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Last Published: 9/17/2009 10:21:02 AM
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
 

090795
RESOLUTION - Honoring Dave Marak on his retirement after 26 years 9 months of dedicated service to the City of Kansas City, Missouri.


Adopted

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

090796
RESOLUTION - Recognizing Dennis Flanigan on the occasion of his retirement from the Kansas City Fire Department.


Adopted

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

090791
COMMUNICATION - Notice received from the 39th Street Community Improvement District regarding their 2009 Annual Report.


Received And Filed

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

090792
COMMUNICATION - Notice received from The Landing Mall Community Improvement District regarding their 2009 Annual Report.


Received And Filed

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

090793
COMMUNICATION - Notice received from Martin City Community Improvement District regarding their 2009 Annual Report.


Received And Filed

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

090797
COMMUNICATION - Notice received from Red Bridge Community Improvement District regarding their 2009 Annual Report.


Received And Filed

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

090798
COMMUNICATION - Notice received from Westport Community Improvement District II regarding their 2009 Annual Report.


Received And Filed

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

090777
RESOLUTION - Approving the mayoral appointments of Jeff Rumaner and Mary Lindsay to the Tax Increment Financing Commission of Kansas City, Missouri and the Downtown Economic Stimulus Authority of Kansas City, Missouri.


Held on Docket (9/17/2009)

090732
Authorizing an increase in the contingency of a contract with Fleshman Construction, Inc. for Project No. 62070316 – Building Upgrade @ 125 Paris Street at KCI in the amount of $300,000.00; and authorizing the Director of Aviation to expend funds for the project.


Passed

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

090733
Authorizing a $424,010.00 Amendment No. 3 to an agreement with S.K. Design Group, Inc. for Project No. 62060307 – Rehabilitate Airport Roadways at KCI; and authorizing the Director of Aviation to expend $466,411.00 for the contract.


Passed

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

090737
Authorizing Amendment 4 to a Water Purchase Agreement between Kansas City, Missouri and Missouri-American Water Company.


Passed

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

090654
Approving an amendment to a preliminary Community Unit Project in District R-1b on an approximately 51.99 acre tract of land generally located on the west side of N. Brighton Avenue between N.E. 57th Street and N.E. 59th Terrace. (6653-CUP-1)


Passed

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

090700
Approving an amendment to a previously approved preliminary development plan in District C-3a1-p on approximately a 14.39 acre tract of land generally located on the north side of 112th Terrace approximately 310 feet west of Hickman Mills Drive. (7348 P 7)


Passed

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

090709
Approving the preliminary plat of Centerpoint - KCS Intermodal Center on about a 375.1 acre tract of land generally located on both side of Botts Road, south of Missouri Highway 150. (SD 1411)


Passed

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

090722
Amending Chapter 10, Code of Ordinances, by repealing Section 10-38, Temporary closing of premises, and enacting in lieu thereof a new section of like number and subject matter which adds an additional factor for temporarily closing a premise.


Passed

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

090723
(Sub.)
Amending Chapter 10, Code of Ordinances, by repealing section 10-104, Sunday license, and enacting in lieu thereof a new section of like number and subject matter which changes the name of the tavern Sunday license to a sales-by-drink Sunday license and allows a new business to immediately receive a sales-by-drink Sunday license.


Passed as Substituted

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

090724
Amending Chapter 10, Code of Ordinances, by repealing sections 10-241, criteria for issuance of license, and 10-261, renewals, and enacting in lieu thereof new sections of like number and subject matter which changes whether a licensed premises is within any residentially zoned district from 250 feet to 1000 feet.


Passed

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

090747
Accepting funds allocated by the U.S. Department of Justice, Office of Justice Programs, FY 2009-10 Recovery Act: Justice Assistance Grant (JAG) in the amount of $4,345,677.00; estimating revenue in the amount of $4,345,677.00 in the American Recovery & Reinvestment Act Fund (ARRA); authorizing cooperative agreements with the Board of Police Commissioners ($2,550,000.00), County of Jackson ($1,130,734.01), City of Blue Springs ($43,276.00), City of Grandview (90,600.00), City of Independence ($416,745.99), City of Raytown ($41,572.00), City of Lee’s Summit ($62,699.00), and the City of Sugar Creek ($10,050.00); directing the City Clerk to file certain documents with the appropriate offices; estimating revenue and appropriating $2,550,000.00 in the General Fund of the Kansas City Police Department Business Unit; and designating requisitioning authority.


Passed

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

090754
(Sub.)
Assigning new responsibilities for the delivery and management of ambulance services to the Fire Department by enacting a new Section 2-232, “Ambulance services duties of director” within Chapter 2, Article V, Division 4 of the Code of Ordinances; reducing the Contingent Appropriation in the General Fund by $100,000.00 and appropriating $100,000.00 for ambulance service transition expenses to cover costs associated with transitioning and establishing the delivery and management of ambulance services in the fire department; and recognizing an emergency.


Councilmember Johnson Move to Amend

Seconded by Councilmember Riley
Ayes: 7 - Hermann, Johnson, Gottstein, Circo, Riley, Jolly, Funkhouser
Nays: 6 - Skaggs, Ford, Curls, Sanders Brooks, Marcason, Sharp


Councilmember Johnson Move To Hold On Docket

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


Held on Docket (9/17/2009)

090730
Authorizing a $2,826,870.00 contract with MEGA Industries Corporation for Project No. 62100346 – Rehab Terminal B Loop Road @ KCI; authorizing the Director of Aviation to amend and increase this contract by up to $282,687.00; authorizing the Director of Aviation to expend $3,109,557.00 for the contract.


Passed

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

090735
Authorizing a $1,052,000.00 contract with Miller-Stauch Construction Co., for Project No. 62090343 – GA Terminal Facility @ CBWDTA at the Charles B. Wheeler downtown Airport; authorizing the Director of Aviation to amend and increase this contract by up to $105,200.00; authorizing the Director of Aviation to expend $1,157,200.00 for the contract; and appropriating $12,185.00 to the Kansas City Airports Fund.


Passed

Ayes: 12 - Hermann, Skaggs, Ford, Johnson, Curls, Sanders Brooks, Gottstein, Marcason, Circo, Riley, Jolly, Funkhouser
Nays: 0
 
 Councilmember Hermann Move to Waive Charter Requirement
MOVE THAT THE CHARTER REQUIREMENTS FOR READING OF ORDINANCE NO(S): DEBATE: 090748(sub) 090770 090749 090774 090757(sub) 090778 ON THREE SEPARATE DAYS BE WAIVED AND THAT THESE ORDINANCES BE ADVANCED FOR FINAL READING AND CONSIDERATION AT THIS TIME.
 
Ayes: 13 - Hermann, Skaggs, Ford, Johnson, Curls, Sanders Brooks, Gottstein, Marcason, Circo, Riley, Jolly, Sharp, Funkhouser
Nays: 0

090748
(Sub.)
Reducing appropriations in the Equipment Lease Acquisition Fund relating to the court management system; appropriating funds for the repayment of the Court Management System Lease and completed Parks Equipment Lease from 2006; transferring and appropriating surplus funds in the General Fund to continue work on the Court Management System on a PAYGO basis; and designating requisitioning authority.


Passed as Substituted

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

090749
Reducing the Contingent Appropriation of the General Fund; transferring funds to the Parking Garage Fund; estimating and appropriating revenue in the Parking Garage Fund; and designating requisitioning authority.


Passed

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

090757
(Sub.)
Authorizing 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 liquidate all single family loans currently in HEDFC’s portfolio that require payments by first offering the loans to the individual homeowner to payoff said loan at a discounted percentage and second, by bundling and selling the remaining loans in the secondary market.


Passed as Substituted

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

090770
Condemning and taking private property in fee simple for public use; providing for the payment of just compensation therefore; renewing a determination of blight in the Beacon Hill Redevelopment Area; authorizing continued negotiations by the Director of the Housing Department; consenting to the filing of the petition for condemnation by the City Attorney on behalf of the City; and authorizing the City Clerk to cause this ordinance to be recorded in the office of the Recorder of Deeds for Kansas City, Jackson County, Missouri.


Passed

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

090774
Accepting and approving a one-year $688,699.00 contract amendment with the Missouri Department of Health and Senior Services that provides funding for the City’s Public Health Preparedness and the Cities Readiness programs; increasing revenue in the amount of $71,552.00 in the Governmental Grants Fund; and appropriating $170,344.00 in the Governmental Grants Fund.


Passed

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

090778
Condemning and taking private property in fee simple interest, for the public purpose of the construction and relocation of NW Prairie View Road from a point approximately 635 feet north of the intersection of N. Chatham and Route 45 to a point roughly 1,735 feet northeasterly of said intersection all in Kansas City, Platte County, Missouri; providing for the payment of just compensation therefore; authorizing continued negotiations by the Director of Public Works; consenting to the filing of the petition for condemnation by the City Attorney, on behalf of said City; and authorizing the City Clerk to file this ordinance with the Recorder of Deeds in Platte County, Missouri. 


Passed

Ayes: 12 - Hermann, Skaggs, Ford, Johnson, Curls, Sanders Brooks, Gottstein, Marcason, 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 7-9 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

090787
Cancelling the City Council standing committee meetings and legislative and business sessions for the weeks of October 5, 2009; November 9, 2009; November 23, 2009; December 21, 2009; and December 28, 2009.


Add to Consent Docket

090736
Approving the plat of Creative World, an addition in Clay County, Missouri; accepting various easements; establishing grades on public ways; 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. (SD0823C)


Add to Consent Docket

090756
(Sub.)
RESOLUTION - Amending the Standing Rules to add a Standing Rule 22-C, Appointments to boards and commissions, to require that appointments requiring Council approval be made by ordinance.


Assigned Third Read Calendar as Substituted

090767
Approving the plat of Executive Hills Polo Club, an addition in Platte 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. (SD0385A)


Add to Consent Docket

090775
Repealing Ordinance No. 070862 that approved the plat of East Eighth Street Townhomes and enacting a new Ordinance that approves the plat of East Eighth Street Townhomes, Lots 1 & 2, an addition in Jackson County, Missouri; accepting various easements; and authorizing the City Clerk to record this ordinance and attached documents. (SD1286)


Add to Consent Docket

090782
Approving a Declaration of Building Restriction between the City and Dunn Realty Inc. for the parking garage and office building at the northeast corner of 11th and Locust.


Assigned to Third Read Calendar

090784
Amending Chapter 34, Code of Ordinances, entitled “Health and Sanitation,” by repealing Sections 34-183, 34-187 and 34-188, enacting in lieu thereof new sections of like subject matter and enacting a new Section 34-189 to give the director of Health the authority to rat-stop or eradicate rats, provide notice for a hearing and issue assessments.

090788
(Sub.)
RESOLUTION - Establishing a Homelessness Task Force (“Task Force”) to identify the issues related to homelessness; developing a Plan (“Plan”) to address these issues which will include both immediate and long term strategies, funding options, and suggestions as to how the Council may best partner with governmental entities, private businesses and the community in furtherance of the Plan; presenting said Plan to the Council for recommendation and implementation; and directing the City Manager to make available staff and non-monetary resources as necessary.


Assigned Third Read Calendar as Substituted

090662
Authorizing the Director of General Services to execute a $420,330.00 contract with KONE, Inc. for the new elevator installation project at the Municipal Courts Building; authorizing the Director to amend the contract without Council approval and to expend up to $450,000.00 for the project.


Add to Consent Docket

090706
Amending Ordinance No. 090573 passed July 23, 2009; authorizing funding for assessment work on various streets by repealing Section 2 thereof and taking funding for the projects from the Unappropriated Fund Balance of the Revolving Public Improvement Fund.


Add to Consent Docket

090771
Authorizing the Director of Public Works to execute a cooperative agreement with the Missouri Department of Transportation for use of American Recovery and Reinvestment Act of 2009 (ARRA) grant funds on the 31st Street Traffic Signal Project; estimating revenue and appropriating $800,000.00 to the 2009 ARRA Stimulus Fund; and designating requisitioning authority.


Add to Consent Docket

090772
Authorizing the Director of Public Works to execute a cooperative agreement with the Missouri Department of Transportation for use of American Recovery and Reinvestment Act of 2009 (ARRA) grant funds on the 39th Street Traffic Signal Project; estimating revenue and appropriating $400,000.00 to the 2009 ARRA Stimulus Fund; and designating requisitioning authority.


Add to Consent Docket

090773
Authorizing the Director of Public Works to execute a cooperative agreement with the Missouri Department of Transportation for use of American Recovery and Reinvestment Act of 2009 (ARRA) grant funds on the Traffic Control Center Project; estimating revenue and appropriating $750,000.00 to the 2009 ARRA Stimulus Fund; and designating requisitioning authority.


Add to Consent Docket

090781
Authorizing the Director of Water Services Department to execute a Settlement and Release Agreement with the City of Liberty, Missouri to return overpayments made by Liberty, in the form of monthly credits over a five year term for a total amount of $538,960.00.


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 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

090800
Authorizing the City Attorney to execute a release of the Receiver appointed in the City of Kansas City, Missouri v. HEDFC lawsuit from any liability to the City arising from transfer of Registry Square parcels to Habitat for Humanity and to execute an agreement providing for the introduction of an appropriation ordinance in the event a third party claim is asserted against the Receiver arising from the same transfer.


Referred to Housing Committee

090794
Declaring an area of about 30 parcels generally bounded by 24th Terrace on the north, 25th Street on the south, Walrond Avenue on the east and Bellefontaine Avenue on the west, 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 Habitat for Humanity Scattered Site Urban Renewal Plan. (390-S-267 a-e)


Referred to Planning and Zoning Committee

090790
Authorizing a $1,496,980.00 contract with Barsto Construction, Inc., for Project No. 890B0404 – Robert J. Mohart Phase III Renovations; authorizing the City Manager to amend and increase this contract by up to $224,547.00; and authorizing the City Manager to expend $1,721,527.00 for the contract.


Referred to Transportation and Infrastructure Committee

090799
Authorizing an Encroachment and Indemnification Agreement running with the land between Kansas City and Mika Enterprises, Inc. in connection with a sewer located at 6000 Independence Avenue; and directing the City Clerk to record this ordinance and this agreement.


Referred to Transportation and Infrastructure Committee
 
MISCELLANEOUS BUSINESS