Smyrna Georgia

INVOCATION Dr. Roy Schaefer, Community of Christ Church

THE PLEDGE OF ALLEGIANCE

ROLL CALL

APPROVAL OF MINUTES

Approval of Minutes for Regular Meeting of 6/1/09, Adjourned Meeting of 6/8/09 and Regular Meeting of 6/15/09.



UNFINISHED BUSINESS

PRESENTATION

Employee of the Month Kim Osborne [Bill No. 09-736]





PUBLIC HEARING

P & S Center, LLC, application for a Retailer of Intoxicating Liquor by the Drink (Restaurant/Bar) License for P & S Center, located at 3844 S. Noland Road. Since there is residentially zoned property and a school within 300 feet of the proposed premises, approval of this application will require a two-thirds Council approval instead of a simple majority. Full public hearing.





CONSENT AGENDA
Reports and Recommendations of the City Manager
1.

Approval is recommended to issue a purchase order to Mesa Technical Associates for an amount not to exceed $31,058.00 for replacement batteries at the Blue Valley Power Plant Units 1 and 2, for the Power & Light Department.


Approved


2.

 Approval is recommended to issue a purchase order to Azteca Systems, Inc., in the amount of $60,830.00 for Cityworks Anywhere software and maintenance as part of the Computerized Maintenance Management System (CMMS) Mobile Deployment Initiative for the Water Pollution Control Department.


Approved


3.

Approval is recommended to enter into price agreements (153-09) with Kaw Valley Engineering, Inc., Tetra Tech and Kleinfelder's for construction materials testing services for various departments for the period of July 7, 2009, through June 30, 2010, with two, one-year renewal options. Expenditures will not exceed budgeted amounts.


Approved


4.

Approval is recommended to issue a Purchase Order to Terra Technologies in the amount of $76,730.00 for the surveying, engineering, geotechnical investigations and permitting of stream bank stabilizations at 35th & Grand and at Edwards Circle for the Water Pollution Control Department.


Approved


5.

Approval is recommended to enter into a price agreement (387-09) with USC Technologies, LLC, to provide fly ash removal from the Blue Valley Power Plant at a fixed price of $24.00 per ton for the Power & Light Department for a period of one year, with options to renew in each of the following consecutive four years.



6.

Approval is requested on the application of P & S Center, LLC for a Retailer of Intoxicating Liquor by the Drink License for P & S Center located at 3844 S. Noland Road. This 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 enter into a Park Matching Grant Agreement for $8,641.00 with The Palmer Center Advisory Council and Four Seasons Lawn and Landscape for landscaping in front of the Palmer Center.


Approved


8.

Approval is recommended to enter into a Park Matching Grant Agreement for $10,000 with the Powerhouse Theatre for a sound and lighting upgrade to the theatre.


Approved


9.

Approval is recommended to enter into price agreement (390-09) with Alamar Uniforms for Police Department uniforms for the period July 7, 2009, through June 30, 2010, with two, one-year renewal options at the sole option of the City.  Expenditures will not exceed budgeted amounts.



10.

Approval is recommended to issue Change Order 2 to Purchase Order 125295 to BHC Rhodes in the amount of $5,172.00 for the engineering design of sanitary sewer improvements in the Northern and Westport Storm Drainage Improvements area for the Water Pollution Control Department. This change order will bring the total amount of the purchase order to $93,089.00.



11.

Approval is recommended to issue a purchase order to Pioneer Industrial Corporation in the amount of $38,248.00 for the purchase of three replacement boiler safety valves for the Power & Light Department Missouri City Plant Unit 2 boiler.


Approved


12.

Approval is recommended to enter into  price agreements (193-09) with Deffenbaugh and AAA Disposal Service and  for various City departments for the period of July 1, 2009, through June 30, 2010, for Deffenbaugh. The period for AAA will be from August 1, 2009, through June 30, 2010.  Both agreements will have two, one-year renewal options. Expenditures will not exceed budgeted amounts.



13.

Approval is recommended to enter into a price agreement (294-09) with Carl Heath Tree Service for tree trimming services for the Parks Department. This is a one-year agreement with two, one-year renewal options. Expenditures will not exceed budgeted amounts.



14.

Approval is recommended to enter into price agreements (212-09) with S&S Lawn and Trinity Lawn and Landscape for mowing services for the Water Department. This is a one-year agreement with two, one-year renewal options. Expenditures will not exceed budgeted amounts.




Resolutions:

09-736 - A resolution recognizing Kim Osborne, Administrative Assistant to the Mayor, as the Employee of the Month for July, 2009.



09-737 - A resolution amending the Pay Plan for represented City employees as enumerated herein on and after the first day of July 2009.


Res. #5543


09-738 - A resolution amending the Pay Plan for non-represented City employees as enumerated herein on and after the first day of August 1, 2009.




ORDINANCES

09-089 - 2R. An ordinance authorizing execution of a contract with Burns and McDonnell for the Little Blue Parkway Phases 7 and 8 Engineering Services for an amount not to exceed $457,091.00, authorizing approval of administrative change orders not to exceed $45,700.00 or for time adjustments, and increasing appropriations.



09-090 - 2R. An ordinance authorizing a contract with Radmacher Brothers Excavating for the Jackson Drive Improvements between Prairie Landing and Holke Road for an amount not to exceed $2,741,002.96 and authorizing approval of administrative change orders not to exceed $274,000.00 or for time adjustments.



09-091 - 2R. An ordinance authorizing and directing the City Manager to execute an American Recovery and Reinvestment Act Federal Aid Program Agreement with the Missouri Highways and Transportation Commission for the Little Blue Parkway between R.D. Mize Road and Necessary Road.



09-092 - 2R. An ordinance authorizing a service agreement with Southwestern Public Service Company (“SPS”) providing for the purchase of reserve sharing energy pursuant to the rates, terms, and conditions of the Xcel Energy Operating Companies Joint Open Access Transmission Tariff.



09-093 - 2R. An ordinance authorizing a contract with Beemer Construction Company, Inc. for installation of ductile iron pipe and steel encasement on Crane St. (Walnut St. to the South), Ferguson Spring Rd. (North of Bundschu Rd.) and Lake City Valley Rd. (South of Heidelburger Rd.). Project No. C09-256-9748 and C09-154-70400801, in the amount of $193,700.00, and authorizing the City Manager to approve future minor change orders in a total amount not to exceed $19,370.00, and/or for time extensions.



09-094 - 2R. An ordinance amending Article 6 of Chapter 8 of the City Code to revise and update the acceptable methods of announcing and advertising bid opportunities.



09-095 - 2R. An ordinance finding the Walnut Street Neighborhood Improvement District to be completed, assessing the costs of such project against the properties liable therefore, and providing for the collection of such special assessments.




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

09-096 - 1R. An ordinance approving a Zoning Map Amendment by changing the zoning classification from M-1 (Industrial) to M-1-SU (Industrial with a Special Use Permit for scrap and waste material) for the property located north of Truman Road and west of Yuma Avenue at 1100 S. Yuma. Case No. 09-200-04



09-097 - 1R. An ordinance authorizing an agreement with Centerpoint Medical Center to provide specialized general public transportation for older adults, the disabled and the transportation disadvantaged.



09-098 - 1R. An ordinance clarifying facilities eligible for real property tax abatement and establishing the real property tax abatement rate for the Independence Enhanced Enterprise Zone.



09-099 - 1R. An ordinance amending Ordinance No. 17331 and approving Amendment No.1 for the enhanced enterprise zone and established real property tax abatement rate for the Independence Enhanced Enterprise Zone West.



09-100 - 1R. An ordinance authorizing 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 of monies available through the U.S. Department of Housing and Urban Development for services to low/moderate income persons, and authorizing the City Manager to sign certain limited change orders.



09-101 - 1R. 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 39th Street Improvements, Noland Road to Crysler Avenue, Project No. 70110803.



09-102 -1R. An ordinance authorizing and directing the City Manager of the City of Independence, MO to accept funding for five cooperative projects from the Missouri Division of Tourism totaling $221,372.00, increasing estimated revenues by $221,372.00 and appropriating $221,372.00 in the FY 2009-2010 Tourism Department operating budget.


1st R.


09-103 -1R. An ordinance authorizing a contract with Athletic & Rehabilitation Center for physical abilities testing services for the period August 1, 2009, through July 31, 2010, with two, one-year renewal options. Expenditures will not exceed budgeted amounts.



09-104 - 1R. An ordinance authorizing the City Manager to sign a contract with HDR/ Archer Engineers for Sanitary Sewer Evaluation Survey Report for Rock Creek, Sugar Creek, and Mill Creek Watersheds in the amount of $249,100.00 and authorizing change order for $24,910.00 and/or time extensions from the Sanitary Sewer Fund.


1st R.


09-105 - 1R. Approval is recommended to enter into a contract with Deer Oaks EAP Services, to provide employee assistance program services to City employees, and their eligible dependents, August 1, 2009 through June 30, 2010.  The contract contains two, one year renewal options, at the sole option of the City.



09-106 - 1R. An ordinance authorizing the City Manager to enter into a cooperative agreement with Jackson County, MO for the transfer of funds to be used for the environmental remediation of hazardous materials present at the property located at 315 N. Main Independence, MO.



09-107 - 1R. An ordinance authorizing the City Manager to enter into a contract with Lutz, Daily & Brain, LLC, in the amount of $153,400.00 for Engineering and Construction Support related to the future replacement of the Blue Valley Power Plant Cooling Towers for the Power & Light Department.



09-108 -1R. An Ordinance authorizing the City Manager to sign a contract with Terra Technologies for the native plant revegetation of the South & Willis, 39th & Coachman, and St. Clair Park Detention Basins, a Supplemental Environmental Project, for an amount not to exceed $109,050.00; and authorizing the City Manager to approve minor change orders (not to exceed $10,905.00) and time extensions.


1st R.


09-536 - An emergency ordinance approving the Final Plat of Texas Hilltop, 1st Plat, a subdivision located north of E. 40th Terrace S., west of S. Queen Ridge Drive and south of E. 39th Street S. Case No. 09-320-05



09-537 - An emergency ordinance approving the Final Plat of Eastland Center - 9th Plat - Area V – Replat, Lots 17A and 17B, a replat of Lot 17, a commercial subdivision located east of S. Herman Court, north of Little Blue River and south of E. Valley View Parkway. Case#09-320-06



09-538 - An emergency ordinance authorizing and directing the City Manager to execute an assignment of certain obligations under the Eastland TIF agreement indicating City consent to the assignment; and declaring an emergency.



INFORMATION ONLY:
1.

Emergency Purchase Order 128635 was issued to JCI Industries, Inc., in the amount of $45,713.00 for the repair and reconditioning of a combustion turbine motor at the H5 Substation for the Power & Light Department.


Reported


2.

Emergency Purchase Order 128604 was issued to Houston Excavating & Demolition in the amount of $51,718.00 for the demolition of the old Furr's Cafeteria Building at 16202 E. U.S. 24 Hwy.


Reported



CITIZEN REQUESTS
1.

Erin Burroughs requests to speak to Council regarding public transit.



2.

Stacie Macon requests to speak to Council regarding flooding on north Glenwood at Kentucky.




COUNCILMEMBER COMMENTS

ADJOURNMENT

"Is It Good For The Children?"