COUNCIL AGENDA

August 16, 2021

6:00 PM, Council Chambers-111 E. Maple Ave. & Microsoft Teams

Agendas are published late in the week for the following week's Council business meetings.  Changes made after the tentative agenda is published will be reflected in the latest version posted.


To view a Council meeting agenda, visit https://independence.novusagenda.com/agendapublic/, and select 'Most Recent Council Agenda'.


INVOCATION
Ken Truax, Elder, East Independence Church of Christ
THE PLEDGE OF ALLEGIANCE
ROLL CALL
CITIZEN REQUESTS
Sharon Royer requests to speak to Council regarding support for a mask mandate in Independence.
Spoke
Colleen Huff requests to speak to Council regarding mask mandates.
Spoke
Kristi Nichols requests to speak to Council regarding mask mandates.
Spoke
Kevin Baird requests to speak to Council regarding Bill No. 21-793.
Spoke
Matthew Brown requests to speak to Council regarding masks and future vaccine card mandates.
Spoke
Cathryn Sperry requests to speak to Council regarding masks.
Spoke
Marcie Gragg requests to speak to Council regarding mask mandates.
Spoke
Laura Dominik requests to speak to Council regarding public health.
Spoke
CONSENT AGENDA
Reports and Recommendations of the City Manager
1.Council action is requested to issue a one (1) year contract, with four (4), one-year renewal periods for aluminum and steel poles with Fletcher-Reinhardt and Wesco Distribution for the Power and Light Department.
Approved
2.Approval of 2021-2022 Property Insurance Renewal for City Utility Property
Approved
3.Council action is requested to issue a purchase order to Red Equipment, LLC in the amount of $486,000 for two Ravo 5i street sweepers.
Approved
4.Council action is requested to authorize the City Manager to approve a construction contract with a Freeman Concrete Construction LLC for an amount not to exceed $1,448,027.80 authorizing future minor change orders not to exceed $142,372.78 and/or time extensions for the Phase 1 Sidewalk Construction and Curb & Gutter Replacement Projects. (No. 112004 & No. 112005).
Approved
5.Council action is requested to issue a purchase order to ConvergeOne Inc, in the amount of $533,494.50 for Office 365 Licensing.
Approved
6.Council action is requested to issue a one (1) year contract, with four (4), one-year renewal periods for the purchase of pole mount and pad mount transformers with Wesco Distribution and WEG Electric Corp. for the Power and Light Department.
Approved
7.Council action is requested to issue a one (1) year contract, with four (4), one-year renewal periods, for wood transmission and distribution poles with Stella-Jones Corp. and Wesco Distribution for the Power and Light Department.
Approved
Resolutions
21-790 - A resolution reappointing Nancy Eppert and Monica Kettenhofen to the Mayor’s Advisory Commission on the Arts.-Individual Appointment Mayor Eileen Weir
Res.No:          6713
21-791 - A resolution reappointing Herbert Bankston Jr. and Lynn Rose to the Housing Authority Commissioners.-Individual Appointment Mayor Eileen Weir
Res.No:          6714
21-792 - A resolution approving the City Manager’s appointment of Jeremy Cover and Lauber Municipal, LLC, as the City Counselor for the City of Independence, Missouri.
Res.No:          6715
REGULAR AGENDA
Public Hearing(s)
1.  A public hearing for the rezoning from C-1, Neighborhood Commercial, to R-12, Two-Family Residential, for the properties located at 3806-3822 S. Canterbury Place.  New Information Only.
Held and Closed
  1. 21-050 - 2R.  An ordinance approving a rezoning from District C-1 (Neighborhood Commercial) to District R-12 (Two Family Residential) for part of the properties at 3806-3822 S. Canterbury Place in Independence, Missouri.
Ord.No:          19242
2.  A public hearing for the application by McBee Coffee and Car Wash requesting a Special Use Permit to operate a car wash business at 15912 E. US 24 Highway.  New Information Only.
Held and Closed
  1. 21-051 - 2R.  An ordinance approving a Special Use Permit to operate a tunnel carwash on property at 15912 E. US 24 Highway, in Independence, Missouri.
Ord.No:          19243
3.  A public hearing for the amendment to the Unified Development Ordinance, Chapter 14, of the Independence City Code pertaining to the Administrative Adjustment Appeals process.  Full Public Hearing.
Held and Closed
  1. 21-052 - 2R.  An ordinance amending the Unified Development Ordinance, Chapter 14, of the Independence City Code pertaining to Administrative Adjustment Appeals.
Ord.No:          19244
4.  A full public hearing for the application application received from Himalayan Petro LLC, doing business as Stop & Shop #1, for a Retail Selling of Intoxicating Liquor of All Kinds in the Original Package for the convenience store at 151 W. US 24 Highway. Full Public Hearing
Held and Closed
  1. Council action is requested on the application received from Himalayan Petro LLC, doing business as Stop & Shop #1, for a Retail Selling of Intoxicating Liquor of All Kinds in the Original Package for the convenience store at 151 W. US 24 Highway.

Failed
Non-Ordinance Action Items
1.21-793 - A Resolution Authorizing the Mayor and Health Director to Issue a Public Health Order for a Period of 30 Days.
Failed
2.21-794 - A resolution amending the Council Rules of Procedure, by expanding and clarifying certain sections.
Failed
3.

Council action is requested regarding the change of ownership application received from Highgate Hotels, LP; for a Hotel Selling Intoxicating Liquor License for the Residence Inn located at 3700 S. Arrowhead Ave.    

Approved
Ordinances
21-047 - 2R.  An ordinance authorizing acceptance of a grant in the amount of $547,500.00 from the Missouri Department of Transportation for reimbursement of overtime for the Police Department for Impaired Driving Enforcement and Youth Alcohol Liquor Compliance Checks from October 1, 2021, to September 30, 2022; authorizing future change orders and/or time extensions for the same project and making the necessary appropriations.  
Ord.No:          19245
21-048 - 2R.  An ordinance authorizing acceptance of a grant in the amount of $296,300.00 from the Missouri Department of Transportation for reimbursement of overtime for the Police Department for a Crash Investigation Software License, LETSAC Conference Fees and Hazardous Moving Violations Enforcement from October 1, 2021, to September 30, 2022; authorizing future change orders, extensions, amendments or addendums for additional funding for the same project and making the necessary appropriations.
Ord.No:          19246
21-049 - 2R.  An ordinance authorizing acceptance of a grant in the amount of $52,000.00 from the Missouri Department of Transportation for reimbursement of overtime for the Police Department for Occupant Protection Enforcement from October 1, 2021, to September 30, 2022; authorizing future change orders, extensions, amendments or addendums for additional funding for the same project and making the necessary appropriations.
Ord.No:          19247
21-053 - 2R.  An ordinance finding, determining and declaring the necessity of acquiring Fee Simple Title for 24 Highway Complete Streets Phase 2 (Project No.112011); authorizing the negotiation and eminent domain proceedings if necessary; approving the plans and specifications for the Project; authorizing the use of experts as needed; authorizing and directing the execution of documents and the payment of funds to property owners or others holding property rights, in conjunction with the Project.
Ord.No:          19248
21-054 - 2R.  An ordinance finding, determining and declaring the necessity of new right-of-way and permanent sidewalk easement for the Hardy Avenue Sidewalk Project (No.112001); authorizing the negotiation and eminent domain proceedings if necessary; approving the plans and specifications for the Project; authorizing the use of experts as needed; authorizing and directing the execution of documents and the payment of funds to property owners or others holding property rights, in conjunction with the Project.
Ord.No:          19249
21-055 - 2R.  An ordinance imposing a Fire Protection Sales Tax at the rate of 1/2 of one percent of the receipts from the sale at retail of all tangible personal property or taxable services at retail within the City of Independence, Missouri, which shall remain in effect at said rate thereafter until repealed, by the voters of the City; calling for the proposition adopting said tax to be placed on the ballot at the regularly scheduled election to be held November 2, 2021; proposing the form of the ballots and directing the City Clerk to do all things called for by law in connection with the holding of said election.
Ord.No:          19250
21-056 - 2R.  An ordinance creating Section 12.06.008 of the Independence City Code for the Prohibition of Conversion Therapy of Minors.-Requested by Councilmembers Mike Steinmeyer, Mike Huff and Brice Stewart
Failed
21-057 - 2R.  An ordinance amending the City’s current Use Tax to allow funding to be utilized for all Police Department personnel and equipment; and providing for submission of the Proposal to the qualified voters of the City for their approval at the Special Election called and to be held in the City on November 2nd, 2021, and proposing the form of the ballots to be employed at said Election and directing the City Clerk to do all things called for by law in connection with the holding of said Election.-Requested by Councilmembers Dan Hobart and John Perkins
Ord.No:          19251
First Reading(s)
21-058 - 1R.  An ordinance approving a rezoning from District C-2 (General Commercial) to District R-12 (Two Family Residential) for numerous properties on South Oxford Avenue in Independence, Missouri.
1R.
21-059 - 1R.  An ordinance approving a rezoning from District C-2 (General Commercial) to District R-30/PUD (High Density Residential/Planned Unit Development) and approving a Preliminary Development Plan for numerous properties on South Oxford Avenue in Independence, Missouri.
1R.
21-060 - 1R.  An ordinance approving a Special Use Permit to operate a body art shop at 10701 E. Winner Road, Suite 220, in Independence, Missouri.
1R.
21-061 - 1R.  An ordinance amending the Unified Development Ordinance, Chapter 14, of the Independence City Code pertaining to sign regulations variances, permits, appeals, review & approval.
1R.
21-062 - 1R.  An ordinance amending the Unified Development Ordinance, Chapter 14, of the Independence City Code pertaining to Electronic Message Centers.
1R.

21-063 - 1R.  An ordinance vacating an existing unconstructed right-of-way of all that part of 1706 S M-291 Hwy lying in, on, and across Lot 154, and the south 10 feet of Lot 153, of Stayton Place (lots 150 to 166 inclusive), a subdivision in Independence, Jackson County, Missouri.

1R.
21-510 - 1R.  An ordinance adopting amendments to the Fiscal Year 2021- 2022 Budget, which was approved by Ordinance No. 19228. Appropriation ordinances may receive two readings and be voted on at the same meeting.
Ord.No:          19252
INFORMATION ONLY
1.Council Selections for City Planning Commission, TIF Commission and Public Utilities Advisory Board.
Reported
2.COVID-19 Semi-Monthly Update
Reported
3.Municipal Division Monthly Case Report July 2021
Reported
4.Apartment Moratorium Quarterly Update
Reported
5.Handouts Provided to Council during the Meeting.
6.Please Note:  In accordance with RSMo 610.021, the City Council may convene in an Executive Session at 5:15 pm, in the Council Chambers and move to Conference Room D for the closed meeting, on matters of litigation, legal action, and/or attorney client communications, as permitted by Sec. 610.021(1), on matters of personnel, as permitted by Sec. 610.021(3) and personnel records, as permitted by 610.021(13), on matters of contracts, as permitted by 610.021(12), on matters of real estate, as permitted by 610.021(2) and/or matters of labor negotiations, as permitted by 610.021(9).
COUNCILMEMBER COMMENTS
ADJOURNMENT

"Independence for All"