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Last Published: 4/16/2010 2:20:03 PM
KANSAS CITY COUNCIL RECORD
 
Upon Roll Call the following members were present:
Presided:1 - MARK FUNKHOUSER
Present:10 - DEB HERMANN, BILL SKAGGS, ED FORD, RUSS JOHNSON, MELBA CURLS, SHARON SANDERS BROOKS, BETH GOTTSTEIN, CINDY CIRCO, TERRY RILEY, JOHN SHARP
Out:1 - CATHY JOLLY
Excused:1 - JAN MARCASON
 

100306
RESOLUTION - Congratulating Debra Churchill, City Market Property Manager, on being selected to receive the 2010 Produce Market Manager of the Year Award.


Adopted

Ayes: 10 - Hermann, Skaggs, Ford, Curls, Sanders Brooks, Gottstein, Circo, Riley, Sharp, Funkhouser
Nays: 0

100311
RESOLUTION - Declaring April 15, 2010, as A. Philip Randolph Day in Kansas City, Missouri.


Adopted

Ayes: 10 - Hermann, Skaggs, Ford, Curls, Sanders Brooks, Gottstein, Circo, Riley, Sharp, Funkhouser
Nays: 0

100320
RESOLUTION - Declaring April, 2010, as National Donate Life Month.


Adopted

Ayes: 10 - Hermann, Skaggs, Ford, Curls, Sanders Brooks, Gottstein, Circo, Riley, Sharp, Funkhouser
Nays: 0

100290
RESOLUTION - Adopting Appendices to the current Collective Bargaining Agreement with Local 3808, I.A.F.F., related to former MAST personnel and temporary emergency provisions.


Adopted

Ayes: 10 - Skaggs, Ford, Johnson, Curls, Sanders Brooks, Gottstein, Circo, Riley, Sharp, Funkhouser
Nays: 0

100291
RESOLUTION - Adopting an Article to the current Collective Bargaining Agreement with Local 42, I.A.F.F., related to former MAST personnel.


Adopted

Ayes: 10 - Skaggs, Ford, Johnson, Curls, Sanders Brooks, Gottstein, Circo, Riley, Sharp, Funkhouser
Nays: 0

100292
RESOLUTION - Authorizing the City Manager to execute an asset transfer agreement with the Board of the Metropolitan Ambulance Services Trust.


Adopted

Ayes: 10 - Skaggs, Ford, Johnson, Curls, Sanders Brooks, Gottstein, Circo, Riley, Sharp, Funkhouser
Nays: 0

100226
Approving the plat of Copperleaf Seventh Plat, an addition in Clay County, Missouri; accepting and releasing 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. (SD0980G)


Passed

Ayes: 10 - Skaggs, Ford, Johnson, Curls, Sanders Brooks, Gottstein, Circo, Riley, Sharp, Funkhouser
Nays: 0

100230
Releasing eight easements in Platte County, Missouri, and directing the City Clerk to record the releases.


Passed

Ayes: 10 - Skaggs, Ford, Johnson, Curls, Sanders Brooks, Gottstein, Circo, Riley, Sharp, Funkhouser
Nays: 0

100265
Repealing Ordinance No. 080234 that approved the plat of Fountain Hills Eighth Plat and enacting a new ordinance approving the plat of Fountain Hills Eighth Plat, an addition in Clay County, Missouri; accepting and releasing 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. (SD1054)


Passed

Ayes: 10 - Skaggs, Ford, Johnson, Curls, Sanders Brooks, Gottstein, Circo, Riley, Sharp, Funkhouser
Nays: 0

100271
Approving the plat of Brighton Crossing Condominium Twelfth Plat, an addition in Clay County, Missouri; 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. (SD1230L)


Passed

Ayes: 10 - Skaggs, Ford, Johnson, Curls, Sanders Brooks, Gottstein, Circo, Riley, Sharp, Funkhouser
Nays: 0

100272
Authorizing Amendment 5 to a Water Purchase Agreement between Kansas City, Missouri and Missouri-American Water Company.


Passed

Ayes: 10 - Skaggs, Ford, Johnson, Curls, Sanders Brooks, Gottstein, Circo, Riley, Sharp, Funkhouser
Nays: 0

100276
Declaring it necessary to establish the grades for construction of Manchester Trafficway and Colorado Avenue, all in Kansas City, Jackson County, Missouri; and directing the City Clerk to cause a notice to be published as provided for herein.


Passed

Ayes: 10 - Skaggs, Ford, Johnson, Curls, Sanders Brooks, Gottstein, Circo, Riley, Sharp, Funkhouser
Nays: 0

100278
Amending Chapter 70, Code of Ordinances, by enacting a new Section 70-541, Authorized emergency vehicle parking, pertaining to the reservation of parking spaces for authorized emergency vehicles.


Passed

Ayes: 10 - Skaggs, Ford, Johnson, Curls, Sanders Brooks, Gottstein, Circo, Riley, Sharp, Funkhouser
Nays: 0

100268
Establishing Fund No. 3396, the 2010B Taxable G.O. Bond Fund; estimating revenues in the amount of $3,473,467.00 in the Series 2010A G.O. Bond Fund (Fund No. 3395) and appropriating the same; reducing appropriations in Fund No. 3395 by $7,673,061.00; estimating revenues in the amount of $10,195,000.00 in the Series 2010B Taxable G.O. Bond Fund (Fund No. 3396) and appropriating the same; authorizing the City Manager to transfer $10,097,088.00 of encumbrances from Fund No. 3395 to Fund 3396; designating requisitioning authorities; and authorizing the Director of Finance to close project accounts upon completion.


Passed

Ayes: 10 - Skaggs, Ford, Johnson, Curls, Sanders Brooks, Gottstein, Circo, Riley, Sharp, Funkhouser
Nays: 0

100274
(Sub.)
Amending Article VIII of the Administrative Code of Kansas City, Missouri relating to the Classification and Compensation Plan, amends Sections 2-1075, 2-1076, 2-1077, 2-1078, 2-1079, 2-1080, 2-1081, 2-1082, 2-1083, 2-1099, and 2-1100 and adopting in lieu thereof new sections of like number which sets the new salaries for the Mayor, Council Members and Judges, creates eight new classifications for the MAST merger with the Kansas City Fire Department, eliminates two and re-title/bands three job classifications and increases the maximum salaries of the pay grades by one percent for M-class non-exempt, exempt and those pay grades covered by the Memorandum of Understanding between the City of Kansas City, Missouri and Local 500 American Federation of State, County and Municipal Employees, AFL-CIO and allows for one additional day of vacation for certain individuals with twenty or more years of continuous service.


Passed as Substituted

Ayes: 10 - Skaggs, Ford, Johnson, Curls, Sanders Brooks, Gottstein, Circo, Riley, Sharp, Funkhouser
Nays: 0

100247
Accepting a grant from the Kansas City Power and Light Company in the amount of $467,000.00 to provide weatherization services; estimating revenue and appropriating $467,000.00 in the KCPL Home Weatherization Grant account of the Housing Rehabilitation Loan Fund; designating requisitioning authority; and becoming effective May 3, 2010.


Passed

Ayes: 9 - Skaggs, Ford, Johnson, Curls, Sanders Brooks, Gottstein, Circo, Sharp, Funkhouser
Nays: 0

100248
Accepting a grant from Kansas City Power & Light Company-Greater Missouri Operations to provide weatherization services to its Greater Missouri Operations (Formerly Aquila territory); estimating revenue and appropriating $70,000.00 to various accounts of the Supportive Housing Rehabilitation Loan Fund; designating requisitioning authority; and becoming effective May 3, 2010.


Passed

Ayes: 9 - Skaggs, Ford, Johnson, Curls, Sanders Brooks, Gottstein, Circo, Sharp, Funkhouser
Nays: 0

100210
Approving an amendment to a previously approved preliminary development plan in District R-5-p (High Apartments – Limited District), on approximately a 5.5 acre tract of land generally located on the north side of 86th Street, and the west side of I-435, approximately 400 feet east of Hillcrest Road, to allow for a 12,000 square foot building addition to the existing union hall and office building. (8274-P-3)


Passed

Ayes: 10 - Skaggs, Ford, Johnson, Curls, Sanders Brooks, Gottstein, Circo, Riley, Sharp, Funkhouser
Nays: 0

100003
(Sub.)
Amending Chapter 10, Code of Ordinances, by repealing sections 10-291, Generally, 10-292, Temporary employee liquor permit for special event, and 10-373, Employment of minors, and enacting in lieu thereof new sections of like numbers and subject matters which eliminates a lifetime ban on all felony convictions for which a person is not eligible to receive a liquor permit and states specific felony convictions that would prohibit a person from obtaining an employee liquor permit.


Passed as Substituted

Ayes: 8 - Ford, Curls, Sanders Brooks, Gottstein, Circo, Riley, Sharp, Funkhouser
Nays: 2 - Skaggs, Johnson

100270
Repealing Ordinance No. 070595, condemning and taking standard sewer and temporary easements on private properties and enacting a new ordinance condemning and taking standard sewer and temporary easements on private properties for the construction and maintenance of sanitary sewers in the vicinity of 39th Street and Blue Ridge Cut Off in Kansas City, Jackson County, Missouri; providing for the payment of just compensation therefore; authorizing continued negotiations by the Capital Improvement Management Office; and directing the City Clerk to file this ordinance with the Recorder of Deeds in Jackson County, Missouri.


Passed

Ayes: 10 - Skaggs, Ford, Johnson, Curls, Sanders Brooks, Gottstein, Circo, Riley, Sharp, Funkhouser
Nays: 0

100275
Declaring it necessary to change and re-establish the grades for construction of N. Brighton Avenue, between Missouri Route 210 and NE Parvin Road, including any cross-streets involved in construction, all in Kansas City, Clay County, Missouri; and directing the City Clerk to cause a notice to be published as provided for herein.


Passed

Ayes: 10 - Skaggs, Ford, Johnson, Curls, Sanders Brooks, Gottstein, Circo, Riley, 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: There are no consent items this week. ADVANCE DEBATES: 100296 100280 100281 100295 100300 ON THREE SEPARATE DAYS BE WAIVED AND THAT THIS ORDINANCE BE ADVANCED FOR FINAL READING AND CONSIDERATION AT THIS TIME.
 
Ayes: 10 - Skaggs, Ford, Johnson, Curls, Sanders Brooks, Gottstein, Circo, Riley, Sharp, Funkhouser
Nays: 0

100296
Approving and authorizing settlement of the lawsuit styled Phillip Miller, et al., v. City of Kansas City, Missouri, et al., Case No. 08CY-CV02635.


Passed

Ayes: 9 - Skaggs, Ford, Curls, Sanders Brooks, Gottstein, Circo, Riley, Sharp, Funkhouser
Nays: 0

100280
Authorizing the City Manager to execute a consent decree with the United States of America to settle alleged violations of the federal Clean Water Act and provide for a 25-year implementation schedule for the City’s Overflow Control Plan.


Passed

Ayes: 9 - Skaggs, Ford, Curls, Sanders Brooks, Gottstein, Circo, Riley, Sharp, Funkhouser
Nays: 0

100281
Authorizing the City Manager to execute a settlement agreement with the State of Missouri to settle alleged violations of the Missouri Clean Water Law.


Passed

Ayes: 9 - Skaggs, Ford, Curls, Sanders Brooks, Gottstein, Circo, Riley, Sharp, Funkhouser
Nays: 0

100295
Authorizing the Director of Water Services to expend $2,500,000.00 for the City’s current contribution under the Turkey Creek Project Cooperation Agreement (PCA) between the U.S. Federal Government, through the U.S. Army Corps of Engineers, the Unified Government of Wyandotte County/Kansas City, Kansas (UG), and the City of Kansas City, Missouri; and recognizing an emergency.


Passed

Ayes: 9 - Skaggs, Ford, Curls, Sanders Brooks, Gottstein, Circo, Riley, Sharp, Funkhouser
Nays: 0

100300
Estimating revenue in the Capital Improvements Fund in the amount of $250,000.00; reducing appropriations in the Capital Improvements Fund and in the Arterial Streets Impact Fee Fund; appropriated a combined total of $16,974,365.82 from the unappropriated fund balances of various funds to the Troost at Brush Creek project; approving a $9,889,289.90 contract with Pyramid Contractors, Inc. and amendments in an amount not to exceed $988,930.10 without further council approval; approving project management costs of up to $1,300,000.00; authorizing the City Manager to expend up to $16,974,365.82; reappropriating the unencumbered and unexpended appropriations in the current fiscal year's account for the Troost at Brush Creek project to the same account for fiscal year 2010-11; and recognizing an emergency.


Passed

Ayes: 9 - Skaggs, Ford, Curls, Sanders Brooks, Gottstein, Circo, Riley, 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 8 TODAY’S DOCKET AND THAT THESE ORDINANCES BE PLACED ON THE DOCKET NEXT WEEK FOR THIRD READING.
 
Ayes: 9 - Skaggs, Ford, Curls, Sanders Brooks, Gottstein, Circo, Riley, Sharp, Funkhouser
Nays: 0

100294
Authorizing the City Manager to participate in the Metropolitan Area Regional Radio System as a Host Agency.


Assigned to Third Read Calendar

100301
Amending Chapter 62, Article VI of the Code of Ordinances of Kansas City, Missouri, entitled “Waste Tire Code”, by repealing Article VI therein composed of Sections 62-181 through 62-200, and enacting in lieu thereof a new Article VI, entitled “Tire Code”, consisting of new Sections 62-181 through 62-207 regulating the transportation, storage and disposal of tires and providing for fees for issuing permits to Tire Dealer establishments and Waste Tire Site establishments and a re-inspection fee for the inspection of establishments that fail their annual inspection or a complaint inspection; submitting these new fees to the qualified electors of Kansas City for their approval or disapproval; and recognizing an emergency.


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

100316
Estimating revenue in the amounts of $1,830,078.00 in the KCMAC 2006A Fund, $60,281.00 in the KCMAC 2004B Fund, $122,804.00 in the KCMAC 2004B Taxable Fund and $589,000.00 in the 11th and Oak Garage Fund; reducing appropriations of $467,894.00 in the KCMAC 2006A Fund, $208,249.00 in the KCMAC 2004B Fund and appropriating $2,418,335.00 to various projects in the KCMAC 2006A Fund, $122,804.00 to KCMAC 2004B Taxable Fund, $268,530.00 to KCMAC 2004B Bartle Hall Expansion Projects and $589,000.00 to 11th and Oak Garage Fund Projects.


Referred to Finance and Audit Committee

100318
Approving and authorizing settlement of a claim for a workers' compensation benefit filed by Kevin Dean for injuries resulting from an accident on January 14, 2008, while employed by the City.


Referred to Finance and Audit Committee

100310
RESOLUTION - Amending the 2010 One Year Action Plan and authorizing submission of a Substantial Amendment to the U.S. Department of Housing and Urban Development for its consideration in order to receive funding under the Community Development Block Grant, HOME Investment Partnerships, Emergency Shelter Grant, and Housing Opportunities for Persons with AIDS Programs.


Referred to Housing Committee

100305
Approving the plat of R & L Carriers, 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 documents. (SD0550E)


Referred to Planning and Zoning Committee

100315
Approving the plat of Pritchard Place, an addition in Jackson County, Missouri; accepting various easements; establishing grades on public ways; authorizing the Director of City Development to execute a cooperative agreement with Habitat for Humanity; designating requisitioning authority; and authorizing the City Clerk to record this ordinance and attached documents. (SD1423A)


Referred to Planning and Zoning Committee

100319
Consenting to the rate of front foot special assessment to be levied by the Westport Special Business District; consenting to the proposed uses of the revenues produced therefrom; estimating revenue in the amount of $41,573.12 in the Special Business District Fund; and appropriating $41,573.12 to an account in the Westport Special Business District Fund.


Referred to Planning and Zoning Committee

100302
Approving contracts with various agencies in the total amount of $192,900.00 for the events and projects from the Neighborhood Tourist and Development Fund.


Referred to Public Safety and Neighborhoods Committee

100303
Approving contracts with various agencies in the total amount of $205,809.00 for the events and projects from the Neighborhood Tourist and Development Fund.


Referred to Public Safety and Neighborhoods Committee

100304
Approving contracts with various agencies in the total amount of $60,000.00 for the events and projects from the Neighborhood Tourist and Development Fund.


Referred to Public Safety and Neighborhoods Committee

100307
Accepting and approving a $451,555.00 contract with Kansas City Free Health Clinic to provide Ambulatory/Outpatient Medical Care (primary care) services to eligible clients in the Kansas City Transitional Grant Area who meet Ryan White Title I guidelines.


Referred to Public Safety and Neighborhoods Committee

100308
Accepting and approving a $328,728.00 contract with Kansas City Free Health Clinic to provide Medical Case Management services to eligible clients in the Kansas City Transitional Grant Area who meet Ryan White Title I guidelines.


Referred to Public Safety and Neighborhoods Committee

100309
Amending Chapter 48, Nuisances, and Chapter 56, Property Maintenance Code of the Code of Ordinances, by enacting new Sections 48-82 and 56-3 establishing re-inspection fees; and submitting these new fees to the qualified electors of Kansas City for their approval or disapproval.


Referred to Public Safety and Neighborhoods Committee

100312
Condemning and taking permanent and temporary easements on private properties for the construction and maintenance of sanitary sewers in the vicinity of 55th Street and Bennington Avenue, in Kansas City, Jackson County, Missouri; providing for the payment of just compensation; authorizing continued negotiations by Water Services; and authorizing the City Clerk to record this ordinance in the Office of the Jackson County Recorder.


Referred to Transportation and Infrastructure Committee

100313
Authorizing the Director of Public Works to execute a contract with Standard Parking beginning February 1, 2010, for the management and operation of the 11th & Oak Parking Garage; and authorizing the Director of Public Works to exercise up to three one-year renewals of the contract.


Referred to Transportation and Infrastructure Committee

100314
Authorizing the Director of Public Works to execute Contract Amendment No. 2 in the amount of $200,000.00 with HDR Engineering, Inc. for Design Professional Services; reducing and appropriating funds totaling $200,000.00 in the General Fund; and designating requisitioning authority.


Referred to Transportation and Infrastructure Committee

100317
Declaring it necessary to change and reestablish the grades of, and the relocation, opening, establishing and dedicating of street right of way on N.E. 96th Street (Shoal Creek Parkway), all in Kansas City, Clay County, Missouri; and directing the City Clerk to cause a notice to be published as provided for herein.


Referred to Transportation and Infrastructure Committee
 
 Councilmember Riley Move To Introduce
 
Ayes: 10 - Skaggs, Ford, Johnson, Curls, Sanders Brooks, Gottstein, Circo, Riley, Sharp, Funkhouser
Nays: 0

100321
(Sub.)
RESOLUTION - Stating the Council’s intention to submit to the voters for their approval a sales tax for capital improvements and operations for public safety at a rate of ¼% rather than the possible ½% under Section 94.577, RSMo, in the event that Senate Bill 981 or House Bill 2250 become law and the Council’s intention to treat any such sales tax revenue as supplemental funding for the Kansas City, Missouri Police Department.


Councilmember Ford Move to Amend

Seconded by Councilmember Sanders Brooks
Ayes: 10 - Skaggs, Ford, Johnson, Curls, Sanders Brooks, Gottstein, Circo, Riley, Sharp, Funkhouser
Nays: 0


Councilmember Sharp Move to Amend

Seconded by Councilmember Ford
Ayes: 8 - Skaggs, Ford, Curls, Sanders Brooks, Circo, Riley, Sharp, Funkhouser
Nays: 1 - Gottstein


Councilmember Johnson Move to Amend

Seconded by Councilmember Ford
Ayes: 5 - Skaggs, Ford, Johnson, Curls, Funkhouser
Nays: 5 - Sanders Brooks, Gottstein, Circo, Riley, Sharp


Failed



Councilmember Riley Move to Amend
rescended motion and second
Seconded by Councilmember Circo


Councilmember Johnson Move to Amend

Seconded by Councilmember Sharp
Ayes: 10 - Skaggs, Ford, Johnson, Curls, Sanders Brooks, Gottstein, Circo, Riley, Sharp, Funkhouser
Nays: 0


Councilmember Johnson Move to Amend

Seconded by Councilmember Skaggs
Ayes: 10 - Skaggs, Ford, Johnson, Curls, Sanders Brooks, Gottstein, Circo, Riley, Sharp, Funkhouser
Nays: 0


Adopted as Further Amended
Adopted as Amended, Amended, Amended, Amended and further Amended
Ayes: 10 - Skaggs, Ford, Johnson, Curls, Sanders Brooks, Gottstein, Circo, Riley, Sharp, Funkhouser
Nays: 0
 
 Councilmember Skaggs Move To Introduce

100322
RESOLUTION - Expressing Council’s Interest in Creation of an Office of School Support and Public Engagement.


Referred to Finance and Audit Committee
 
 Councilmember Sharp Move To Introduce

100323
Creating and establishing Fund No. 6670, to be known as the MAST Escrow Fund.


Referred to Special Committee for Emergency Services
 
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.