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Last Published: 1/14/2010 4:52:39 PM
KANSAS CITY COUNCIL RECORD
 
Upon Roll Call the following members were present:
Presided:1 - MARK FUNKHOUSER
Present:10 - DEB HERMANN, ED FORD, RUSS JOHNSON, MELBA CURLS, SHARON SANDERS BROOKS, JAN MARCASON, CINDY CIRCO, TERRY RILEY, CATHY JOLLY, JOHN SHARP
Out:1 - BILL SKAGGS
Excused:1 - BETH GOTTSTEIN
 

100042
RESOLUTION - Honoring Hallmark Cards, Inc. on its 100th anniversary.


Adopted

Ayes: 11 - Hermann, Ford, Johnson, Curls, Sanders Brooks, Marcason, Circo, Riley, Jolly, Sharp, Funkhouser
Nays: 0

100043
RESOLUTION - Honoring the Kansas City Free Health Clinic for the 2-Day Free Health Clinic for the Uninsured on December 9-10, 2009.


Adopted

Ayes: 11 - Hermann, Ford, Johnson, Curls, Sanders Brooks, Marcason, Circo, Riley, Jolly, Sharp, Funkhouser
Nays: 0

100045
RESOLUTION - Honoring Ryan Nace, Gretchen Nace and Becky Nace Schumacher on receiving the first Military Members and Their Family's award.


Adopted

Ayes: 11 - Hermann, Ford, Johnson, Curls, Sanders Brooks, Marcason, Circo, Riley, Jolly, Sharp, Funkhouser
Nays: 0

100041
COMMUNICATION - Notice received from the Performing Arts Community Improvement District regarding their Proposed Operating Budget for fiscal year 2010/11.


Received And Filed

Ayes: 10 - Ford, Johnson, Curls, Sanders Brooks, Marcason, Circo, Riley, Jolly, Sharp, Funkhouser
Nays: 0

100046
COMMUNICATION - Notice of Temporary Traffic Regulations Numbers 60400 through 60465


Received And Filed

Ayes: 10 - Ford, Johnson, Curls, Sanders Brooks, Marcason, Circo, Riley, Jolly, Sharp, Funkhouser
Nays: 0

091052
Amending the 2009 One Year Action Plan by reducing the allocation for public services; increasing the allocation for code enforcement in the General Fund and Community Development Block Grant Fund; and recognizing an emergency.


Passed

Ayes: 10 - Ford, Johnson, Curls, Sanders Brooks, Marcason, Circo, Riley, Jolly, Sharp, Funkhouser
Nays: 0

091047
Approving the plat of Performing Arts District, an addition in Jackson County, Missouri; accepting and releasing various easements; establishing grades on public ways; vacating a portion of a street; 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. (SD1326A)


Passed

Ayes: 10 - Ford, Johnson, Curls, Sanders Brooks, Marcason, Circo, Riley, Jolly, Sharp, Funkhouser
Nays: 0

091058
Repealing Ordinance No. 080865 authorizing the Director of City Development to enter into an Assignment and Assumption Agreement; enacting a new ordinance authorizing the Director of City Development to enter into an Assignment and Assumption Agreement for two temporary construction easements for the plat of Air World Twenty-Seventh Plat; accepting the Assignment and Assumption Agreement; and authorizing the City Clerk to record this ordinance and attached documents.


Passed

Ayes: 10 - Ford, Johnson, Curls, Sanders Brooks, Marcason, Circo, Riley, Jolly, Sharp, Funkhouser
Nays: 0

091009
Approving the preliminary plat of Columbus Park/Guinotte Manor Phase III on a 20 acre tract of land generally located between 3rd Street on the north, about 100 feet east of Gillis Street on the east, 5th Street on the south and Cherry Street on the west. (SD 1416)


Passed

Ayes: 10 - Ford, Johnson, Curls, Sanders Brooks, Marcason, Circo, Riley, Jolly, Sharp, Funkhouser
Nays: 0

091020
RESOLUTION - Amending the Martin City/Richards Gebaur Area Land Use Plan by changing the recommended land use on about 1.39 acres generally located at the northeast corner of 135th Street and Charlotte Street to change the proposed use from residential medium density to mixed-use neighborhood. (212-S-14)


Adopted

Ayes: 10 - Ford, Johnson, Curls, Sanders Brooks, Marcason, Circo, Riley, Jolly, Sharp, Funkhouser
Nays: 0

091021
Rezoning an area of approximately 1.39 acres generally located at the northeast corner of 135th Street and Charlotte Street from Districts RA and R-3 to District CP-1. (13814-CP-1)


Passed

Ayes: 10 - Ford, Johnson, Curls, Sanders Brooks, Marcason, Circo, Riley, Jolly, Sharp, Funkhouser
Nays: 0

091048
Approving the preliminary plat of Grand Boulevard Lofts on a 0.25 acre tract of land generally located at the southwest corner of 10th Street and Grand Boulevard. (SD-1420)


Passed

Ayes: 10 - Ford, Johnson, Curls, Sanders Brooks, Marcason, Circo, Riley, Jolly, Sharp, Funkhouser
Nays: 0

091049
Approving an amendment to a previously approved preliminary plan in District R-5-p on a 27 acre tract of land generally located on the east side of Raytown Road, about 700 feet north of 53rd Street. (7050-P-12)


Passed

Ayes: 10 - Ford, Johnson, Curls, Sanders Brooks, Marcason, Circo, Riley, Jolly, Sharp, Funkhouser
Nays: 0

091054
Declaring the area generally located between Gladstone Boulevard on the north, Elmwood Avenue and Jackson Avenue on the east, Independence Avenue on the south and Askew Avenue on the west, as a blighted and insanitary area in need of redevelopment and rehabilitation pursuant to the Missouri Land Clearance for Redevelopment Authority law and approving the Scarritt Renaissance II Urban Renewal Plan. (653-S-1)


Passed

Ayes: 10 - Ford, Johnson, Curls, Sanders Brooks, Marcason, Circo, Riley, Jolly, Sharp, Funkhouser
Nays: 0

091056
Rezoning an area of approximately 4.7 acres generally located at the northeast corner of W. 103rd Street and Wornall Road from District CP-2 to District C-2. (5772-CP-11)


Passed

Ayes: 10 - Ford, Johnson, Curls, Sanders Brooks, Marcason, Circo, Riley, Jolly, Sharp, Funkhouser
Nays: 0

091057
(Sub.)
Rezoning an area of approximately 4.7 acres generally located at the northeast corner of W. 103rd Street and Wornall Road from District C-2 to District PD/C-2, and approving a development plan for the same. (5772-PD-12)  


Passed as Substituted

Ayes: 10 - Ford, Johnson, Curls, Sanders Brooks, Marcason, Circo, Riley, Jolly, Sharp, Funkhouser
Nays: 0

091046
Accepting and approving a $911,600.00 contract amendment with the Missouri Department of Health and Senior Services to provide funding for activities related to the implementation of a customized local plan for a possible pandemic outbreak; increasing revenue in the amount of $717,733.00 and appropriating it into the Pandemic Preparedness account of the Governmental Grants Fund; and recognizing an emergency.


Passed

Ayes: 10 - Ford, Johnson, Curls, Sanders Brooks, Marcason, Circo, Riley, Jolly, Sharp, Funkhouser
Nays: 0

091050
Authorizing an Indemnification Agreement running with the land between the City of Kansas City, Missouri, and Riverstone Apartments LLC in connection with an encroachment of an apartment building in a sanitary sewer easement granted to the City; and directing the City Clerk to record this ordinance and this agreement.


Passed

Ayes: 10 - Ford, Johnson, Curls, Sanders Brooks, Marcason, Circo, Riley, Jolly, Sharp, Funkhouser
Nays: 0

091055
Reducing and re-appropriating funds in the amount of $95,000.00 from the Leaves and Brush Drop-off program in the General Fund to the Leaves and Brush Collection program in the General Fund to cover cost associated with a leaf and brush collection contract.


Passed

Ayes: 10 - Ford, Johnson, Curls, Sanders Brooks, Marcason, Circo, Riley, Jolly, Sharp, Funkhouser
Nays: 0

091067
(Sub.)
Repealing Committee Substitutes for Resolution Nos. 960416 and 990443 for the purpose of dissolving the Kansas City, Missouri Parking Commission and the Kansas City, Missouri Parking Authority; and establishing the Kansas City, Missouri Parking and Transportation Commission for the purposes of identifying, studying and making recommendations for addressing parking and transportation needs within the City.


Passed as Substituted

Ayes: 10 - Ford, Johnson, Curls, Sanders Brooks, Marcason, Circo, Riley, Jolly, Sharp, Funkhouser
Nays: 0
 
 Councilmember Johnson Move to Waive Charter Requirement
MOVE THAT THE CHARTER REQUIREMENTS FOR READING OF ORDINANCE NO(S): ADVANCE CONSENTS: 100009 100023 ADVANCE DEBATES: 090980 (2sub) 100012 100016 100024 100025 100026 100014 100013 100017 ON THREE SEPARATE DAYS BE WAIVED AND THAT THIS ORDINANCE BE ADVANCED FOR FINAL READING AND CONSIDERATION AT THIS TIME.
 
Ayes: 10 - Ford, Johnson, Curls, Sanders Brooks, Marcason, Circo, Riley, Jolly, Sharp, Funkhouser
Nays: 0

100009
Approving and authorizing settlement of a claim for workers' compensation benefits filed by James Taylor for injuries from an accident on April 2, 2003, while employed by the City.


Passed

Ayes: 10 - Ford, Johnson, Curls, Sanders Brooks, Marcason, Circo, Riley, Jolly, Sharp, Funkhouser
Nays: 0

100023
Accepting a MARC Solid Waste Management District Grant in the amount of $49,679.00 to implement the project titled Deramus Recycling Drop-off Center Improvements; appropriating funds in the amount of $49,679.00; and designating requisitioning authority.


Passed

Ayes: 10 - Ford, Johnson, Curls, Sanders Brooks, Marcason, Circo, Riley, Jolly, Sharp, Funkhouser
Nays: 0

090980
(Sub.)
Amending Chapter 2 of the Code of Ordinances by repealing Section 2-113 and enacting in its place a new section, relating to contract and agency audits.


Passed As Second Substitute

Ayes: 10 - Ford, Johnson, Curls, Sanders Brooks, Marcason, Circo, Riley, Jolly, Sharp, Funkhouser
Nays: 0

100014
Accepting and approving a one-year $605,466.00 consolidated communicable disease prevention contract with the Missouri Department of Health and Senior Services to provide funding for HIV Surveillance, Perinatal Hepatitis B Case Management and Sexually Transmitted Disease Control services; and increasing appropriations in the amount of $6,606.00 in the Governmental Grants Fund.


Passed

Ayes: 10 - Ford, Johnson, Curls, Sanders Brooks, Marcason, Circo, Riley, Jolly, Sharp, Funkhouser
Nays: 0

100012
Authorizing a $471,333.56 contract with Trinity Excavating & Construction for Project No. 89003767; authorizing the City Manager to amend and increase this contract by up to $47,133.44; authorizing the City Manager to expend $60,000.00 for project administration; authorizing the City Manager to expend $578,467.00 for the project; and assessing the properties benefited.


Passed

Ayes: 10 - Ford, Johnson, Curls, Sanders Brooks, Marcason, Circo, Riley, Jolly, Sharp, Funkhouser
Nays: 0

100013
Authorizing a $649,119.00 contract with Trinity Excavation & Construction for Project No. 89003728; authorizing the City Manager to amend and increase this contract by up to $64,920.00; authorizing the City Manager to expend $714,039.00 for the project; and assessing the properties benefited.


Passed

Ayes: 10 - Ford, Johnson, Curls, Sanders Brooks, Marcason, Circo, Riley, Jolly, Sharp, Funkhouser
Nays: 0

100016
Authorizing a $294,849.95 contract with Kincaid Construction, Inc. for Project No. 89003372, Leeds Road and Hunter Avenue Sanitary Sewer; authorizing the City Manager to amend and increase this contract by up to $29,485.05; authorizing the City Manager to expend $60,000.00 for project administration; authorizing the City Manager to expend $384,335.00 for the project; and assessing the properties benefited.


Passed

Ayes: 10 - Ford, Johnson, Curls, Sanders Brooks, Marcason, Circo, Riley, Jolly, Sharp, Funkhouser
Nays: 0

100017
Authorizing a $440,701.50 contract with Rodriguez Mechanical Contractors, Inc. for Project No. 89003453, NE 68th and N. Belmont Sanitary Sewer; authorizing the City Manager to amend and increase this contract by up to $44,070.50; authorizing the City Manager to expend $484,772.00 for the project; and assessing the properties benefited.


Passed

Ayes: 10 - Ford, Johnson, Curls, Sanders Brooks, Marcason, Circo, Riley, Jolly, Sharp, Funkhouser
Nays: 0

100024
Authorizing an $870,815.33 contract with Trinity Excavating & Construction, Inc. for Project No. 89003768 NE 55th and N. Bennington Rd. Sanitary Sewer; authorizing the City Manager to amend and increase this contract by up to $87,081.67; authorizing the City Manager to expend $90,000.00 for project administration; authorizing the City Manager to expend $1,047,897.00 for the project; and assessing the properties benefitted.


Passed

Ayes: 10 - Ford, Johnson, Curls, Sanders Brooks, Marcason, Circo, Riley, Jolly, Sharp, Funkhouser
Nays: 0

100025
Authorizing the Director of Water Services to enter into a $9,649,649.64 contract with Garney Companies, Inc. for Contract No. 8575, Project No. 80001316, Arrowhead Transmission Main - Phase 2; authorizing the Director of Water Services to expend up to $10,132,131.64 from previously appropriated funds; authorizing the Director of Water Services to charge up to $413,604.00 for estimated project management costs for the project; and authorizing the Director of Finance to return unexpended appropriations to the appropriate account.


Passed

Ayes: 10 - Ford, Johnson, Curls, Sanders Brooks, Marcason, Circo, Riley, Jolly, Sharp, Funkhouser
Nays: 0

100026
Approving a $1,196,214.00 contract with CH2M Hill, Inc. for Contract No. 992, Project Nos. 81000541 and 81000561, Rocky Branch and Todd Creek WWTP Effluent Disinfection Design and Capacity Analysis; authorizing the Director of Water Services to expend $1,196,214.00 for the project; and authorizing the Director of Finance to return unexpended appropriations to the appropriate account.


Passed

Ayes: 10 - Ford, Johnson, Curls, Sanders Brooks, Marcason, Circo, Riley, Jolly, Sharp, Funkhouser
Nays: 0
 
 Councilmember Ford Move to Waive Charter Requirement
MOVE THAT THE CHARTER REQUIREMENTS FOR READING OF THE ORDINANCE ON THREE SEPARATE OCCASIONS IS WAIVED FOR THE ORDINANCES ON SECOND READING ON PAGES 8-9 TODAY’S DOCKET AND THAT THESE ORDINANCES BE PLACED ON THE DOCKET NEXT WEEK FOR THIRD READING.
 
Ayes: 10 - Ford, Johnson, Curls, Sanders Brooks, Marcason, Circo, Riley, Jolly, Sharp, Funkhouser
Nays: 0

090981
(Sub.)
Establishing the Special Allocation Agency Fund in the records of the City; funding and appropriating a total of $5,581,399.00 in the fund; designating requisitioning authority; stating the intention of the Council to limit the time frame in which the City will make available reported economic activity taxes for reimbursements for redevelopment project costs in new tax increment financing plans and projects and amendments to existing tax increment financing plans and projects; and requesting the Tax Increment Financing Commission of Kansas City, Missouri, to implement this policy.


Assigned Third Read Calendar as Substituted

100002
Amending Chapter 10, Code of Ordinances, by repealing section 10-105, general requirements for temporary and annual catering permits, and enacting in lieu thereof a new section of like number and subject matter which will allow any liquor-by-the-drink licensee the opportunity to apply for and receive a temporary or annual catering permit.


Assigned to Third Read Calendar

100015
(Sub.)
Reducing an appropriation in the Bridge Rehabilitation Program Fund in the amount of $200,000.00; appropriating $200,000.00 from the Unappropriated Fund Balance of the 2007 GO Bond Fund to the NW Hampton Road project; authorizing an increase in the contingency of a contract with HB Construction, Inc., for the NW Hampton Road Bridge Replacement Over Brush Creek project in the amount of $200,000.00; authorizing the City Manager to expend $200,000.00 for the contract; and recognizing an emergency.


Assigned Third Read Calendar as Substituted

100021
Authorizing a $25,000.00 Amendment No. 5 to an Agreement with TranSystems Corporation for Project No. 89001236 – N.W. 64th-68th Street (Gower) Connector; and authorizing the City Manager to expend $25,000.00 from previously appropriated funds for the project.


Assigned to Third Read Calendar

100031
(Sub.)
Authorizing a development agreement among the Planned Industrial Expansion Authority of Kansas City, Missouri, CenterPoint Zimmer LLC, the Industrial Development Authority of the City of Kansas City, Missouri, and the City for the development of a campus for the National Nuclear Security Agency; estimating revenue in the amount of $20,750,000.00; and appropriating it and authorizing its expenditure for the Botts Road Project.


Assigned Third Read Calendar as Substituted
 
 Councilmember Ford Move to Waive Charter Requirement
MOVE THAT THE CHARTER REQUIREMENT FOR READING OF ORDINANCES ON THREE SEPARATE OCCASIONS BE WAIVED FOR THE ORDINANCES ON FIRST READING ON PAGES 10-12 OF TODAY’S DOCKET AND THAT THESE ORDINANCES BE INTRODUCED AS LISTED TO THE COMMITTEE SO DESIGNATED.
 
Ayes: 10 - Ford, Johnson, Curls, Sanders Brooks, Marcason, Circo, Riley, Jolly, Sharp, Funkhouser
Nays: 0

100044
Authorizing the Director of Convention and Entertainment Facilities to enter into a one year utilities concessions contract with Green Wave Technology, Inc., for the provision of electrical, telephone, internet, and water connectivity to clients and customers at the Kansas City Convention Center and Municipal Auditorium.


Referred to Finance and Audit Committee

100047
RESOLUTION - Directing the City Manager to present options for restructuring the City’s revenue sources.


Referred to Finance and Audit Committee

100050
RESOLUTION - Directing the Department Directors of Kansas City, Missouri and pledging the City Council of Kansas City, Missouri to assist the Greater Downtown Area Plan Implementation Committee in activities related to the recommendations of the Greater Downtown Area Plan for an area generally bounded by the City of North Kansas City on the north, 31st Street on the south, Woodland Avenue on the east and State Line Road on the west.


Referred to Planning and Zoning Committee

100040
Authorizing the Director of Housing and Community Development to execute a contract with the Mid-America Regional Council (“MARC”) to implement the Neighborhood Stabilization Program 2 under the American Recovery and Reinvestment Act of 2009.


Referred to Housing Committee

100034
Authorizing the Director of City Development to execute a Covenant to Maintain Agreement for a Public Storm Water Detention Facility for the plat of Barry Pointe Office Park-Second Plat, Lot 2, an addition in Clay County, Missouri, and authorizing the City Clerk to record this ordinance and attached agreement.


Referred to Planning and Zoning Committee

100035
Releasing three sewer easements in Jackson County, Missouri, and directing the City Clerk to record the releases.


Referred to Planning and Zoning Committee

100048
Authorizing the Director of Public Works to execute a cooperative agreement with the City of Lake Waukomis, Missouri and the Lake Waukomis Association, Inc. regarding the detachment of approximately 10.33 acres generally bounded by North Green Hills Road/N.W. Waukomis Drive on east, Platte Brooke Drive on the north, NW 72nd Terrace on the south, and the City of Lake Waukomis on the west, and regarding the dedication of street right of way and easements necessary for the re-construction of Waukomis Drive and Green Hills Road; and detaching that area upon the subsequent annexation of said property by the City of Lake Waukomis.


Referred to Planning and Zoning Committee

100049
RESOLUTION - Approving the Greater Downtown Area Plan as a guide for the future development, redevelopment and public investment within the area bounded generally by the city limits of North Kansas City on the north, the state line on the west, 31st Street on the south and Woodland Avenue on the east; and amending the Garfield-Independence Plaza Area Plan, the Downtown East Area Plan, the Santa Fe Area Plan, the Main Street Corridor Land Use and Development Plan, and the Washington Wheatley/Wendell Phillips/Downtown East Neighborhood Planning Study by deleting the portion of these plans covered by the Greater Downtown Area Plan; and repealing and replacing the Beacon Hill/Longfellow Area Plan, the Central Industrial District Area Plan, the Columbus Park Area Plan, the Downtown Industrial Area Plan, the Downtown Land Use and Development Plan, the Market Square Area Plan, and the Westside Area Plan. (Case Nos. 675-S, 201-S-9, 242-S-6, 214-S-6, 581-S-6, and 413-S-10)


Referred to Planning and Zoning Committee

100033
Authorizing the Director of Public Works to execute a five (5) year contract with Town and Country Disposal of Western Missouri, Inc. for curbside residential refuse collection and disposal services; and authorizing the Director of Public Works to exercise five (5) one-year renewals of the contract.


Referred to Transportation and Infrastructure Committee

100036
Authorizing a $575,070.00 Amendment No. 2 to an agreement with S.K. Design Group, Inc. for Project No. 62090341 – Business Class Parking for a total contract amount of $852,618.00; and authorizing the Director of Aviation to expend $632,577.00 for the contract.


Referred to Transportation and Infrastructure Committee

100037
Authorizing the execution of a ten year lease with 2 ten-year renewals of Building 2 and other specified land at the Overhaul Base at the Kansas City International Airport between the City of Kansas City, Missouri, and Jet Midwest, Inc.


Referred to Transportation and Infrastructure Committee

100038
Authorizing the execution of a short term lease of Building 1 (Narrow Body Hangar) and other specified land at the Overhaul Base at the Kansas City International Airport between the City of Kansas City, Missouri, and Jet Midwest, Inc.


Referred to Transportation and Infrastructure Committee

100039
Authorizing the execution of a ten year lease with 2 ten-year renewals of Building 1 (Narrow Body Hangar) and other specified land at the Overhaul Base at the Kansas City International Airport between the City of Kansas City, Missouri, and Jet Midwest, Inc., to begin within 24 months.


Referred to Transportation and Infrastructure Committee
 
 Councilmember Sharp Move To Introduce
 
Ayes: 10 - Ford, Johnson, Curls, Sanders Brooks, Marcason, Circo, Riley, Jolly, Sharp, Funkhouser
Nays: 0

100051
RESOLUTION - Expressing support for the people of Haiti in the aftermath of the horrendous disaster of January 12, 2010 and urging appropriate support of disaster relief efforts.


Adopted

Ayes: 10 - Ford, Johnson, Curls, Sanders Brooks, Marcason, Circo, Riley, Jolly, Sharp, Funkhouser
Nays: 0
 
 Councilmember Circo Move To Introduce

100052
RESOLUTION - Authorizing the City Attorney to take any legal actions he determines appropriate to challenge the lawfulness of any initiative petitions that would impact the City’s ability to continue its earnings and profits tax.


Referred to Finance and Audit Committee
 
MISCELLANEOUS BUSINESS