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Last Published: 2/20/2008 1:44:49 PM
KANSAS CITY COUNCIL RECORD
 
Upon Roll Call the following members were present:
Presided:1 - MARK FUNKHOUSER
Present:11 - DEB HERMANN, BILL SKAGGS, RUSS JOHNSON, MELBA CURLS, SHARON SANDERS BROOKS, BETH GOTTSTEIN, JAN MARCASON, CINDY CIRCO, TERRY RILEY, CATHY JOLLY, JOHN SHARP
Excused:1 - ED FORD
 

080162
COMMUNICATION - Notice from the City Clerk regarding the Annual Budget, City of Kansas City, Missouri, Fiscal Year 2008-2009, submitted to the City Council of Kansas City, Missouri.


Received And Filed

Ayes: 11 - Hermann, Skaggs, Johnson, Curls, Gottstein, Marcason, Circo, Riley, Jolly, Sharp, Funkhouser
Nays: 0

080167
COMMUNICATION - Notice received by the City Clerk regarding the Proposed Annual Budget for the Zona Rosa Community Improvement District for fiscal year 2008-09.


Received And Filed

Ayes: 11 - Hermann, Skaggs, Johnson, Curls, Gottstein, Marcason, Circo, Riley, Jolly, Sharp, Funkhouser
Nays: 0

080168
COMMUNICATION - Notice received by the City Clerk regarding the Proposed Annual Budget for the KCI/I-29, Inc. Community Improvement District for fiscal year 2008-09.


Received And Filed

Ayes: 11 - Hermann, Skaggs, Johnson, Curls, Gottstein, Marcason, Circo, Riley, Jolly, Sharp, Funkhouser
Nays: 0

080169
COMMUNICATION - Notice received by the City Clerk regarding the Proposed Annual Budget for the Antioch Center Community Improvement District for fiscal year 2008-09.


Received And Filed

Ayes: 11 - Hermann, Skaggs, Johnson, Curls, Gottstein, Marcason, Circo, Riley, Jolly, Sharp, Funkhouser
Nays: 0

080170
COMMUNICATION - Notice received by the City Clerk regarding the Proposed Annual Budget for the Martin City Community Improvement District for fiscal year 2008. Notice also includes 2006 and 2007 financial statement and resolutions passed in 2006.


Received And Filed

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

080171
COMMUNICATION - Notice received by the City Clerk regarding the Proposed Annual Budget for the 39th Street Community Improvement District for fiscal year 2008. Notice also includes 2004-2007 financial statement and resolutions passed from 2004-2007.


Received And Filed

Ayes: 11 - Hermann, Skaggs, Johnson, Curls, Gottstein, Marcason, Circo, Riley, Jolly, Sharp, Funkhouser
Nays: 0

080172
COMMUNICATION - Notice received by the City Clerk regarding the Proposed Annual Budget for the 3-Trails Community Improvement District for fiscal year 2008. Notice also includes 2005 and 2007 financial statement and resolutions passed in 2003 and 2006.


Received And Filed

Ayes: 11 - Hermann, Skaggs, Johnson, Curls, Gottstein, Marcason, Circo, Riley, Jolly, Sharp, Funkhouser
Nays: 0

080074
RESOLUTION - Adopting the Main Street Corridor Streetscape Master Plan for that area that extends one-half block to the east and west of Main Street from 30th Street to 44th Street.


Adopted

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

080107
Approving the plat of Whitehall Condominium Replat, 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. (SD1073B)


Passed

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

080108
Approving the plat of QuikTrip Store No. 238, an addition in Clay County, Missouri; accepting and releasing various easements; 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. (SD1378)


Passed

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

080109
Repealing Ordinance No. 070645 that approved the plat of First Replat of Beacon Hill Block 1, Lots 3 through 6 and enacting a new ordinance that approves the plat of First Replat of Beacon Hill Block 1, Lots 3 through 5, an addition in Jackson County, Missouri; accepting various easements; and authorizing the City Clerk to record this ordinance and attached documents. (SD1167A)


Passed

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

080124
Authorizing the Director of City Development to execute a Covenant to Maintain Surface Drainage Easement For Public Stormwater for the plat of The Village Seventh Plat, an addition in Clay County, Missouri, and authorizing the City Clerk to record this ordinance and attached agreement.


Passed

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

080101
Authorizing Amendment One to a Cooperative Agreement for Sewer Service between Kansas City, Missouri and Lee’s Summit, Missouri.


Passed

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

080094
RESOLUTION - Directing the City Auditor to conduct an audit of the finances and functions of the Global Trade Commission.


Councilmember Riley Move To Hold On Docket



Held on Docket (2/21/2008)

080120
Approving a settlement agreement with Sprint in an amount of $13,353,743.51; authorizing the City Attorney to execute the necessary documents; reiterating the City’s establishment of the current residential and business split for fees payable by wireless telephone service providers going forward; authorizing payment of attorneys fees in the amount of $667,687.18; estimating and appropriating revenue; providing for a payment to the Missouri Municipal League of $250,000.00; and recognizing an emergency.


Passed

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

080121
Approving a settlement agreement with AT&T Mobility in the amount of $9,207,080.32; authorizing the City Attorney to execute the necessary documents; reiterating the City’s establishment of the current residential and business split for fees payable by wireless telephone service providers going forward; authorizing payment of attorneys fees of $460,354.02; estimating and appropriating revenue; and recognizing an emergency.


Passed

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

080114
RESOLUTION - Determining compliance of the Graphic Arts Building "353" Development Plan by the Finance Building Redevelopment Corporation located at 934 Wyandotte Street, at the northwest corner of 10th Street and Wyandotte Street, and authorizing the Director of City Development to issue a Certificate of Full Compliance. (635-S-1)


Adopted

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

080115
Approving the assignment of certain development rights with respect to the Graphic Arts Lofts (Graphic Arts Building) Redevelopment Project by the Finance Building Redevelopment Corporation to Old Town Partners XII, L.P.; releasing Finance Building Redevelopment Corporation as it relates to those certain development rights and authorizing execution of an Assignment and Assumption Agreement with Finance Building Redevelopment Corporation and Old Town Partners XII, L.P. (635-S-1)


Passed

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

071079
Amending the Building and Rehabilitation Code, Chapter 18, Code of Ordinances and amending the Fire Prevention and Protection Code, Chapter 26, Code of Ordinances by repealing Sections 26-3301.2, 26-3301.2.1, 26-3301.2.2, 26-3301.2.3, 26-3301.2.4, 26-3301.2.5 and 26-3301.2.6 and enacting in lieu thereof two new Sections 26-3307 and 18-400, pertaining to blasting and the use of explosives in mining or construction.


Passed

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

071255
Amending Chapter 10, Code of Ordinances, by repealing Sections 10-1, Definitions, and 10-211, Number of retail alcoholic beverage licenses, and enacting in lieu thereof new sections of like number and subject matter which adds the definition of a Kansas City Population Update Report and under 10-211(3) adds the option for an applicant to request a Kansas City Population Update Report in place of the most recent U.S. Decennial Census as the Kansas City Population Update Report may provide a more up to date report of the population in the requested area.


Passed

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

080084
Authorizing acceptance of a $477,541.00 grant award with the U.S. Department of Justice, Bureau of Justice Assistance, to provide funding to support a Community Justice Program and targeting violence prevention and reduction initiatives for the City of Kansas City, Missouri,and designating requisitioning authority.


Passed

Ayes: 12 - Hermann, Skaggs, Johnson, Curls, Sanders Brooks, Gottstein, Marcason, Circo, Riley, Jolly, Sharp, Funkhouser
Nays: 0
 
 Councilmember Hermann Move to Waive Charter Requirement
MOVE THAT THE CHARTER REQUIREMENTS FOR READING OF ORDINANCE NO(S): ADVANCE CONSENTS: There are no advance consents this week. ADVANCE DEBATES: 080083 (sub) 080142 080155 ON THREE SEPARATE DAYS BE WAIVED AND THAT THIS ORDINANCE BE ADVANCED FOR FINAL READING AND CONSIDERATION AT THIS TIME.
 
Ayes: 12 - Hermann, Skaggs, Johnson, Curls, Sanders Brooks, Gottstein, Marcason, Circo, Riley, Jolly, Sharp, Funkhouser
Nays: 0

080083
(Sub.)
Vacating Grove Street between 18th Street and 19th Street, Kansas City, Jackson County, Missouri, retaining a utility easement, and directing the City Clerk to record certain documents. (1583-V)


Passed as Substituted

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

080142
Accepting and approving a $615,000.00 cooperative agreement with the Missouri Department of Health and Senior Services to provide HIV medications and services for persons living with HIV/AIDS living within Missouri’s seven county TGA (transitional grant area); and declaring an emergency


Passed

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

080155
Authorizing a Lease with CoSentry, LLC at the Kansas City International Airport.


Passed

Ayes: 12 - Hermann, Skaggs, Johnson, Curls, Sanders Brooks, Gottstein, Marcason, Circo, Riley, Jolly, Sharp, Funkhouser
Nays: 0
 
 Councilmember Johnson Move to Waive Charter Requirement
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, Johnson, Curls, Sanders Brooks, Gottstein, Marcason, Circo, Riley, Jolly, Sharp, Funkhouser
Nays: 0

080137
Approving and authorizing settlement of a claim for workers' compensation benefits filed by Dwight Mangrum for injuries resulting from an accident on October 20, 2003, while employed by the City.


Assigned to Third Read Calendar

080152
Amending Section 2-112, code of ordinances, entitled “Duties of city auditor” by requiring the City Auditor to provide copies of each audit or report provided to the City Council to the Municipal Officials and Officers Ethics Commission.


Assigned to Third Read Calendar

080082
Vacating N. Potter Avenue north of N.E. 98th Terrace, Kansas City, Clay County, Missouri, and directing the City Clerk to record certain documents. (1582-V)


Assigned to Third Read Calendar

080133
Releasing various easements in Jackson County, Missouri, and directing the City Clerk to record the documents.


Add to Consent Docket

080134
Approving the plat of Hunt Midwest Business Park – First Plat, Replat of Lot 14, an addition in Clay County, Missouri; accepting and releasing various easements; establishing grades on public ways; and authorizing the City Clerk to record this ordinance and attached documents. (SD0956C)


Add to Consent Docket

080105
Appropriating $264,057.00 from the Unappropriated Fund Balance of the Neighborhood Tourist and Development Fund and approving contracts with various agencies in the total amount of $96,350.00 for events and projects from the Neighborhood Tourist and Development Fund.


Assigned to Third Read Calendar

080140
Accepting and approving an $83,922.00 contract with the Missouri Department of Health and Senior Services that provides funding to enhance the capability of Kansas City to respond to a pandemic outbreak through initiating community-wide planning efforts and upgrading existing response; establishing revenue in the amount of $55,948.00 in the Governmental Grants Fund; and appropriating it to the Community Pandemic Preparedness Planning accounts of the Governmental Grants Fund.


Assigned to Third Read Calendar

080143
Accepting and approving a one year $40,000.00 contract amendment with the Missouri Department of Health and Senior Services that provides funding for implementing a comprehensive immunization educational program designed to promote adolescent immunization in the City of Kansas City, Missouri; and increasing revenue and appropriations in the amount of $40,000.00 in the Governmental Grants Fund.


Assigned to Third Read Calendar

080102
(Sub.)
Amending Chapter 6, Code of Ordinances, by repealing Sections 6-46, Fees and charges for commercial uses at airport, 6-47, Commercial ground transportation vehicles operating at the airport, and 6-48, Use fee for commercial ground transportation operating at the Airport and enacting new sections of like number and subject matter, and establishing an effective date.


Assigned Third Read Calendar as Substituted

080131
Authorizing execution of a five-year agreement with 2 one-year renewal options with First Student for employee bus service at Kansas City International Airport and the expenditure of previously appropriated funds in an amount not to exceed $543,266.00.


Assigned to Third Read Calendar

080144
Authorizing a $4,000,000.00 Facility Repair and Maintenance Contract for Project No. 62TENIMP with Gardner Construction Company, Inc. for airport tenant improvements; authorizing the Kansas City Aviation Department to expend $1,000,000.00 for the first phase of the improvement from previously appropriated funds; and authorizing the Kansas City Aviation Department to expend an additional $3,000,000.00 for the later phases of the improvements from future appropriations by the City Council.


Assigned to Third Read Calendar

080146
Authorizing a $404,016.00 contract with Dennis Johnson Construction, Inc., for Project No. 89003668, 59th Street and Norfleet sanitary sewer improvements; authorizing the City Manager to amend and increase this contract by up to $40,402.00; authorizing the City Manager to expend $444,418.00 for the contract; assessing the properties benefited; and recognizing an emergency.


Assigned to Third Read Calendar
 
 Councilmember Skaggs 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 8-9 OF TODAY’S DOCKET AND THAT THESE ORDINANCES BE INTRODUCED AS LISTED TO THE COMMITTEE SO DESIGNATED.
 
Ayes: 12 - Hermann, Skaggs, Johnson, Curls, Sanders Brooks, Gottstein, Marcason, Circo, Riley, Jolly, Sharp, Funkhouser
Nays: 0

080141
Accepting the recommendations of the Tax Increment Financing Commission as to and approving the Sixth Amendment to the Chouteau I-35 Tax Increment Financing Plan.


Referred to Finance and Audit Committee

080158
Estimating revenues in the amount of $71,743.00 in the GO Bond Series 2003 F and appropriating the same to the Library District E account; reducing appropriations in the amount of $649,884.00 in the Capital Improvements Sales Tax Fund; appropriating that amount to Library District E account; authorizing a $1,010,419.00 contract with MEGA Industries Corp. for Project No. 89008132, Library District E Streetscape; authorizing the City Manager to amend and increase this contract by up to $101,000.00; authorizing the City Manager to expend up to $1,111,419.00 for the contract; and recognizing an emergency.


Referred to Finance and Audit Committee

080165
Estimating and appropriating $500,000.00 from the anticipated sale of general obligation bonds; authorizing the Director of Parks and Recreation to expend $500,000.00 for the Tree Replacement Planting FY08 project (Project No.70400135); authorizing the Director of Finance to close out accounts at the end of the project; declaring the City’s intent to reimburse itself for certain expenditures; and recognizing an emergency.


Referred to Finance and Audit Committee

080174
Authorizing and approving certain documents and actions in connection with the issuance of Tax Increment Refunding and Improvement Revenue Bonds (Valencia Place Redevelopment Project) Series 2008, by the Industrial Development Authority of the City of Kansas City, Missouri, in an aggregate principal amount not to exceed $27,000,000.00 to provide funds to refund one prior series of bonds issued by the Tax Increment Financing Commission of Kansas City, Missouri and to fund a redevelopment project in the City and to finance or refinance certain redevelopment project costs.


Referred to Finance and Audit Committee

080160
Appropriating the sum of $659,849.00 from the Unappropriated Fund Balance of Fund 2430, Arterial Street Impact Fee to the Shoal Creek Parkway Extension project for the construction phase of Shoal Creek Parkway Extension A and recognizing an emergency.


Referred to Planning and Zoning Committee

080166
Approving the plat of Brookside Condominium, an addition in Jackson County, Missouri; accepting various easements; and authorizing the City Clerk to record this ordinance and attached documents. (SD1377A)


Referred to Planning and Zoning Committee

080173
Declaring the area generally located at Missouri Highway 350 between Westridge Road and Noland Road to be a blighted area and its redevelopment necessary for the preservation of the public peace, prosperity, health, safety, morals and welfare.


Referred to Planning and Zoning Committee

080159
Amending Chapter 10, Code of Ordinances, by repealing Section 10-331, General requirements for all licensees, and enacting in lieu thereof a new section of like number and subject matter which requires all licensees to post a dress code if a dress code is enforced on the premises.


Referred to Public Safety and Neighborhoods Committee

080163
Accepting and approving a $237,050.00 contract amendment with the Missouri Department of Health and Senior Services to provide additional funding for the City’s public health preparedness program and to support Local Public Health Agency planning efforts to respond to a bioterrorism attack over a large geographic area; increasing revenue and appropriation in the amount of $176,741.00 in the Governmental Grants Fund


Referred to Public Safety and Neighborhoods Committee

080164
Amending Chapter 10, Code of Ordinances, by repealing Section 10-212, Distance from churches or schools, and enacting in lieu thereof a new section of like number and subject matter which allows a church or school to approve a liquor establishment closer than 300 feet.


Referred to Public Safety and Neighborhoods Committee
 
 Councilmember Johnson Move To Introduce
 
Ayes: 12 - Hermann, Skaggs, Johnson, Curls, Sanders Brooks, Gottstein, Marcason, Circo, Riley, Jolly, Sharp, Funkhouser
Nays: 0

080175
Approving and authorizing final settlement of a claim by Jay Kimball, Claim No. T0708-0502A.


Adopted

Ayes: 12 - Hermann, Skaggs, Johnson, Curls, Sanders Brooks, Gottstein, Marcason, Circo, Riley, Jolly, Sharp, Funkhouser
Nays: 0
 
 Councilmember Johnson Move To Introduce
 
Ayes: 12 - Hermann, Skaggs, Johnson, Curls, Sanders Brooks, Gottstein, Marcason, Circo, Riley, Jolly, Sharp, Funkhouser
Nays: 0

080176
Approving and authorizing final settlement of a claim by Jane Cummings, Claim No. T0708-0502C.


Adopted

Ayes: 12 - Hermann, Skaggs, Johnson, Curls, Sanders Brooks, Gottstein, Marcason, Circo, Riley, Jolly, Sharp, Funkhouser
Nays: 0
 
 Councilmember Funkhouser Move To Introduce
 
Ayes: 12 - Hermann, Skaggs, Johnson, Curls, Sanders Brooks, Gottstein, Marcason, Circo, Riley, Jolly, Sharp, Funkhouser
Nays: 0

080177
RESOLUTION - Appointing Katherine Bromfield Emke as Judge of the Kansas City Municipal Division of the Sixteenth Judicial Circuit Court of Missouri.


Adopted

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