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Last Published: 2/26/2010 8:59:44 AM
KANSAS CITY COUNCIL RECORD
 
Upon Roll Call the following members were present:
Presided:1 - MARK FUNKHOUSER
Present:12 - DEB HERMANN, BILL SKAGGS, ED FORD, RUSS JOHNSON, MELBA CURLS, SHARON SANDERS BROOKS, BETH GOTTSTEIN, JAN MARCASON, CINDY CIRCO, TERRY RILEY, CATHY JOLLY, JOHN SHARP
 

100157
RESOLUTION - Honoring UMKC Law School’s Negotiation Team.


Adopted

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

100158
RESOLUTION - Honoring UMKC Student Tax Challenge.


Adopted

Ayes: 13 - Hermann, Skaggs, Ford, Johnson, Curls, Sanders Brooks, Gottstein, Marcason, Circo, Riley, Jolly, Sharp, Funkhouser
Nays: 0

100160
RESOLUTION - Accepting a 2009 Gold Well Workplace Award from the Wellness Council of America (WELCOA) and honoring the Human Resources Department and Fountain of Health staff for their efforts in developing a best of class wellness program for City employees.


Adopted

Ayes: 13 - Hermann, Skaggs, Ford, Johnson, Curls, Sanders Brooks, Gottstein, Marcason, Circo, Riley, Jolly, Sharp, Funkhouser
Nays: 0

100140
COMMUNICATION - For February, 2010: Accepting various easements in Clay County, Missouri and directing the City Clerk to record the acceptance.


Received And Filed

Ayes: 13 - Hermann, Skaggs, Ford, Johnson, Curls, Sanders Brooks, Gottstein, Marcason, Circo, Riley, Jolly, Sharp, Funkhouser
Nays: 0

100141
COMMUNICATION - For February, 2010: Accepting various easements in Jackson County, Missouri and directing the City Clerk to record the acceptance.


Received And Filed

Ayes: 13 - Hermann, Skaggs, Ford, Johnson, Curls, Sanders Brooks, Gottstein, Marcason, Circo, Riley, Jolly, Sharp, Funkhouser
Nays: 0

100142
COMMUNICATION - For February, 2010: Accepting various easements in Platte County, Missouri and directing the City Clerk to record the acceptance.


Received And Filed

Ayes: 13 - Hermann, Skaggs, Ford, Johnson, Curls, Sanders Brooks, Gottstein, Marcason, Circo, Riley, Jolly, Sharp, Funkhouser
Nays: 0

100143
COMMUNICATION - Notice of Temporary Traffic Regulations Numbers 60466 Through 60559


Received And Filed

Ayes: 13 - Hermann, Skaggs, Ford, Johnson, Curls, Sanders Brooks, Gottstein, Marcason, Circo, Riley, Jolly, Sharp, Funkhouser
Nays: 0

100056
RESOLUTION - Amending the Shoal Creek Valley Area Plan for a 4.2 acre tract of land generally located on the east side of N. Brighton Avenue from Missouri Highway 152 to N.E. Barry Road, by changing the recommended land use designation from residential to retail uses. (405-S-41)


Adopted

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

100111
RESOLUTION - Amending the Gashland/ Nashua Area Plan and Map for an area of approximately .74 acres, generally located at the southeast corner of N.E. 87th Street and North Oak Trafficway, by changing the recommended land use from low density residential to office commercial. (215-S-19)


Adopted

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

100174
RESOLUTION - Expressing support for the City Manager’s efforts to encourage Google to set up a high speed network in Kansas City.


Adopted

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

090988
(Sub.)
Amending Chapter 2, Code of Ordinances, by enacting a new section to be known as Section 2-53, Limitation on contributions for Mayor and Council elections.


Passed as Substituted

Ayes: 10 - Hermann, Ford, Johnson, Curls, Sanders Brooks, Marcason, Circo, Riley, Jolly, Sharp
Nays: 2 - Skaggs, Funkhouser

091071
(Sub.)
Annexing at the request of property owner Swaney Farm Trust, approximately 316.59 acres located generally at the northeast quadrant of Missouri Route 92 and N. Winan Road, in Platte County, Missouri; and directing the City Clerk to record and file this ordinance. (100-AN-7)


Passed as Substituted

Ayes: 5 - Ford, Johnson, Gottstein, Circo, Funkhouser
Nays: 8 - Hermann, Skaggs, Curls, Sanders Brooks, Marcason, Riley, Jolly, Sharp


Failed

091072
Amending the General Development and Land Use Plan, Kansas City International Airport, by changing the recommended land use on about 5.68 acres generally located at the northeast quadrant of Missouri Route 92 and N. Winan Road from industrial to residential low and recommending residential low for 316.59 acres of newly annexed property in that same general location. (247-S-115)


Councilmember Ford Move To Hold Off Docket

Seconded by Councilmember Johnson
Ayes: 13 - Hermann, Skaggs, Ford, Johnson, Curls, Sanders Brooks, Gottstein, Marcason, Circo, Riley, Jolly, Sharp, Funkhouser
Nays: 0


Held off Docket

091073
(Sub.)
Rezoning an area of approximately 5.68 acres generally located at the Northeast quadrant of Missouri Route 92 and N. Winan Road from District GP-7 to District GP-6, and zoning 316.59 acres of newly annexed property in that same general location to District GP-6, and approving a development plan. (14064-GP)


Councilmember Ford Move To Hold Off Docket

Seconded by Councilmember Johnson
Ayes: 13 - Hermann, Skaggs, Ford, Johnson, Curls, Sanders Brooks, Gottstein, Marcason, Circo, Riley, Jolly, Sharp, Funkhouser
Nays: 0


Held off Docket
 
 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: 100128 100057 100122 (sub) 100129 100131 100135 100005 ON THREE SEPARATE DAYS BE WAIVED AND THAT THIS ORDINANCE BE ADVANCED FOR FINAL READING AND CONSIDERATION AT THIS TIME.
 
Ayes: 11 - Hermann, Skaggs, Ford, Johnson, Curls, Gottstein, Circo, Riley, Jolly, Sharp, Funkhouser
Nays: 0

100128
Authorizing the issuance of General Obligation Bonds of the City of Kansas City, Missouri, in an aggregate principal amount not to exceed $46,000,000.00; 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.


Passed

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

100005
Rezoning an area of approximately .74 acres generally located at the southeast corner of N.E. 87th Street and N. Oak Trafficway from District R-7.5 (Residential) to District O (Office). (14078-P)


Passed

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

100057
Rezoning an area of approximately 4.2 acres generally located on the east side of N. Brighton Avenue from Missouri Highway 152 to N.E. Barry Road from Districts RA and R-1a to District C-1-p, and approving a preliminary development plan for the same. (14058-P)


Passed

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

100122
(Sub.)
Amending Chapters 2 and 34, Code of Ordinances, and integrating ambulance services into the Fire Department by repealing Sections 2-231 and 2-233 relating to the Fire Department and enacting in lieu thereof two new sections of like number and subject matter and repealing Sections 34-361, 34-362, 34-363, 34-364, 34-365, 34-366, 34-367, 34-368, 34-369, 34-370, 34-372, 34-373, 34-374, 34-375, 34-377, 34-378, 34-379 and 34-380 relating to the Prehospital Emergency Medical Services System, and enacting in lieu thereof Sections 34-361, 34-362, 34-363, 34-364, 34-365, 34-366, 34-367, 34-368, 34-369, 34-370, 34-372, 34-374, 34-377, 34-378 and 34-379 of like subject matter; and establishing an effective date; and suspending a standing rule to allow a special committee to consider and report with recommendation emergency medical services ordinances.


Passed as Substituted

Ayes: 11 - Hermann, Skaggs, Johnson, Curls, Sanders Brooks, Marcason, Circo, Riley, Jolly, Sharp, Funkhouser
Nays: 1 - Ford

100129
Reducing appropriations in the District Five Neighborhood Conservation contingency account of the Capital Improvements Fund in the amount of $504,000.00; appropriating $204,000.00 to Project No. 64010004, 66th Terrace and Broadmoor; and appropriating $300,000.00 to Project No. 70109904, Zoo Improvements.


Passed

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

100131
Authorizing the Director of Parks and Recreation to enter into a cooperative funding agreement with the United States Department of Commerce, Economic Development Administration for use of Grant Funds for the Climate Sustainability Center Feasibility Study; estimating revenue in the amount of $150,000.00 and appropriating it to the Capital Improvement Fund; designating requisitioning authority; and recognizing an emergency.


Passed

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

100135
(Sub.)
Estimating revenue in the amount of $655,250.00 in the Capital Improvements Fund; appropriating $1,209,250.00 from the Unappropriated Fund Balance of the Capital Improvements Fund to Phase 2 of improvements to NW Barry Road at the I-29 Interchange; and authorizing the Director of Public Works to expend the funds on the project.


Councilmember Riley Move to Amend

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


Passed as Amended

Ayes: 12 - Hermann, Skaggs, Ford, Johnson, Curls, Sanders Brooks, 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 PAGE 6 TODAY’S DOCKET AND THAT THESE ORDINANCES BE PLACED ON THE DOCKET NEXT WEEK FOR THIRD READING.
 
Ayes: 12 - Hermann, Skaggs, Ford, Johnson, Curls, Sanders Brooks, Marcason, Circo, Riley, Jolly, Sharp, Funkhouser
Nays: 0

100136
Accepting the recommendations of the Tax Increment Financing Commission and approving the Twelfth Amendment to the 22nd & Main Tax Increment Financing Plan.


Add to Consent Docket

100058
Vacating the north-south and east-west alleys south of 17th Street east of Holmes Street, Kansas City, Jackson County, Missouri, retaining a utility easement, and directing the City Clerk to record certain documents. (1600-V)


Add to Consent Docket

100119
Approving the plat of Jensen’s Plaza, an addition in Jackson County, Missouri; accepting and releasing various easements; establishing grades on public ways; and authorizing the City Clerk to record this ordinance and attached documents. (SD1257C)


Add to Consent Docket

100120
Authorizing a $910,627.00 Amendment No. 5 to an agreement with S.K. Design Group, Inc. for Project No. 62060307 – Rehabilitate Airport Roadways for a total contract amount of $3,053,634.00; and authorizing the Director of Aviation to expend $1,001,690.00 for the contract.


Assigned to Third Read Calendar

100130
Authorizing the Director of Parks and Recreation to execute a cooperative agreement with the Missouri Department of Transportation for use of Transportation, Community and System Preservation grant funds for the Brush Creek Beautification Project; estimating revenue in the amount of $902,580.00 and appropriating it to the Capital Improvements Fund; and designating requisitioning authority.


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 7-11 OF TODAY’S DOCKET AND THAT THESE ORDINANCES BE INTRODUCED AS LISTED TO THE COMMITTEE SO DESIGNATED.
 
Ayes: 12 - Hermann, Skaggs, Ford, Johnson, Curls, Sanders Brooks, Marcason, Circo, Riley, Jolly, Sharp, Funkhouser
Nays: 0

100146
Approving and authorizing settlement of a claim by Travelers Property Casualty Company of America as subrogee for Income Properties Services, Claim No. T0809-0672A.


Referred to Finance and Audit Committee

100150
Enacting a new Section 2-1953, Code of Ordinances, entitled “Passage of tax levy ordinances” to provide an alternate date for passage of the annual tax levy ordinances from the fourth Monday in March to March 31.


Referred to Finance and Audit Committee

100151
Amending Chapter 2, Code of Ordinances, by repealing Section 2-605, Facilities user fee, and enacting in lieu thereof a new section of like name and subject matter, increasing the user fee for events at Convention and Entertainment Facilities from $1.00 per ticket for events that go on sale after May 1, 2010.


Referred to Finance and Audit Committee

100165
Accepting the recommendations of the Tax Increment Financing Commission as to the Sixth Amendment to the Parvin Road Corridor Tax Increment Financing Plan; and approving the Sixth Amendment to the Parvin Road Corridor Tax Increment Financing Plan.


Referred to Finance and Audit Committee

100166
Estimating $10,161,056.00 of lease proceeds in the Water Fund, issued to refinance the 2007 Automated Meter Reading system lease financing schedule and appropriating the same; designating requisitioning authorities; authorizing the Director of Finance to close project accounts upon completion and declaring the intent of the City to reimburse itself from the lease purchase proceeds for certain expenditures.


Referred to Finance and Audit Committee

100145
RESOLUTION - Approving the 2010 One Year Action Plan (Plan) in accordance with the National Affordable Housing Act of 1990, as amended; authorizing submission of the Plan to the U.S. Department of Housing and Urban Development; and certifying the Plan.


Referred to Housing Committee

100156
Approving the plat of Hunt Midwest Business Park, Lot 12A, an addition in Clay County, Missouri; accepting 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. (SD0956D)


Referred to Planning and Zoning Committee

100159
Approving the plat of Gates Plaza East, an addition in Jackson County, Missouri; accepting various easements; establishing grades on public ways; vacating portions of streets; 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. (SD1396A)


Referred to Planning and Zoning Committee

100161
Declaring certain real property surplus to the City’s needs and authorizing the Director of General Services to offer for sale certain surplus parcels.


Referred to Planning and Zoning Committee

100164
Repealing Ordinance No. 080189 that approved the plat of The Meadows at Rock Creek First Plat and enacting a new ordinance approving the plat of The Meadows at Rock Creek First Plat, an addition in Clay 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 agreements. (SD1379A)


Referred to Planning and Zoning Committee

100167
Repealing Ordinance No. 080107 that approved the plat of Whitehall Condominium Replat and enacting a new ordinance 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 agreements. (SD1073B)     WHEREAS, on February 14, 2008, the City Council passed Ordinance No. 080107 approving the plat of Whitehall Condominium Replat; and


Referred to Planning and Zoning Committee

100170
Approving the plat of Fountain Estates, an addition in Jackson 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. (SD1422)


Referred to Planning and Zoning Committee

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)


Referred to Planning and Zoning Committee

100149
Accepting and approving a $51,381.00 contract amendment with Truman Medical Center, Inc. to provide additional case management services to eligible clients in the Kansas City Transitional Grant Area who meet Ryan White Title I guidelines and declaring an emergency.


Referred to Public Safety and Neighborhoods Committee

100144
Authorizing the City Manager to execute a Contract Amendment No. 5 in the amount of $94,986.47 with HDR Engineering, Inc., for Project No. 89005406 – 23rd Street Bridge Near Kemper Arena; and authorizing the City Manager to expend $94,986.47 from previously appropriated funds for the project.


Referred to Transportation and Infrastructure Committee

100147
Appropriating $1,000,000.00 to Project No. 890B8054 Red Bridge Road Section 2-Holmes to Blue River Road; authorizing a $767,640.00 Amendment No. 3 to a agreement with Bucher, Willis & Ratliff Corporation for design services for the Red Bridge Road projects; authorizing the City Manager to expend $767,640.00 from funds previously appropriated; approving project management costs for up to $ 1,568,758.00; and recognizing an emergency.


Referred to Transportation and Infrastructure Committee

100148
Approving Amendment No. 1 to the Agreement to Maintain Decorative Lights in Public Right of Way with the Westport Special Business District; authorizing the Director of City Development to execute the agreement; and directing the City Clerk to file this ordinance and attached agreement.


Referred to Transportation and Infrastructure Committee

100155
Authorizing a $746,050.00 Amendment No. 2 to an agreement with Bucher, Willis & Ratliff Corporation for construction phase services for the Bruce Forrester Viaduct Bridge project; authorizing the City Manager to expend $746,050.00 from previously appropriated funds; approving project management costs for up to $1,726,493.00; and recognizing an emergency.


Referred to Transportation and Infrastructure Committee

100162
Authorizing the Director of Water Services Department to enter into a $435,239.98 contract with Carollo Engineers, PC for Contract No. 8634, Project No. 80000744, North Secondary Auxiliary Pump Station Study Phase; authorizing the Director of Water Services to expend $435,239.98 for the project; and authorizing the Director of Finance to return unexpended appropriations to the appropriate account.


Referred to Transportation and Infrastructure Committee

100163
Authorizing the Director of General Services to execute a $349,699.00 Contract with J.E. Dunn Construction Company for structural repairs at the American Royal Exhibition Hall; authorizing the Director to amend the contract without City Council approval and to expend up to $421,699.00 for repairs; and declaring an emergency.


Referred to Transportation and Infrastructure Committee

100169
Condemning and taking private properties for the construction, relocation and maintenance of Phelps Road at 40 Highway, in Kansas City, Jackson County, Missouri; this includes providing for the payment of just compensation therefore; authorizing continued negotiations by the Capital Improvement Management 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 file this ordinance with the Recorder of Deeds in Jackson County, Missouri.


Referred to Transportation and Infrastructure Committee

100171
Authorizing the Director of Water Services Department to enter into a $3,424,920.00 contract with Camp, Dresser, and McKee, Inc. for Contract No. 1000, Project No. 81000562, Westside WWTP Effluent Disinfection Design; authorizing the Director of Water Services to expend $3,424,920.00 to satisfy the costs of this contract; authorizing the Director of Water Services to charge up to $1,074,634.00 for project management costs associated with this project; and authorizing the Director of Finance to return unexpended appropriations to the appropriate account.


Referred to Transportation and Infrastructure Committee

100173
Reducing appropriations in the Capital Improvements Fund in the amount of $30,000.00 and appropriating it to an account in the Capital Improvements Fund for a project in the Sixth Council District.


Referred to Transportation and Infrastructure Committee
 
 Councilmember Riley Move To Introduce

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


Referred to Planning and Zoning Committee
 
 Councilmember Sharp Move To Introduce

100176
RESOLUTION - Supporting the addition to the City’s Priorities for the Missouri General Assembly’s 2010 Legislative Session of furthering the ability of Kansas City projects to use land assemblage tax credits.


Referred to Legislative Committee
 
 Councilmember Sharp Move To Introduce

100177
Creating a new department to be known as the Capital Projects Department by amending Chapter 2, Administration, Code of Ordinances, by enacting new sections to be in Article V, Departments, to be known as Division 23, Section 2-715, Establishment, Section 2-716, Appointment and Designation of Director, and Section 2-717, Powers and Duties of Director and withdrawing the City Manager’s authority to transfer the duties or activities of the Human Relations Department between departments by amending Chapter 2, Administration, Code of Ordinances, by repealing Section 2-141, Reorganization of departmental duties and enacting in lieu thereof a new section of like number and subject matter.


Referred to Transportation and Infrastructure Committee
 
 Councilmember Marcason Move To Introduce

100178
Estimating revenue in the amount of $100,000.00; appropriating funds for bicycle and pedestrian education, encouragement activities and purchase and installation of bicycle racks; authorizing the Director of Public Works to execute an agreement with Missouri Foundation for Bicycling and Walking; and designating requisitioning authority.


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.