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Last Published: 4/8/2010 11:01:00 AM
KANSAS CITY COUNCIL RECORD
 
Upon Roll Call the following members were present:
Presided:1 - MARK FUNKHOUSER
Present:10 - BILL SKAGGS, ED FORD, RUSS JOHNSON, MELBA CURLS, SHARON SANDERS BROOKS, BETH GOTTSTEIN, JAN MARCASON, TERRY RILEY, CATHY JOLLY, JOHN SHARP
Excused:2 - DEB HERMANN, CINDY CIRCO
 

100267
COMMUNICATION - Emergency Regulations E41048-E41052


Received And Filed

Ayes: 9 - Skaggs, Ford, Johnson, Curls, Gottstein, Marcason, Riley, Sharp, Funkhouser
Nays: 0

100269
COMMUNICATION - Emergency Regulations E41053-E41054


Received And Filed

Ayes: 9 - Skaggs, Ford, Johnson, Curls, Gottstein, Marcason, Riley, Sharp, Funkhouser
Nays: 0

100284
RESOLUTION - Declaring the City Council’s support for enactment of Property-Assessed Clean Energy (PACE) legislation by the Missouri General Assembly.


Adopted

Ayes: 10 - Skaggs, Ford, Johnson, Curls, Gottstein, Marcason, Riley, Jolly, Sharp, Funkhouser
Nays: 0

100172
Vacating the plat of The Preserve Fifth Plat, Kansas City, Clay County, Missouri, and directing the City Clerk to record certain documents. (1613-V)


Passed

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

100180
(Sub.)
Approving the plat of Churchill Condominium, A Replat of Units 4-B & 4-C, 9-B & 9-C, 9-E & 9-F, 11-A & 11-B, 11-E & 11-F, 12-C & 12-F, 12-D & 12-E and 13-A, an addition in Jackson County, Missouri; 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. (SD1107E)


Passed as Substituted

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

100188
Releasing one easement in Clay County, Missouri, and directing the City Clerk to record the release.


Passed

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

100208
Releasing a storm sewer easement located in Lot 1, The Brywood Centre, in Jackson County, Missouri, and directing the City Clerk to record the release.


Passed

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

100209
Authorizing the Director of City Development to execute two Subordination Agreements with KCP&L Greater Missouri Operations Company (KCP&L) and Tiffany Square, Inc. (Developer) for KCI TIF - NW Skyview Avenue (Project No. PW201010006) and KCI TIF - Ambassador Drive (2A & 2B) (Project No. PW200900037) in Platte County, Missouri; and authorizing the City Clerk to record this ordinance and attached Subordination Agreements.


Passed

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

100213
Authorizing the Director of General Services to execute a lease agreement with K.C. Partners for the 8th floor lease at OakTower. That the Director of General Services Department is authorized, on behalf of the City, to execute a lease agreement with K.C. Partners beginning May 1, 2010 and ending April 30, 2012 for the annual Lease rate of $129,597.00 the first year ($10,799.75 month) and $134,780.88 the second year ($11,231.74). Funds have been identified in account # 1000-101200-B-617100.


Passed

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

100204
(Sub.)
Accepting the recommendations of the Tax Increment Financing Commission as to the Eighth Amendment to the Southtown Corridor/31st & Baltimore Tax Increment Financing Plan and approving the Eighth Amendment to the Southtown Corridor/31st & Baltimore Tax Increment Financing Plan.


Passed as Substituted

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

100207
(Sub.)
Appropriating from the Unappropriated Fund balance of the Public Safety Sales Tax Fund; transferring Funds of $220,000.00 to Project No. 070A0162 - 1% for Art Fund – South Patrol Police Facility; authorizing the City Manager to expend up to $220,000.00 for the project; and designating requisitioning authority. BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:


Councilmember Marcason Move to Amend

Seconded by Councilmember Sharp
Ayes: 11 - Skaggs, Ford, Johnson, Curls, Sanders Brooks, Gottstein, Marcason, Riley, Jolly, Sharp, Funkhouser
Nays: 0


Passed as Substituted and Amended

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

100217
Authorizing the execution and delivery of a financing agreement with the Tax Increment Financing Commission of Kansas City, Missouri, in connection with the Union Hill Tax Increment Financing Plan.


Passed

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

100175
(Sub.)
RESOLUTION - Directing the City Manager to prepare a plan to provide sanitary sewer service to the First and Second Creek and Little Blue River Watersheds of Kansas City, Missouri and report back to the Council in 90 days.


Councilmember Ford Move to Amend

Seconded by Councilmember Sharp
Ayes: 11 - Skaggs, Ford, Johnson, Curls, Sanders Brooks, Gottstein, Marcason, Riley, Jolly, Sharp, Funkhouser
Nays: 0


Adopted as Substituted and Amended

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

100187
(Sub.)
Rezoning an area of approximately 10.6 acres (including right of way) generally located at the northwest corner of N.W. 115th Street and N.W. Prairie View Road from District B3-3 to District KCIA. (12922-GP-2)


Passed as Substituted

Ayes: 11 - Skaggs, Ford, Johnson, Curls, Sanders Brooks, Gottstein, Marcason, Riley, Jolly, Sharp, Funkhouser
Nays: 0
 
 Councilmember Ford Move to Waive Charter Requirement
I MOVE THAT THE CHARTER REQUIREMENTS FOR READING OF ORDINANCE NO(S): ADVANCE CONSENTS: 100234 100235 100225 100258 ADVANCE DEBATES: 100228 (sub) 100246 091064 (sub) 100232 100263 100266 100239 ON THREE SEPARATE DAYS BE WAIVED AND THAT THIS ORDINANCE BE ADVANCED FOR FINAL READING AND CONSIDERATION AT THIS TIME.
 
Ayes: 11 - Skaggs, Ford, Johnson, Curls, Sanders Brooks, Gottstein, Marcason, Riley, Jolly, Sharp, Funkhouser
Nays: 0

100234
Approving and authorizing settlement of a lawsuit entitled Arlene Thurston v. Daniel Thurston and the City of Kansas City, Missouri, Case No. 06CY-CV09282.


Passed

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

100235
Approving and authorizing settlement of a claim by 911 E. Walnut, LLC, Claim No. T0910-0015BBB.


Passed

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

100225
Authorizing a $6,290.00 Amendment No. 2 to an Agreement with Delich, Roth & Goodwillie, P.A., for Project No. 89003646 - Highway 40 & Marsh Avenue Sanitary Sewer; and authorizing the City Manager to expend $6,290.00 from previously appropriated funds for the project.


Passed

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

100258
Reducing appropriations in the Capital Improvements Fund in the amount of $19,000.00 and appropriating it to an account in the Capital Improvements Fund for the Briarcliff Greenway Trail project in the Second Council District.


Passed

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

100228
(Sub.)
Estimating revenue in the amount of $1,729,698.00 in the Convention and Tourism Fund and appropriating $339,840.00 for the operations of the Convention and Entertainment Facilities Department.


Passed as Substituted

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

100239
Accepting and approving a one-year grant award in the amount of $3,276,117.00 from the U.S. Department of Health and Human Services, to provide funding for Ryan White Title I services; increasing revenue and appropriations in the amount of $1,622,610.00 in the Ryan White Title I accounts; increasing revenue and appropriations in the amount of $184,913.00 in the Minority AIDS Initiative accounts of the Ryan White Grants Fund; authorizing the Director of Health to spend appropriated funds; and recognizing an emergency.


Passed

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

100246
Accepting and approving a one-year $710,000.00 contract with the Missouri Department of Health and Senior Services to provide funding for HIV case management services in Kansas City, Missouri; increasing both revenue and appropriations in the amount of $363,665.00 in the Governmental Grants Fund; and recognizing an emergency.


Passed

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

091064
(Sub.)
Estimating and appropriating $775,751.48 in the General Fund; authorizing the Director of General Services to enter into a $5,983,585.00 contract with Johnson Controls for energy conservation measures in various City buildings; authorizing the Director of General Services to expend up to $6,000,000.00 for the Energy Conservation Project #1 and authorizing the Director of Finance to return unexpended appropriations to the appropriate account.


Passed as Substituted

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

100232
Reducing and appropriating $599,009.16 in several accounts in the Capital Improvements Fund for the purpose of funding various projects as part of the Riverfront Heritage Trail; designating requisitioning authority; and recognizing an emergency.


Passed

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

100263
Authorizing a $760,500.00 agreement with Delich Roth and Goodwillie, PA Engineers for design professional services for the Front Street Improvement Study and Riverfront Trail; estimating revenue; and authorizing the Director of Public Works to expend previously appropriated funds.


Passed

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

100266
Authorizing the Director of General Services to execute a contract for Job Order Contracting Services with Kellogg Brown & Root Services, Inc. for minor construction, renovation, repair and alteration projects for City facilities with funds appropriated for such purpose in the City’s Annual Budget and authorizing the Director to exercise the City’s four one year renewal options without City Council approval.


Passed

Ayes: 11 - Skaggs, Ford, Johnson, Curls, Sanders Brooks, Gottstein, Marcason, 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 7-8 TODAY’S DOCKET AND THAT THESE ORDINANCES BE PLACED ON THE DOCKET NEXT WEEK FOR THIRD READING.
 
Ayes: 10 - Skaggs, Ford, Johnson, Curls, Sanders Brooks, Gottstein, Marcason, Jolly, Sharp, Funkhouser
Nays: 0

100236
Accepting the recommendations of the Tax Increment Financing Commission and approving the First Amendment to the Brywood Centre Tax Increment Financing Plan.


Assigned to Third Read Calendar

100257
Authorizing the Director of Finance to accept the proposal of Banc of America Public Capital Corporation for the acquisition of computer hardware and software equipment to be used by the Information Technology Department under a Master Equipment Lease/Purchase Agreement in an approximate principal amount not to exceed $2,451,756.00; estimating and appropriating $2,451,756.00 in lease proceeds; authorizing the execution of any and all documents and agreements necessary for the financing; declaring the intent of the City to reimburse itself from the lease purchase proceeds for certain expenditures; authorizing the Director of Finance to close project accounts upon project completion; and designating requisitioning authorities.


Assigned to Third Read Calendar

100229
Authorizing the Director of Parks and Recreation to execute a five-year lease beginning March 1, 2010, at no cost to the City, of approximately 0.791 acres owned by the Missouri Department of Transportation along I-29 for park purposes associated with the Anita Gorman Park.


Add to Consent Docket

100231
Authorizing the Director of Public Works to execute a second amendment to a lease agreement with Mid-America Regional Council for the purpose of allowing the installation of communications equipment and a closed-circuit camera on the East Patrol Tower.


Add to Consent Docket

100233
Releasing a permanent storm sewer drainage facility easement from the F. R. Langley Family Trust in Jackson County, Missouri and directing the City Clerk to record the release.


Add to Consent Docket

100237
Authorizing execution of a Professional Services Contract between Kansas City, Missouri and Kuhn & Wittenborn for the Kansas City Aviation Department and the expenditure of previously appropriated funds in an amount not to exceed $2,000,000.00.


Assigned to Third Read Calendar

100238
Authorizing an increase in the contingency of a contract with Interstate Improvement, Inc., for Project No. 62080330 – Airfield Pavement Repairs, in the amount of $1,000,000.00; and authorizing the Director of Aviation to expend funds for the project.


Assigned to Third Read Calendar
 
 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 9-11 OF TODAY’S DOCKET AND THAT THESE ORDINANCES BE INTRODUCED AS LISTED TO THE COMMITTEE SO DESIGNATED.
 
Ayes: 9 - Skaggs, Ford, Johnson, Curls, Gottstein, Marcason, Jolly, Sharp, Funkhouser
Nays: 0

100268
Establishing Fund No. 3396, the 2010B Taxable G.O. Bond Fund; estimating revenues in the amount of $3,473,467.00 in the Series 2010A G.O. Bond Fund (Fund No. 3395) and appropriating the same; reducing appropriations in Fund No. 3395 by $7,673,061.00; estimating revenues in the amount of $10,195,000.00 in the Series 2010B Taxable G.O. Bond Fund (Fund No. 3396) and appropriating the same; authorizing the City Manager to transfer $10,097,088.00 of encumbrances from Fund No. 3395 to Fund 3396; designating requisitioning authorities; and authorizing the Director of Finance to close project accounts upon completion.


Referred to Finance and Audit Committee

100274
(Sub.)
Amending Article VIII of the Administrative Code of Kansas City, Missouri relating to the Classification and Compensation Plan, amends Sections 2-1075, 2-1076, 2-1077, 2-1078, 2-1079, 2-1080, 2-1081, 2-1082, 2-1083, 2-1099, and 2-1100 and adopting in lieu thereof new sections of like number which sets the new salaries for the Mayor, Council Members and Judges, creates eight new classifications for the MAST merger with the Kansas City Fire Department, eliminates two and re-title/bands three job classifications and increases the maximum salaries of the pay grades by one percent for M-class non-exempt, exempt and those pay grades covered by the Memorandum of Understanding between the City of Kansas City, Missouri and Local 500 American Federation of State, County and Municipal Employees, AFL-CIO and allows for one additional day of vacation for certain individuals with twenty or more years of continuous service.


Referred to Finance and Audit Committee

100273
Appropriating $100,000.00 from the General Fund and authorizing the Acting Director of Neighborhood and Community Services to execute a contract with UMKC Center for Economic Information in the amount of $100,000.00 for provision of a housing conditions survey.


Referred to Housing Committee

100271
Approving the plat of Brighton Crossing Condominium Twelfth Plat, an addition in Clay County, Missouri; 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. (SD1230L)


Referred to Planning and Zoning Committee

100282
RESOLUTION - Amending the Gashland Area Plan and Map for an area of approximately 100 acres generally bounded by N.W. Barry Road on the south, U.S. Highway 169 on the west, N.W. 88th Street on the north and N. Baltimore Avenue and N. Wyandotte Avenue on the east, by recommending medium density residential and office commercial and retail commercial uses instead of low density residential, open space and retail commercial uses. (215-S-21)


Referred to Planning and Zoning Committee

100283
Approving the Metro North Mall PIEA General Development Plan for an area of approximately 100 acres generally bounded by N.W. Barry Road on the south, U.S. Highway 169 on the west, N.W. 88th Street on the north and N. Baltimore Avenue and N. Wyandotte Avenue on the east, and declaring the area included in such plan to be a blighted and insanitary area in need of redevelopment and rehabilitation pursuant to the Missouri Planned Industrial Expansion Authority Law. (679-S)


Referred to Planning and Zoning Committee

100270
Repealing Ordinance No. 070595, condemning and taking standard sewer and temporary easements on private properties and enacting a new ordinance condemning and taking standard sewer and temporary easements on private properties for the construction and maintenance of sanitary sewers in the vicinity of 39th Street and Blue Ridge Cut Off in Kansas City, Jackson County, Missouri; providing for the payment of just compensation therefore; authorizing continued negotiations by the Capital Improvement Management Office; and directing the City Clerk to file this ordinance with the Recorder of Deeds in Jackson County, Missouri.


Referred to Transportation and Infrastructure Committee

100272
Authorizing Amendment 5 to a Water Purchase Agreement between Kansas City, Missouri and Missouri-American Water Company.


Referred to Transportation and Infrastructure Committee

100275
Declaring it necessary to change and re-establish the grades for construction of N. Brighton Avenue, between Missouri Route 210 and NE Parvin Road, including any cross-streets involved in construction, all in Kansas City, Clay County, Missouri; and directing the City Clerk to cause a notice to be published as provided for herein.


Referred to Transportation and Infrastructure Committee

100276
Declaring it necessary to establish the grades for construction of Manchester Trafficway and Colorado Avenue, all in Kansas City, Jackson County, Missouri; and directing the City Clerk to cause a notice to be published as provided for herein.


Referred to Transportation and Infrastructure Committee

100277
Authorizing the Director of Public Works to execute a five-year cooperative agreement in the amount of $619,095.75 with Mid-America Regional Council (MARC) for the operation of signals for Operation Greenlight and authorizing the Director of Public Works to expend funds for the contract.


Referred to Transportation and Infrastructure Committee

100278
Amending Chapter 70, Code of Ordinances, by enacting a new Section 70-541, Authorized emergency vehicle parking, pertaining to the reservation of parking spaces for authorized emergency vehicles.


Referred to Transportation and Infrastructure Committee

100279
Amending Chapter 70, Code of Ordinances, by enacting a new Section 70-540, Diplomatic vehicle parking, pertaining to the reservation of parking spaces for diplomatic vehicles.


Referred to Transportation and Infrastructure Committee

100280
Authorizing the City Manager to execute a consent decree with the United States of America to settle alleged violations of the federal Clean Water Act and provide for a 25-year implementation schedule for the City’s Overflow Control Plan.


Referred to Transportation and Infrastructure Committee

100281
Authorizing the City Manager to execute a settlement agreement with the State of Missouri to settle alleged violations of the Missouri Clean Water Law.


Referred to Transportation and Infrastructure Committee
 
 Councilmember Ford Move To Introduce

100285
Authorizing the Director of Finance to execute an amended and restated financing agreement for the Briarcliff West Tax Increment Financing Plan to make adjustments to the project to be constructed by Briarcliff Development Company.


Referred to Finance and Audit Committee
 
 Councilmember Johnson Move To Introduce
 
Ayes: 9 - Skaggs, Ford, Johnson, Curls, Gottstein, Marcason, Riley, Sharp, Funkhouser
Nays: 0

100286
Amending Ordinance No. 091067 by adopting a new Section 9 for the purpose of allowing an appointed member of the Kansas City, Missouri Parking and Transportation Commission to designate an alternate to fill their seat during any meeting they are unable to attend.


Councilmember Johnson Move to Advance

Seconded by Councilmember Ford
Ayes: 9 - Skaggs, Ford, Johnson, Curls, Gottstein, Marcason, Riley, Sharp, Funkhouser
Nays: 0


Passed

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

100287
Reducing appropriations in the KCMAC Leasehold Improvements 2003C-1 account; estimating interest and appropriating it to project accounts; and authorizing the Director of Public Works to expend the funds on the projects.


Referred to Transportation and Infrastructure Committee
 
MISCELLANEOUS BUSINESS
 
 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.