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Last Published: 2/24/2011 12:24:15 PM
KANSAS CITY COUNCIL RECORD
 
Upon Roll Call the following members were present:
Presided:1 - MARK FUNKHOUSER
Present:11 - DEB HERMANN, BILL SKAGGS, ED FORD, MELBA CURLS, SHARON SANDERS BROOKS, BETH GOTTSTEIN, JAN MARCASON, CINDY CIRCO, TERRY RILEY, CATHY JOLLY, JOHN SHARP
Excused:1 - RUSS JOHNSON
 

110107
RESOLUTION - Declaring February 7-14, 2011, as Congenital Heart Defect Awareness Week throughout the City of Kansas City, Missouri.


Adopted

Ayes: 12 - Hermann, Skaggs, Ford, Curls, Sanders Brooks, Gottstein, Marcason, Circo, Riley, Jolly, Sharp, Funkhouser
Nays: 0

110093
COMMUNICATION - Notice from the City Clerk regarding the Annual Budget for the City of Kansas City, Missouri, Fiscal Year 2011-2012, submitted to the City Council of Kansas City, Missouri.


Received And Filed

Ayes: 12 - Hermann, Skaggs, Ford, Curls, Sanders Brooks, Gottstein, Marcason, Circo, Riley, Jolly, Sharp, Funkhouser
Nays: 0

110094
COMMUNICATION - Notice from the Westport Community Improvement District regarding submission of their proposed budget for FY 2011-12.


Received And Filed

Ayes: 12 - Hermann, Skaggs, Ford, Curls, Sanders Brooks, Gottstein, Marcason, Circo, Riley, Jolly, Sharp, Funkhouser
Nays: 0

110095
COMMUNICATION - Notice from the Skelly Community Improvement District regarding submission of their proposed budget for FY 2011-12.


Received And Filed

Ayes: 12 - Hermann, Skaggs, Ford, Curls, Sanders Brooks, Gottstein, Marcason, Circo, Riley, Jolly, Sharp, Funkhouser
Nays: 0

110109
COMMUNICATION - Notice to the Mayor and City Council from the City Clerk pursuant to Rule 28-A, listing the Semi-Annual Docket items considered by the Finance and Audit Committee, Housing Committee, Planning & Zoning Committee, and Transportation & Infrastructure Committee to be released as indicated. The Legislative Committee, Public Safety & Neighborhoods Committee and Special Committee for Emergency Services, had no Semi-Annual Docket items to consider.


Received And Filed

Ayes: 12 - Hermann, Skaggs, Ford, Curls, Sanders Brooks, Gottstein, Marcason, Circo, Riley, Jolly, Sharp, Funkhouser
Nays: 0

110072
RESOLUTION - Consenting to the transfer by Land Trust of vacant property to be designated by the Director of the Neighborhood and Community Services Department for repair, rehabilitation and redevelopment.


Adopted

Ayes: 12 - Hermann, Skaggs, Ford, Curls, Sanders Brooks, Gottstein, Marcason, Circo, Riley, Jolly, Sharp, Funkhouser
Nays: 0

110030
(Sub.)
RESOLUTION - Replacing the Line Creek Valley Area Plan, and Line Creek Development Plan, a portion of the Briarcliff-Davidson Antioch Area Plan, Gashland Area Plan and Kansas City International Airport Area Plan with the Line Creek Area Plan for an area bounded by Highway 152 on the north, the City Limits of Parkville, Missouri, the City Limits of Riverside, Missouri and portions of the unincorporated areas of Platte County, Missouri on the south, the City Limits of Gladstone, Missouri on the east and the City Limits of Kansas City, Missouri on the west.


Adopted as Substituted

Ayes: 12 - Hermann, Skaggs, Ford, Curls, Sanders Brooks, Gottstein, Marcason, Circo, Riley, Jolly, Sharp, Funkhouser
Nays: 0

110099
RESOLUTION - Expressing the Mayor and Council’s opposition to SB 109 and any similar “Right-to-Work” legislation and directing the City Clerk to prepare and transmit copies of this Resolution.  


Adopted

Ayes: 12 - Hermann, Skaggs, Ford, Curls, Sanders Brooks, Gottstein, Marcason, Circo, Riley, Jolly, Sharp, Funkhouser
Nays: 0
 
 Councilmember Hermann Move to Waive Charter Requirement
I MOVE THAT THE CHARTER REQUIREMENTS FOR READING OF ORDINANCE NO(S): ADVANCE CONSENTS: There are no consent items this week. ADVANCE DEBATES: 1. 110085 4. 110024 7. 110059 10. 110081 2. 110089 5. 110076 8. 110060 (sub) 3. 110021 6. 110058 9. 110068 ON THREE SEPARATE DAYS BE WAIVED AND THAT THESE ORDINANCES BE ADVANCED FOR FINAL READING AND CONSIDERATION AT THIS TIME.
 
Ayes: 12 - Hermann, Skaggs, Ford, Curls, Sanders Brooks, Gottstein, Marcason, Circo, Riley, Jolly, Sharp, Funkhouser
Nays: 0

110085
Appropriating $3,000,000.00 from the Unappropriated Fund Balance of the Legal Claims Fund.


Passed

Ayes: 12 - Hermann, Skaggs, Ford, Curls, Sanders Brooks, Gottstein, Marcason, Circo, Riley, Jolly, Sharp, Funkhouser
Nays: 0

110089
Reducing the Contingent Appropriation in the General Fund by $300,000.00; appropriating it to the HEDFC Property Maintenance account in the General Fund to cover the repayment of HEDFC Receiver’s Real Estate Owned (REO) assets that are non-compliant with the U.S. Department of Housing and Urban Development’s national objectives.


Passed

Ayes: 12 - Hermann, Skaggs, Ford, Curls, Sanders Brooks, Gottstein, Marcason, Circo, Riley, Jolly, Sharp, Funkhouser
Nays: 0

110021
Approving a GP development plan in District GP-7 (Agricultural, Low Density Residential) on approximately 17 acres generally located south of Missouri Highway 152 on the west side of N. Childress Avenue, to allow an animal shelter and to allow an existing single family residence and barn to remain. (14100-GP)


Passed

Ayes: 12 - Hermann, Skaggs, Ford, Curls, Sanders Brooks, Gottstein, Marcason, Circo, Riley, Jolly, Sharp, Funkhouser
Nays: 0

110024
Approving the Amended and Restated Armour/Gillham Planning Area and General Development Plan on about 54 acres generally located on either side of Armour Boulevard from near Broadway Avenue on the west to The Paseo on the east and declaring that area a blighted and insanitary area in need of redevelopment and rehabilitation pursuant to the Missouri Planned Industrial Expansion Authority Law, Sections 100.300-100.620, RSMo. (636-S-1)


Passed

Ayes: 12 - Hermann, Skaggs, Ford, Curls, Sanders Brooks, Gottstein, Marcason, Circo, Riley, Jolly, Sharp, Funkhouser
Nays: 0

110076
Authorizing condemnation and taking private property interests for public use; for the construction, location and maintenance of Northeast Chouteau Trafficway from Missouri Highway Route 210 to I-35; providing for the payment of just compensation therefore; authorizing continued negotiations by the Capital Project Office; consenting to the filing of the petition for condemnation by the City Attorney on behalf of the City; and authorizing the City Clerk to cause this ordinance to be recorded in the office of the Recorder of Deeds for Clay County, Missouri.


Passed

Ayes: 12 - Hermann, Skaggs, Ford, Curls, Sanders Brooks, Gottstein, Marcason, Circo, Riley, Jolly, Sharp, Funkhouser
Nays: 0

110058
Authorizing a $599,937.00 Amendment No. 5 to an agreement with Bucher, Willis & Ratliff Corporation for engineering design services for the Red Bridge Road Section 2 – Blue River Rd. to Montgall Ave.; and authorizing the City Manager to expend $599,937.00 from funds previously appropriated.


Passed

Ayes: 12 - Hermann, Skaggs, Ford, Curls, Sanders Brooks, Gottstein, Marcason, Circo, Riley, Jolly, Sharp, Funkhouser
Nays: 0

110059
Authorizing the Director of Water Services Department to enter into a $1,097,500.00 contract with Blue Nile Engineering, Inc. for Contract No. 8508, Project No. 80001302, Small Main Replacement on Pipeline Plate J-95, 107th Street to 115th Street, Jackson Avenue to Hillcrest Road; authorizing expenditures of $1,207,250.00 from previously appropriated funds; and authorizing the Director of Finance to return unexpended appropriations to the appropriate account.


Passed

Ayes: 12 - Hermann, Skaggs, Ford, Curls, Sanders Brooks, Gottstein, Marcason, Circo, Riley, Jolly, Sharp, Funkhouser
Nays: 0

110060
(Sub.)
Authorizing the transfer of $744,987.00 in the Capital Improvement Fund from the Public Works Department account to the corresponding Water Services Department account and projects in the Capital Improvement Fund.


Passed as Substituted

Ayes: 12 - Hermann, Skaggs, Ford, Curls, Sanders Brooks, Gottstein, Marcason, Circo, Riley, Jolly, Sharp, Funkhouser
Nays: 0

110068
Authorizing the Director of Public Works to enter into a contract with Radmacher Brothers Excavating, Inc, for construction of Segment 4C MO of the Riverfront Heritage Trail (Madison to State Line); estimating grant revenues in the amount of $1,020,135; appropriating funds in the Capital Improvements Fund; designating requisitioning authority; and recognizing an emergency.


Passed

Ayes: 12 - Hermann, Skaggs, Ford, Curls, Sanders Brooks, Gottstein, Marcason, Circo, Riley, Jolly, Sharp, Funkhouser
Nays: 0

110081
Authorizing the City Manager to enter into and execute a Memorandum of Understanding by and between the City of Kansas City, Missouri; Jackson County, Missouri; the Kansas City Area Transportation Authority; and the Mid-America Regional Council for the collaborative effort to implement the Jackson County/Kansas City Regional Alternatives Analysis Award as announced by the Federal Transit Administration; directing the City Manager to identify funds in the amount of $135,000.00 to be applied towards the City’s local match obligation; approving the Memorandum of Understanding in substantial form; and directing the City Clerk to record the same.


Passed

Ayes: 12 - Hermann, Skaggs, Ford, Curls, Sanders Brooks, Gottstein, Marcason, Circo, Riley, Jolly, Sharp, Funkhouser
Nays: 0
 
 Councilmember Skaggs Move to Waive Charter Requirement
I MOVE THAT THE CHARTER REQUIREMENTS FOR READING OF THE ORDINANCES ON THREE SEPARATE OCCASIONS IS WAIVED FOR THE ORDINANCES ON SECOND READING ON PAGES 6-7 OF TODAY’S DOCKET AND THAT THESE ORDINANCES BE PLACED ON THE DOCKET NEXT WEEK FOR THIRD READING.
 
Ayes: 12 - Hermann, Skaggs, Ford, Curls, Sanders Brooks, Gottstein, Marcason, Circo, Riley, Jolly, Sharp, Funkhouser
Nays: 0

100985
(Sub.)
Amending Article VI of Chapter 2, Code of Ordinances, entitled “Boards, Commissions and Committees”, by enacting in lieu thereof one new section, Section 2-721.1 which incorporates a Missouri Constitutional provision concerning state residency into the City’s Code of Ordinances for City appointments to certain boards, commissions, and authorities, and requires the City Clerk to annually notify other appointing authorities and community improvement districts of this Constitutional provision.


Assigned Third Read Calendar as Substituted

110057
Adopting the Show Me Green Sales Tax Holiday for City sales taxes on Energy Star certified new appliances from April 19 through April 25, 2011; and directing the City Clerk to provide a certified copy of this ordinance no later than March 1, 2011, to the Missouri Department of Revenue as notice of the City's participation in the sales tax holiday.


Assigned to Third Read Calendar

110023
(Sub.)
Vacating the east-west crossover right of way of N. Ambassador Drive approximately 450 feet south of N.W. 104th Street, Kansas City, Platte County, Missouri, accepting a warranty deed for additional right of way for N. Ambassador Drive, and directing the City Clerk to record certain documents. (1632-V)


Assigned Third Read Calendar as Substituted

110078
Approving the plat of Blue Ridge Crossing III, an addition in Jackson County, Missouri; accepting various easements; establishing grades on public ways; authorizing the Director of City Development to execute and/or accept certain agreements; and authorizing the City Clerk to record this ordinance and attached documents. (SD1196A)


Add to Consent Docket

110079
Approving the plat of Blue Ridge Crossing Detention, an addition in Jackson County, Missouri; accepting various easements; establishing grades on public ways; authorizing the Director of City Development to execute and/or accept certain agreements; and authorizing the City Clerk to record this ordinance and attached documents. (SD1196B)


Add to Consent Docket

110062
(Sub.)
Approving the allocations in the FY 2012-16 Capital Improvements Program preliminary budget and the FY 2012 Neighborhood Conservation Project list as set forth in this ordinance and attached exhibits; stating the Council's intention regarding advance funding of the FY 2012-16 Capital Improvement Program projects and FY 2012 Neighborhood Conservation projects; appropriating funds from the Unappropriated Fund Balance of the Capital Improvements Fund to the Capital Improvements Fund; reducing appropriations in the Capital Improvements Fund; and stating the Council’s intention regarding advance funding for certain capital projects.


Assigned Third Read Calendar as Substituted
 
 Councilmember Skaggs Move to Waive Charter Requirement
I MOVE THAT THE CHARTER REQUIREMENT FOR READING OF ORDINANCES ON THREE SEPARATE OCCASIONS BE WAIVED FOR THE ORDINANCES ON FIRST READING ON PAGES 8-9 OF TODAY’S DOCKET AND THAT THESE ORDINANCES BE INTRODUCED AS LISTED TO THE COMMITTEE SO DESIGNATED.
 
Ayes: 12 - Hermann, Skaggs, Ford, Curls, Sanders Brooks, Gottstein, Marcason, Circo, Riley, Jolly, Sharp, Funkhouser
Nays: 0

110097
Estimating and appropriating revenue in the amount of $2,079,000.00 in the Capital Improvements Fund; appropriating the sum of $1,238,560.00 to various accounts in the 2004F GO Bond Fund; and designating requisitioning authority.


Referred to Finance and Audit Committee

110108
Authorizing the issuance of General Obligation Improvement and Refunding Bonds, Series 2011A, of the City of Kansas City, Missouri in a principal amount not to exceed $145,000,000.00; prescribing the form and details of said bonds; providing for the levy and collection of an annual tax for the purpose of paying the principal of and interest on said bonds as they become due; and authorizing certain other documents and actions in connection therewith.


Referred to Finance and Audit Committee

110096
Estimating revenue, reducing appropriations and appropriating $147,500.00 in the General Fund for funds received through the Isle of Capri Lease; and approving the Revised City Manager’s Certificate for Fiscal Year 2010-2011.


Referred to Planning and Zoning Committee

110101
RESOLUTION - Amending the Shoal Creek Valley Area Plan for a 3.63 acre tract of land generally located on the southeast corner of N. Brighton Avenue and N.E. Soccer Drive by changing the recommended land use from "residential" to "retail uses". (405-S-42)


Referred to Planning and Zoning Committee

110102
Rezoning an area of approximately 26.76 acres generally located on the southeast corner of N. Brighton Avenue and N.E. Soccer Drive from District RA to District CP-2, and approving a preliminary development plan for the same. (14101-CP)


Referred to Planning and Zoning Committee

110103
Rezoning an area of approximately 116.85 acres generally located on the southeast corner of N. Brighton Avenue and N.E. Soccer Drive from District RA to District R-1b. (14101-P-1)


Referred to Planning and Zoning Committee

110104
Approving a preliminary community unit project plan on an area of approximately 116.85 acres in District R-1b (One-Family Dwellings), to allow for 187 single family residential lots, 20 open space tracts, 5 stormwater detention tracts and 2 private park tracts, generally located on the southeast corner of N. Brighton Avenue and N.E. Soccer Drive. (14101-CUP-2).


Referred to Planning and Zoning Committee

110105
Rezoning an area of approximately 26.76 acres generally located on the north side of N.E. Soccer Drive approximately 1,800 feet east of N. Brighton Avenue from District RA to District R-3. (14101-P-3)


Referred to Planning and Zoning Committee

110106
Approving a preliminary community unit project plan on an area of approximately 26.76 acres in District R-3, to allow for 314 multifamily residential units on four lots, 2 open space tracts and 3 stormwater detention tracts, generally located on the north side of N.E. Soccer Drive approximately 1,800 feet east of N. Brighton Avenue. (14101-CUP-4).


Referred to Planning and Zoning Committee

110091
Authorizing a $54,190.00 agreement with Delich, Roth and Goodwillie, P.A. for design professional services for Project No. 89003370, 39th and Blue Ridge Cut-off Sanitary Sewer; authorizing the Director of Water Services Department to expend $54,190.00 in previously appropriated funds for the project; authorizing the Director of Finance to return unexpended appropriations to the appropriate account; and assessing the properties benefited.


Referred to Transportation and Infrastructure Committee

110092
Approving a $234,000.00 Amendment No. 2 with Shafer, Kline and Warren, Inc. for Contract No. 148, Project No. 61000015, Flood Warning System Maintenance # 5; authorizing the Director of Water Services to expend $234,000.00 for this amendment; and authorizing the Director of Finance to return unexpended appropriations to the appropriate account.


Referred to Transportation and Infrastructure Committee

110098
Authorizing the transfer of $472,323.00 in the Capital Improvement Fund from the Public Works Department account to the corresponding Water Services Department account and projects in the Capital Improvement Fund.


Referred to Transportation and Infrastructure Committee

110100
Authorizing the Director of Public Works to execute a contract with Standard Parking to provide the management and operation of the Kansas City Power and Light Parking Garages; authorizing the Director to extend the contract for up to three (3) additional one year periods; authorizing the Director of Public Works to expend up to $245,210.67 from previously appropriated funds.


Referred to Transportation and Infrastructure Committee
 
 Councilmember Riley Move To Introduce

110110
Authorizing the Director of Aviation to amend the Consolidated Rental Car Bus Service and Lease Agreement with KCI RAC, LLC to add additional expenses to the calculation of Cost of Service of the rental car buses and increase the Transportation Facility charge to fully reimburse the rental car companies for the Cost of Service.           


Referred to Transportation and Infrastructure Committee
 
 Councilmember Skaggs Move To Introduce

110111
Amending Chapter 2, Code of Ordinances, by repealing Sections 2-1081, Salary schedule for elective positions in the city service, 2-1082, Salary schedule for council members, and 2-1083, Salary schedule for mayor, and enacting in lieu thereof new sections of like number and subject matter that eliminates annual increases; and establishing an effective date.


Referred to Finance and Audit Committee
 
 Councilmember Circo Move To Introduce
 
Ayes: 12 - Hermann, Skaggs, Ford, Curls, Sanders Brooks, Gottstein, Marcason, Circo, Riley, Jolly, Sharp, Funkhouser
Nays: 0

110112
RESOLUTION - Expressing support for the decision of the Economic Development Corporation (“EDC”) and the Port Authority of Kansas City, Missouri (“Port Authority”) to terminate EDC’s fiscal agent and administrative responsibilities for the Port Authority; and directing the City Manager to work with the Port Authority to develop necessary financial oversight structures and report back to the Council by May 1, 2011.


Councilmember Circo Move to Adopt

Seconded by Councilmember Ford
Ayes: 12 - Hermann, Skaggs, Ford, Curls, Sanders Brooks, Gottstein, Marcason, Circo, Riley, Jolly, Sharp, Funkhouser
Nays: 0


Adopted

Ayes: 12 - Hermann, Skaggs, Ford, Curls, Sanders Brooks, Gottstein, Marcason, Circo, Riley, Jolly, Sharp, Funkhouser
Nays: 0
 
 Councilmember Riley Move to Call from Committee
Riley-Mayor, pursuant to Rule 28, I am calling Committee Substitute for Ordinance No. 100878 out of the Planning and Zoning Committee for docketing next week on Second Reading. The ordinance has been in committee for more than twenty (20) days. Mayor-Pursuant to your request, the City Clerk will docket Committee Subsitute for Ordinance No. 100878 next week for second reading.

100878
(Sub.)
Rezoning an area of approximately 5.76 acres generally located at 4035 Denton from District R-1a to District MPD, and approving a preliminary development plan for the same.


Called Out of Committee
 
MISCELLANEOUS BUSINESS
 
 Consideration of Semi-Annual Docket Items. CLOSED SESSION Closed Session/Litigation Item(s)* Closed Session/Legal Issue(s)** Closed Session/Personnel Issue(s)*** Closed Session/Real Estate Transaction(s)Closed Session/Employee/Labor Negotiation Item(s)***** *Litigation Item(s) may be discussed in a closed session pursuant to §610.021(1) RSMo. because it relates to legal action, causes of actions, or litigation. **Legal Issue(s) will be discussed in closed session pursuant to §610.021(1) RSMo because it relates to confidential and privileged communications between City Council and its attorneys. ***Personnel Issue(s) will be discussed in closed session pursuant to §610.021(3) RSMo because it relates to personnel matter. ****Real estate transaction(s) may be discussed pursuant to Sec. 610.021(2), RSMo. because public knowledge of the transaction(s) at this time might adversely affect the legal consideration therefor. *****Employee/Labor negotiation item(s) may be discussed in a closed session pursuant to §610.021(9) RSMo. because it relates to preparation for negotiations with employee groups. The City Clerk's Office now has equipment for the hearing impaired for use with every meeting. To check out the equipment please see the secretary for each committee. Be prepared to leave your Driver's License or State issued Identification Card with the secretary and she will give you the equipment. Upon returning the equipment your license will be returned.
 
 Mayor-The City Clerk has presented the semi-annual docket which lists those ordinances and resolutions which the City Council committees have requested be released or deemed lost. Is there any member who wants to request that any other ordinance or resolution to be released from semi-annual docket actually remain on the Council's semi-annual docket? (if they care to, members can be recognized and ask that other ordinances be held on the docket) Mayor-The ordinances and resolutions listed by the clerk (and/or requested by a councilmember) to remain on the semi-annual docket, will remain on that docket and the other ordinances included on the semi-annual docket are deemed defeated.