Smyrna Georgia
INVOCATION Rev. Leonard Hitchcock, Community of Christ Church

THE PLEDGE OF ALLEGIANCE

ROLL CALL

APPROVAL OF MINUTES

Approval of Minutes for Regular Meetings of August 3, 2009 and August 17, 2009, and Adjourned Meeting of August 24, 2009.

UNFINISHED BUSINESS

PRESENTATION

Employee of the Month Dawna Cordon [Bill No. 09-749]




PROCLAMATION

Constitution Week - September 17th through September 23, 2009, and Citizenship Day - September 17, 2009.




PUBLIC HEARING

Greg Keeton - Rezoning, Case No. 09-100-07
[Bill No. 09-135] - New Evidence Only



PUBLIC HEARING

City - Residential Historic Landmark- Rezoning, Case No. 09-850-01
[Bill No. 09-139] - New Evidence Only



PUBLIC HEARING

Independence EKR, LLC., d/b/a Erin's Pub, application for a Retailer of Intoxicating Liquor by the Drink License (Restaurant/Bar) and a Sunday Sales License, located at 3010 S. M291 Highway. With residentially zoned property and a school within 300 feet of the proposed premises, approval of this application will require a two-thirds Council approval. Full public hearing.



PUBLIC HEARING

Independence Extend Stay Suites, LLC., d/b/a Staybridge Suites Kansas City, application for a Retailer of Malt Liquor and Light Wine by the Drink License, located at 19400 E. 39th Place. With residentially zoned property and a school within 300 feet of the proposed premises, approval of this application will require a two-thirds Council approval. Full public hearing.



PUBLIC HEARING

Moran Foods, LLC., d/b/a Save A Lot Store #439, application for a Retailer of Intoxicating Liquor in the Original Package License and a Sunday Sales License, located at 11200 E. Truman Road. With residentially zoned property and a school within 300 feet of the proposed premises, approval of this application will require a two-thirds Council approval. This full public hearing is to be continued to the September 21, 2009, Regular Session.



PUBLIC HEARING

Moran Foods, LLC., d/b/a Save A Lot Store #442, application for a Retailer of Intoxicating Liquor in the Original Package License and a Sunday Sales License, located at 3500 Blue Ridge Cut Off. With residentially zoned property and a school within 300 feet of the proposed premises, approval of this application will require a two-thirds Council approval. This full public hearing is to be continued to the September 21, 2009, Regular Session.



PUBLIC HEARING

Super Target Liquor of Missouri, Inc., application for a Retailer of Intoxicating Liquor in the Original Package License and a Sunday Sales License for the Target Store, located at 17810 E 39th Street. With residentially zoned property and a school within 300 feet of the proposed premises, approval of this application will require a two-thirds Council approval. This full public hearing is to be continued to the September 21, 2009, Regular Session.




CONSENT AGENDA
Reports and Recommendations of the City Manager
1.

Approval is requested on the application for an outdoor expansion of the licensed premises by EKR, LLC operating Erin’s Pub located at 3010 S M 291 Highway, Suites G, H & I of their Retailer of Intoxicating Liquor by Drink (Restaurant/Bar) License. This outdoor expansion application requires a two-thirds majority vote for approval due to residentially zoned property being located within three hundred (300) feet of the establishment.


Approved


2.

Approval is requested on the application of Independence Extended Stay Suites, LLC for a Retailer of Malt Liquor and Light Wine by Drink License for Staybridge Suites Kansas City-Independence located at 19400 E. 39th Place. This application will require a two-thirds majority vote for approval due to residentially zoned property being located within three hundred (300) feet of the establishment.


Approved


3.

Approval is requested on the application of El Jinete, LLC for a Retailer of Intoxicating Liquor by Drink License as a Restaurant/Bar and a Sunday Sales License for El Jinete, located at 19321 E US 40 Highway, Suite S.


Approved


4.

Approval is recommended to issue Change Order 2, adding $20,500 to Purchase Order 127372, to Jensen Engineering Co., Inc., to continue providing on-site data entry and reporting on the Federal Emergency Management Agency (FEMA) grants for the Power & Light Department. This change order will bring the total amount of the purchase order to $61,500.


Approved


5.

Approval is recommended to issue a purchase order to Durkin Equipment Company in the amount of $28,372.00 for the replacement of the flue gas oxygen analyzer for the Water Pollution Control Department.  The total expenditure will not exceed budgeted amounts.


Approved


6.

Approval is recommended to enter into a Price Agreement (138-09) for preventative maintenance for network critical power equipment with JT Packard & Associates, Inc., for the Power & Light Department for the period September 9, 2009, through August 31, 2010, with four one-year renewal options.  Expenditures will not exceed budgeted amounts.


Approved



Resolutions:

09-749 - A resolution recognizing Dawna Cordon, Senior Court Clerk in the Municipal Court, as the Employee of the Month for September, 2009.



09-750 - A resolution approving a Preliminary Plat of Goshen Estates, Lots 1-6 and Tract A, a 6-lot and 1 tract rural residential subdivision located at the northwest corner of N. Lake City Valley Road and E. Heidelberger Road. Case No. 09-310-03




ORDINANCES

09-128 - 2R. An ordinance approving the annual contract with the Mid-America Regional Council for $25,000 in grant funding for the City's Senior Adult Nutrition Site Program for FY 2010.



09-132 - 2R. An ordinance authorizing a contract with First Health for the Preferred Provider Organization (PPO) Network services for the Stay Well Health Care Plan, effective January 1, 2010 with two additional one-year renewal periods.



09-133 - 2R. An ordinance authorizing a contract with FMH Benefit Solutions, for Third Party Administration Services for the Stay Well Health Care Plan and Section 125 Flexible Benefit Plan effective January 1, 2010 with two additional one-year renewal periods.




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

09-134 - 1R. An ordinance finding, determining and declaring the necessity of acquiring rights-of-way and easements for the construction, operation and maintenance of a public street and bridge designated as the Bly Road Bridge Replacement, Project No. 70110802.



09-135 - 1R. An ordinance approving a Zoning Map Amendment by changing the zoning classification from M-1 (Industrial) to C-2 (General Commercial) for the property located at the southeast corner of E. U.S. 24 Highway and N. Crysler Avenue. Case No. 09-100-07



09-136 - 1R. An ordinance authorizing a service agreement with General Physics Corporation for web-based operator training for the Power & Light Department and administrative change orders as deemed appropriate.



09-137 - 1R. An ordinance authorizing the City Manager to execute a contract with Veolia Environmental Services for an amount not to exceed $170,742.60 for chemical cleaning of the Missouri City No. 2 boiler for the Power & Light Department; and to approve administrative change orders for an amount not to exceed $17,074.00 and time extensions as deemed appropriate.


09-138 - 1R. An ordinance authorizing vacation of a portion of East White Oak Street right-of-way located in the Northwest Quarter of Section 2, Township 49, Range 32, in Independence, Jackson County, Missouri. Passed as an emergency at the meeting.



09-139 - 1R. An ordinance designating the property at 13407 East 35th Street South as a Local Historic Landmark and giving the property a classification of HL (Historic Landmark) on the Zoning District Map.



09-140 - 1R. An ordinance authorizing a primary election on February 2 and a general election on April 6, 2010, for the Mayor and two Councilmember At Large positions and authorizing the City Clerk to work with the Jackson County Election Board in preparing for those elections.



09-141 -1R. An ordinance authorizing the City Manager to execute the Funding Approval and Grant Agreement for the Neighborhood Stabilization Program (NSP) project between the City of Independence and the Missouri Department of Economic Development for a $2,563,875 reimbursement grant to fund foreclosure mitigation and neighborhood stabilization activities; and making the necessary appropriations.



09-142 - 1R. An ordinance authorizing acceptance of a DWI Enforcement grant from the Missouri Department of Transportation, Highway Safety Division in the amount of $120,000.00, authorizing the City Manager to sign future change orders for the same project; and making the necessary appropriations.



09-143 - 1R. An ordinance authorizing acceptance of a contract from the Missouri Department of Transportation, Highway Safety Division, for a Hazardous Moving Violation Project in the amount of $195,000.00; authorizing the City Manager to sign future change orders for the same project; and making the necessary appropriations.



09-144 - 1R. An ordinance authorizing acceptance of a Sobriety Checkpoint grant from the Missouri Department of Transportation, Highway Safety Division, in the amount of $50,400.00; authorizing the City Manager to sign future change orders for the same project; and making the necessary appropriations.



09-145 - 1R. An ordinance authorizing Agreements with sub-recipient agencies to complete certain projects utilizing Community Development Block Grant (CDBG) funds as specified in Ordinance No. 17334 for Program Year 34 (FY 2008-2009), as amended, for reimbursement to them of monies available through the American Recovery and Reinvestment Act and the U.S. Department of Housing and Urban Development to benefit low and moderate income persons, and authorizing the City Manager to sign certain limited change orders.


1st R.


09-146 - 1R. An ordinance authorizing the City Manager to sign an Agreement with the firm of Sega, Inc., (“Sega”) for an expenditure not to exceed $217,760.00 to develop plans and specifications for the planned replacement of Medium Voltage (over 600 V) Breakers and Cables; and to approve change orders in an amount not to exceed $21,776.00, and time extensions as deemed necessary.


1st R.


09-548 - An emergency ordinance approving the Final Plat of Goshen Estates, Lots 1-6 and Tract A, a residential subdivision located at the northwest corner of N. Lake City Valley Road and E. Heidelberger Road. Case No. 09-320-09


Ord. #17402


INFORMATION ONLY:
1.

The Council is expected to convene in an Executive Session at 5:15 pm, Tuesday, September 8, 2009, prior to the Council Meeting, in Conference Room A, on matters of employee group negotiations.



2.

Emergency Purchase Order 129458 was issued to GE Energy Services, in the amount of $45,000.00, for the installation of an oil cooler in the H-6 combustion turbine for the Power & Light Department.


Reported


3.

Purchase Orders 129568, 129569 and 129571, totalling $33,157.69, were issued to W. W. Grainger, Inc., (Grainger), for maintenance shop tools for the Independence Events Center (City Manager).


Reported


4.

Municipal Court Monthly Case Report for August, 2009.




CITIZEN REQUESTS
1.

Erin Burroughs requests to speak to Council regarding bus transit.




COUNCILMEMBER COMMENTS

ADJOURNMENT

"Is It Good For The Children?"