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Last Published: 3/24/2011 4:33:54 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
 

110185
RESOLUTION - Honoring Judge Wayne Cagle on his retirement after 20 years of service to the City of Kansas City, Missouri.


Adopted

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

110186
RESOLUTION - Honoring the Open World Delegates from Moldova who will be in Kansas City examining the topic “Human Trafficking in the U.S.,” to enhance understanding and cooperation between the two countries.


Adopted

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

110222
RESOLUTION - Recognizing March 25, 2011, as National Medal of Honor Day, and recognizing Medal of Honor Recipient, Private Nathaniel Gwynne.


Adopted

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

110231
RESOLUTION - Applauding the personal and professional accomplishments garnered thus far in the life of Yvonne Wilson.


Held on Docket (3/31/2011)

110229
COMMUNICATION - Notice from the City Clerk regarding the receipt of the Chouteau & I-35 TIF Plan Ten-Year Status Report.


Received And Filed

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

110230
COMMUNICATION - Notice from the City Clerk regarding receipt of the Searcy Creek TIF Plan Fifteen-Year Status Report.


Received And Filed

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

110188
RESOLUTION - Directing the City Manager to develop and implement an “Adopt-a-Trail” program within 90 days.


Adopted

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

110075
(Sub.)
RESOLUTION - Specifying the procedure to be used for major site plan appeals from the City Plan Commission. (9282-P-2)


Adopted as Substituted

Ayes: 13 - Hermann, Skaggs, Ford, Johnson, Curls, Sanders Brooks, Gottstein, Marcason, Circo, Riley, Jolly, Sharp, Funkhouser
Nays: 0
 
 Councilmember Johnson Move to Waive Charter Requirement
I MOVE THAT THE CHARTER REQUIREMENTS FOR READING OF ORDINANCE NO(S): ADVANCE CONSENTS: 1. 110160 3. 110179 5. 110182 7. 110199 2. 110178 4. 110180 6. 110196 ADVANCE DEBATES: 1. 110162 4. 110165 7. 110168 (sub) 10. 110198 2. 110163 5. 110166 8. 110169 (2nd sub) 3. 110164 6. 110167 (sub) 9. 110195 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

110160
Vacating the east-west alley next south of Independence Boulevard west of Woodland Avenue, Kansas City, Jackson County, Missouri, and directing the City Clerk to record certain documents. (1615-V)


Passed

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

110178
Reducing appropriations in various accounts in the Capital Improvements Fund in the amount of $1,387,684.00 appropriating that amount to various accounts in the Capital Improvements Fund; designating requisitioning authority; and recognizing an emergency.


Passed

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

110179
Authorizing the Director of Capital Projects Department to accept a $64,685.00 settlement for claims under a design services contract for the New Police Academy, Project No. 89000930; estimating and appropriating $64,685.00 in the Public Safety Sales Tax Fund; and designating requisitioning authority.


Passed

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

110180
Authorizing an increase in the contingency of a contract with Rand Construction for Project No. 190-0900001-1 - KC Museum-HVAC Replacement in the amount of $150,000.00; and authorizing the Director of General Services to expend funds for contract amendments and the project.


Passed

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

110182
Approving Traffic Regulation Numbers 60038 through 60214, 60216 through 60261, 60263, 60264 and 60266 through 60269.


Passed

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

110196
Authorizing the Director of Water Services to enter into a $480,191.00 contract with AMEC Earth and Environmental, Inc. for Contract No. 227, Project No. 60820004, Jackson County FEMA Floodplain Modernization; authorizing the Director of Water Services to expend $480,191.00 for the project; authorizing the Director of Finance to return unexpended appropriations to the appropriate account; and recognizing an emergency.


Passed

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

110199
Authorizing the Director of Public Works to execute a Cooperative Agreement with the Tax Increment Financing Commission in the amount of $300,000.00 for the construction of N.W. 88th Street; and authorizing the Director of Public Works to expend funds for the contract.


Passed

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

110162
(Sub.)
Adopting the Annual Budget of the City for the Fiscal Year 2011-12; estimating the revenues for the fiscal year; appropriating for the purposes stated the sums set forth in the budget; designating requisitioning authorities; directing the Director of Finance to make the necessary entries upon the City’s records to show the appropriations and allocations provided for; and authorizing inter-fund loans.


Councilmember Sharp Move to Amend

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


Passed as Amended

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

110163
Levying taxes for Fiscal Year 2011-12 for General Revenue, Health Levy, Museum Special Revenue and General Debt and Interest Funds on all property in Kansas City subject to taxation on January 1, 2011; providing for the extension of such levies by the Director of Finance; and authorizing the collection by the Director of Finance.


Passed

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

110164
Levying a maintenance tax for Fiscal Year 2011-12 upon all real estate, exclusive of improvements, not exempt by law from general taxation, for the purpose of maintaining, adorning, constructing, repairing and otherwise improving the parks, parkways, boulevards, roads and grounds, and providing for the manner of payment and collecting the special assessment.


Passed

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

110165
Levying a special assessment on the lots, tracts, and parcels of land in the East Park and West Park Districts abutting on certain boulevards, parkways, roads, streets, avenues and highways under the control and management of the Board of Parks and Recreation Commissioners for Fiscal Year 2011-12 for the purpose of maintaining, repairing, and otherwise improving the boulevards, parkways, roads, streets, avenues and highways in these districts.


Passed

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

110166
Levying a special assessment upon all real estate, exclusive of improvements, not exempt by law from general taxation in the North, East and West Trafficway Districts for the purpose of maintaining, improving and repairing the trafficways, and providing for the manner of payment and collecting the special assessment.


Passed

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

110167
(Sub.)
Amending Chapter 60 of the Code of Ordinances of Kansas City, Missouri, entitled Sewers and Sewage Disposal by repealing Sections 60-2, 60-3, 60-5 and 60-191 and enacting in lieu thereof new sections of like number and subject matter which adjust sewer rates; and establishing an effective date.


Passed as Substituted

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

110168
(Sub.)
Amending Chapter 61, Code of Ordinances, entitled “Stormwater”, by repealing Sections 61-3 and 61-4, and enacting in lieu thereof new sections of like number and subject matter that increases the stormwater maximum fee; adjusts payment responsibility for stormwater fees; and establishing an effective date.


Passed as Substituted

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

110169
(Sub.)
Amending Chapter 78 of the Code of Ordinances of Kansas City entitled “Water” by repealing Sections 78-6, 78-8, 78-9, 78-10, 78-15.1, 78-16, 78-20, 78-27, 78-28, 78-95, and 78-96 and enacting in lieu thereof new sections of like number and subject matter adjusting charges for water service, including water main extensions, and changing the charge mechanism for termination of service with cause; and establishing an effective date.


Passed As Second Substitute

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

110195
Approving and authorizing settlement of a claim by Truman Medical Center, Claim No. T0708-0687.


Passed

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

110198
Authorizing the City Attorney to execute a Settlement Agreement with Patricia Lee Scaglia, Patricia Marie Scaglia, Phillip Patrick Scaglia, and Labor Ready Central, Inc., which resolved a Board of Zoning Adjustment appeal and lawsuit.


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

110183
(Sub.)
Amending Chapter 2 of the Code of Ordinances of Kansas City, Article XIV Budgetary and Financial Policies, Division I Financial Policies by enacting a new section Fund Balance and Reserve Policy.


Assigned Third Read Calendar as Substituted

110137
(Sub.)
Amending Section 88-320 to amend the restrictions on the number of guest rooms. (254-S-267)


Assigned Third Read Calendar as Substituted

110139
Amending a previously approved development plan on about 1.15 acres generally located at the northeast corner of Forest Avenue and E. 30th Street in District M1.5 and District R1.5 (M-1P/R-4), to allow the construction of a KCP&L sub-station (8883-P-1)


Assigned to Third Read Calendar

110192
RESOLUTION - Concurring with the intention of the Planned Industrial Expansion Authority of Kansas City, Missouri, to accept the proposal of Commonwealth-KC, LLC for the redevelopment of the Commonwealth Project in the Amended Armour/Gillham PIEA Area.


Assigned to Third Read Calendar

110202
Authorizing the execution of a Grant of Easement to Qwest Communications Company, LLC, at the Kansas City International Airport.


Add to Consent Docket

110205
Authorizing the purchase of a parcel of land identified as Tract No. 219 in Kansas City, Platte County, Missouri, for Airport Development, and the expenditure of previously appropriated funds in the amount of $1,000.00, and acceptance of a warranty deed conveying title thereto.


Assigned to Third Read Calendar
 
 Councilmember Skaggs 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 8-11 OF TODAY’S DOCKET AND THAT THESE ORDINANCES BE INTRODUCED AS LISTED TO THE COMMITTEE SO DESIGNATED.
 
Ayes: 12 - Hermann, Skaggs, Ford, Johnson, Curls, Gottstein, Marcason, Circo, Riley, Jolly, Sharp, Funkhouser
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.


Referred to Finance and Audit Committee

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


Referred to Finance and Audit Committee

110226
Reducing an appropriation in the amount of $100,000.00 in the Capital Improvements Fund; appropriating it to the Park Maintenance account in the Capital Improvements Fund; reducing an appropriation in the amount of $100,000.00 in the General Fund; appropriating it to the Neighborhood Assistance account in the General Fund; authorizing the Director of Finance to transfer expenditures to the Capital Improvements Fund; and recognizing an emergency.


Referred to Finance and Audit Committee

110227
Accepting the recommendations of the Tax Increment Financing Commission as to the Ninth Amendment to the Southtown Corridor/31st & Baltimore Tax Increment Financing Plan; approving the Ninth Amendment to the Southtown Corridor/31st & Baltimore Tax Increment Financing Plan; setting forth findings relating to the Plan; authorizing the Commission to issue obligations to finance Redevelopment Project Costs; approving the pledge of all funds generated from Redevelopment Projects and deposited into the Southtown Corridor/31st & Baltimore account; and providing for payment to taxing districts of surplus funds.


Referred to Planning and Zoning Committee

110206
Revoking a previously approved preliminary plan in District C-2-p on a 0.58 acre tract of land generally located on the north side of W. 104th Street about 350 feet west of Madison Avenue. (9559-P-3)


Referred to Planning and Zoning Committee

110207
Rezoning an area of approximately 0.62 acres generally located on the north side of W. 104th Street, about 350 feet west of Madison Avenue , from Districts B1-1 and B3-2 to District B3-2. (9559-P-4)


Referred to Planning and Zoning Committee

110208
Approving the Petition to establish The Flintlock Plaza Community Improvement District; establishing The Flintlock Plaza Community Improvement, generally located at the southwest corner of Missouri Highway 152 and N.E. Flintlock Road, in Clay County, Missouri; and directing the City Clerk to report the creation of the District to the Missouri Department of Economic Development.


Referred to Planning and Zoning Committee

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)


Referred to Planning and Zoning Committee

110221
Authorizing the Director of General Services to execute a ground lease agreement with Charlie’s House, Inc. for a period of forty years, with two 10-year renewal options, for a site located near 24th Street and Campbell Street on the Health Department campus.


Referred to Planning and Zoning Committee

110209
Reducing the Contingent Appropriation in the General Fund by $200,000.00; and appropriating $200,000.00 in the General Fund for weed mowing; and recognizing an emergency.


Referred to Public Safety and Neighborhoods Committee

110224
RESOLUTION - Encouraging the Congress of the United States of America to continue funding for the Homeless Prevention and Rapid Re-Housing Program and to allow for the reallocation of funding at the two-year regulatory expenditure deadline.


Referred to Public Safety and Neighborhoods Committee

110232
RESOLUTION - Stating the intent of the City Council with regard to the potential allocation of available Health Levy Funds upon the close of the City’s FY 2010-11 fiscal year.


Referred to Public Safety and Neighborhoods Committee

110210
Authorizing a $6,510,538.00 contract with Rand Construction Co., for Project No. 62080327 – Chill Water System Rehab @ KCI; authorizing the Director of Aviation to amend and increase this contract by up to $651,054.00; authorizing the Director of Aviation to expend $7,161,592.00 for the contract.


Referred to Transportation and Infrastructure Committee

110211
Authorizing a $406,000.00 Amendment No. 3 to an agreement with Burns and McDonnell for Project No. 62080327 – Chill Water System Rehabilitation; and authorizing the Director of Aviation to expend $446,600.00 for the contract.


Referred to Transportation and Infrastructure Committee

110212
Authorizing a $633,141.00 Amendment No. 7 to an agreement with S.K. Design Group, Inc. for Project No. 62060307 – Rehabilitate Airport Roadways; and authorizing the Director of Aviation to expend $696,455.00 for the contract.


Referred to Transportation and Infrastructure Committee

110213
Authorizing a $1,524,500.00 Amendment No. 5 to an agreement with Burns and McDonnell for Contract No. 62080330 for Project No. 62110388 – Reconstruct RW 19R – Phase 1; and authorizing the Director of Aviation to expend $1,676,950.00 for the contract.


Referred to Transportation and Infrastructure Committee

110214
Authorizing a $372,603.37 Amendment No. 1 to an agreement with Crawford, Murphy and Tilly, Inc. for Project No. 62110365 – Taxiway Pavement Repairs; and authorizing the Director of Aviation to expend $409,863.37 for the contract.


Referred to Transportation and Infrastructure Committee

110215
Authorizing a Second Amendment to a Cooperative Agreement for sewer service between Kansas City, Missouri and Grandview, Missouri.


Referred to Transportation and Infrastructure Committee

110217
Reducing appropriations in the Capital Improvements Fund in the amount of $2,300,000.00 and appropriating this sum to various accounts; authorizing an increase in the contingency of a contract with Comanche Construction Inc. for Project No. 89005442 – 12th St. Viaduct Phase III in the amount of $1,430,000.00; authorizing the Director of Capital Projects to expend funds for the project; approving project management costs; and recognizing an emergency.


Referred to Transportation and Infrastructure Committee

110223
Authorizing the City Manager to execute Amendment 1 to the Cooperative Agreement between the City of Kansas City, Missouri and the Kansas City Area Transportation Authority (KCATA) for procurement and installation of public art on the Troost Bridge at the request of and funded by KCATA; estimating revenue in the Capital Improvements Fund in the amount of $98,758.00; appropriating this sum to the Troost at Brush Creek projects; and authorizing the City Manager to expend $98,758.00 for this work.


Referred to Transportation and Infrastructure Committee

110225
Appropriating $135,000.00 from the Unappropriated Fund Balance of the Public Mass Transportation Fund to implement the Jackson County/Kansas City Regional Alternatives Analysis; designating requisitioning authority; and appropriating unencumbered balances in the Street Car Study account of the Public Mass Transportation Fund to the same account for Fiscal Year 2011-12.


Referred to Transportation and Infrastructure Committee

110228
Estimating and appropriating $1,900,000.00 in the Capital Improvements Fund to the North Oak Trafficway Improvements from NE 96th Street to NE 111th Street.


Referred to Transportation and Infrastructure 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.