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Last Published: 6/5/2009 11:40:31 AM
KANSAS CITY COUNCIL RECORD
 
Upon Roll Call the following members were present:
Presided:1 - MARK FUNKHOUSER
Present:10 - DEB HERMANN, BILL SKAGGS, RUSS JOHNSON, MELBA CURLS, SHARON SANDERS BROOKS, JAN MARCASON, CINDY CIRCO, TERRY RILEY, CATHY JOLLY, JOHN SHARP
Excused:2 - ED FORD, BETH GOTTSTEIN
 

090499
RESOLUTION - Expressing sympathy on the death of Anthony L. Mosley.


Adopted

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

090473
COMMUNICATION - Notice from the City Clerk to the Mayor and Council regarding receipt of the Certificate of Insufficiency from the Kansas City Board of Election Authority.


Received And Filed

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

090484
COMMUNICATION - Notice received from the Brookside Community Improvement District regarding their 2008-2009 Annual Report.


Received And Filed

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

090490
COMMUNICATION - Notice received from the Downtown Community Improvement District regarding their 2008-2009 Annual Report.


Received And Filed

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

090498
COMMUNICATION - Notice from the City Clerk regarding a Certificate of Insufficiency of a Petition for Recall of the Mayor.


Received And Filed

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

090463
(Sub.)
RESOLUTION - Supporting the transfer of Foreclosure Sale Use Agreement Restrictions of the United States Department of Housing and Urban Development from the Pickwick Plaza Apartments to the Nob Hill Apartments and Townhomes.


Adopted as Substituted

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

090436
(Sub.)
RESOLUTION - Amending the 2008 One Year Action Plan and submitting a Substantial Amendment to the U.S. Department of Housing and Urban Development to include funding from the American Recovery and Reinvestment Act of 2009 into the City of Kansas City, Missouri’s Community Development Block Grant (CDBG) Program.


Councilmember Hermann Move to Amend

Seconded by Councilmember Skaggs
Ayes: 6 - Hermann, Skaggs, Johnson, Marcason, Circo, Jolly
Nays: 5 - Curls, Sanders Brooks, Riley, Sharp, Funkhouser


Adopted as Substituted

Ayes: 8 - Curls, Sanders Brooks, Marcason, Circo, Riley, Jolly, Sharp, Funkhouser
Nays: 3 - Hermann, Skaggs, Johnson

090437
Establishing a Technical Review Committee to assist in the financial review and underwriting of development proposals seeking financial assistance from the City using Community Development Block Grant or HOME Investment Partnership Program funding provided by the U.S. Department of Housing and Urban Development.


Passed

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

090446
Reducing and increasing appropriations in the Community Development Block Grant Fund; authorizing the Director of Neighborhood and Community Services to enter into a contract with Legal Aid of Western Missouri in the amount of $100,115.00 for provision of certain legal services; and designating requisitioning authority.


Passed

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

090419
Accepting approximately 10.01 acres of vacant land contiguous to San Rafael Park as an expansion to San Rafael 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 Boulevards System and directing the City Clerk to record this ordinance and attached documents.


Passed

Ayes: 10 - Skaggs, Johnson, Curls, Sanders Brooks, 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: 090472 (2sub) 090471 090460 090465 090467 (sub) ADVANCE DEBATES: 090457 090470 (sub) 090438 (2sub 090458 090459 090468 (sub) 090452 090398 (sub) 090439 (sub) ON THREE SEPARATE DAYS BE WAIVED AND THAT THIS ORDINANCE BE ADVANCED FOR FINAL READING AND CONSIDERATION AT THIS TIME
 
Ayes: 10 - Hermann, Skaggs, Johnson, Curls, Sanders Brooks, Marcason, Circo, Jolly, Sharp, Funkhouser
Nays: 0

090472
(Sub.)
Directing the City Manager to develop a Fuel Price Risk Management Program for presentation to the Council and Board of Police Commissioners; and directing the Director of Finance to develop a fuel price management policy consistent with state law and industry best practices.


Passed As Second Substitute

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

090471
Approving the plat of Highland Plaza East – Second Plat, an addition in Clay County, Missouri; accepting and releasing 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. (SD0710G)


Passed

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

090460
Estimating revenue in the amount of $115,000.00 in the Capital Improvements Fund; appropriating $115,000.00 from the Unappropriated Fund Balance to the UMKC Sidewalk Improvement account; and designating requisitioning authority.


Passed

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

090465
Reducing an appropriation in the Capital Improvements Fund in the amount of $315,000.00 and appropriating it to accounts in the Capital Improvements Fund for trail projects in the First Council District.


Passed

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

090467
(Sub.)
Authorizing a $286,000.00 Amendment No. 2 to an agreement with Family Environmental Compliance Services for Project No. 640A7009 - East Village Block 100 and Block 82; authorizing the City Manager to expend $311,000.00 for the agreement; and recognizing an emergency.


Passed as Substituted

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

090457
Approving the Petition to establish the Brywood Centre Community Improvement District; establishing the Brywood Centre Community Improvement District, generally located on the northwest corner of 63rd Street and Blue Ridge Cut-off between Booth Avenue on the west and the city limits of Kansas City, Missouri on the east, in Kansas City, Jackson County, Missouri; and directing the City Clerk to report the creation of the District to the Missouri Department of Economic Development.


Passed

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

090452
Authorizing the Director of Health to enter into contracts with area health centers and Truman Medical Center to provide primary health care services for indigent residents in Kansas City, Missouri; and recognizing an emergency.


Passed

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

090470
(Sub.)
Stating the City’s intent to issue bonds or use a lease purchase agreement to fund the regional jail project; estimating revenue in the Equipment Capital Lease Acquisition Fund in the amount of $600,000.00; appropriating that amount from the Unappropriated Fund Balance to the MCI – Jackson County account; designating requisitioning authority; declaring the City’s intent to reimburse itself for certain expenditures; stating the City’s intent to replace certain public safety sales tax funds with other City resources; authorizing a $1,950,000.00 emergency contract with The Konrath Group, LTD, for Project No. 57000150 – Jackson County Detention Center; authorizing the City Manager to amend and increase this contract by up to $150,000.00; authorizing the City Manager to expend the sum of $2,100,000.00; and recognizing an emergency.


Passed as Substituted

Ayes: 10 - Hermann, Skaggs, Johnson, Curls, Sanders Brooks, Marcason, Circo, Jolly, Sharp, Funkhouser
Nays: 0

090398
(Sub.)
Authorizing the Director of Public Works to enter into an agreement with the Kansas City Area Transportation Authority for the provision of regular transit services, and Share-A-Fare transportation for the elderly and disabled residents of Kansas City, Missouri; Appropriating funds from the KCATA Sales Tax Fund Balance and the Public Mass Transportation Fund Balance; authorizing an expenditure in an amount not to exceed $45,498,201.00; and authorizing a reduction in payments in April of 2010 should sales tax collections not meet budgeted estimates.


Passed as Substituted

Ayes: 10 - Hermann, Skaggs, Johnson, Curls, Marcason, Circo, Riley, Jolly, Sharp, Funkhouser
Nays: 0

090438
(Sub.)
Authorizing a $6,924,453.50 contract with Interstate Improvement, Inc., for Project No. 62090344 – Airfield Pavement Repairs – Phase 2; authorizing the Director of Aviation to amend and increase this contract by up to $692,446.00; authorizing the Director of Aviation to expend $7,616,899.50 for the contract; estimating revenue in the General Improvement Airport Construction Fund; appropriating the sum of $7,616,899.50; and partially funding the project with an ARRA grant.


Passed As Second Substitute

Ayes: 10 - Hermann, Skaggs, Johnson, Curls, Marcason, Circo, Riley, Jolly, Sharp, Funkhouser
Nays: 0

090439
(Sub.)
Authorizing a $465,644.00 Amendment No. 2 to an agreement with Burns and McDonnell for Contract No. 62080330, Project 62090344 – Airfield Pavement Repairs, Phase 2; authorizing the Director of Aviation to expend $512,208.00 for the contract; estimating revenue in the General Improvement Airport Construction Fund; appropriating funds in the amount of $512,208.00; and partially funding the project with an ARRA grant.


Passed as Substituted

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

090458
Authorizing the Director of Public Works to enter into and execute an amendment to the Fiscal Year 2008-2009 contract with Custom Lighting Services, LLC. in an amount not to exceed $800,000.00; authorizing a $4,250,000.00 one-year agreement renewal for Fiscal Year 2009-10 with Custom Lighting Services, LLC, for streetlight repair and maintenance in all Council Districts; estimating and appropriating revenue in the amount of $500,000.00 in the Motor Fuel Tax Fund; authorizing the Director of Public Works to expend $4,250,000.00 for the project; authorizing the Director of Public Works to execute change orders; and recognizing an emergency.


Passed

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

090459
Authorizing the Director of Public Works to execute a $3,920,119.30 contract with Superior Bowen Asphalt Company LLC., for the resurfacing of various streets; authorizing the expenditure of funds in the amount of $3,920,119.30; transferring $3,920,119.30 from the street preservation contingency account to project 89020118 for the contract; transferring $200,000.00 from street preservation contingency to project 89020118 to cover direct costs; authorizing the Director of Public Works to execute change orders upon the City Manager’s approval; and recognizing an emergency.


Passed

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

090468
(Sub.)
Authorizing a $2,156,000.00 contract with Kingston Environmental Services for Project No. 640A7009 – East Village Block 100 – Demolition Asbestos Abatement; authorizing the City Manager to amend and increase of this contract by up to $215,600.00 without further Council approval; authorizing the City Manager to expend $2,371,600.00 for this contract; approving project management costs; and recognizing an emergency.


Passed as Substituted

Ayes: 10 - Hermann, Skaggs, Johnson, Curls, Sanders Brooks, Marcason, Circo, 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 PAGES 8-9 TODAY’S DOCKET AND THAT THIS ORDINANCE BE PLACED ON THE DOCKET NEXT WEEK FOR THIRD READING.
 
Ayes: 11 - Hermann, Skaggs, Johnson, Curls, Sanders Brooks, Marcason, Circo, Riley, Jolly, Sharp, Funkhouser
Nays: 0

090130
Approving a Development Assistance Agreement between Citadel Plaza, LLC and Block & Company, Inc. in connection with the Southtown Urban Life Development Tax Increment Financing Plan; approving the form of First Amendment to Cooperative Agreement to be executed by the City, the Tax Increment Financing Commission of Kansas City, Missouri, and Citadel Plaza LLC, and authorizing the City Manager to execute the First Amendment to Cooperative Agreement in such form; and determining that all requirements prior to the advance of City funds have been satisfied.


Councilmember Riley Move to Call from Committee
Councilmember Riley moved that ordinance 090130 be called out on Rule 28-A out of committee for second reading next week.
Seconded by Councilmember Circo

090433
Reducing revenue and appropriations in the Parking Garage Fund in the amount of $860,000.00 for Fiscal Year 2009-2010.


Assigned to Third Read Calendar

090462
Reducing and reappropriating funds in the amount of $50,000.00 from the Community Development Block Grant Fund for the NE Youth Crime Prevention Program and designating requisitioning authority.


Add to Consent Docket

090406
Vacating the plat of Phister Place, in Kansas City, Clay County, Missouri, and directing the City Clerk to record certain documents.


Assigned to Third Read Calendar

090453
Accepting and approving a one-year $2,845,364.00 contract amendment from the U.S. Department of Health and Human Services that provides additional funding for Ryan White Title I Services.


Assigned to Third Read Calendar

090417
Reducing the appropriation in an account in the Capital Improvements Fund by $456,000.00; appropriating that amount to the Traffic Signal and Intersection Improvements at 107th and Blue Ridge Boulevard account; authorizing a $561,202.48 contract with Leath and Sons, Inc., for Project Nos. 89004421 and 80001157 - Traffic Signal and Intersection Improvements at 107th and Blue Ridge Boulevard; authorizing the City Manager to amend and increase this contract by up to $84,180.37 without further City Council approval; and authorizing the City Manager to expend $645,382.85 for the contract. 


Add to Consent Docket

090422
Amending Ordinance No. 070421, which authorized continued negotiations and the filing of a petition in condemnation on properties needed for public use on N. Brighton Avenue between N.E. Vivion Road and N.E. 58th Street to accurately reflect which properties were taken by condemnation; and directing the City Clerk to record this ordinance with the Recorder of Deeds in Clay County, Missouri.


Add to Consent Docket

090428
Authorizing a $25,000.00 Amendment No. 4 to an agreement with TranSystems Corporation for Project No. 89001236 - NW 64th-68th Street (Gower) Connector; and authorizing the City Manager to expend $25,000.00 from previously appropriated funds for the project.


Add to Consent Docket

090434
Estimating and appropriating $775,000.00 in the Capital Improvements Fund for the Shoal Creek TIF for the design of Shoal Creek Parkway from N.E. 96th Street to N. Brighton Avenue.


Add to Consent Docket

090440
Authorizing a $1,199,407.00 Amendment No. 1 to an agreement with HNTB Corporation for Project No. 62090340 – Runway 1/19 Safety Area Construction; and authorizing the Director of Aviation to expend $1,319,348.00 for the contract.


Assigned to Third Read Calendar

090445
Authorizing reconstruction of sidewalks, curbs, driveway entrances, and appurtenances along various streets Citywide; reducing and appropriating $1,250,526.56 from the Revolving Public Improvement Fund; authorizing the Director of Public Works to expend $1,250,526.56 for the projects; and authorizing assessment of the costs against the properties benefited.


Assigned to Third Read Calendar

090461
RESOLUTION - Approving and adopting the City of Kansas City, Missouri’s Energy Efficiency and Conservation Strategy required for the United States Department of Energy’s Energy Efficiency and Conservation Block Grant Program; and directing the City Manager to submit the strategy together with the City’s application for formula grant funding and to implement the strategy.


Add to Consent Docket

090469
Approving a $160,000.00 Amendment No. 5 with Session Law Firm for legal services in connection with litigation of City of Kansas City, Missouri v. Foley Company and Brentwood Industries and Black & Veatch.


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 10-13 OF TODAY’S DOCKET AND THAT THESE ORDINANCES BE INTRODUCED AS LISTED TO THE COMMITTEE SO DESIGNATED.
 
Ayes: 11 - Hermann, Skaggs, Johnson, Curls, Sanders Brooks, Marcason, Circo, Riley, Jolly, Sharp, Funkhouser
Nays: 0

090478
Reducing an appropriation in the amount of $120,000.00 in the General Fund; and appropriating it to the Small Business Incubator account of the General Fund.


Referred to Finance and Audit Committee

090479
Reducing $3,593,574.00 in revenue; reducing $8,762,321.18 in appropriations; increasing appropriations by $3,324,473.68 all in the Capital Equipment Lease Acquisition Fund; and designating requisitioning authority.


Referred to Finance and Audit Committee

090481
Estimating revenues in the amount of $1,362,795.00 in the Economic Development Initiative Fund; appropriating $43,512.53 to certain Economic Development Initiative Fund accounts; and designating requisitioning authority.


Referred to Finance and Audit Committee

090483
Approving the issuance by the City of Kansas City, Missouri, of its Special Obligation Bonds to finance a portion of the costs relating to the Performing Arts Center parking garage; and approving and authorizing certain documents and actions relating to the issuance of the bonds.


Referred to Finance and Audit Committee

090486
Stating the intent of the Council to use a Master Equipment Lease/Purchase for the acquisition of a fuel management system; estimating and appropriating $1,050,000.00 in the City’s Equipment Lease Acquisition Fund; stating the intent of the Council to reimburse itself expenditures; and designating requisition authority.


Referred to Finance and Audit Committee

090489
Appropriating $1,012,925.14 from the Unappropriated Fund Balance of the Public Safety Sales Tax Fund; appropriating $233,496.00 from the Unappropriated Fund Balance of the Fire Sales Tax Fund; and recognizing an emergency.


Referred to Finance and Audit Committee

090492
Reducing the Contingent Appropriation in the General Fund by $368,602.00 and transferring it to the Convention & Tourism Fund; estimating revenue in the amount of $368,602.00 in the Convention and Tourism Fund; and appropriating it for management and operations of Kemper Arena and American Royal Center for the first four months of Fiscal Year 2009-2010.


Referred to Finance and Audit Committee

090497
Amending Ordinance No. 990932, by enacting new sections to adopt tax increment financing within Project 2b and Project 2c of the 19th Terrace & Central Tax Increment Financing Plan; approving and designating Project 2b and Project 2c as Redevelopment Projects and adopting tax increment financing therefor.


Referred to Finance and Audit Committee

090480
Accepting and approving grants from the U.S. Department of Housing and Urban Development for the Supportive Housing Program Grant in the total amount $715,853.00 to provide homeless services; estimating revenue by $5,417.00 and appropriating to the Supportive Housing Program account in the General Fund; and authorizing the Director of Neighborhood and Community Services to enter contracts with various non profit organizations for the delivery of homeless services


Referred to Housing Committee

090487
Authorizing the conveyance of three parcels of property generally located at 2454 Tracy, 2449 Forest and 2457 Forest in the Beacon Hill Development Project to the Beacon Hill Developers and directing the City Clerk to record certain documents.


Referred to Housing Committee

090493
Authorizing the Acting Director or the Director of Housing and Community Development and/or the court-appointed Receiver of the Housing and Economic Development Financial Corporation (“HEDFC”), pursuant to approval by the Federal Court, to accelerate the forgiveness of all single-family loans currently in HEDFC’s portfolio that do not have a principal and/or interest payment requirement and have satisfied the U.S. Department of Housing and Urban Development’s affordability period and, if applicable, the tax credit forgiveness schedule.


Referred to Housing Committee

090474
Rezoning an area of approximately 185.6 acres generally located at the northwest corner of Missouri Highway 150 and Botts Road from District RA to District URD, and approving a preliminary development plan for the same. (14025-URD)


Referred to Planning and Zoning Committee

090475
Approving the plat of South Hyde Park Condominium, 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. (SD1409)


Referred to Planning and Zoning Committee

090476
Approving the plat of Stonegate, an addition in Platte County, Missouri; accepting and releasing a certain easement; establishing grades on public ways; and authorizing the City Clerk to record this ordinance and attached documents. (SD0049H)


Referred to Planning and Zoning Committee

090482
Vacating the east-west alley north of E. 12th Street from Bennington Avenue east to the north-south alley, in Kansas City, Jackson County, Missouri, retaining a utility easement, and directing the City Clerk to record certain documents. (1580-V)


Referred to Planning and Zoning Committee

090477
Authorizing the Director of Neighborhood and Community Services to accept a contribution from the Bob Mohart Educational Fund; and appropriate funds for the sponsorship of program activities that support the education of children.


Referred to Public Safety and Neighborhoods Committee

090488
Estimating revenue and appropriating the sum of $124,000.00 to the Health Care Foundation Grant account; designating requisitioning authority; and recognizing an emergency.


Referred to Public Safety and Neighborhoods Committee

090491
Estimating revenue and appropriating additional Summer Food Service Program grant dollars; authorizing the Director of Neighborhood and Community to accept a grant through the Missouri Department of Health and Senior Services for the Summer Food Service Program, a U.S. Department of Agriculture program, in the amount of $331,531.00; and authorizing a contract with the Kansas City Missouri School District in amount not to exceed $299,182.00.


Referred to Public Safety and Neighborhoods Committee

090494
Estimating revenue and appropriating $2,000,000.00 in MTFC loan proceeds in FY 2009-10; and designating requisitioning authority.


Referred to Transportation and Infrastructure Committee

090495
Reducing an appropriation in the Capital Improvements Fund in the amount of $8,000,000.00; and specifying surface transportation projects for reallocation of funds due to the American Recovery and Reinvestment Act of 2009.


Referred to Transportation and Infrastructure Committee

090496
Estimating and appropriating revenue in the amount of $242,586.00 from the enforcement of certain Solid Waste regulations.


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

090500
RESOLUTION - Directing the City Manager to establish a long-term, sustainable City-wide curb and sidewalk improvement program to improve the conditions of the City’s curbs and sidewalks to approved industry standard.


Referred to Transportation and Infrastructure Committee
 
MISCELLANEOUS BUSINESS