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Last Published: 4/9/2010 9:40:44 AM
KANSAS CITY COUNCIL RECORD
 
Upon Roll Call the following members were present:
Presided:1 - MARK FUNKHOUSER
Present:11 - DEB HERMANN, BILL SKAGGS, ED FORD, RUSS JOHNSON, MELBA CURLS, SHARON SANDERS BROOKS, JAN MARCASON, CINDY CIRCO, TERRY RILEY, CATHY JOLLY, JOHN SHARP
Excused:1 - BETH GOTTSTEIN
 

100288
RESOLUTION - Honoring Deputy Chief Rachel H. Whipple on her retirement after 30 plus years of dedicated service to the Kansas City, Missouri Police Department.


Adopted

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

100289
COMMUNICATION - Emergency Regulation E-41055


Received And Filed

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

091008
RESOLUTION - Amending the Eastgate Land Use and Development Plan by amending the Proposed Land Use Plan and Map for an area of approximately 13 1/2 acres generally located on the west side of Bennington Avenue at E. 55th Street by changing the recommended land use designation from low density residential to agricultural. ( 568-S-1)


Adopted

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

100211
RESOLUTION - Amending the 63rd Street Corridor Land Use and Development Plan by changing the recommended land use designation from office/institutional to commercial for an area of about 9.2 acres generally located on the northeast corner of 63rd Street and Bushman Drive, to allow for approximately 18,000 square feet building addition to the existing shopping center and parking lot modification. (578-S-2)


Adopted

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

100229
Authorizing the Director of Parks and Recreation to execute a five-year lease beginning March 1, 2010, at no cost to the City, of approximately 0.791 acres owned by the Missouri Department of Transportation along I-29 for park purposes associated with the Anita Gorman Park.


Passed

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

100231
Authorizing the Director of Public Works to execute a second amendment to a lease agreement with Mid-America Regional Council for the purpose of allowing the installation of communications equipment and a closed-circuit camera on the East Patrol Tower.


Passed

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

100233
Releasing a permanent storm sewer drainage facility easement from the F. R. Langley Family Trust in Jackson County, Missouri and directing the City Clerk to record the release.


Passed

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

100236
Accepting the recommendations of the Tax Increment Financing Commission and approving the First Amendment to the Brywood Centre Tax Increment Financing Plan.


Passed

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

100257
Authorizing the Director of Finance to accept the proposal of Banc of America Public Capital Corporation for the acquisition of computer hardware and software equipment to be used by the Information Technology Department under a Master Equipment Lease/Purchase Agreement in an approximate principal amount not to exceed $2,451,756.00; estimating and appropriating $2,451,756.00 in lease proceeds; authorizing the execution of any and all documents and agreements necessary for the financing; declaring the intent of the City to reimburse itself from the lease purchase proceeds for certain expenditures; authorizing the Director of Finance to close project accounts upon project completion; and designating requisitioning authorities.


Passed

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

100237
Authorizing execution of a Professional Services Contract between Kansas City, Missouri and Kuhn & Wittenborn for the Kansas City Aviation Department and the expenditure of previously appropriated funds in an amount not to exceed $2,000,000.00.


Passed

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

100238
Authorizing an increase in the contingency of a contract with Interstate Improvement, Inc., for Project No. 62080330 – Airfield Pavement Repairs, in the amount of $1,000,000.00; and authorizing the Director of Aviation to expend funds for the project.


Passed

Ayes: 12 - Hermann, Skaggs, Ford, Johnson, Curls, Sanders Brooks, Marcason, Circo, Riley, 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: There are no consent items this week. ADVANCE DEBATES: 100285 091007 100227 100242 100277 100287 (sub) 100273 100212 100240 100243 ON THREE SEPARATE DAYS BE WAIVED AND THAT THIS ORDINANCE BE ADVANCED FOR FINAL READING AND CONSIDERATION AT THIS TIME.
 
Ayes: 12 - Hermann, Skaggs, Ford, Johnson, Curls, Sanders Brooks, Marcason, Circo, Riley, Jolly, Sharp, Funkhouser
Nays: 0

100285
Authorizing the Director of Finance to execute an amended and restated financing agreement for the Briarcliff West Tax Increment Financing Plan to make adjustments to the project to be constructed by Briarcliff Development Company.


Passed

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

100273
Appropriating $100,000.00 from the General Fund and authorizing the Acting Director of Neighborhood and Community Services to execute a contract with UMKC Center for Economic Information in the amount of $100,000.00 for provision of a housing conditions survey.


Passed

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

091007
Rezoning an area of approximately 13 1/2 acres generally located on the west side of Bennington Avenue at E. 55th from District R-1a to District RA. (14079-P)


Passed

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

100212
Rezoning an area of approximately 9.2 acres generally located on the northeast corner of 63rd Street and Bushman Drive from District CP-2 to District URD, and approving a development plan for the same. (4311-URD-5)


Passed

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

100227
Accepting approximately 7.62 acres of vacant land as an expansion to Frank Vaydik Park and declaring it to be park property forever and directing the City Clerk to record this ordinance and attached documents.


Passed

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

100240
Accepting and estimating revenue for interest earned through a cooperative agreement with Jackson County through funds allocated by the U.S. Department of Justice, Bureau of Justice Assistance, Office of Justice Programs Edward Byrne Justice Assistance Grant; estimating revenue and appropriating in the amount of $15,705.50 in the Justice Assistance Grant Fund; and designating requisitioning authority.


Passed

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

100242
Authorizing acceptance of funds allocated by the U.S. Department of Justice, Bureau of Justice Assistance, Office of Justice Programs, FY 2008-2009 Byrne Justice Assistance Grant (JAG) in the amount of $99,731.00; appropriating and estimating revenue in the amount of $99,731.00 in the Justice Assistance Grant accounts of the Justice Assistance Grant Fund; designating requisitioning authority; and authorizing the Acting Director of Neighborhood and Community Services to execute an intergovernmental agreement with Jackson County, Missouri, regarding the use of these funds.


Passed

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

100243
Authorizing acceptance of funds allocated by the U.S. Department of Justice, Bureau of Justice Assistance, Office of Justice Programs, 2010-2012 Byrne Justice Assistance Grant (JAG) in the amount of $538,100.00; appropriating and estimating revenue in the amount of $538,100.00 in the Justice Assistance Grant Fund; authorizing a cooperative agreement with the Jackson County Prosecutor’s Office in the amount of $538,100.00; and directing the City Clerk to file certain documents with the appropriate offices.


Passed

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

100277
Authorizing the Director of Public Works to execute a five-year cooperative agreement in the amount of $619,095.75 with Mid-America Regional Council (MARC) for the operation of signals for Operation Greenlight and authorizing the Director of Public Works to expend funds for the contract.


Passed

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

100287
(Sub.)
Reducing appropriations in the KCMAC Leasehold Improvements 2003C-1 account; estimating interest and appropriating it to project accounts; and authorizing the Director of Public Works to expend the funds on the projects.


Passed as Substituted

Ayes: 12 - Hermann, Skaggs, Ford, Johnson, Curls, Sanders Brooks, 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 PAGES 6-8 TODAY’S DOCKET AND THAT THESE ORDINANCES BE PLACED ON THE DOCKET NEXT WEEK FOR THIRD READING.
 
Ayes: 12 - Hermann, Skaggs, Ford, Johnson, Curls, Sanders Brooks, Marcason, Circo, Riley, Jolly, Sharp, Funkhouser
Nays: 0

100268
Establishing Fund No. 3396, the 2010B Taxable G.O. Bond Fund; estimating revenues in the amount of $3,473,467.00 in the Series 2010A G.O. Bond Fund (Fund No. 3395) and appropriating the same; reducing appropriations in Fund No. 3395 by $7,673,061.00; estimating revenues in the amount of $10,195,000.00 in the Series 2010B Taxable G.O. Bond Fund (Fund No. 3396) and appropriating the same; authorizing the City Manager to transfer $10,097,088.00 of encumbrances from Fund No. 3395 to Fund 3396; designating requisitioning authorities; and authorizing the Director of Finance to close project accounts upon completion.


Assigned to Third Read Calendar

100274
(Sub.)
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, 2-1099, and 2-1100 and adopting in lieu thereof new sections of like number which sets the new salaries for the Mayor, Council Members and Judges, creates eight new classifications for the MAST merger with the Kansas City Fire Department, eliminates two and re-title/bands three job classifications and 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 service.


Assigned Third Read Calendar as Substituted

100247
Accepting a grant from the Kansas City Power and Light Company in the amount of $467,000.00 to provide weatherization services; estimating revenue and appropriating $467,000.00 in the KCPL Home Weatherization Grant account of the Housing Rehabilitation Loan Fund; designating requisitioning authority; and becoming effective May 3, 2010.


Assigned to Third Read Calendar

100248
Accepting a grant from Kansas City Power & Light Company-Greater Missouri Operations to provide weatherization services to its Greater Missouri Operations (Formerly Aquila territory); estimating revenue and appropriating $70,000.00 to various accounts of the Supportive Housing Rehabilitation Loan Fund; designating requisitioning authority; and becoming effective May 3, 2010.


Assigned to Third Read Calendar

100210
Approving an amendment to a previously approved preliminary development plan in District R-5-p (High Apartments – Limited District), on approximately a 5.5 acre tract of land generally located on the north side of 86th Street, and the west side of I-435, approximately 400 feet east of Hillcrest Road, to allow for a 12,000 square foot building addition to the existing union hall and office building. (8274-P-3)


Assigned to Third Read Calendar

100226
Approving the plat of Copperleaf Seventh Plat, an addition in Clay County, Missouri; accepting and releasing 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. (SD0980G)


Add to Consent Docket

100230
Releasing eight easements in Platte County, Missouri, and directing the City Clerk to record the releases.


Add to Consent Docket

100265
Repealing Ordinance No. 080234 that approved the plat of Fountain Hills Eighth Plat and enacting a new ordinance approving the plat of Fountain Hills Eighth Plat, an addition in Clay County, Missouri; accepting and releasing 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. (SD1054)


Add to Consent Docket

100271
Approving the plat of Brighton Crossing Condominium Twelfth Plat, an addition in Clay County, Missouri; 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. (SD1230L)


Add to Consent Docket

100003
(Sub.)
Amending Chapter 10, Code of Ordinances, by repealing sections 10-291, Generally, 10-292, Temporary employee liquor permit for special event, and 10-373, Employment of minors, and enacting in lieu thereof new sections of like numbers and subject matters which eliminates a lifetime ban on all felony convictions for which a person is not eligible to receive a liquor permit and states specific felony convictions that would prohibit a person from obtaining an employee liquor permit.


Assigned Third Read Calendar as Substituted

100270
Repealing Ordinance No. 070595, condemning and taking standard sewer and temporary easements on private properties and enacting a new ordinance condemning and taking standard sewer and temporary easements on private properties for the construction and maintenance of sanitary sewers in the vicinity of 39th Street and Blue Ridge Cut Off in Kansas City, Jackson County, Missouri; providing for the payment of just compensation therefore; authorizing continued negotiations by the Capital Improvement Management Office; and directing the City Clerk to file this ordinance with the Recorder of Deeds in Jackson County, Missouri.


Assigned to Third Read Calendar

100272
Authorizing Amendment 5 to a Water Purchase Agreement between Kansas City, Missouri and Missouri-American Water Company.


Add to Consent Docket

100275
Declaring it necessary to change and re-establish the grades for construction of N. Brighton Avenue, between Missouri Route 210 and NE Parvin Road, including any cross-streets involved in construction, all in Kansas City, Clay County, Missouri; and directing the City Clerk to cause a notice to be published as provided for herein.


Assigned to Third Read Calendar

100276
Declaring it necessary to establish the grades for construction of Manchester Trafficway and Colorado Avenue, all in Kansas City, Jackson County, Missouri; and directing the City Clerk to cause a notice to be published as provided for herein.


Add to Consent Docket

100278
Amending Chapter 70, Code of Ordinances, by enacting a new Section 70-541, Authorized emergency vehicle parking, pertaining to the reservation of parking spaces for authorized emergency vehicles.


Add to Consent Docket
 
 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 9-10 OF TODAY’S DOCKET AND THAT THESE ORDINANCES BE INTRODUCED AS LISTED TO THE COMMITTEE SO DESIGNATED.
 
Ayes: 12 - Hermann, Skaggs, Ford, Johnson, Curls, Sanders Brooks, Marcason, Circo, Riley, Jolly, Sharp, Funkhouser
Nays: 0

100290
RESOLUTION - Adopting Appendices to the current Collective Bargaining Agreement with Local 3808, I.A.F.F., related to former MAST personnel and temporary emergency provisions.


Referred to Finance and Audit Committee

100291
RESOLUTION - Adopting an Article to the current Collective Bargaining Agreement with Local 42, I.A.F.F., related to former MAST personnel.


Referred to Finance and Audit Committee

100296
Approving and authorizing settlement of the lawsuit styled Phillip Miller, et al., v. City of Kansas City, Missouri, et al., Case No. 08CY-CV02635.


Referred to Finance and Audit Committee

100297
Estimating revenue in the amount of $742,423; and adjusting appropriations in certain TIF and Super TIF Funds.


Referred to Finance and Audit Committee

100298
Adjusting revenue estimates and appropriations in the General Fund and General Fund Supported Funds; estimating additional revenue in the amount of $522,037; authorizing certain accounts to be reappropriated in FY 2010-11; appropriating from the fund balances of the Public Safety Sales Tax and Neighborhood Improvement District Funds; estimating and appropriating PILOTS in the amount of $3,109,000; and recognizing an emergency


Referred to Finance and Audit Committee

100293
Approving the plat of Beacon Hill Townhomes, Lot 2, Block 1, Condominium, an addition in Jackson County, Missouri; accepting various easements; authorizing the Director of City Development to execute and/or accept certain agreements; and authorizing the City Clerk to record this ordinance and attached documents. (SD1167C)


Referred to Planning and Zoning Committee

100299
Amending Chapter 88, Zoning and Development Code, by repealing Tables 110-1, 120-1, 130-1, and 140-1, and Section 88-805-06 and replacing said tables and section with tables and a section of like number and title, and adding a new Section 88-372, Agriculture, all to provide for and regulate urban agriculture.


Referred to Planning and Zoning Committee

100294
Authorizing the City Manager to participate in the Metropolitan Area Regional Radio System as a Host Agency.


Referred to Public Safety and Neighborhoods Committee

100292
RESOLUTION - Authorizing the City Manager to execute an asset transfer agreement with the Board of the Metropolitan Ambulance Services Trust.


Referred to Special Committee for Emergency Services

100295
Authorizing the Director of Water Services to expend $2,500,000.00 for the City’s current contribution under the Turkey Creek Project Cooperation Agreement (PCA) between the U.S. Federal Government, through the U.S. Army Corps of Engineers, the Unified Government of Wyandotte County/Kansas City, Kansas (UG), and the City of Kansas City, Missouri; and recognizing an emergency.


Referred to Transportation and Infrastructure Committee

100300
Estimating revenue in the Capital Improvements Fund in the amount of $250,000.00; reducing appropriations in the Capital Improvements Fund and in the Arterial Streets Impact Fee Fund; appropriated a combined total of $16,974,365.82 from the unappropriated fund balances of various funds to the Troost at Brush Creek project; approving a $9,889,289.90 contract with Pyramid Contractors, Inc. and amendments in an amount not to exceed $988,930.10 without further council approval; approving project management costs of up to $1,300,000.00; authorizing the City Manager to expend up to $16,974,365.82; reappropriating the unencumbered and unexpended appropriations in the current fiscal year's account for the Troost at Brush Creek project to the same account for fiscal year 2010-11; and recognizing an emergency.


Referred to Transportation and Infrastructure Committee
 
 Councilmember Circo Move To Introduce

100301
Amending Chapter 62, Article VI of the Code of Ordinances of Kansas City, Missouri, entitled “Waste Tire Code”, by repealing Article VI therein composed of Sections 62-181 through 62-200, and enacting in lieu thereof a new Article VI, entitled “Tire Code”, consisting of new Sections 62-181 through 62-207 regulating the transportation, storage and disposal of tires and providing for fees for issuing permits to Tire Dealer establishments and Waste Tire Site establishments and a re-inspection fee for the inspection of establishments that fail their annual inspection or a complaint inspection; submitting these new fees to the qualified electors of Kansas City for their approval or disapproval; and recognizing an emergency.


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.