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Last Published: 4/9/2009 6:21:14 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
 

090272
RESOLUTION - Declaring April 17, 2009, as “Wear Blue to Promote Child Abuse Awareness in Kansas City” Day.


Adopted

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

090287
COMMUNICATION - Notice from the City Clerk regarding receipt of a petition to establish the Brywood Centre Community Improvement District.


Received And Filed

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

090288
COMMUNICATION - Notice to the Mayor and City Council from the City Clerk regarding receipt of an Affidavit for the Recall of Mark Funkhouser from the Office of the Mayor.


Received And Filed

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

090244
Changing the names of various streets in Kansas City, Clay County, Missouri.


Passed

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

090245
Changing the names of various streets in Kansas City, Jackson County, Missouri.


Passed

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

090229
Approving Traffic Regulations Numbers 59813 through 59857, 59859 through 59863, 59813 through 59818, 59838 through 59846, 59819 through 59837, 59847 through 59857 and 59859 through 59863.


Passed

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

090064
Amending Committee Substitute for Ordinance No. 030925 by repealing Section 3 and enacting a new section regarding the appointment of Commissioners of the Downtown Economic Stimulus Authority. 


Passed

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

090152
Rezoning an area of approximately 7.1 acres generally located at the northwest corner of N.W. 64th Terrace and N. Cosby Avenue from Districts R-2a and CP-1 to District R-4. (6576-P-21).


Passed

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

090153
Rezoning an area of approximately 7.1 acres generally located at the northwest corner of N.W. 64th Terrace and N. Cosby Avenue from District R-4 (Low Apartments) to District PD/R-4 (Planned District/Low Apartments), and approving a preliminary development plan for the same. (6576-PD-22).


Passed

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

090164
(Sub.)
Approving an amendment to a previously approved development plan in District CP-1 on approximately 5.6 acres generally located at the northwest corner of N. Cosby Avenue and N.W. 64th Terrace, for the purpose of deleting an approximately 4.22 acre tract of land from the development plan. (6576-CP-19)


Passed as Substituted

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

090165
(Sub.)
Approving an amendment to a previously approved community unit project plan in District R-2a (Two-Family Dwellings)on approximately an 80.12 acre tract of land generally located at the northwest corner of N.W. 64th Terrace and N. Cosby Avenue, for the purpose of deleting an approximately 8.5203 acre tract of land from said community unit project plan. (6576-CUP-20)


Passed as Substituted

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

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)


Passed

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

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)


Passed

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

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)


Passed

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

090231
Rezoning an area of approximately 20.91 acres generally located on the south side of Blue Parkway between Jackson Avenue (extended) on the west and Elmwood Avenue (extended) on the east, from Districts R-1b and URD to District URD, and approving a development plan for the same. (12874-URD-1)


Passed

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

090219
(Sub.)
Amending Second Committee Substitute for Ordinance No. 090127, passed February 19, 2009, by repealing and reenacting Sections 1 and 3 thereof for the purpose of revising the list of projects to be considered for any future funding that might be available to the City through the American Recovery and Reinvestment Act of 2009 under the Surface Transportation Program, and establishing the City’s policy on reallocating funds for projects that receive federal funding.


Councilmember Johnson Move To Re-refer

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

090246
Authorizing the Director of Public Works to execute a public infrastructure funding agreement with the Tax Increment Financing Commission for the construction of street improvements to NW Barry Road east of I-29; and designating requisitioning authority.


Passed

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

090248
Approving a $205,000.00 Amendment No. 1 with Black and Veatch Corporation for Contract No. 8574, Project No. 80001316, Arrowhead Transmission Main (Phase 2); authorizing the Director of Water Services to expend $205,000.00 for the contract from previously appropriated funds; and authorizing the Director of Finance to return unexpended appropriations to the appropriate account.


Passed

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

090249
Authorizing the Director of Water Services Department to enter into a $2,456,500.00 contract with Haines and Associates Construction Company, Inc. for Contract No. 8577, Project No. 80001315, Highway 150 Transmission and Distribution Mains - Phase 2; authorizing the Director of Water Services to expend $2,702,150.00 from previously appropriated funds for the project; and authorizing the Director of Finance to return unexpended appropriations to the appropriate account.


Passed

Ayes: 12 - Hermann, Skaggs, Ford, Johnson, Curls, Sanders Brooks, Gottstein, Marcason, Circo, 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: 090259 ADVANCE DEBATES: 090225 090264 090265 090266 (sub) 090253 090263 ON THREE SEPARATE DAYS BE WAIVED AND THAT THIS ORDINANCE BE ADVANCED FOR FINAL READING AND CONSIDERATION AT THIS TIME. Motion was made by Councilman Johnson to exclude 090264 from advances and voted on separate. 13 ayes Ordinance 090264 advanced Hermann and Ford seconded 12 ayes one abstained (Johnson)
 
Ayes: 12 - Hermann, Skaggs, Ford, Curls, Sanders Brooks, Gottstein, Marcason, Circo, Riley, Jolly, Sharp, Funkhouser
Nays: 0

090259
Approving and authorizing settlement of a claim for a workers' compensation benefit filed by Raymond Smith for injuries resulting from an accident on May 26, 2006, while employed by the City.


Passed

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

090225
Establishing Fund No. 8071, the 2009A Water Project and Refunding Fund; estimating revenues in the amount of $213,186,868.00 in the Series 2009A Water Project and Refunding Fund; appropriating the same; designating requisitioning authorities; and authorizing the Director of Finance to close project accounts upon completion.


Passed

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

090264
Estimating revenue in the amount of $35,200.00 to the General Fund for reimbursement of audit fees and authorizing the Director of Finance to enter into a contract with BKD,LLP, to make the annual independent audit of the City’s books and records for the fiscal year ending April 30, 2009, and to perform other audit services, as requested; and authorizing the Director of Finance to pay up to $525,000.00 in consideration for said audit and audit related services.


Passed

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

090265
Appropriating $687,295.00 from the Unappropriated Fund Balance of various funds to increase the appropriation for Bartle Hall debt service variable rate bond, Recreation Vehicle Lease and Arbitrage Rebate Payments; and recognizing an emergency.


Passed

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

090266
(Sub.)
Authorizing the Director of City Development to execute a Subordination Agreement with Magellan Pipeline Company, L.P., for the plat of Kemp Estates First Plat, an addition in Clay County, Missouri; and authorizing the City Clerk to record this ordinance and attached Subordination Agreement. (SD1348)


Passed as Substituted

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

090253
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 number and subject matter which adds an exempted subsection listed in subsection 2 as identified.


Passed

Ayes: 12 - Hermann, Ford, Johnson, Curls, Sanders Brooks, Gottstein, Marcason, Circo, Riley, Jolly, Sharp, Funkhouser
Nays: 1 - Skaggs

090263
Transferring appropriations between business units by reducing certain appropriations in the Public Safety Sales Tax Fund and appropriating $2,262,811.00 to the South Patrol Police Station account; and designating requisitioning authority.


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

090260
Accepting the recommendations of the Tax Increment Financing Commission of Kansas City as to the Eighth Amendment to the KCI Corridor Tax Increment Financing Plan; approving the Eighth Amendment to the KCI Corridor Tax Increment Financing Plan. 


Assigned to Third Read Calendar

090261
(Sub.)
Accepting the recommendations of the Tax Increment Financing Commission as to the Fourth Amendment to the Parvin Road Corridor Tax Increment Financing Plan; and approving the Fourth Amendment to the Parvin Road Corridor Tax Increment Financing Plan.


Assigned Third Read Calendar as Substituted

090262
(Sub.)
Accepting the recommendations of the Tax Increment Financing Commission as to the Ninth Amendment to the Shoal Creek Parkway Tax Increment Financing Plan; and approving the Ninth Amendment to the Shoal Creek Parkway Tax Increment Financing Plan.


Assigned Third Read Calendar as Substituted

090258
Amending Chapter 48, Code of Ordinances, by repealing Section 48-73, Administrative citation fine for violation of chapter, and enacting in lieu thereof new section of like number and subject matter to revise administrative citation fines.


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 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

090270
Amending Ordinance No. 000866, by repealing Article 3.2 of the Supplemental Retirement Plan and enacting in lieu thereof a new article of like number and subject matter.


Referred to Finance and Audit Committee

090271
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, 2-1086, and 2-1099, and adopting in lieu thereof new sections of like number which sets the new salaries for the Mayor, Council Members and Judges. 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 years of service. Implements the second year of the pay grade and step changes per the MOU with Local Union 3808 of the International Association of Fire Fighters, AFL-CIO-CLC.


Referred to Finance and Audit Committee

090281
Reestimating revenue in the amount of $280,000.00 in the Home Investment Partnership Grant account; appropriating $280,000.00 to the Home Investment Partnership Grant account to roll forward unexpended grant funds from previous fiscal years to the current fiscal year; authorizing the Acting Director of Housing and Community Development to enter into a $280,000.00 contract with Jazz District Redevelopment Corporation for the rehabilitation of the six houses on Highland and the Rochester Hotel, all of which are located in the Historic 18th & Vine Jazz District; and designating requisitioning authority.


Referred to Housing Committee

090282
RESOLUTION - Amending the 2008 One Year Action Plan and submitting a Substantial Amendment to include funding from the American Recovery and Reinvestment Act of 2009 funding from the U. S. Housing and Urban Development for the Homelessness Prevention and Rapid Re-Housing Program.


Referred to Housing Committee

090269
Approving the plat of K C P L Northland Service Center, Second Plat, an addition in Clay and Platte Counties, 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. (SD0510A)


Referred to Planning and Zoning Committee

090284
Amending a previously approved development plan In District GP-3 on approximately a 34.84 acre tract of land generally located at the northwest corner of N.W. Cookingham Drive and N.W. Prairie View Road. (7893-GP-9)


Referred to Planning and Zoning Committee

090273
Authorizing the City Manager to execute an intergovernmental agreement with Jackson County, Missouri and the Kansas City, Missouri Board of Police Commissioners allowing the Jackson County Sheriff to enforce County ordinances relating to petty offenses and traffic regulation, and to provide certain other law enforcement assistance, within the corporate limits of the City situated within Jackson County, Missouri.


Referred to Public Safety and Neighborhoods Committee

090280
RESOLUTION - Recognizing youth and young adult violence as a public health and safety problem and supporting Aim4Peace’s efforts to seek creative funding and grant opportunities needed for the continuation of the initiative.


Referred to Public Safety and Neighborhoods Committee

090274
Authorizing an $865,246.00 contract with Ancor Information Management LLC dba Utilitec for Contract No. 09001, Water Bill Printing and Mail Services; authorizing the Director of Water Services to expend $865,246.00 for the project using previously appropriated funds; authorizing the Director of Water Services to exercise and execute the City’s annual one year renewal options for the contract without City Council approval with such funds as appropriated by the Council in future annual budgets; and authorizing the Director of Finance to return unexpended appropriations to the appropriate account.


Referred to Transportation and Infrastructure Committee

090275
Authorizing Amendment 2 to a Cooperative Agreement for sewer service between Kansas City, Missouri and Liberty, Missouri, which sets future rates for sewer service for the remaining term of the Agreement.


Referred to Transportation and Infrastructure Committee

090276
Authorizing the Director of Parks and Recreation to execute a cooperative agreement with the Missouri Department of Transportation for use of Transportation Enhancement grant funds on the Brush Creek Trail--Lake of the Enshriners to Prospect Avenue Project; estimating revenue and appropriating $490,000.00 to the Capital Improvements Fund; and designating requisitioning authority.


Referred to Transportation and Infrastructure Committee

090277
Authorizing the Director of Parks and Recreation to execute a cooperative agreement with the Missouri Department of Transportation for use of Transportation Enhancement grant funds on the Brush Creek Trail--Prospect Avenue to Woodland Avenue Project; estimating revenue and appropriating $412,508.00 to the Capital Improvements Fund; and designating requisitioning authority.


Referred to Transportation and Infrastructure Committee

090278
Authorizing the Director of Parks and Recreation to execute a cooperative agreement with the Missouri Department of Transportation for use of Transportation Enhancement grant funds on the Brush Creek Trail at Troost Avenue Project; estimating revenue and appropriating $500,000.00 to the Capital Improvements Fund; and designating requisitioning authority.


Referred to Transportation and Infrastructure Committee

090279
Authorizing the Director of Parks and Recreation to execute a cooperative agreement with the Missouri Department of Natural Resources for use of Recreational Trail Program grant funds on the Hodge-Smithville Trail in Robert A. Hodge Park; estimating revenue and appropriating $100,000.00 to the Capital Improvements Fund; and designating requisitioning authority.


Referred to Transportation and Infrastructure Committee

090283
Estimating revenue; reducing appropriation; appropriating $513,829.00 from the Capital Improvements Fund to the St. John Benton Intersection Improvements account; appropriating $200,000.00 from the Capital Improvements Sales Tax Fund to the St. John Benton Intersection Improvements account; authorizing a $654,672.90 contract with Kissick Construction; authorizing the City Manager to amend and increase this contract without further City Council approval; and recognizing an emergency.


Referred to Transportation and Infrastructure Committee

090285
Approving a $355,000.00 Amendment No. 1 with Black and Veatch Corporation for Contract No. 8360, Project No. 80001123, 72-Inch Pipeline for East Bottoms Reservoir (Phase 1); authorizing the Director of Water Services to expend $355,000.00 for this amendment; and authorizing the Director of Finance to return unexpended appropriations to the appropriate account.


Referred to Transportation and Infrastructure Committee

090286
Authorizing an increase in the contingency for Contract No. 08021, Citywide Asphalt and Concrete Repairs 2008-2009, with Superior Bowen Asphalt Company, LLC in the amount of $920,000.00 for additional work under the contract; authorizing the Director of Water Services Department to expend funds up to the amount of $920,000.00 from funds previously appropriated to satisfy the cost of this contract; authorizing the Director of Finance to return unexpended appropriations to the appropriate account; and recognizing an emergency.


Referred to Transportation and Infrastructure Committee
 
 Councilmember Hermann Move To Introduce

090289
Approving execution of the First Amendment to the Cooperative Agreement for Design and Construction with the Performing Arts Community Improvement District, and others, for excavation and design work necessary for the construction of the Parking Garage adjacent to the Performing Arts Center.


Referred to Finance and Audit Committee
 
 Councilmember Marcason Move To Introduce

090290
Authorizing a multi-party cooperative agreement for the undergrounding of overhead utility lines and the construction of curbs, sidewalks, gutters and decorative streetscape within the public right-of-way on West 17th Street.


Referred to Transportation and Infrastructure Committee
 
 Councilmember Jolly Move To Introduce

090291
Estimating revenue; appropriating $1,298,800.00 to the 87th Street Section 2 Roadway Improvements Account; authorizing a $6,859,047.37 contract with Clarkson Construction; authorizing the City Manager to amend and increase this contract without further City Council approval; and approving project management costs.


Referred to Transportation and Infrastructure Committee
 
 Councilmember Sanders Brooks Move To Introduce

090292
Authorizing the allocation of $774,914.83 from prior years unexpended HOME Community Housing Development Organization (CHDO) set-aside funds as awarded from the U.S. Department of Housing and Urban Development (HUD); amending the 2008 One-Year Action Plan and submitting the amendment to HUD for its consideration; appropriating $774,914.83 from the Unappropriated Fund Balance of the HOME Investment Fund; authorizing two contract amendments with CHDO developers for projects previously identified in the 2008 One-Year Action Plan; and designating requisitioning authority.


Referred to Housing Committee
 
 Councilmember Sanders Brooks Move To Introduce

090293
Authorizing the Director of the City Development Department to enter into a $175,000.00 contract with Collins Noteis and Associates for the Black Heritage Economic Development Plan for an area generally bounded by 29th Street on the south, 9th Street on the north, Prospect Avenue on the east and Troost Avenue on the west.


Referred to Planning and Zoning Committee
 
MISCELLANEOUS BUSINESS