIZEN REQUESTS
1.

Erin Burroughs requests to speak to Council regarding bus transit.



2.

Elisa Breitenbach requests to speak to Council regarding the allocation of $10 Million to the IRMC Redevelopment Project.




COUNCILMEMBER COMMENTS

ADJOURNMENT

"Is It Good For The Children?"