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Last Published: 3/5/2009 4:29:21 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
 

090169
RESOLUTION - Recognizing the Public Works Department’s Solid Waste-Administration Division on its receipt of the City Manager’s 3-1-1 Action Center Partner of the Month Award


Adopted

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

090172
RESOLUTION - Honoring all persons with developmental disabilities and bringing awareness of their contributions to a better quality of life in Kansas City – and declaring March 2009 Developmental Disabilities Awareness Month in Kansas City, Missouri.


Adopted

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

090185
RESOLUTION - Congratulating the University of Missouri-Kansas City on being named to the 2008 President’s Higher Education Community Service Honor Roll.


Adopted

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

090171
COMMUNICATION - Notice from the City Clerk regarding receipt of the approved budget for the Performing Arts Community Improvement District for fiscal year 2009-10.


Received And Filed

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

090166
RESOLUTION - Directing the City Manager to explore and assess all reasonable alternatives that would eliminate or reduce the subsidy of annual operations for Kemper Arena, the American Royal Center Complex and related facilities; and directing the City Manager to report these alternatives within 60 days.


Adopted

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

090129
(Sub.)
Amending Chapter 2 of the Code of Ordinances of Kansas City, Article XIV “Budgetary and Financial Policies” by enacting new divisions and enacting sections which codify the Investment Policy, Contingent Appropriation Policy, Debt Policy, and Costs of Public Financing Policy for the City and renumbering Section 2-1950, Non-recurring Revenue Policy, as Section 2-1970.


Passed as Substituted

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

090079
Approving the Sixteenth Amendment to the Development Plan submitted by the Crown Center Redevelopment Corporation and authorizing the Director of Finance to enter into a Seventeenth Supplemental Contract with the Crown Center Redevelopment Corporation. (116-S-13)


Passed

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

090080
Approving an amendment to a previously approved development plan in District URD on approximately 26 acres generally bounded by 400 feet north of 26th Street on the north, McGee Street and Gillham Road on the east, Union Cemetery on the south and Grand Boulevard on the west. (12485-URD-2)


Passed

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

090088
Rezoning an area of approximately .54 acres generally located at the northwest corner of Independence Avenue and Myrtle Avenue from Districts R-2b and C-2 to District C-2. (13887-P)


Passed

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

090089
Rezoning an area of approximately .54 acres generally located at the northwest corner of Independence Avenue and Myrtle Avenue from District C-2 to District PD/C-2, and approving a preliminary development plan for the same. (13887-PD-1)


Passed

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

090091
Approving an amendment to a previously approved preliminary plan in District CP-1 (Neighborhood Planned Business Center) on a 10.64 acre tract of land generally located at the southwest corner of N.W. Barry Road and N. St. Clair Avenue. (5905-CP-45)


Passed

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

090092
Approving an amendment to previously approved preliminary development plan District CP-1 on an approximately 1.89 acre tract of land generally located at the southwest corner of N. Cypress Avenue and N.E. Vivion Road. (5200-CP-13)


Passed

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

090093
Amending the General Development and Land Use Plan, Kansas City International Airport, as amended, by changing the land use designation from Districts GP-3 and GP-5 to Districts GP-4 and GP-5 for an approximately 39.645 acre tract of land generally located on the north side of N.W. Barry Road and on both sides of N. Conant Avenue. (247-S-111)


Passed

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

090094
(Sub.)
Rezoning an area of approximately 39.645 acres generally located on the north side of N.W. Barry Road and on both sides of N. Conant Avenue from Districts GP-3 and GP-5 to Districts GP-4 and GP-5, and approving a development plan for the same. (6553-GP-3)


Passed As Second Substitute

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

090128
RESOLUTION - Consenting to the transfer of various tracts of land held by Land Trust of Jackson County, Missouri, and located in the Third Councilmanic District to Ivanhoe Neighborhood Council, for purposes of maintaining such land and for redevelopment.


Passed

Ayes: 13 - Hermann, Skaggs, Ford, Johnson, 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: There are no consents this week. ADVANCE DEBATES: 990348 (2sub) 990349 (2sub) 090151 090163(sub) 090168 080586(sub) ON THREE SEPARATE DAYS BE WAIVED AND THAT THIS ORDINANCE BE ADVANCED FOR FINAL READING AND CONSIDERATION AT THIS TIME. 13 ayes for advance Council Sharp-separate vote to request not to advance ordinances: 990348 and 990349
 
Ayes: 6 - Hermann, Skaggs, Ford, Johnson, Marcason, Circo
Nays: 7 - Curls, Sanders Brooks, Gottstein, Riley, Jolly, Sharp, Funkhouser

990348
(Sub.)
Approving and designating Redevelopment Project B of the Savoy Hotel Tax Increment Financing Redevelopment Plan, as a Redevelopment Project, and adopting tax increment financing therein.


Assigned Third Read Calendar as Substituted

990349
(Sub.)
Approving and designating Redevelopment Project C of the Savoy Hotel Tax Increment Financing Redevelopment Plan, as a Redevelopment Project, and adopting tax increment financing therein.


Assigned Third Read Calendar as Substituted

090151
Approving and authorizing settlement of a lawsuit entitled Charles Rice v. City of Kansas City, Missouri, Case No. 0716-CV03440.


Passed

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

090163
(Sub.)
Authorizing the Director of Finance to make mid-year adjustments to certain TIF and Super-TIF accounts by appropriating funds in the Unappropriated Fund Balances of various funds; increasing appropriations to redirect certain taxes to the North Kansas City School District; reallocating and reducing appropriations to transfer funds from the PMT, KCATA, Fire, Public Safety, C & T funds to the TIF Special Allocation Fund and various STIF funds; adjusting appropriations in the TIF Special Allocation Fund and various STIF funds; and appropriating $990,000.00 from the Unappropriated Fund Balance of the Convention and Tourism Fund, No. 2360, for operating expenses at Kemper Arena and the American Royal Center.


Held on Docket (3/12/2009)

090168
Authorizing the execution and delivery of a Cooperative Agreement among Kansas City, Missouri, Platte County, Missouri, the Tax Increment Financing Commission of Kansas City, Missouri and the Industrial Development Authority of Platte County, Missouri.


Passed

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

080586
(Sub.)
Detaching from the City approximately 8.69 acres generally bounded by Interstate 29 on the north, Interstate 635 on the west, Line Creek on the east, and the City of Riverside on the south and authorizing the Director of Public Works to execute a cooperative agreement with the City of Riverside for the detachment and for the construction of a bicycle and pedestrian trial.


Passed as Substituted

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 ORDINANCES ON THREE SEPARATE OCCASIONS IS WAIVED FOR THE ORDINANCES ON SECOND READING ON PAGES 6-7 OF TODAY’S DOCKET AND THAT THESE ORDINANCES BE PLACED ON THE DOCKET NEXT WEEK FOR THIRD READING. Including ordinances 990348 aand 990349
 
Ayes: 13 - Hermann, Skaggs, Ford, Johnson, Curls, Sanders Brooks, Gottstein, Marcason, Circo, Riley, Jolly, Sharp, Funkhouser
Nays: 0

090161
Determining compliance of the 909 Walnut “353” Development Plan located on about one acre generally on the east side of Walnut Street, between 9th Street and 10th Street, and authorizing the Director of City Development to issue a Certificate of Full Compliance. (583-S-1)


Assigned to Third Read Calendar

090138
Authorizing Director of the Water Services Department to enter into a Cooperative Agreement between Kansas City Terminal Railway Company, Union Pacific Railroad Company, and Kansas City, Missouri to expend $160,000.00 to obtain the rights provided in the related Longitudinal Pipeline Encroachment Agreement and Pipeline Crossing Agreement; and acknowledging a public purpose.


Assigned to Third Read Calendar

090155
Authorizing various traffic signal modifications; estimating revenue in the amount of $896,000.00 in the Capital Improvements Fund; appropriating the sum of $896,000.00 from the Unappropriated Fund Balance to various accounts in the Capital Improvements Fund; and designating requisitioning authority.


Assigned to Third Read Calendar

090157
Declaring it necessary to change and re-establish the grades of, and the relocation, opening, establishing and dedicating of Street Right of Way on North Gower Drive and Northwest 68th Street, Northwest Waukomis Drive, North Gower Drive Cul de Sac, Northwest Bryan Avenue, North Robinhood Lane, and Northwest 64th Street, all in Kansas City, Platte County, Missouri; and directing the City Clerk to cause a notice to be published as provided for herein.


Assigned to Third Read Calendar

090160
Authorizing the Director of General Services to execute a $744,990.00 Design Professional Services Agreement with International Architects, Atelier, Inc. for the HVAC Replacement and Interior Design of the Kansas City Museum’s Corinthian Hall and Carriage House Project; and appropriating $7,450.00 to the Public Art Fund.


Assigned to Third Read Calendar

090162
(Sub.)
Appropriating funds in the amount of $120,130.70 from the unappropriated Fund Balance of the Sewer Special Assessments Bond 1991 Fund; authorizing a $234,619.00 contract with Wilson Plumbing Co. for Project No. 89003400, 81000242 NE 88th & N Lathrop Sanitary Sewer Extension; authorizing the City Manager to amend and increase this contract by up to $23,462.00 without further City Council approval; authorizing the City Manager to expend $90,000 for administration of the project; authorizing the City Manager to expend $348,081.00 for the project; and authorizing assessment of the costs against the properties benefited.


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 8-12 OF TODAY’S DOCKET AND THAT THESE ORDINANCES BE INTRODUCED AS LISTED TO THE COMMITTEE SO DESIGNATED.
 
Ayes: 13 - Hermann, Skaggs, Ford, Johnson, Curls, Sanders Brooks, Gottstein, Marcason, Circo, Riley, Jolly, Sharp, Funkhouser
Nays: 0

090179
Estimating revenue in the amount of $270,135.00 in the General Fund from the United States Department of Homeland Security Staffing for Adequate Fire and Emergency Response (SAFER) program; establishing appropriations in the amount of $270,135.00; designating requisitioning authority; and recognizing an emergency.


Referred to Finance and Audit Committee

090180
Adopting the Annual Budget of the City for the Fiscal Year 2009-10; estimating the revenues for the fiscal year; appropriating for the purposes stated the sums set forth in the budget; designating requisitioning authorities; directing the Director of Finance to make the necessary entries upon the City’s records to show the appropriations and allocations provided for; and authorizing inter-fund loans.


Referred to Finance and Audit Committee

090181
Levying taxes for Fiscal Year 2009-10 for General Revenue, Health Levy, Museum Special Revenue and General Debt and Interest Funds on all property in Kansas City subject to taxation on January 1, 2009; providing for the extension of such levies by the Director of Finance; and authorizing the collection by the Director of Finance.


Referred to Finance and Audit Committee

090182
Levying a maintenance tax for Fiscal Year 2009-10 upon all real estate, exclusive of improvements, not exempt by law from general taxation, for the purpose of maintaining, adorning, constructing, repairing and otherwise improving the parks, parkways, boulevards, roads and grounds, and providing for the manner of payment and collecting the special assessment.


Referred to Finance and Audit Committee

090183
Levying a special assessment on the lots, tracts, and parcels of land in the East Park and West Park Districts abutting on certain boulevards, parkways, roads, streets, avenues and highways under the control and management of the Board of Parks and Recreation Commissioners for Fiscal Year 2009-10 for the purpose of maintaining, repairing, and otherwise improving the boulevards, parkways, roads, streets, avenues and highways in these districts.


Referred to Finance and Audit Committee

090186
Levying a special assessment upon all real estate, exclusive of improvements, not exempt by law from general taxation in the North, East and West Trafficway Districts for the purpose of maintaining, improving and repairing the trafficways, and providing for the manner of payment and collecting the special assessment.


Referred to Finance and Audit Committee

090193
Approving and authorizing settlement of a claim for a workers' compensation benefit filed by Nathaniel Rogers for injuries resulting from an accident on April 13, 2007, while employed by the City.


Referred to Finance and Audit Committee

090194
Amending Chapter 2, Code of Ordinances, by enacting a new section which establishes a Pooled Investment Portfolio Interest Earnings Allocation Policy.


Referred to Finance and Audit Committee

090195
Approving and authorizing settlement of a claim for a workers' compensation benefit filed by Gerald Lavallee for injuries resulting from an accident on August 21, 2007, while employed by the City.


Referred to Finance and Audit Committee

090175
Authorizing acceptance of a $735,000.00 special grant award from the U.S. Department of Housing and Urban Development to provide funding for the demolition of the Shopper’s Parkade Garage, located at 1025 Grand Boulevard, and construction of surface parking at the same location; authorizing execution of a contract in the amount of $735,000.00 with the Land Clearance for Redevelopment Authority to provide demolition and construction services for the Shopper’s Parkade project; estimating revenue in the amount of $735,000.00 in the Economic Dev Initiative Fund; increasing appropriations in the amount of $735,000.00 in the Economic Dev Initiative Fund; and designating requisitioning authority.


Referred to Housing Committee

090192
RESOLUTION - Approving the 2009 One Year Action Plan (“Plan”) in accordance with the National Affordable Housing Act of 1990, as amended; authorizing submission of said Plan to the U.S. Department of Housing and Urban Development; and certifying said Plan.


Referred to Housing Committee

090187
Adopting certain revisions to the Major Street Plan for Kansas City in six locations in an area generally located on the west side of I-29 between N.W. 97th Terrace (extended) on the south and N.W. 110th Street (extended) on the north; and directing the City Clerk to file certain documents with the appropriate offices (175-S-27)


Referred to Planning and Zoning Committee

090188
Ordering the Improvements within the 22nd Street Neighborhood Improvement District be made and financing therefore obtained by special assessment.


Referred to Planning and Zoning Committee

090189
Approving an amendment to a previously approved preliminary development plan in District CP-2 on approximately an 8.55 acre tract of land generally located on the west side of Blue Ridge Cut-Off, south of E. 63rd Street Trafficway. (13723-P-1)


Referred to Planning and Zoning Committee

090191
Approving a development plan in District GP-8 on approximately 687 acres generally located on the west side of I-29 between N.W. 97th Terrace (extended) on the south and N.W. 110th Street (extended) on the north. (13543-GP-1)


Referred to Planning and Zoning Committee

090173
Reducing an appropriation in the Capital Improvements Fund in the amount of $19,500.00 and appropriating it to an account in the Capital Improvements Fund for a project in the Fourth Council District.


Referred to Public Safety and Neighborhoods Committee

090170
Condemning and taking permanent and temporary easements on private properties for the construction and maintenance of sanitary sewers in the area of proposed Bittersweet Subdivision, in Kansas City, Platte County, Missouri; providing for the payment of just compensation therefore; authorizing continued negotiations by the Director of Water Services; consenting to the filing of the petition for condemnation by the City Attorney, on behalf of the City; and authorizing the City Clerk to file this ordinance with the Recorder of Deeds in Platte County, Missouri.


Referred to Transportation and Infrastructure Committee

090174
Authorizing the Director, Acting Director, and Deputy Director of the Water Services Department to act as the City’s designated authorized representatives for participation by the Water Services Department in the Missouri State Revolving Fund Program in accordance with state requirements administered by the Missouri Department of Natural Resources.


Referred to Transportation and Infrastructure Committee

090176
Releasing part of a permanent waterline easement in Clay County and directing the City Clerk to record this ordinance in the Office of the Recorder of Deeds for Clay County, Missouri.


Referred to Transportation and Infrastructure Committee

090177
Releasing part of a permanent waterline easement in Clay County and directing the City Clerk to record this ordinance in the Office of the Recorder of Deeds for Clay County, Missouri.


Referred to Transportation and Infrastructure Committee

090184
Authorizing a General Services Contract with Embarq Missouri, Inc. for Contract No. C200060 to provide communication services for Kansas City International Airport and the expenditure of previously appropriated funds in the amount of $2,800,000.00.


Referred to Transportation and Infrastructure Committee

090190
Authorizing a $30,000.00 Amendment No. 3 to an agreement with Shafer, Kline and Warren, Inc., for design services for Project No. 89005498 to replace N.W. 73rd Street Bridge over Small Creek and Project No. 89005500 to replace N.W. Hampton Bridge over Brush Creek; authorizing the City Manager to expend $30,000.00 from previously appropriated funds for the project; and approving project management costs.


Referred to Transportation and Infrastructure Committee

090196
Authorizing a $479,185.70 Amendment No. 2 to the contract with C & C Group, Inc. for Project No. 19970C39 – Automated Access Control at Kansas City International Airport; and authorizing the Director of Aviation to expend $479,185.70 for the contract.


Referred to Transportation and Infrastructure Committee
 
 Councilmember Jolly Move To Introduce

090197
RESOLUTION - Declaring the Homeless Assistance Submission & Redevelopment Plan for Marine Corps Support Activity at Richards-Gebaur as the official plan of record for the redevelopment and reuse of property declared surplus by the Department of the Navy.


Referred to Planning and Zoning Committee
 
 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 8-11 OF TODAY’S DOCKET AND THAT THESE ORDINANCES BE INTRODUCED AS LISTED TO THE COMMITTEE SO DESIGNATED.
 
Ayes: 13 - Hermann, Skaggs, Ford, Johnson, Curls, Sanders Brooks, Gottstein, Marcason, Circo, Riley, Jolly, Sharp, Funkhouser
Nays: 0
 
MISCELLANEOUS BUSINESS
 
 Closed Session Pursuant to the following subsections of Section 610.021 of the Revised Statutes of Missouri, there may be a closed session to discuss: (1) legal matters, litigation, or privileged communications with attorneys, pursuant to subsection 1; (2) real estate, pursuant to subsection 2; (3) personnel, pursuant to subsection 3 and 13; and/or (4) sealed bids or proposals, pursuant to subsection 12.