Last Published: 2/11/2010 5:02:04 PM
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
 

100123
RESOLUTION - Congratulating Post 149 on celebrating its 90th anniversary.


Adopted

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

100127
RESOLUTION - Declaring the 13th day of February, 2010, as “LWV Making Democracy Work Day” in honor of the League of Women Voters 90th Anniversary.


Adopted

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

100132
RESOLUTION - Declaring that February 11, 2010, is Lauren Beth Dunleavy Day and that she is a “Kansas City hero”.


Adopted

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

100133
RESOLUTION - Honoring all barbers and beauticians that donated their time and labor to providing free haircuts and stylings to children attending George B. Longan French Magnet School in the Kansas City, Missouri School District.


Adopted

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

100117
COMMUNICATION - Notice from the City Clerk regarding the Annual Budget for the City of Kansas City, Missouri, Fiscal Year 2010-2011, submitted to the City Council of Kansas City, Missouri.


Received And Filed

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

100118
COMMUNICATION - Notice received from The Planned Industrial Expansion Authority regarding their 2008 Annual Report of the Crossroads Arts PIEA Area Projects.


Received And Filed

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

100125
COMMUNICATION - Notice received from City Development regarding Petition of Protest on Ordinance 091073 determining that signatures of the property owners area of land within 185 feet of the site, constitute 36.1% of the total area, therefore, the petition constitutes a valid petition of protest.


Received And Filed

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

100137
COMMUNICATION - Notice received from Skelly Community Improvement District regarding their Proposed Budget for fiscal year May 1, 2010 – April 30, 2011


Received And Filed

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

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.


Adopted

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

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.


Adopted

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

100124
RESOLUTION - Expressing the support of the City Council for Phase One of the CenterPoint Intermodal Center-Kansas City, on the grounds of the former Richards-Gebaur Air Force Base, to obtain Missouri Certified Site status as established by the Missouri Department of Economic Development.


Adopted

Ayes: 13 - Hermann, Skaggs, Ford, Johnson, Curls, 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)


Passed

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

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)


Passed

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

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


Passed

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

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.


Passed

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

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.


Passed

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

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.


Passed as Substituted

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

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)


Councilmember Ford Move To Hold On Docket
091072 and 091073 hold two weeks
Seconded by Councilmember Johnson
Ayes: 9 - Hermann, Ford, Johnson, Curls, Gottstein, Circo, Riley, Jolly, Funkhouser
Nays: 3 - Sanders Brooks, Marcason, Sharp


Held on Docket (2/25/2010)

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 On Docket

Seconded by Councilmember Johnson
Ayes: 9 - Hermann, Ford, Johnson, Curls, Gottstein, Circo, Riley, Jolly, Funkhouser
Nays: 3 - Sanders Brooks, Marcason, Sharp


Held on Docket (2/25/2010)

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 On Docket

Seconded by Councilmember Johnson
Ayes: 9 - Hermann, Ford, Johnson, Curls, Gottstein, Circo, Riley, Jolly, Funkhouser
Nays: 3 - Sanders Brooks, Marcason, Sharp


Held on Docket (2/25/2010)

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)


Passed

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

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)


Passed

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

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.


Passed

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

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


Passed

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

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.


Passed

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

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.


Passed

Ayes: 12 - Hermann, Skaggs, Ford, Curls, Sanders Brooks, Gottstein, Marcason, Circo, Riley, Jolly, Sharp, Funkhouser
Nays: 0
 
 Councilmember Hermann Move to Waive Charter Requirement
MOVE THAT THE CHARTER REQUIREMENTS FOR READING OF ORDINANCE NO(S): ADVANCE CONSENTS: 100096 100097 100108 ADVANCE DEBATES: 100075 100083 100115 (sub) 100091 100092 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, Curls, 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.


Passed

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

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


Passed

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

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.


Passed

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

100075
Approving and authorizing the execution of certain documents, and the taking of certain other actions in connection with $18,325,000.00 original principal amount of the Industrial Development Authority of the City of Kansas City, Missouri Taxable Leasehold Revenue Bonds (Century Towers Redevelopment Project), Series 2001.


Passed

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

100083
Accepting the recommendations of the Tax Increment Financing Commission as to the Fifth Amendment to the North Oak Tax Increment Financing Plan; and approving the Fifth Amendment to the North Oak Tax Increment Financing Plan.


Passed

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

100115
(Sub.)
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.


Passed as Substituted

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

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.


Passed

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

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.


Passed

Ayes: 13 - Hermann, Skaggs, Ford, Johnson, Curls, 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 ORDINANCE ON SECOND READING ON PAGE 8 TODAY’S DOCKET AND THAT THIS ORDINANCE BE PLACED ON THE DOCKET NEXT WEEK FOR THIRD READING.
 
Ayes: 11 - Skaggs, Ford, Johnson, Curls, Sanders Brooks, Gottstein, Marcason, Circo, 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.


Assigned Third Read Calendar as Substituted
 
 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 9-11 OF TODAY’S DOCKET AND THAT THESE ORDINANCES BE INTRODUCED AS LISTED TO THE COMMITTEE SO DESIGNATED.
 
Ayes: 11 - Skaggs, Ford, Johnson, Curls, Sanders Brooks, Gottstein, Marcason, Circo, 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.


Referred to Finance and Audit Committee

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


Referred to Finance and Audit Committee

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)


Referred to Planning and Zoning Committee

100134
Approving the preliminary plat of Pritchard Place on a 1.11 acre tract of land in District R-2a generally located on the north side of E. 66th Terrace, approximately 170 feet west of Broadmoor Road. (SD-1423)


Referred to Planning and Zoning Committee

100121
Accepting and approving a one year $503,326.00 contract with the Missouri Department of Health and Senior Services to provide funding for HIV/STD prevention services in Kansas City, Missouri.


Referred to Public Safety and Neighborhoods Committee

100126
Amending Chapter 10, Code of Ordinances, by repealing Section 10-211, Number of retail alcoholic beverage licenses, and enacting in lieu thereof a new section of like numbers and subject matters which corrects errors found in the wording of this section of the ordinance.


Referred to Public Safety and Neighborhoods Committee

100122
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.


Referred to Special Committee for Emergency Services

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.


Referred to Transportation and Infrastructure Committee

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.


Referred to Transportation and Infrastructure Committee

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.


Referred to Transportation and Infrastructure Committee

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.


Referred to Transportation and Infrastructure Committee

100135
Estimating revenue in the amount of $655,250.00 in the Capital Improvements Fund; appropriating $655,250.00 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.


Referred to Transportation and Infrastructure Committee
 
 Councilmember Riley Move To Introduce
 
Ayes: 13 - Hermann, Skaggs, Ford, Johnson, Curls, Sanders Brooks, Gottstein, Marcason, Circo, Riley, Jolly, Sharp, Funkhouser
Nays: 0

100138
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; authorizing the Director of City Development to enter into an amended cooperative agreement with the U.S. Environmental Protection Agency; and recognizing an emergency.


Councilmember Riley Move to Advance

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


Passed

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

100139
RESOLUTION - Expressing the City Council’s intent to identify certain funds for demolition debris and asbestos removal at the site of 2715 -21 Swope Parkway if MAC Healthcare, or another developer, constructs affordable low or moderate income housing on the site.


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.