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Last Published: 9/9/2010 4:57:36 PM
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, BETH GOTTSTEIN, JAN MARCASON, CINDY CIRCO, TERRY RILEY, CATHY JOLLY, JOHN SHARP
Excused:2 - DEB HERMANN, SHARON SANDERS BROOKS
 

100761
RESOLUTION - Honoring Carol Winterowd for her many contributions and volunteer service to the Kansas City community.


Adopted

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

100762
RESOLUTION - Honoring Rockhurst University on the occasion of its Centennial Anniversary and declaring September, 2010, as Rockhurst Month.


Adopted

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

100766
RESOLUTION - Declaring the week of September 17-23, 2010, as Constitution Week.


Adopted

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

100704
COMMUNICATION - August 2010-Accepting various easements, agreements, and deeds in Clay County, Missouri and requesting that the City Manager approve the acceptance.


Received And Filed

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

100723
COMMUNICATION - August 2010-Accepting various easements, and deeds in Platte County, Missouri and requesting that the City Manager approve the acceptance.


Received And Filed

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

100724
COMMUNICATION - August 2010-Accepting various easements, and deeds in Jackson County, Missouri and requesting that the City Manager approve the acceptance.


Received And Filed

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

100725
COMMUNICATION - For August 2010: Accepting various easements and deeds in Clay County, Missouri and directing the City Clerk to record the acceptance.


Received And Filed

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

100771
COMMUNICATION - Notice received from North Oak Village Community Improvement District regarding their Annual Report for fiscal year ending April 30, 2010.


Received And Filed

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

100659
Approving the easement release within the Final Plat of Gates Plaza East in Jackson County, Missouri, and directing the City Clerk to record this ordinance and attached documents.


Passed

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

100660
Amending Committee Substitute for Ordinance No. 100453 by repealing Section 1 to correct the account number for the N.E. 104th Street and N. Huttig Avenue account in the Arterial Street Impact Fee Fund; appropriating $275,000.00 from the Unappropriated Fund Balance of the Arterial Street Impact Fund; and designating requisitioning authority.


Passed

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

100673
Approving the plat of Beacon Park, 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. (SD0507I)


Passed

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

100635
Approving the Westport-Main PIEA General Development Plan for an area of approximately 20 acres generally bounded by a line approximately 99 feet north of 39th Street, 38th Street, and 39th Street on the north, Main Street and Walnut Street on the east, 40th Street on the south, and a line 130 feet west of Baltimore Avenue, Wyandotte Street, and a line 160 feet west of Main on the west, and declaring that area included in such plan be a blighted area in need of redevelopment and rehabilitation pursuant to the Missouri Planned Industrial Expansion Authority Law. (681-S)


Passed

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

100637
(Sub.)
Approving the preliminary plat of Tomahawk Subdivision on a 5.85 acre tract of land in Districts R-1a, C-2 and C-2-p generally located on the north side of W. 103rd Street, at the intersection of Madison Avenue. (SD 1426)


Councilmember Sharp Move to Amend

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


Passed as Amended

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

100658
Condemning and taking private property in fee simple for public use; providing for the payment of just compensation therefore; authorizing continued negotiations by the Director of the Housing Department; 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 Kansas City, Jackson County, Missouri.


Passed

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

100701
Approving the Petition to establish The Flintlock Shoppes Community Improvement District; establishing The Flintlock Shoppes Community Improvement District, generally located at the northwest corner of Missouri Highway 152 and N.E. Flintlock Road, in Clay County, Missouri; and directing the City Clerk to report the creation of the District to the Missouri Department of Economic Development.


Passed

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

100702
Authorizing a Water Purchase Agreement between the City of Lathrop, Missouri, and Kansas City, Missouri, for a period of twenty (20) years.


Passed

Ayes: 11 - Skaggs, Ford, Johnson, Curls, Gottstein, Marcason, Circo, Riley, Jolly, Sharp, Funkhouser
Nays: 0
 
 Councilmember Johnson Move to Waive Charter Requirement
I MOVE THAT THE CHARTER REQUIREMENTS FOR READING OF ORDINANCE NO(S): ADVANCE CONSENTS: 1. 100743 ADVANCE DEBATES: 1. 100606 (sub) 6. 100731 11. 100757 (sub) 2. 100607 (sub) 7. 100738 12. 100760 3. 100752 8. 100742 4. 100758 9. 100755 (sub) 5. 100722 10. 100756 ON THREE SEPARATE DAYS BE WAIVED AND THAT THESE ORDINANCES BE ADVANCED FOR FINAL READING AND CONSIDERATION AT THIS TIME. Councilman Johnson excluded Ordinance 100607. It will be advanced during a separate vote.
 
Ayes: 11 - Skaggs, Ford, Johnson, Curls, Gottstein, Marcason, Circo, Riley, Jolly, Sharp, Funkhouser
Nays: 0

100743
Approving a $368,000.00 contract with Black and Veatch Corporation for Contract No. 7649, Project No. 80000374, Small Main Replacement for Plate C-106; authorizing the Director of Water Services to expend $368,000.00 for the project from previously appropriated funds; and authorizing the Director of Finance to return unexpended appropriations to the appropriate account.


Passed

Ayes: 9 - Skaggs, Johnson, Curls, Gottstein, Marcason, Circo, Jolly, Sharp, Funkhouser
Nays: 0

100606
(Sub.)
Amending Chapter 2, Code of Ordinances, by repealing Sections 2-1253, “Creditable Service”, 2-1255, “Membership and organization of board of trustees”, 2-1265, “Pension benefits generally”, 2-1267, “Disability retirement”, and 2-1268, “Death benefits generally”, and enacting in lieu thereof, new sections of like number and subject matter.


Passed as Substituted

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

100607
(Sub.)
Amending Article IX, Division 2, entitled "Retirement System" of Chapter 2, Code of Ordinances, by repealing Sections 2-1171, 2-1172, 2-1176, 2-1186, 2-1189 and 2-1193, and enacting in lieu thereof, new sections of like number and subject matter; enacting a new Section 2-1201, “Same-City funding”; and reaffirmation of supplemental pension benefit and enhanced contributions therefor.


Councilmember Sharp Move to Advance

Seconded by Councilmember Johnson
Ayes: 7 - Johnson, Curls, Gottstein, Circo, Jolly, Sharp, Funkhouser
Nays: 4 - Skaggs, Ford, Marcason, Riley


Failed

100752
Approving an Amended and Restated Termination Declaration among the City, Quality Hill Parking Partnership, L.P., and Quality Hill Historic District-Phase II-B, L.P. for the purpose of correcting errors in the legal description.


Passed

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

100758
Authorizing the execution of Promissory Notes between the City and J.E. Dunn Construction Group Inc. in the aggregate principal amount of $10,670,754, such Promissory Notes to be of such number, in such principal amounts and bearing such interest rates as designated by the Director of Finance; estimating and appropriating sale proceeds in the amount of $1,200,000.00 from the sale of property to Swope Community Builders or an affiliate; estimating debt service and other payments in the amount of $971,339.00; and recognizing an emergency.


Passed

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

100722
Authorizing Amendment 2 to a Cooperative Agreement for Sewer Service between Kansas City, Missouri, and Gladstone, Missouri, which sets the lime sludge discharge rates for the next five years of the Agreement.


Passed

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

100731
Dedicating City-owned land for stormwater drainage on properties located at 3001 N.E. Russell Road, Clay County, Missouri, 3700 N.W. 61st Street, and 3701 N.W. 61st Street, both located in Platte County, Missouri, and directing the City Clerk to record this ordinance.


Passed

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

100738
Authorizing the Director of Public Works to execute Amendment No. 2 with HNTB in the amount of $146,773.50 to provide supplemental engineering services for the construction of the Botts Road and M-150 Interchange; authorizing the expenditure of the same amount in previously appropriated funds; and reducing revenue and appropriations in the amount of $2,109,250.00.


Passed

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

100742
Estimating revenues in the amount of $229,507.61 in the General Fund and appropriating same; designating requisitioning authority; and authorizing the Director of Finance to close project accounts upon project completion.


Passed

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

100755
(Sub.)
Authorizing execution of the First Amendment to MCI Overhaul Base Lease and Supplemental Agreement and the Tenant Reimbursement Agreement Termination Agreement with American Airlines in connection with American’s vacation of the MCI Overhaul Base at Kansas City International Airport; authorizing execution of the First Amendment to the Tax Credit Agreement with Missouri Development Finance Board in connection with future use of tax credits previously issued for MCI Overhaul Base; and authorizing execution of a First Amendment to the Cooperative Agreement with the Kansas City International Airport Community Improvement District.


Passed as Substituted

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

100756
Amending Ordinance No. 050855 by inserting a new section in Article V thereof and authorizing the closing of certain funds and the establishment of certain funds as set forth herein.


Passed

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

100757
(Sub.)
Estimating revenues in the amount of $400,000.00; appropriating funds in the Capital Improvements Fund; designating requisitioning authority; and recognizing an emergency.


Passed as Substituted

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

100760
Authorizing the execution of Second Amendment to the Operation and Maintenance of Specified System(s) Agreement with Facility Operation Services at the Overhaul Base at Kansas City International Airport.


Passed

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

100750
Estimating revenue in the amount of $25,000.00 in the Capital Improvements Fund; reducing appropriations in the Capital Improvements Fund in the amount of $90,000.00; appropriating $115,000.00 from the Unappropriated Fund Balance of the Capital Improvements Fund to the Line Creek Trail; authorizing an amendment to a cooperative agreement with Hunt Midwest Real Estate Services, Inc. for the purpose of providing additional funding for the construction of the next phase of the Line Creek Trail; and authorizing the Director of Public Works to expend an additional $547,595.00 on the project.


Councilmember Ford Move to Advance
advance this ordinance 11 aYES
Seconded by Councilmember Johnson
Ayes: 11 - Skaggs, Ford, Johnson, Curls, Gottstein, Marcason, Circo, Riley, Jolly, Sharp, Funkhouser
Nays: 0


Passed

Ayes: 11 - Skaggs, Ford, Johnson, Curls, Gottstein, Marcason, Circo, Riley, Jolly, Sharp, Funkhouser
Nays: 0
 
 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 8-10 OF TODAY’S DOCKET AND THAT THESE ORDINANCES BE INTRODUCED AS LISTED TO THE COMMITTEE SO DESIGNATED.
 
Ayes: 10 - Skaggs, Ford, Johnson, Curls, Gottstein, Circo, Riley, Jolly, Sharp, Funkhouser
Nays: 0

100767
Amending Chapter 40, Code of Ordinances, entitled Licenses and Miscellaneous Business Regulations.


Referred to Finance and Audit Committee

100772
Accepting the recommendations of the Tax Increment Financing Commission as to the Second Amendment to the Union Hill Tax Increment Financing Plan; and approving the Second Amendment to the Union Hill Tax Increment Financing Plan; designating an amended redevelopment area.


Referred to Finance and Audit Committee

100774
Approving the Second Amendment to the 45th Street Tax Increment Financing Plan.


Referred to Finance and Audit Committee

100769
Authorizing execution of a contract amendment with the Economic Development Corporation of Kansas City and increasing the maximum amount of compensation to $7,046,361 for the provision of special services to the City under the Neighborhood Stabilization Program; and decreasing the salary appropriation and increasing contract appropriations in the Neighborhood Stabilization Program Grant Fund.


Referred to Housing Committee

100773
Amending Section 80-20(93) of of the Zoning Ordinance, Chapter 80, and Table 120-1, Table 130-1, Section 88-325, Section 88-804-K, and Section 88-810 of the Zoning and Development Code, Chapter 88, to amend and clarify definitions and restrictions regarding Financial Services, including Short-term loan establishments.


Referred to Planning and Zoning Committee

100763
Accepting and approving a three-year $92,640.00 contract with the Missouri Department of Health and Senior Services that provides funding for sanitation inspections for child care facilities; increasing revenue and appropriation in the amount of $24,400.00 in the Governmental Grants Fund; and authorizing the Director to expend $30,880.00 in accordance with the contract.


Referred to Public Safety and Neighborhoods Committee

100764
Authorizing an Amended and Restated Lease and Fueling Agreement with Hangar Ten, LLC at the Charles B. Wheeler Downtown Airport.


Referred to Transportation and Infrastructure Committee

100765
Reducing and increasing appropriations in the Capital Improvements Fund in the amount of $200,000.00 for the Main Street, 31st to 44th Street project.


Referred to Transportation and Infrastructure Committee

100768
Authorizing the execution of a fifty year Grant of Easement to Kansas City Power & Light at the Kansas City International Airport.


Referred to Transportation and Infrastructure Committee

100770
RESOLUTION - Designating the City’s share of Clay County’s special road and bridge tax receipts for calendar year 2010, in accordance with Section 137.556, Revised Statutes of Missouri, and directing the City Manager to transmit this resolution to Clay County.


Referred to Transportation and Infrastructure Committee

100775
Condemning and taking private property interests for public use; for the construction, location and maintenance of N. Congress Avenue from the area of Missouri Highway 9 to NW 73rd Terrace; 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 Kansas City, Platte County, Missouri.


Referred to Transportation and Infrastructure Committee

100776
Estimating and appropriating $3,600,000.00 in the 2011 GO Bond Fund from the anticipated sale of general obligation bonds; designating requisitioning authority; authorizing a $3,000,000.00 contract with The Konrath Group, LTD for Design Build services for Project No. 630C0281 – Design Build – Municipal Auditorium Restoration; authorizing the City Manager to expend $3,600,000.00 for the project; approving project management costs; and recognizing an emergency.


Referred to Transportation and Infrastructure Committee

100777
Reducing appropriations in the 2007A GO Bond Fund in the amount of $1,900,000.00; estimating revenue in the amount of $2,273,334.00 in the ARRA Stimulus Fund; appropriating a combined total of $4,173,334.00 from the Unappropriated Fund Balances of various funds to the Front Street Improvements project; authorizing a $2,848,376.00 contract with Emery Sapp & Sons, Inc., for Project No. 898204ST - Front Street Roadway Improvements (Front Street/I-35/29 Interchange to Gage Viaduct), Fed. No. ARRA-ES04 (038); authorizing the City Manager to amend and increase this contract by up to $284,838.00; and approving project management costs.


Referred to Transportation and Infrastructure Committee

100778
Estimating revenue in the amount of $1,360,672.00 in the ARRA Stimulus Fund; appropriating $ 1,360,672.00 from Unappropriated Fund Balance of the ARRA Fund to the Troost at Brush Creek - Trail Enhancements project; authorizing a $1,370,046.00 contract with Radmacher Brothers Excavating Company, Inc., for Project No. 89025467 - Troost at Brush Creek - Trail Enhancements - Fed No. ARRA-ES04 (037); authorizing the City Manager to amend and increase this contract by up to $137,005.00; authorizing the City Manager to expend $1,507,050.00 for the contract; and approving project management costs.


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.