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Last Published: 4/14/2011 4:20:07 PM
KANSAS CITY COUNCIL RECORD
 
Upon Roll Call the following members were present:
Presided:1 - BILL SKAGGS
Present:10 - DEB HERMANN, ED FORD, RUSS JOHNSON, MELBA CURLS, BETH GOTTSTEIN, JAN MARCASON, CINDY CIRCO, TERRY RILEY, CATHY JOLLY, JOHN SHARP
Out:1 - MARK FUNKHOUSER
Excused:1 - SHARON SANDERS BROOKS
 

110275
RESOLUTION - Declaring April 15, 2011, to be Wear Blue Day in recognition of National Child Abuse Prevention Month.


Adopted

Ayes: 9 - Hermann, Skaggs, Ford, Curls, Gottstein, Marcason, Circo, Riley, Sharp
Nays: 0

110276
RESOLUTION - Declaring April, 2011, as Sexual Assault Awareness Month.


Adopted

Ayes: 10 - Hermann, Skaggs, Ford, Curls, Gottstein, Marcason, Circo, Riley, Jolly, Sharp
Nays: 0

110279
RESOLUTION - Honoring the Legislative Fellows Delegates from Nepal, Kyrgyz Republic and Kazakhstan who will be in Kansas City to strengthen the understanding of the U.S. legislative process and civil society’s role, and foster relationships among Asian and American institutions.


Adopted

Ayes: 10 - Hermann, Skaggs, Ford, Curls, Gottstein, Marcason, Circo, Riley, Jolly, Sharp
Nays: 0

110274
COMMUNICATION - Emergency Regulation E41173


Received And Filed

Ayes: 11 - Hermann, Skaggs, Ford, Johnson, Curls, Gottstein, Marcason, Circo, Riley, Jolly, Sharp
Nays: 0

110290
COMMUNICATION - Notice from Stinson Morrison Hecker LLP to the City Clerk regarding submission of the proposed 2011-12 budget for the Brywood Centre Community Improvement District.


Received And Filed

Ayes: 11 - Hermann, Skaggs, Ford, Johnson, Curls, Gottstein, Marcason, Circo, Riley, Jolly, Sharp
Nays: 0

110291
COMMUNICATION - Notice from Husch Blackwell to the City Clerk regarding the Selection of Successor Directors for the Martin City Community Improvement District.


Received And Filed

Ayes: 11 - Hermann, Skaggs, Ford, Johnson, Curls, Gottstein, Marcason, Circo, Riley, Jolly, Sharp
Nays: 0

110292
COMMUNICATION - Notice from Husch Blackwell to the City Clerk regarding the Selection of Successor Directors for the Skelly Community Improvement District.


Received And Filed

Ayes: 11 - Hermann, Skaggs, Ford, Johnson, Curls, Gottstein, Marcason, Circo, Riley, Jolly, Sharp
Nays: 0

110299
COMMUNICATION - Notice from the City Clerk to the Mayor and Council certifying the March 22, 2011 Municipal General Election results from various election boards.


Received And Filed

Ayes: 11 - Hermann, Skaggs, Ford, Johnson, Curls, Gottstein, Marcason, Circo, Riley, Jolly, Sharp
Nays: 0

110244
RESOLUTION - Amending Resolution No. 951411 revising the composition of the City Market Oversight Committee.


Adopted

Ayes: 11 - Hermann, Skaggs, Ford, Johnson, Curls, Gottstein, Marcason, Circo, Riley, Jolly, Sharp
Nays: 0

110218
Amending Chapter 2, Code of Ordinances, by repealing Section 2-1332, Eligibility; retirement benefits, and enacting in lieu thereof a new section of like number and subject matter that limits the applicability of the existing retirement plan to elected officials’ service in office prior to May 1, 2011, (excepting an elected official who has continuously held office since May 1, 2007, and is reelected on March 22, 2011), and limits the participation in this plan to Municipal Court Judges appointed prior to May 1, 2011.


Passed

Ayes: 10 - Hermann, Skaggs, Ford, Johnson, Curls, Gottstein, Marcason, Circo, Riley, Sharp
Nays: 0

110219
(Sub.)
Amending Chapter 2, Code of Ordinances, by enacting a new Section 2, Article IX, Division 9, Kansas City Elected Officials Money Purchase Pension Plan.


Councilmember Sharp Move to Amend

Seconded by Councilmember Circo
Ayes: 10 - Hermann, Skaggs, Ford, Johnson, Curls, Gottstein, Marcason, Circo, Riley, Sharp
Nays: 0


Passed as Amended

Ayes: 10 - Hermann, Skaggs, Ford, Johnson, Curls, Gottstein, Marcason, Circo, Riley, Sharp
Nays: 0

110241
Amending Article VIII of the Administrative Code of Kansas City, Missouri, relating to the Classification and Compensation Plan, by repealing Sections 2-1075, 2-1076, 2-1077, 2-1078, 2-1079, and 2-1080, which creates four new classifications, eliminates nine and re-titles one and increases the maximum salaries of the pay grades by one percent for M-class non-exempt, exempt Administrative Secretaries 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.


Passed

Ayes: 11 - Hermann, Skaggs, Ford, Johnson, Curls, Gottstein, Marcason, Circo, Riley, Jolly, Sharp
Nays: 0
 
 Councilmember Hermann Move to Waive Charter Requirement
I MOVE THAT THE CHARTER REQUIREMENTS FOR READING OF ORDINANCE NO(S): ADVANCE CONSENTS: 1. 110256 3. 110248 5. 110252 2. 110245 4. 110251 6. 110261 ADVANCE DEBATES: 1. 110216 3. 110255 5. 110258 7. 110265 2. 110254 (sub) 4. 110253 6. 110262 ON THREE SEPARATE DAYS BE WAIVED AND THAT THESE ORDINANCES BE ADVANCED FOR FINAL READING AND CONSIDERATION AT THIS TIME.
 
Ayes: 11 - Hermann, Skaggs, Ford, Johnson, Curls, Gottstein, Marcason, Circo, Riley, Jolly, Sharp
Nays: 0

110256
Repealing Ordinance No. 090476 that approved the plat of Stonegate and enacting a new ordinance that approves the plat of Gemini Subdivision, 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)


Passed

Ayes: 11 - Hermann, Skaggs, Ford, Johnson, Curls, Gottstein, Marcason, Circo, Riley, Jolly, Sharp
Nays: 0

110245
Authorizing the Director of Water Services to execute a Cooperative Agreement with the Mission Lake Community Association, Inc., for construction of certain storm drainage improvements on certain common areas of the Mission Lake subdivision, located in Kansas City, Jackson County, Missouri; accepting a permanent drainage easement and temporary construction easement; and directing the City Clerk to record certain documents.


Passed

Ayes: 11 - Hermann, Skaggs, Ford, Johnson, Curls, Gottstein, Marcason, Circo, Riley, Jolly, Sharp
Nays: 0

110248
Authorizing the First Amendment of a contract with Linc Facility Services at Kansas City International Airport and appropriating $430,000.00 from the KC Airports Fund.


Passed

Ayes: 11 - Hermann, Skaggs, Ford, Johnson, Curls, Gottstein, Marcason, Circo, Riley, Jolly, Sharp
Nays: 0

110251
Authorizing the Director of Water Services to execute Change Order 1 for $47,702.79 with Site Rite Construction Company for Project No. 89003372, Sanitary Sewer Improvement at Leeds Road and Hunter Avenue, for additional work and time under the contract; authorizing the Director of Water Services Department to expend up to an additional $18,217.74 for the work from funds previously appropriated; and authorizing the Director of Finance to return unexpended appropriations to the appropriate account.


Passed

Ayes: 11 - Hermann, Skaggs, Ford, Johnson, Curls, Gottstein, Marcason, Circo, Riley, Jolly, Sharp
Nays: 0

110252
Authorizing a $54,994.00 agreement with Taliaferro and Browne, Inc. for design professional services for Contract No. 1050, Project No. 89003790, 55th and Bennington Phase II Sanitary Sewer; authorizing the Director of Water Services Department to expend $54,994.00 in previously appropriated funds for the project; authorizing the Director of Finance to return unexpended appropriations to the appropriate account; and assessing the properties benefited.


Passed

Ayes: 11 - Hermann, Skaggs, Ford, Johnson, Curls, Gottstein, Marcason, Circo, Riley, Jolly, Sharp
Nays: 0

110261
Authorizing the Director of Public Works to execute a License Agreement with the Missouri Highway and Transportation Commission to allow for the installation of safety and aesthetic enhancements on the Belleview Avenue Pedestrian Bridge over I-670; estimating revenues in the amount of $112,500.00 in connection with grant number STP 3400 (403) – I-670 Pedestrian Bridge Safety and Aesthetic Enhancements; appropriating funds in the Capital Improvements Fund; designating requisitioning authority; and recognizing an emergency.


Passed

Ayes: 11 - Hermann, Skaggs, Ford, Johnson, Curls, Gottstein, Marcason, Circo, Riley, Jolly, Sharp
Nays: 0

110216
Approving an amendment to a previously approved preliminary plan in District PD/C-2 on approximately 4.7 acres generally located at the northeast corner of W. 103rd Street and Wornall Road. (5772-PD-15)


Passed

Ayes: 11 - Hermann, Skaggs, Ford, Johnson, Curls, Gottstein, Marcason, Circo, Riley, Jolly, Sharp
Nays: 0

110254
(Sub.)
Reducing the Contingent Appropriation in the General Fund by $200,000.00; appropriating $200,000.00 to the Animal Shelter Operations account in the General Fund and amending the Animal Shelter Management Services Contract for the purchase of shelter equipment from the current contractor; and recognizing an emergency.


Passed as Substituted

Ayes: 11 - Hermann, Skaggs, Ford, Johnson, Curls, Gottstein, Marcason, Circo, Riley, Jolly, Sharp
Nays: 0

110255
Accepting and approving a $67,566.00 amendment to the contract with Truman Medical Center to provide additional primary health care services to eligible clients in the Kansas City Transitional Grant Area who meet Ryan White Title I guidelines; and declaring an emergency.


Passed

Ayes: 11 - Hermann, Skaggs, Ford, Johnson, Curls, Gottstein, Marcason, Circo, Riley, Jolly, Sharp
Nays: 0

110253
Authorizing the Director of Water Services Department to enter into a $1,159,302.00 contract with Foley Company for Contract No. 1043, Project No. 81000313, Northland Mobile Home Park Pump Station; authorizing expenditures of $1,275,500.00 from previously appropriated funds; and authorizing the Director of Finance to return unexpended appropriations to the appropriate account.


Passed

Ayes: 11 - Hermann, Skaggs, Ford, Johnson, Curls, Gottstein, Marcason, Circo, Riley, Jolly, Sharp
Nays: 0

110258
Appropriating $34,750.00 in the NID GO Bond Fund; estimating and appropriating revenues in the amount of $10,819,049.00; reducing appropriations by $600,000.00 and reappropriating same; reducing an appropriation in the Capital Improvements Fund by $600,000.00 and reappropriating it to various accounts; authorizing the Director of Finance to transfer expenditures on certain accounts between project funds; authorizing the Directors of Public Works, General Services, Parks and Recreation, and Capital Projects Departments to transfer encumbrances on certain accounts between project funds; designating requisitioning authorities; and authorizing the Director of Finance to close project accounts upon completion.


Passed

Ayes: 11 - Hermann, Skaggs, Ford, Johnson, Curls, Gottstein, Marcason, Circo, Riley, Jolly, Sharp
Nays: 0

110262
Authorizing the Director of Public Works to execute a $3,074,807.70 contract with Superior Bowen Asphalt Company LLC. for the resurfacing of various streets; authorizing the expenditure of funds in the amount of $3,074,807.70; and authorizing the Director of Public Works to execute change orders upon the City Manager’s approval.


Passed

Ayes: 11 - Hermann, Skaggs, Ford, Johnson, Curls, Gottstein, Marcason, Circo, Riley, Jolly, Sharp
Nays: 0

110265
Authorizing the Director of Public Works to execute a $3,158,578.50 contract with Superior Bowen Asphalt Company LLC. for the resurfacing of various streets; authorizing the expenditure of funds in the amount of $3,158,578.50; and authorizing the Director of Public Works to execute change orders upon the City Manager’s approval.


Passed

Ayes: 11 - Hermann, Skaggs, Ford, Johnson, Curls, Gottstein, Marcason, Circo, Riley, Jolly, Sharp
Nays: 0
 
 Councilmember Skaggs Move to Waive Charter Requirement
I MOVE THAT THE CHARTER REQUIREMENTS FOR READING OF THE ORDINANCES ON THREE SEPARATE OCCASIONS IS WAIVED FOR THE ORDINANCES ON SECOND READING ON PAGE 7 OF TODAY’S DOCKET AND THAT THESE ORDINANCES BE PLACED ON THE DOCKET NEXT WEEK FOR THIRD READING.
 
Ayes: 11 - Hermann, Skaggs, Ford, Johnson, Curls, Gottstein, Marcason, Circo, Riley, Jolly, Sharp
Nays: 0

101017
Approving the First Amended Hospital Hill I Urban Renewal Plan for an area of approximately 43 acres generally bounded by the Kansas City Terminal Railway tracks on the North, E. 25th Street on the South, Charlotte Street on the East, and Gillham Road on the West, by removing a portion of said plan; and declaring the area to be a blighted and insanitary area in need of redevelopment and rehabilitation pursuant to the Missouri Land Clearance for Redevelopment Authority law. (139-S-7).


Assigned to Third Read Calendar

101018
Approving the Fifth Amended Hospital Hill II Urban Renewal Plan for an area of approximately 228 acres generally bounded by E. 22nd Street on the north, Paseo Boulevard/US 71 on the east, Holmes Street on the west and E. 27th Street on the south, by removing a portion of said plan; and declaring the area to be a blighted and insanitary area in need of redevelopment and rehabilitation pursuant to the Missouri Land Clearance for Redevelopment Authority law. (139-S-8)


Assigned to Third Read Calendar

101019
Declaring the area generally bounded by the KCTRR tracts on the north, U.S. 71 on the east, Holmes Street on the west and E. 22nd Street on the south, as a blighted and insanitary area in need of redevelopment and rehabilitation pursuant to the Missouri Land Clearance for Redevelopment Authority law and approving the Hospital Hill North Urban Renewal Plan. (139-S-9)


Assigned to Third Read Calendar

110159
RESOLUTION - Approving the Heart of the City Area Plan as a guide for the future development, redevelopment and public investment within the area bounded generally by Interstate 70 on the north, The Paseo and Woodland Avenue on the west, Emanuel Cleaver II Blvd on the south and the Blue River on the east; and amending the Blue Valley Neighborhood Plan, the Oak Park North Area Plan, and the Oak Park South Area Plan by deleting the portion of these plans covered by the Heart of the City Area Plan; and repealing and replacing the Downtown East Area Plan, the Santa Fe Area Plan, and the Washington Wheatley/Wendell Phillips/Downtown East Neighborhood Planning Study. (685-S; 517-S-1; 385-S-16; 219-S-15; 242-S-8; 214-S-7; 413-S-12)


Assigned to Third Read Calendar

110250
Accepting and approving a one-year $710,000.00 contract with the Missouri Department of Health and Senior Services to provide funding for HIV case management services in Kansas City, Missouri.


Assigned to Third Read Calendar
 
 Councilmember Ford Move to Waive Charter Requirement
I MOVE THAT THE CHARTER REQUIREMENT FOR READING OF ORDINANCES ON THREE SEPARATE OCCASIONS BE WAIVED FOR THE ORDINANCES ON FIRST READING ON PAGES 8-10 OF TODAY’S DOCKET AND THAT THESE ORDINANCES BE INTRODUCED AS LISTED TO THE COMMITTEE SO DESIGNATED.
 
Ayes: 11 - Hermann, Skaggs, Ford, Johnson, Curls, Gottstein, Marcason, Circo, Riley, Jolly, Sharp
Nays: 0

110273
Approving and authorizing settlement of a claim for a workers' compensation benefit filed by Phillip Calcara for injuries resulting from an accident on March 27, 2009, while employed by the City.


Referred to Finance and Audit Committee

110281
Accepting and authorizing a grant from the Empowering Individuals Through Advocacy and Support (EITAS), Developmental Disability Services of Jackson County, to support accessibility in recreation programming provided in the amount of $61,305.00; estimating revenue and appropriating funds in the amount of $61,305.00 in the Park Maintenance Fund to provide education and access to programs for those with special needs; and designating requisitioning authority


Referred to Finance and Audit Committee

110298
Authorizing a contract not to exceed $250,000.00 with TriTech Software Systems for expanded licensing of TriTech computer aided dispatching software to facilitate consolidation of fire suppression and emergency medical services communication systems and to provide interface with new radio system.


Referred to Finance and Audit Committee

110289
Authorizing a $1,000.000.00 contract amendment with the Economic Development Corporation of Kansas City, Missouri, the Land Clearance for Redevelopment Authority of Kansas City, Missouri, the Port Authority of Kansas City, Missouri, the Tax Increment Financing Commission of Kansas City, Missouri, the Downtown Economic Stimulus Authority of Kansas City, Missouri, and the Enhanced Enterprise Zone Boards of Kansas City, Missouri, which provides for a four-month extension of the current contract and removes the Port Authority as a party to the contract.


Referred to Planning and Zoning Committee

110297
Authorizing the execution of a First Amendment to the Funding and Acquisition Agreement between the City, the Tax Increment Financing Commission of Kansas City, Missouri, the Planned Industrial Expansion Authority of Kansas City, Missouri, East Village, LLC, and Swope Community Builders to reflect a change in lease payments due the City from Swope Community Builders; and authorizing the execution of a First Amendment to the Lease Agreement with Swope Community Builders for Block 66 and a portion of Block 65.


Referred to Planning and Zoning Committee

110280
Authorizing the Administrator of the Municipal Court to enter into a contract with Legal Aid of Western Missouri in the amount of $931,332.00 to provide legal representation to indigent residents of Kansas City, Missouri.


Referred to Public Safety and Neighborhoods Committee

110285
Amending the 2005 Food Code of the City of Kansas City, Missouri by repealing Sections 1-201.10, Statement of Application and Listing of Terms, 8-301.11, Prerequisite for Operation, and 8-813.11(B)(7), Late Fee, and enacting in lieu thereof new sections of like name, number and subject matter for the purpose of adding new Farmers Market Vendor and Food Sampling permits and adjusting the allowable time for late permits.


Referred to Public Safety and Neighborhoods Committee

110286
Authorizing the Fire Chief to enter into 12-month agreements with the jurisdictions listed below to provide services.


Referred to Public Safety and Neighborhoods Committee

110287
Authorizing the Fire Chief to execute on behalf of the City of Kansas City, Missouri, an agreement with the Southern Platte County Ambulance District to provide such District with ambulance services.


Referred to Public Safety and Neighborhoods Committee

110293
Approving contracts with various agencies in the total amount of $955,971.00 for the events and projects from the Neighborhood Tourist and Development Fund.


Referred to Public Safety and Neighborhoods Committee

110294
Approving contracts with various agencies in the total amount of $267,000.00 for the events and projects from the Neighborhood Tourist and Development Fund.


Referred to Public Safety and Neighborhoods Committee

110295
Approving contracts with various agencies in the total amount of $114,500.00 for the events and projects from the Neighborhood Tourist and Development Fund.


Referred to Public Safety and Neighborhoods Committee

110296
That the Director of Neighborhood and Community Services is authorized to not execute contracts in the total amount of $143,750.00 for the Neighborhood Tourist and Development Fund projects and events.


Referred to Public Safety and Neighborhoods Committee

110277
Authorizing the Director of Parks and Recreation to enter into a Supplemental Cooperative Funding Agreement with the Missouri Department of Transportation for construction of the Blue River Trail Project STP3400(410).


Referred to Transportation and Infrastructure Committee

110278
Authorizing the Director of Parks and Recreation to enter into a License Agreement with the Missouri Department of Transportation for construction of the Blue River Trail under I-435 Bridge over the Blue River east of 103rd Street.


Referred to Transportation and Infrastructure Committee

110282
Authorizing the Director of Water Services Department to enter into a $1,200.000.00 contract with Wachs Valve and Hydrant Services, LLC, Contract No. 8745, Project No. 60800002, Water Valve Assessment, Mapping, and Data Management Program; authorizing the Director of Water Services to expend $1,200,000.00 for the project; and authorizing the Director of Finance to return unexpended appropriations to the appropriate account.


Referred to Transportation and Infrastructure Committee

110283
Authorizing the Director of Water Services to execute a Project Partnership Agreement (PPA) with the U.S. Army Corps of Engineers to construct a flood damage reduction project about the Swope Park Industrial Area in Kansas City, Jackson County, Missouri located in Council District No. 5; and authorizing the Director of Water Services to expend up to $5,200,000.00 for the City's cash match for the agreement, partially funded in the amount of $1,200,000.00 from funds previously appropriated with the balance subject to future appropriations.


Referred to Transportation and Infrastructure Committee

110284
Authorizing the Director of Water Services to expend an additional $399,450.00 as the City's increased cost share to construct a flood control levee and floodwall in the Dodson Industrial District in Kansas City, Jackson County, Missouri, located in Council Districts 5 and 6 as outlined in the Project Cooperation Agreement executed September 18, 2001 with the US Army Corps of Engineers.


Referred to Transportation and Infrastructure Committee

110288
Authorizing Acting Director of the Capital Projects Department to enter into a Funding Agreement between the Tax Increment Financing Commission of Kansas City, Missouri and Kansas City, Missouri to expend $650,000.00 from previously appropriated funds for the construction of N.E. 108th Street from I-435 West to Shoal Creek Parkway pursuant to the Shoal Creek Parkway Tax Increment Financing Plan.


Referred to Transportation and Infrastructure Committee
 
 Councilmember Hermann Move To Introduce

110300
Authorizing the City Manager to enter into a $583,675.00 contract with the Economic Development Corporation of Kansas City, the Land Clearance for Redevelopment Authority of Kansas City, the EDC Charitable Fund and the EDC Loan Corporation for management of the assets to be transferred from the Housing and Economic Development Financial Corporation; appropriating funds to the project account; appropriating funds in the amount of $583,675.00 from the Unappropriated Fund Balance of the General Fund; and designating requisitioning authority.


Referred to Finance and Audit Committee
 
 Councilmember Hermann Move To Introduce

110301
Declaring it necessary to change and re-establish the grades of, and the relocation, opening, establishing and dedicating of Street Right of Way on Northeast Soccer Drive, all in Kansas City, Clay County, Missouri; and directing the City Clerk to cause a notice to be published as provided for herein.


Referred to Transportation and Infrastructure Committee
 
 Councilmember Jolly Move To Introduce

110302
RESOLUTION - Recognizing the efforts of the Homelessness Task Force in creating the Greater Kansas City Housing Sustainability Plan (“Plan”), which attempts to identify issues related to homelessness; and sanctioning the transition of the Homelessness Task Force from a City of Kansas City, Missouri entity to the Mid-America Regional Council (“MARC”) to provide planning and coordination support as it transitions from completion of the Plan.


Referred to Public Safety and Neighborhoods 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. The City Clerk's Office now has equipment for the hearing impaired for use with every meeting. To check out the equipment please see the secretary for each committee. Be prepared to leave your Driver's License or State issued Identification Card with the secretary and she will give you the equipment. Upon returning the equipment your license will be returned.