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Last Published: 12/8/2010 3:27:36 PM
KANSAS CITY COUNCIL RECORD
 
Upon Roll Call the following members were present:
Presided:1 - MARK FUNKHOUSER
Present:11 - BILL SKAGGS, ED FORD, RUSS JOHNSON, MELBA CURLS, SHARON SANDERS BROOKS, BETH GOTTSTEIN, JAN MARCASON, CINDY CIRCO, TERRY RILEY, CATHY JOLLY, JOHN SHARP
Out:1 - DEB HERMANN
 

100953
RESOLUTION - Congratulating the Notre Dame de Sion girls golf team on the occasion of its victory at the MSHSAA Class 2 State Golf Championship.


Adopted

Ayes: 9 - Skaggs, Ford, Johnson, Marcason, Circo, Riley, Jolly, Sharp, Funkhouser
Nays: 0

100957
RESOLUTION - Honoring Joyce Patton on receiving the 2010 Outstanding CPA in Government Award.


Adopted

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

100967
RESOLUTION - Honoring Carol Hallquist for her service as Chairwoman to the Friends of the Zoo.


Held on Docket (12/9/2010)

100975
RESOLUTION - Honoring Passantino Brothers Funeral Home on its 80th anniversary.


Held on Docket (12/9/2010)

100954
COMMUNICATION - For October, 2010: Accepting a Project License and Ingress/Egress Agreement in Clay County, Missouri and directing the City Clerk to record the acceptance.


Received And Filed

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

100958
(Sub.)
COMMUNICATION - Notice from the City Clerk to the Mayor and City Council regarding the election results from Cass County Board of Election Commissioners of the November 2, 2010 General Election.


Received And Filed

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

100959
(Sub.)
COMMUNICATION - Notice from the City Clerk to the Mayor and City Council regarding the election results from Clay County Board of Election Commissioners of the November 2, 2010 General Election.


Received And Filed

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

100960
(Sub.)
COMMUNICATION - Notice from the City Clerk to the Mayor and City Council regarding the election results from Kansas City Board of Election Commissioners of the November 2, 2010 General Election.


Received And Filed

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

100982
COMMUNICATION - Notice received from Shoal Creek Valley Community Improvement District regarding Annual Report for fiscal year 2010.


Received And Filed

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

100983
COMMUNICATION - Notice received from Truman Road Community Improvement District regarding a slate of potential successor directors of the district.


Received And Filed

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

100929
(Sub.)
RESOLUTION - Stating the City's support of the concept of an amendment to the West Edge Tax Increment Financing Plan and the entry of an order in bankruptcy court to facilitate completion of the West Edge Project.


Adopted as Substituted

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

100978
RESOLUTION - Expressing the Mayor and Council’s support for the relocation of the ABC Heart of America Education Trust’s trade and technical school to Kansas City.


Councilmember Riley Move to Refer to

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


Referred to Planning and Zoning Committee

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

100987
RESOLUTION - Establishing state legislative priorities and positions for matters before the 2011 session of the Missouri General Assembly.


Councilmember Sharp Move to Amend

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


Adopted as Amended

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

100988
RESOLUTION - Approving the appointment of Craig Porter to the Board of Commissioners of the Port Authority of Kansas City, Missouri.


Councilmember Skaggs Move to Refer to
PZE
Seconded by Councilmember Ford
Ayes: 8 - Skaggs, Ford, Johnson, Curls, Gottstein, Marcason, Circo, Sharp
Nays: 2 - Riley, Funkhouser


Referred to Planning and Zoning Committee

100989
RESOLUTION - Approving the appointment of John Burnett to the Board of Commissioners of the Port Authority of Kansas City, Missouri and repealing Resolution No. 100695, As Amended.


Councilmember Skaggs Move to Refer to
PZE
Seconded by Councilmember Ford
Ayes: 8 - Skaggs, Ford, Johnson, Curls, Gottstein, Marcason, Circo, Sharp
Nays: 2 - Riley, Funkhouser


Referred to Planning and Zoning Committee

100984
(Sub.)
RESOLUTION - Expressing the support of the Council for the physical relocation of the Port Authority from the offices of the Economic Development Corporation and for the transition of the Port Authority to management of its own operations; and instructing the City Manager to facilitate this transition.


Councilmember Sharp Move to Amend

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


Adopted as Amended

Ayes: 8 - Skaggs, Ford, Curls, Gottstein, Marcason, Circo, Riley, Sharp
Nays: 1 - Funkhouser

100877
Approving a final plan in District M-P on approximately an 8.4 acre tract of land within an existing M-P district plan of 33.4 acres, both, generally located on the north side of N.E. 33rd Terrace, approximately 120 feet west of N.E. Chouteau Trafficway. (13000-P-4)


Passed

Ayes: 8 - Skaggs, Ford, Curls, Gottstein, Marcason, Circo, Riley, Funkhouser
Nays: 0
 
 Councilmember Ford Move to Waive Charter Requirement
I MOVE THAT THE CHARTER REQUIREMENTS FOR READING OF ORDINANCE NO(S): ADVANCE CONSENTS: 1. 100923 4. 100938 7. 100946 2. 100924 5. 100942 8. 100949 3. 100937 6. 100945 ADVANCE DEBATES: 1. 080721 (sub) 4. 100559 (sub) 7. 100932 (sub) 10. 100952 2. 080722 (sub) 5. 100931 8. 100905 3. 080724 (sub) 6. 100870 9. 100944 ON THREE SEPARATE DAYS BE WAIVED AND THAT THESE ORDINANCES BE ADVANCED FOR FINAL READING AND CONSIDERATION AT THIS TIME.
 
Ayes: 9 - Skaggs, Ford, Curls, Gottstein, Marcason, Circo, Riley, Sharp, Funkhouser
Nays: 0

100923
Estimating additional revenue in the Capital Improvements Sales Tax Fund; and appropriating $87,501.00 for the construction of UMKC sidewalks.


Passed

Ayes: 7 - Skaggs, Gottstein, Marcason, Circo, Riley, Sharp, Funkhouser
Nays: 0

100924
Authorizing reconstruction of sidewalks, curbs, driveway entrances, and appurtenances along various streets Citywide; reducing and increasing appropriations in the Revolving Public Improvement Fund; authorizing the Director of Public Works to expend $95,882.05 for the projects; and authorizing assessment of the costs against the properties benefited.


Passed

Ayes: 7 - Skaggs, Gottstein, Marcason, Circo, Riley, Sharp, Funkhouser
Nays: 0

100937
Authorizing a $90,000.00 Amendment No. 4 to an agreement with Bucher, Willis & Ratliff Corporation for construction phase services for the Red Bridge Road projects; and authorizing the City Manager to expend $90,000.00 from funds previously appropriated.


Passed

Ayes: 7 - Skaggs, Gottstein, Marcason, Circo, Riley, Sharp, Funkhouser
Nays: 0

100938
Approving a $201,000.00 Amendment No. 2 with Black and Veatch Corporation for Contract No. 8360, Project No. 80001123, 72-Inch Pipeline for East Bottoms Reservoir (Phases 1, 2A, and 2B); authorizing the Director of Water Services to expend $201,000.00 for this amendment; and authorizing the Director of Finance to return unexpended appropriations to the appropriate account.


Passed

Ayes: 7 - Skaggs, Gottstein, Marcason, Circo, Riley, Sharp, Funkhouser
Nays: 0

100942
Approving a $268,000.00 Amendment No. 2 with Black and Veatch Corporation for Contract No. 8574, Project No. 80001316, Arrowhead Transmission Main (Phase 2); authorizing the Director of Water Services to expend $268,000.00 for the contract from previously appropriated funds; authorizing the Director of Water Services to charge up to $645,000.00 for estimated project management costs for the entire project; and authorizing the Director of Finance to return unexpended appropriations to the appropriate account.


Passed

Ayes: 7 - Skaggs, Gottstein, Marcason, Circo, Riley, Sharp, Funkhouser
Nays: 0

100945
Authorizing the Director of General Services to enter into a five-year lease agreement in the amount of $750.00 monthly with MW Towers, LLC, to allow for the construction and maintenance of a cell tower on City property at 2120 Harrison Street.


Passed

Ayes: 7 - Skaggs, Gottstein, Marcason, Circo, Riley, Sharp, Funkhouser
Nays: 0

100946
Authorizing a Concessions Agreement with Airport Mailers, Inc. for Contract No. 6210070188 for security checkpoint mailing services at the Kansas City International (KCI) Airport and estimating additional revenue.


Passed

Ayes: 7 - Skaggs, Gottstein, Marcason, Circo, Riley, Sharp, Funkhouser
Nays: 0

100949
Estimating revenue and appropriating funds in the Public Works Reimbursable Services Fund.


Passed

Ayes: 7 - Skaggs, Gottstein, Marcason, Circo, Riley, Sharp, Funkhouser
Nays: 0

080721
(Sub.)
Approving and designating Redevelopment Project 3 of the Brywood Centre Tax Increment Financing Plan as a Redevelopment Project and adopting tax increment financing therefor.  


Passed as Substituted

Ayes: 7 - Skaggs, Gottstein, Marcason, Circo, Riley, Sharp, Funkhouser
Nays: 0

080722
(Sub.)
Approving and designating Redevelopment Project 4 of the Brywood Centre Tax Increment Financing Plan as a Redevelopment Project and adopting tax increment financing therefor.  


Passed as Substituted

Ayes: 7 - Skaggs, Gottstein, Marcason, Circo, Riley, Sharp, Funkhouser
Nays: 0

080724
(Sub.)
Approving and designating Redevelopment Project 6 of the Brywood Centre Tax Increment Financing Plan as a Redevelopment Project and adopting tax increment financing therefor.   


Passed as Substituted

Ayes: 7 - Skaggs, Gottstein, Marcason, Circo, Riley, Sharp, Funkhouser
Nays: 0

100559
(Sub.)
Reducing the Contingent Appropriation in the General Fund by $100,000.00; and appropriating $100,000.00 in the General Fund for building demolition.


Passed as Substituted

Ayes: 7 - Skaggs, Gottstein, Marcason, Circo, Riley, Sharp, Funkhouser
Nays: 0

100931
Amending Ordinance No. 100850, As Amended, which authorized a Fifth Amendment to the Lease Agreement with Renaissance Northeast, LLC for portions of the building located at 612-614 Garfield Avenue in Kansas City, Missouri, in order to induce the landlord to refinance the existing 2001 Bonds and to provide for the extension of the lease term for ten separate additional terms of one year each.


Passed

Ayes: 7 - Skaggs, Gottstein, Marcason, Circo, Riley, Sharp, Funkhouser
Nays: 0

100870
Approving the Troost-Rockhill PIEA General Development Plan for an area of approximately 15 acres generally bounded by 65th Street on the north, Troost Avenue on the east, a portion of Rockhill Road on the west, and declaring that area a blighted and insanitary area in need of redevelopment and rehabilitation pursuant to the Missouri Planned Industrial Expansion Authority Law. (683-S)


Passed

Ayes: 7 - Skaggs, Gottstein, Marcason, Circo, Riley, Sharp, Funkhouser
Nays: 0

100932
(Sub.)
Releasing utility, sewer and sidewalk easements in Jackson County, Missouri, and directing the City Clerk to record this ordinance and attached document.


Passed as Substituted

Ayes: 7 - Skaggs, Gottstein, Marcason, Circo, Riley, Sharp, Funkhouser
Nays: 0

100905
Amending Chapter 18, Code of Ordinances, by repealing Article II, Section 18-40, Adoption of International Building Code (2006); amendments, and enacting in lieu thereof a new article and section of like number and subject matter, to establish standards to make multi-family dwelling units resistant to unlawful entry.


Passed

Ayes: 7 - Skaggs, Gottstein, Marcason, Circo, Riley, Sharp, Funkhouser
Nays: 0

100944
Appropriating $350,000.00 from the Unappropriated Fund Balance of the Fire Sales Tax Fund to an account in the Fire Sales Tax Fund; and designating requisitioning authority.


Passed

Ayes: 7 - Skaggs, Gottstein, Marcason, Circo, Riley, Sharp, Funkhouser
Nays: 0

100952
Authorizing the City Manager to execute a Contract Amendment No. 2 in the amount of $1,000,000.00 with the Mid-America Regional Council for additional planning and coordination services for the Green Impact Zone; and authorizing the City Manager to expend $1,000,000.00 from previously appropriated funds for the contract amendment.


Passed

Ayes: 7 - Skaggs, Gottstein, Marcason, Circo, Riley, 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 8-11 OF TODAY’S DOCKET AND THAT THESE ORDINANCES BE INTRODUCED AS LISTED TO THE COMMITTEE SO DESIGNATED.
 
Ayes: 9 - Skaggs, Ford, Curls, Gottstein, Marcason, Circo, Riley, Sharp, Funkhouser
Nays: 0

100961
Approving and authorizing settlement of the lawsuit styled Earnest Obasi, et al v. City of Kansas City, Missouri, et al., Case No. 0916-CV40086.


Referred to Finance and Audit Committee

100966
Approving and authorizing settlement of the lawsuit styled Margaret Lara v. City of Kansas City, Missouri, et al., Case No. 0916-CV19845.


Referred to Finance and Audit Committee

100968
Approving and authorizing settlement of the lawsuit styled Christina Renner-Daniel v. City of Kansas City, Missouri, et al., Case No. 0916-CV17106.


Referred to Finance and Audit Committee

100980
(Sub.)
RESOLUTION - Stating the support of the City Council for the Enhanced Business Retention and Expansion Initiative developed by the Economic Development Corporation; and directing the City Manager to take steps necessary to implement the City’s role in the Initiative.


Referred to Finance and Audit Committee

100981
(Sub.)
Directing the Director of Finance to execute an affidavit regarding termination of contract concerning the Delaware Development Plan.


Referred to Finance and Audit Committee

100985
Amending Article VI of Chapter 2, Code of Ordinances, entitled “Boards, Commissions and Committees”, by repealing Section 2-721, Disqualification for appointment, and enacting in lieu thereof one new section of like number and subject matter which incorporates a Missouri Constitutional provision concerning state residency for certain boards, commissions, and authorities.


Referred to Finance and Audit Committee

100986
Authorizing the execution of a Promissory Note between the City and Bank of America, N.A. in the aggregate principal amount not to exceed $10,000,000.00, bearing interest as provided therein; estimating debt service and other payments in the amount of $10,000,000.00; and recognizing an emergency.


Referred to Finance and Audit Committee

100955
Authorizing the Director of City Development to execute a Covenant to Maintain Storm Water Detention and BMP Facilities Agreement, in Clay County, Missouri; and authorizing the City Clerk to record this ordinance and attached agreement. (SD1083B)


Referred to Planning and Zoning Committee

100956
Approving the plat of Tomahawk Subdivision, an addition in Jackson 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. (SD1426A)


Referred to Planning and Zoning Committee

100969
Approving the plat of Barry Near Green Hills Road, an addition in Platte County, Missouri; accepting various easements; establishing grades on public ways; and authorizing the City Clerk to record this ordinance and attached documents. (SD1427A)


Referred to Planning and Zoning Committee

100970
Changing the name of N.W. Tiffany Springs Road, from N. Childress Avenue east approximately 4.7 miles to N. Green Hills Road, to N.W. Old Tiffany Springs Road.


Referred to Planning and Zoning Committee

100979
Condemning and taking private property interests for public use; for the construction, location and maintenance of N.E. Chouteau Trafficway from Missouri Highway Route 210 to I-35; 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, Clay County, Missouri.


Referred to Planning and Zoning Committee

100971
(Sub.)
Authorizing acceptance of a grant from the Department of Justice Office on Violence Against Women, in the amount of $399,822.00; estimating revenues and appropriations in the amount of $399,822.00 to the Community-Defined Solutions to Violence Against Women Program Grant account in the Domestic Violence Shelter Operating Fund; and authorizing the Director of Neighborhood and Community Services to enter into a contract with Rose Brooks Center in the amount of $399,822.00 effective April 1, 2011.


Referred to Public Safety and Neighborhoods Committee

100962
Authorizing the Director of Water Services Department to enter into a $1,390,000.00 contract with Maguire Iron, Inc. for Contract No. 7870, Project No. 80000422, Replacement of House Service Elevated Storage Tank; authorizing expenditures of $1,550,000.00 from previously appropriated funds; and authorizing the Director of Finance to return unexpended appropriations to the appropriate account.


Referred to Transportation and Infrastructure Committee

100963
Authorizing the Director of Water Services Department to enter into a $297,000.00 contract with Black and Veatch Corporation for Contract No. 8533, Project No. 80001398, Small Main Replacement for Plate C-25; authorizing the Director of Water Services to expend $297,000.00 for the project; and authorizing the Director of Finance to return unexpended appropriations to the appropriate account.


Referred to Transportation and Infrastructure Committee

100964
Authorizing the Director of Water Services Department to enter into a $794,607.00 contract with Delich, Roth and Goodwillie, P.A. for Contract No. 181, Project No. 61000080, Levee Certifications; authorizing the Director of Water Services to expend up to $834,000.00 for the project; and authorizing the Director of Finance to return unexpended appropriations to the appropriate account.


Referred to Transportation and Infrastructure Committee

100965
RESOLUTION - Requesting the Missouri Department of Transportation (MoDOT) conduct a study on the feasibility of relocating to the West Bluffs that portion of I-35 between the downtown loop and the state line.


Referred to Transportation and Infrastructure Committee

100972
Authorizing a $450,000.00 contract with __________________ for Project No. 87008301 - 108th Street Improvements from I-435 to Shoal Creek Parkway; and authorizing the City Manager to expend $450,000.00 for the contract.


Referred to Transportation and Infrastructure Committee

100973
Authorizing the Director of Water Services Department to enter into a $368,558.00 contract with TranSystems Corporation for Contract No. 180, Project No. 61000078, Levee Sewer Outfalls Inspections; authorizing the Director of Water Services to expend $442,270.00 for the project; and authorizing the Director of Finance to return unexpended appropriations to the appropriate account.


Referred to Transportation and Infrastructure Committee

100974
Reducing appropriations in the Capital Improvements Fund in the amount of $1,100,000.00 and appropriating this sum to accounts in the Capital Improvements Fund for projects in the Fifth and Sixth Council Districts.


Referred to Transportation and Infrastructure Committee

100976
Reestimating revenue in the Motor Fuel Tax Fund; adjusting appropriations in the General Fund; authorizing a $770,000.00 agreement with Jackson County, Missouri to be used to improve certain roads and bridges in Jackson County Missouri, within Kansas City Missouri; and authorizing a $1,530,000.00 agreement with the Jackson County Sports Complex Authority to be used in connection with the Harry S. Truman Sports Complex.


Referred to Transportation and Infrastructure Committee

100977
Reducing appropriations in the Energy Efficiency Conservation accounts of the American Recovery and Reinvestment Act (ARRA) Stimulus Fund in the amount of $80,000.00; appropriating $80,000.00 to Project No. G07EECST Energy Efficiency Conservation; authorizing a $80,000.00 Amendment No. 1 to an agreement with Johnson Controls for energy conservation SEEC training to city employees for a total contract amount of $6,080,000.00; and authorizing the Director of General Services to expend up to $6,080,000.00 from appropriated funds.


Referred to Transportation and Infrastructure Committee
 
 Councilmember Gottstein Move To Introduce

100990
Authorizing a first amendment to the Lease Agreement with Swope Community Builders for Block 66 and a portion of Block 65 in connection with property insurance requirements.


Referred to Planning and Zoning Committee
 
 Councilmember Skaggs Move To Introduce

100991
RESOLUTION - Authorizing the City Manager to solicit information for the purpose of examining the feasibility and benefits of a long term service agreement for the management of Blue River Wastewater Treatment Plant.


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.