Smyrna Georgia
INVOCATION Rev. Sally DeMasters, N. Blvd. United Methodist Church

THE PLEDGE OF ALLEGIANCE

ROLL CALL

UNFINISHED BUSINESS

PRESENTATION

Karen Penrod, immediate past president of the Junior Service League, will announce and present the 2009 Susan Paxton Block Award Recipient.




PROCLAMATION

Family Day 2009 - A Day To Eat Dinner With Your Children - September 28, 2009



PROCLAMATION

Fire PreventionWeek - October 4th through 10th, 2009




PUBLIC HEARING

City Rezoning, Case No. 09-100-06 - South Main Street
[Bill No. 09-147] - New Evidence Only



PUBLIC HEARING

Commercial Investors - Rezoning, Case No. 09-200-05
[Bill No. 09-148] - New Evidence Only



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 within 300 feet of the proposed premises, approval of this application will require a two-thirds Council approval. This full public hearing was continued from the September 8, 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 within 300 feet of the proposed premises, approval of this application will require a two-thirds Council approval. This full public hearing was continued from the September 8, 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 within 300 feet of the proposed premises, approval of this application will require a two-thirds Council approval. This full public hearing was continued from the September 8, 2009, Regular Session.



PUBLIC HEARING

GEC Food Services, LLC, d/b/a Independence Events Center and Community Ice Arena, application for a Retailer of Intoxicating Liquor by the Drink License (Restaurant/Bar) and a Sunday Sales License, located at 19100 E. Valley View Parkway. Full public hearing.




CONSENT AGENDA
Reports and Recommendations of the City Manager
1.

Approval is recommended to issue a purchase order to GE Energy Services, in the amount of $110,148.98, for the purchase of turbine overhaul parts for Unit 3 at the Blue Valley Plant.



2.

Approval is recommended to enter into a price agreement (119-09) with Hope House to serve as court coordinator for victim assistants for the Municipal Court for the period of October 1, 2009, through September 30, 2010 with two, one-year renewal options.  Expenditures will not exceed budgeted amounts.



3.

Approval is recommended to issue a purchase order to Burns & McDonnell for the Elm Street Regional Detention Basin ecosystem restoration, a Supplemental Environmental Project, for an amount not to exceed $99,000.00 for the Water Pollution Control Department.



4.

Approval is requested on the application of GEC Food Service, LLC, for a Retailer of Intoxicating Liquor By the Drink License as a Restaurant Bar and a Sunday Sales License for the Independence Event Center and Community Ice Arena, located at 19100 E. Valley View Parkway.



5.

Approval is recommended to issue a purchase order to Invensys Foxboro Corporation in the amount of $398,745.00 to upgrade the existing Distributed Control System at the Blue Valley Plant for the Power & Light Department.



6.

Approval is recommended to issue a purchase order to GE Energy Services in the amount of $493,635.00 for the purchase of upgraded control processors and cards for the Blue Valley Unit 3 turbine control system for the Power & Light Department.



7.

Approval is recommended to issue a purchase order to GE Energy Services, in the amount of $742,328.00, for the purchase of combustion turbine control systems at Substation H for the Power & Light Department.



8.

Approval is recommended to enter into a price agreement (338-09) with ICx DAQ Electronics, Inc., for substation remote terminal units for the Power & Light Department, for the period September 22, 2009, through August 31, 2010. Expenditures will not exceed budgeted amounts.



9.

Approval is recommended to issue a purchase order to Dave Allert Company in the amount of $33,867 for replacement of the Aeration Process Monitoring System probes for the Water Pollution Control Department.



10.

Approval is requested on the application of Moran Foods, Inc. for a Retailer of Intoxicating Liquor in the Original Package License and Sunday Sales License for the Save-A-Lot #439 located at 11200 E Truman Road. This application will require a two-thirds majority vote for approval due to residentially zoned property being located within 300 feet of the establishment.


Approved


11.

Approval is requested on the application of Moran Foods, Inc. for a Retailer of Intoxicating Liquor in the Original Package License and Sunday Sales License for the Save-A-Lot #442 located at 3500 S. Blue Ridge Cut-Off. This application will require a two-thirds majority vote for approval due to residentially zoned property being located within 300 feet of the establishment.


Approved


12.

Approval is requested on the application of Target Corporation for a Retail of Intoxicating Liquor in the Original Package License and a Sunday Sales License for the Target Store T-1201, located at 17810 E 39th Street. This application will require a two-thirds majority vote for approval due to residentially zoned property being located within 300 feet of the establishment.


Approved


13.

Approval is recommended to enter into a price agreement (166-09) for gravel trails with Tenoch Construction, for the period of October 1, 2009, through August 31, 2010. The agreement contains one, one-year renewal option. Expenditures will not exceed budgeted amount.




Resolutions:

09-751 - A resolution reappointing Linda Dickens, J.R. Stewart and Joe Stevinson to the License Surcharge Annual Review Committee to term of office expiring September 17, 2012.




ORDINANCES

09-134 - 2R. 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 - 2R. 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 - 2R. 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 - 2R. 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.



09-139 - 2R. 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 - 2R. 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 -2R. 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 - 2R. 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 - 2R. 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 - 2R. 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 - 2R. 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.



09-146 - 2R. 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.


Ord. #17416



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

09-147 - 1R. An ordinance approving a Zoning Map Amendment by changing the zoning classification from C-2 (General Commercial), R-30 (Residential 30), R-18 (Residential 18) and R-12 (Residential 12) to R-6 Residential 6); C-2 (General Commercial), R-30 (Residential 30) and R-18 (Residential 18) to R-12 (Residential 12); and R-12 (Residential 12) to R-18 (Residential 18) for the properties generally located north of 23rd Street, east of Washington Avenue, west of Noland Road and south of Walnut Street. Case No. 09-100-06.



09-148 - 1R. An ordinance approving a Zoning Map amendment by changing the zoning classification from C-1 (Neighborhood Commercial) to C-2-SU (General Commercial with a Special Use Permit for public assembly) for property at the northwest corner of E. 39th Street and S. Noland Road. Case No. 09-200-05.



09-149 - 1R. An ordinance authorizing a contract with Veolia Environmental Services for an amount not to exceed $246,581.50 for chemical cleaning of the Blue Valley Power Plant No. 3 boiler and authorizing administrative change orders for an amount not to exceed $24,658.00.



09-150 - 1R. An ordinance authorizing a contract with V.F. Anderson Construction for the Denton the Arlington Drainage Project for an amount not to exceed $165,903.00 and authorizing administrative change orders not to exceed $16,590.00.



09-151 - 1R. An ordinance authorizing approval of a contract with V.F. Anderson Construction for the Norfleet to Willis Drainage Project for an amount not to exceed $344,412.50 and authorizing administrative approval of change orders not to exceed $34,440.00.



09-152 - 1R. An ordinance authorizing a contract with the Missouri Department of Health and Senior Services to provide financial assistance through the Maternal Child Health Services Grant for the period of October 1, 2009 through September 30, 2010 in the amount of $41,608.26; and authorizing the City Manager to sign change orders for the same project.



09-153 - 1R. An ordinance designating a recovery zone pursuant to the American Recovery and Reinvestment Tax Act of 2009 for the purpose of issuing Recovery Zone Economic Development Bonds and Recovery Zone Facility Bonds.


1st R.


09-549 - An emergency ordinance approving the Final Plat of Fairland Heights, Replat, Lots 1A-1C, a residential subdivision located at the corner of E. Winner Road and S. Arlington Avenue. Case No. 09-320-08.



09-550 - An emergency ordinance to approve Change Order Number 1 to the contract with Miles Excavating for the Valley View Parkway Widening project for an amount not to exceed $179,448.35 and adjusting appropriations.



INFORMATION ONLY:
1.

The Council is expected to convene in an Executive Session at 5:30 pm, Monday, September 21, 2009, prior to the Council Meeting, in Conference Room A, on matters of Litigation.



2.

Purchase Order 129688 was issued to SKC Communications Products Inc., in the amount of $55,437.21, for a telephone system for the Independence Events Center.


Reported


3.

Purchase Order 129708 was issued to CDW-G, in the amount of $38,080.00 for televisions for the Independence Events Center.




CITIZEN REQUESTS
1.

Cecil Vaughan requests to speak to Council regarding Ground Zero - twelve blocks west article



2.

Erin Burroughs requests to speak to Council regarding public transit.



3.

Ronald Yale requests to speak to Council regarding L-6 and Stay Well.




COUNCILMEMBER COMMENTS

ADJOURNMENT

"Is It Good For The Children?"