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Last Published: 2/4/2010 4:46:56 PM
KANSAS CITY COUNCIL RECORD
 
Upon Roll Call the following members were present:
Presided:1 - MARK FUNKHOUSER
Present:11 - DEB HERMANN, BILL SKAGGS, ED FORD, RUSS JOHNSON, SHARON SANDERS BROOKS, BETH GOTTSTEIN, JAN MARCASON, CINDY CIRCO, TERRY RILEY, CATHY JOLLY, JOHN SHARP
Excused:1 - MELBA CURLS
 

100093
RESOLUTION - Congratulating Oscar McGaskey, Jr., Executive Director of the Convention and Entertainment Facilities, on being selected to receive the 2010 Hospitality Leadership Award.


Adopted

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

100095
RESOLUTION - Acknowledging and congratulating the Kansas City, Missouri Police Department on the official recognition of the Department's Fraternal Order of Police Lodge 99 as the exclusive bargaining unit.


Adopted

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

100106
RESOLUTION - Honoring the City of Kansas City, Missouri for receiving Outstanding Achievement Awards in Learning and Performance from the Kansas City Chapter of the American Society for Training & Development.


Adopted

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

100110
RESOLUTION - Honoring Deb Ridgway on being recognized by Safe Kids Metro KC with the 2009 Innovation Award.


Adopted

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

100098
COMMUNICATION - Notice received from The Landing Mall Community Improvement District regarding their Proposed Budget for fiscal year Mary 1, 2010 – April 30, 2011.


Received And Filed

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

100099
COMMUNICATION - Notice received from the Martin City Community Improvement District regarding their proposed budget for fiscal year May 1, 2010- April 30, 2011.


Received And Filed

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

100100
COMMUNICATION - Notice received from Truman Road Community Improvement District regarding their Proposed Budget for fiscal year May 1, 2010 – April 30, 2011-


Received And Filed

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

100101
COMMUNICATION - Notice received from The Shops on Blue Parkway Community Improvement District regarding their Proposed Budget for fiscal year May 1, 2010 - April 30, 2011.


Received And Filed

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

100102
COMMUNICATION - Notice received from Zona Rosa Community Improvement District regarding their Proposed Budget for fiscal year May 1, 2010 - April 30, 2011.


Received And Filed

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

100103
COMMUNICATION - Notice received from Westport Community Improvement District I regarding their Proposed Budget for fiscal year May 1, 2010 - April 30, 2011.


Received And Filed

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

100104
COMMUNICATION - Notice received from Westport Community Improvement District II regarding their Proposed Budget for fiscal year May 1, 2010 - April 30, 2011.


Received And Filed

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

100105
COMMUNICATION - Notice received by the City Clerk regarding Petition of Protest of Zoning Change regarding Ordinance No. 091073 received February 2, 2010.


Referred to Planning and Zoning Committee

100084
RESOLUTION - Expressing the support of the Mayor and City Council for a 99-year lease between the City or a city redevelopment agency and the General Services Administration for Block 100 in the East Village Redevelopment Area.


Adopted

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

100109
RESOLUTION - Approving the appointments of Kevin Neal, Susan Doolan, Darrell Hurst, Mark VanLoh and James Didion to the Kansas City International Airport Community Improvement District Board of Directors.


Adopted

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

100112
RESOLUTION - Calling upon the United States Government to repeal “Don’t Ask, Don’t Tell” in favor of a policy of nondiscrimination; calling for a thoughtful application of “Don’t Ask, Don’t Tell” in the interim; and requiring the City Clerk to prepare and distribute copies of this Resolution.


Councilmember Sanders Brooks Move to Amend

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


Adopted as Amended

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

100113
RESOLUTION - Expressing the Council’s intent to continue the planning for a downtown convention center headquarters hotel; advocating that the State of Missouri maintain its existing economic development programs and that the State and its agencies provide financial assistance and economic incentives to support the development of a headquarters hotel; authorizing and directing the City’s representatives to communicate the City’s intent and anticipated needs to the Missouri Congressional delegation and other appropriate government officials and take actions to seek and obtain the funds needed to develop the headquarters hotel; and supporting the addition of seeking state financial assistance for the headquarters hotel to the common economic development agenda developed by the City and area civic groups.  


Adopted

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

100031
(Sub.)
Authorizing a development agreement among the Planned Industrial Expansion Authority of Kansas City, Missouri, CenterPoint Zimmer LLC, the Industrial Development Authority of the City of Kansas City, Missouri, and the City for the development of a campus for the National Nuclear Security Agency; estimating revenue in the amount of $20,750,000.00; and appropriating it and authorizing its expenditure for the Botts Road Project.


Passed as Substituted

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

100063
Authorizing the Director of Water Services Department to enter into a $5,631,724.94 contract with Foley Company for Contract No. 8636, Project No. 80000193, Renovation of Filter Gallery B (Section I Work); authorizing the Director of Water Services to expend $6,080,000.00 for construction of the project; authorizing the Director of Water Services to enter into a $1,410,400.00 contract with Black and Veatch Corporation for Contract No. 8699, Project No. 80000193, Renovation of Filter Gallery B (Section I Work) Construction Phase Services Phase II; authorizing the Director of Water Services to charge up to $741,006.35 for project management costs; authorizing the Director of Finance to return unexpended appropriations to the appropriate account; and recognizing an emergency.


Passed

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

100064
Authorizing the Director of Water Services Department to enter into a $2,805,895.00 contract with Burns and McDonnell Engineering Company, Inc. for Contract No. 995, Project No. 81000297, Fishing River WWTP Expansion Project Design – Phase II; authorizing the Director of Water Services to expend $2,905,895.00 for the project; authorizing the Director of Water Services to charge up to $649,669.00 for project management costs associated with this project; and authorizing the Director of Finance to return unexpended appropriations to the appropriate account.


Passed

Ayes: 12 - Hermann, Skaggs, Ford, Johnson, 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 ORDINANCE NO(S): ADVANCE CONSENTS: 100082 ADVANCE DEBATES: 090909 (3sub) 100066 091068 (sub) 100087 ON THREE SEPARATE DAYS BE WAIVED AND THAT THIS ORDINANCE BE ADVANCED FOR FINAL READING AND CONSIDERATION AT THIS TIME.
 
Ayes: 12 - Hermann, Skaggs, Ford, Johnson, Sanders Brooks, Gottstein, Marcason, Circo, Riley, Jolly, Sharp, Funkhouser
Nays: 0

100082
Amending Ordinance 080248 by repealing Section 4 and enacting a new section to authorize the Director of Public Works to execute a public infrastructure cooperative agreement with Lee's Summit, Missouri for the design of street improvements; and designating requisitioning authority.


Passed

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

090909
(Sub.)
Amending Chapter 88, Code of Ordinances, by adding a new Section 88-25-03.1, Continuation of Use Conditions and Use Limitations on Site-Specific Development Plans, and amending Section 88-530-10, Approval Criteria, to add additional criteria for the review of major and minor site plans.


Passed As Third Substitute

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

100066
Cancelling the City Council standing committee meetings and legislative and business sessions for the weeks of February 15, 2010; March 15, 2010; July 5, 2010; August 9, 2010; September 13, 2010; November 22, 2010; November 29, 2010; December 20, 2010; and December 27, 2010.


Councilmember Hermann Move to Amend
FNA will meet during the week
Seconded by Councilmember Ford
Ayes: 12 - Hermann, Skaggs, Ford, Johnson, Sanders Brooks, Gottstein, Marcason, Circo, Riley, Jolly, Sharp, Funkhouser
Nays: 0


Passed as Amended

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

091068
(Sub.)
Authorizing the Director of Water Services Department to enter into a $1,578,000.00 contract with SAK Construction, LLC for Contract No. 1009, Project No. 81000582, Line Creek Sewer Rehabilitation, a Transform Missouri American Recovery and Reinvestment Act Project; authorizing the Director of Water Services to expend $1,735,800.00; authorizing the Director of Finance to return unexpended appropriations to the appropriate account; and recognizing an emergency.


Passed as Substituted

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

100087
Reducing appropriations in the Bridge Rehabilitation contingency account of the Capital Improvements Fund in the amount of $2,299,223.61; appropriating $2,299,223.61 to Project NO. 890B8054 Red Bridge Road Improvement Phase I from Holmes Road to Blue River; authorizing the City Manager to enter into a Cooperative Agreement with Kansas City Power & Light Company in the amount of $2,299,223.61; stating the Mayor and City Council’s intention to repay the Bridge Rehabilitation Contingency account with recommended funds in the FY 2010-11 Capital Improvements Program; and authorizing the City Manager to expend $2,299,223.61 for the Cooperative Agreement.


Passed

Ayes: 12 - Hermann, Skaggs, Ford, Johnson, Sanders Brooks, Gottstein, Marcason, Circo, Riley, Jolly, Sharp, Funkhouser
Nays: 0
 
 Councilmember Skaggs Move to Waive Charter Requirement
MOVE THAT THE CHARTER REQUIREMENTS FOR READING OF THE ORDINANCE ON THREE SEPARATE OCCASIONS IS WAIVED FOR THE ORDINANCES ON SECOND READING ON PAGES 7-9 TODAY’S DOCKET AND THAT THESE ORDINANCES BE PLACED ON THE DOCKET NEXT WEEK FOR THIRD READING.
 
Ayes: 12 - Hermann, Skaggs, Ford, Johnson, Sanders Brooks, Gottstein, Marcason, Circo, Riley, Jolly, Sharp, Funkhouser
Nays: 0

090905
Approving the plat of Grand Boulevard Lofts, an addition in Jackson County, Missouri; and authorizing the City Clerk to record this ordinance and attached documents. (SD1420A)


Add to Consent Docket

090945
(Sub.)
Amending Ordinance No. 030581, approving the preliminary plat of Valley of Pine Grove, by repealing a provision prohibiting the roadway connection to the development to the east; requiring the Director of Public Works and Director of City Development to take enforcement action to require developer to complete certain interior street improvements; and providing for the removal of the barricades at N.E. 101st Street and N. Lawn Avenue.


Assigned Third Read Calendar as Substituted

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)


Assigned Third Read Calendar as Substituted

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)


Assigned to Third Read Calendar

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)


Assigned Third Read Calendar as Substituted

100004
Approving an amendment to a previously approved preliminary development plan in District C-2-p on approximately a 7 acre tract of land generally located on the northwest corner of Missouri Highway 152 and N. Brighton Avenue. (12315-P-2)


Assigned to Third Read Calendar

100011
Approving the plat of Cresta Bella, 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. (SD1277A)


Add to Consent Docket

100022
Vacating a portion of E. 147th Street, east of Holmes Road, Kansas City, Jackson County, Missouri; retaining a utility easement; and directing the City Clerk to record certain documents. (1608-V)


Assigned to Third Read Calendar

100071
Releasing a storm drainage easement in Clay County, Missouri, and directing the City Clerk to record the release.


Add to Consent Docket

100074
Accepting approximately 11.13 acres of vacant land contiguous to Sunset Park as an expansion to Sunset Park and declare it to be Park property and to remain such forever in accordance with the provisions of Section 1004 of the Charter as an addition to the Kansas City, Missouri, Parks, Recreation and Boulevard System and directing the City Clerk to record this ordinance and attached documents.


Assigned to Third Read Calendar

100059
Condemning and taking property rights on private properties for the construction and maintenance of Line Creek Trail, in Kansas City, Platte County, Missouri; providing for the payment of just compensation; authorizing continued negotiations by the Capital Improvement Management Office; and authorizing the City Clerk to record this ordinance in the Office of the Platte County Recorder.


Add to Consent Docket

100068
Authorizing an increase to the contingency of a contract with Haines & Associates Construction Co. Inc. for Project No. 89003566, NE 39th Street & Prather Road Sanitary Sewer in the amount of $22,000.00; and authorizing the City Manager to expend $22,000.00 for the project.


Add to Consent Docket

100069
Authorizing a five year office Lease Agreement between the City and Cherokee Distribution Services, Inc. at the Kansas City Downtown Airport.


Assigned to Third Read Calendar

100073
Appropriating $1,950,000.00 from the Unappropriated Fund Balance of the Capital Improvements Fund to fund projects in the Third and Fifth Council Districts; and designating requisitioning authority.


Assigned to Third Read Calendar

100085
Approving a $112,070.00 Amendment No. 3 with Taliaferro and Browne, Inc. for Contract No. 053, Project No. 81000597, CID Storm Sewers Phase I; authorizing the Director of Water Services to expend $112,070.00 for this amendment; and authorizing the Director of Finance to return unexpended appropriations to the appropriate account.


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 10-11 OF TODAY’S DOCKET AND THAT THESE ORDINANCES BE INTRODUCED AS LISTED TO THE COMMITTEE SO DESIGNATED.
 
Ayes: 12 - Hermann, Skaggs, Ford, Johnson, Sanders Brooks, Gottstein, Marcason, Circo, Riley, Jolly, Sharp, Funkhouser
Nays: 0

100096
Approving and authorizing settlement of a claim by Blue Ridge Bank & Trust, File No. T0809-0672B.


Referred to Finance and Audit Committee

100097
Approving and authorizing settlement of a claim by Kansas City Power & Light, File No. T0910-0233.


Referred to Finance and Audit Committee

100108
Approving and authorizing settlement of a claim for a workers' compensation benefits filed by Joseph Martin for injuries resulting from an accident on July 30, 2007, while employed by the City.


Referred to Finance and Audit Committee

100107
RESOLUTION - Expressing the City Council’s support of the U.S. Department of Energy’s identification of the Waste Control Specialists’ facility near Andrews, Texas as the “Preferred Alternative” for a long-term storage facility for elemental mercury generated within the United States and directing the City Clerk to immediately transmit this Resolution to various legislative bodies and administrative entities.


Referred to Legislative Committee

100094
Accepting supplemental funding from the U.S. Environmental Protection Agency and the American Recovery and Revitalization Act (ARRA) to increase capitalization of the Kansas City Brownfield Revolving Loan Fund; estimating revenue and appropriating it in the amount of $2,086,267.00 in the Brownfield Revolving Loan Fund; reducing revenue in the General Fund in the amount of $926,267.00; reducing appropriations in the General Fund in the amount of $926,267.00; and authorizing the Director of City Development to enter into an amended cooperative agreement with the U.S. Environmental Protection Agency.


Referred to Planning and Zoning Committee

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)


Referred to Planning and Zoning Committee

100091
Accepting and approving a one-year $51,400.00 contract with the Missouri Department of Health and Senior Services to provide funding for tuberculosis control activities.


Referred to Public Safety and Neighborhoods Committee

100092
Accepting and approving an $11,847.37 contract amendment with the Missouri Department of Health and Senior Services to provide additional funds to conduct preventive health screening of all newly arriving refugees in Kansas City; and increasing revenue and appropriations in the amount of $4,000.00 in the Governmental Grants Fund.


Referred to Public Safety and Neighborhoods Committee
 
 Councilmember Skaggs Move To Introduce

100114
Amending Chapter 88, Code of Ordinances, by adding a new subsection to Section 88-445-14, Outdoor advertising signs, which allows the relocation of outdoor advertising signs that are being relocated by the State of Missouri due to a state highway improvement project, and making inapplicable certain of the City’s outdoor advertising regulations to the relocated signs.


Referred to Planning and Zoning Committee
 
 Councilmember Sharp Move To Introduce

100115
Authorizing the City Manager to execute on behalf of the City of Kansas City, Missouri, a contract with Polsinelli Shughart, PC, for the providing of federal lobbying services and consultation on federal governmental affairs.


Referred to Legislative Committee
 
 Councilmember Sharp Move To Introduce

100116
RESOLUTION - Adding support for amending state sales tax statutes to expand their potential uses to include public safety staffing and operations as a major City priority for matters before the 2010 Session of the Missouri General Assembly.


Referred to Legislative 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.