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Last Published: 7/9/2009 9:19:50 PM
KANSAS CITY COUNCIL RECORD
 
Upon Roll Call the following members were present:
Presided:1 - MARK FUNKHOUSER
Present:10 - DEB HERMANN, BILL SKAGGS, ED FORD, MELBA CURLS, SHARON SANDERS BROOKS, JAN MARCASON, CINDY CIRCO, TERRY RILEY, CATHY JOLLY, JOHN SHARP
Out:1 - RUSS JOHNSON
Excused:1 - BETH GOTTSTEIN
 

090563
RESOLUTION - Declaring July 2009 as National Recreation and Parks Month in Kansas City.


Adopted

Ayes: 10 - Hermann, Skaggs, Ford, Curls, Sanders Brooks, Marcason, Riley, Jolly, Sharp, Funkhouser
Nays: 0

090586
RESOLUTION - Declaring July 13, 2009, as “Kansas City-Xi’an Day”.


Adopted

Ayes: 10 - Hermann, Skaggs, Ford, Curls, Sanders Brooks, Marcason, Riley, Jolly, Sharp, Funkhouser
Nays: 0

090564
COMMUNICATION - Emergency Regulations E40914-E40929


Received And Filed

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

090565
COMMUNICATION - Notice received from the City Clerk regarding the North Oak Village CID Proposed Budget 2009-10


Received And Filed

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

090566
COMMUNICATION - Notice from the City Clerk regarding receipt of the 2008-09 Annual Report for the Antioch Center Community Improvement District.


Received And Filed

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

090567
COMMUNICATION - Notice received from Cass County, Missouri, regarding the 2009 Aggregate Assessed Valuation.


Received And Filed

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

090534
(Sub.)
RESOLUTION - Approving the application for funding under the Neighborhood Stabilization Program 2 in accordance with the Notice of Fund Availability for the Neighborhood Stabilization Program 2 under the American Recovery and Reinvestment Act, 2009; authorizing submission of said application to the U.S. Department of Housing and Urban Development; and certifying said application.


Councilmember Riley Move to Amend

Seconded by Councilmember Ford
Ayes: 11 - Hermann, Skaggs, Ford, Curls, Sanders Brooks, Marcason, Circo, Riley, Jolly, Sharp, Funkhouser
Nays: 0


Councilmember Riley Move to Advance

Seconded by Councilmember Ford
Ayes: 11 - Hermann, Skaggs, Ford, Curls, Sanders Brooks, Marcason, Circo, Riley, Jolly, Sharp, Funkhouser
Nays: 0


Passed as Substituted and Amended

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

090587
RESOLUTION - Expressing the City Council’s opposition to the U.S. Department of Energy’s consideration of the Bannister Road Kansas City Plant as a possible location for a long-term storage facility for elemental mercury generated within the United States.


Adopted

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

090516
Accepting a grant from Aquila-Missouri in the amount of $279,876.00 to provide weatherization services; reestimating revenue in the amount of $279,876.00 in the Special Housing Rehabilitation Loan Fund; increasing an appropriation in the Aquila Home Weatherization Grant account of the Special Housing Rehabilitation Loan Fund; and designating requisitioning authority.


Passed

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

090517
Accepting a grant from the Kansas City Power and Light Company in the amount of $467,747.00 to provide weatherization services; estimating revenue in the additional amount of $92,747.00 in the Special Housing Rehabilitation Loan Fund; increasing appropriations in the amount of $92,747.00 in the KCPL Home Weatherization Grant account of the Special Housing Rehabilitation Loan Fund; and designating requisition authority.


Passed

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

090505
Approving the plat of UC Condominiums, an addition in Jackson County, Missouri; and authorizing the City Clerk to record this ordinance and attached documents. (SD1315A)


Passed

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

090519
Authorizing the Capital Improvement Management Office to execute a Cooperative Agreement with Weatherby Lake, Missouri for improvements to Barry Road between N. Potomac and N. Conant Streets; and directing the City Clerk to file this ordinance and attached Cooperative Agreement in the Office of the Recorder of Deeds of Platte County, Missouri.


Passed

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

090526
Authorizing an Interlocal Agreement with the City of Leawood, Kansas, for resurfacing of State Line Road.


Passed

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

090508
RESOLUTION - Directing the City Manager to implement the plan for the earnings tax initiative to include initiatives for taxpayer data and service management, enhanced taxpayer compliance, and improvements to business processes and establishing a reporting mechanism for implementation of the structure.


Adopted

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

090525
(Sub.)
Reducing the Contingent Appropriation in the General Fund by $200,000.00; transferring to the Police Department; and appropriating it to cover the costs associated with four additional positions for animal control and tow services dispatch at the Police Department.


Passed as Substituted

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

090352
Approving the Asset Transfer and Capacity Building Plan enabling the transfer of assets from Housing and Economic Development Financial Corporation and authorizing its submission to the U.S. District Court, Western District in City of Kansas City, Mo. v. Housing and Economic Development Corporation, Case No. 05-00368-CV-W-GAF.


Councilmember Sanders Brooks Move To Hold On Docket

Seconded by Councilmember Ford
Ayes: 11 - Hermann, Skaggs, Ford, Curls, Sanders Brooks, Marcason, Circo, Riley, Jolly, Sharp, Funkhouser
Nays: 0


Held on Docket (7/16/2009)

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

090482
(Sub.)
Vacating the east-west alley north of E. 12th Street from Bennington Avenue east to the north-south alley, in Kansas City, Jackson County, Missouri, retaining a utility easement, requiring an alternative paved surface, and directing the City Clerk to record certain documents. (1580-V)


Passed as Substituted

Ayes: 11 - Hermann, Skaggs, Ford, 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 consents items this week. ADVANCE DEBATES: 090531 (sub) 090532 (sub) 090536 090537 090538 090557 ON THREE SEPARATE DAYS BE WAIVED AND THAT THIS ORDINANCE BE ADVANCED FOR FINAL READING AND CONSIDERATION AT THIS TIME.
 
Ayes: 11 - Hermann, Skaggs, Ford, Curls, Sanders Brooks, Marcason, Circo, Riley, Jolly, Sharp, Funkhouser
Nays: 0

090531
(Sub.)
Approving an amendment to a previously approved preliminary plan in District CP-2 on approximately 15 acres of land generally located at the southwest corner of Missouri Highway 152 and N. Oak Trafficway, to allow a restaurant and additional commercial development. (12369-CP-4).


Passed as Substituted

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

090532
(Sub.)
Rezoning an area of approximately 28 acres generally located at the northeast corner of Blue Parkway and E. 63rd Street from District CP-2 to District URD, and approving a development plan for the same. (6141-URD-10)


Passed as Substituted

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

090536
Accepting and approving a one year, $335,871.00 contract with the Missouri Department of Health and Senior Services that provides funding to local public health agencies for the promotion of core public health functions; increasing revenue in the amount of $18.00 and increasing appropriations in the amount of $19.00 in the Governmental Grants Fund.


Passed

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

090537
Authorizing the Director of Health to enter into a contract with Children's Mercy Hospital to provide primary health care services for indigent residents in Kansas City, Missouri; and declaring an emergency.


Passed

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

090538
Authorizing a $59,637.00 supplemental design contract with HNTB for Project No. 89008137 for the Botts Road and M-150 Interchange in Council District 6 in Jackson County; and authorizing the expenditure of previously appropriated funds.


Passed

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

090557
Authorizing the Director of Public Works to execute a Wayfinding Signing Agreement with the Missouri Highways and Transportation Commission, and a cooperative agreement with Zona Rosa Development, LLC, for the collective purpose of causing wayfinding signs to be installed and maintained.


Passed

Ayes: 11 - Hermann, Skaggs, Ford, 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 ORDINANCE ON THREE SEPARATE OCCASIONS IS WAIVED FOR THE ORDINANCE ON SECOND READING ON PAGES 7-8 TODAY’S DOCKET AND THAT THIS ORDINANCE BE PLACED ON THE DOCKET NEXT WEEK FOR THIRD READING.
 
Ayes: 11 - Hermann, Skaggs, Ford, Curls, Sanders Brooks, Marcason, Circo, Riley, Jolly, Sharp, Funkhouser
Nays: 0

090545
Reestimating revenue in the amount of $380,000.00 in the Home Investment Partnership Grant account; appropriating $380,000.00 to the Home Investment Partnership Grant account; authorizing the Acting Director of Housing and Community Development to enter into a $380,000.00 contract with Midwest Development Associates for the construction of eight houses to be constructed in the 4100 and 4200 block of Woodland Avenue; and designating requisitioning authority.


Add to Consent Docket

090548
Estimating revenue in the amount of $100,000.00 in the Special Housing Rehabilitation Loan Fund; appropriating it to the Housing Assistance Program; and designating requisitioning authority.


Add to Consent Docket

090520
Amending a previously approved development plan in District GP-3 on approximately a 5.0 acre tract of land generally located at the northwest corner of N.W. Tiffany Springs Road and N. Congress Avenue. (6050-GP-5)


Assigned to Third Read Calendar

090522
Vacating the north-south alley east of Grand Boulevard from Missouri Avenue to 5th Street, Kansas City, Jackson County, Missouri, reserving a utility easement, and directing the City Clerk to record certain documents. (1528-V)


Assigned to Third Read Calendar

090523
Approving an amendment to a previously approved preliminary plan in District GP-3/4 on a 2.5 acre tract of land generally located at the southeast corner of N.W. Prairie View Road and N. Congress Avenue. (13573-GP-2)


Assigned to Third Read Calendar

090550
Authorizing the Director of General Services to execute a lease agreement with Martin Luther King Village, L.P., for the lease of City-owned property located at 2510 Brooklyn.


Assigned to Third Read Calendar

090535
Accepting and approving a $56,213.00 contract agreement with the Missouri Department of Health and Senior Services to provide a school health program to promote healthy and safe behaviors among students; increasing revenue and appropriations in the amount of $4.00 in the Governmental Grants Fund.


Assigned to Third Read Calendar

090543
Approving Traffic Regulation Nos. 59865 through 59874, 59876 through 59895, 59897 through 59911 and 59915 through 59929 inclusive.


Add to Consent Docket

090547
Authorizing Grand Boulevard traffic signal modifications; estimating revenue in the amount of $312,000.00 in the Capital Improvements Fund; appropriating the sum of $312,000.00 from the Unappropriated Fund Balance to various accounts in the Capital Improvements Fund; and designating requisitioning authority.


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 9-11 OF TODAY’S DOCKET AND THAT THESE ORDINANCES BE INTRODUCED AS LISTED TO THE COMMITTEE SO DESIGNATED. Jolly recommends to remove 090575 from first readings. Move to advance ordinance Jolly seconded by Ford 11 ayes
 
Ayes: 11 - Hermann, Skaggs, Ford, Curls, Sanders Brooks, Marcason, Circo, Riley, Jolly, Sharp, Funkhouser
Nays: 0

090574
Approving and authorizing settlement of the lawsuit styled Stacey Smith, et al., v. City of Kansas City, Missouri, et al., Case No. 0716-CV26245.


Referred to Finance and Audit Committee

090579
Authorizing a Convention and Entertainment Facilities utilities concessions agreement with Green Wave Technology, Inc.


Referred to Finance and Audit Committee

090578
Estimating revenue in the Community Development Block Grant Fund; and appropriating funds from the Unappropriated Fund Balance to the Minor Home Repair account in the Community Development Block Grant Fund.


Referred to Housing Committee

090585
Authorizing the Acting Director of Housing and Community Development to enter into contracts with Northland Neighborhoods Inc., Blue Hills Community Services, Neighborhood Housing Services, Westside Housing Organization and Ivanhoe Neighborhood Council to provide home repair activities from 2009 Community Development Block Grant funds and designating requisitioning authority.


Referred to Housing Committee

090568
Approving the plat of Melrose Corner Condominium Phase 2, an addition in Jackson County, Missouri; accepting an easement; and authorizing the City Clerk to record this ordinance and attached documents. (SD1410A)


Referred to Planning and Zoning Committee

090569
Approving the plat of NNSA National Security Campus, an addition in Jackson County, Missouri; accepting various easements; establishing grades on public ways; authorizing the Director of City Development to execute a certain agreement; authorizing the Director of Public Works to execute certain agreements; and authorizing the City Clerk to record this ordinance and attached documents. (SD1414)


Referred to Planning and Zoning Committee

090570
Approving the plat of Marion Crossing at Three Trails – Lots 6A and 6B, an addition in Jackson County, Missouri; establishing grades on public ways; and authorizing the City Clerk to record this ordinance and attached documents. (SD1375A)


Referred to Planning and Zoning Committee

090571
Approving the plat of Marion Crossing at Three Trails – Lot 1, an addition in Jackson County, Missouri; accepting various easements; establishing grades on public ways; and authorizing the City Clerk to record this ordinance and attached documents. (SD1375C)


Referred to Planning and Zoning Committee

090577
RESOLUTION - Amending the Shoal Creek Valley Area Plan for a 56 acre tract of land generally located south of NE Shoal Creek Drive, east of Searcy Creek Parkway, west of Interstate 435 and north of NE Pleasant Valley Road, by changing the recommended land use designation from retail and residential to residential uses. (405-S-40)


Referred to Planning and Zoning Committee

090580
Approving an amendment to a previously approved preliminary plan in District PD/C-2 on a 9 acre tract of land generally located at the southwest corner of W. 103rd Street and Wornall Road. (6667-PD-35)


Referred to Planning and Zoning Committee

090581
Rezoning an area of approximately 56 acres generally located south of N.E. Shoal Creek Drive, east of Searcy Creek Parkway, west of Interstate 435 and north of N.E. Pleasant Valley Road, from Districts CP-2 and RA to Districts R-1a (46.72 acres) and District R-5 (9.33 acres). (11265-P-1)


Referred to Planning and Zoning Committee

090582
Approving a preliminary Community Unit Project in Districts R-1a (46.72 acres) and R-5 (9.33 acres) for a total area of 56 acres generally located south of N.E. Shoal Creek Drive, east of Searcy Creek Parkway, west of Interstate 435 and north of N.E. Pleasant Valley Road. (11265-CUP-2)


Referred to Planning and Zoning Committee

090575
Amending Chapter 44, Code of Ordinances, by repealing Sections 44-1 through 44-14 and enacting new sections of like subject which shall be sections 44-1 through 44-11 and assigning a new chapter name which shall be “Corrections”.


Councilmember Jolly Move to Advance

Seconded by Councilmember Ford
Ayes: 11 - Hermann, Skaggs, Ford, Curls, Sanders Brooks, Marcason, Circo, Riley, Jolly, Sharp, Funkhouser
Nays: 0


Move To Delete From Advances
referred back through first reading process
Ayes: 11 - Hermann, Skaggs, Ford, Curls, Sanders Brooks, Marcason, Circo, Riley, Jolly, Sharp, Funkhouser
Nays: 0


Referred to Public Safety and Neighborhoods Committee

090583
Approving a $58,973.55 contract amendment with Kansas City Free Health Clinic to provide substance abuse counseling, assessment and intervention services for clients living with HIV/AIDS.


Referred to Public Safety and Neighborhoods Committee

090572
Authorizing the Director of Public Works to execute a $4,443,837.65 contract with Superior Bowen Asphalt Company LLC., for the resurfacing of various streets; authorizing the expenditure of funds in the amount of $4,443,837.65; authorizing the Director of Public Works to execute change orders upon the City Managers approval; and recognizing an emergency.


Referred to Transportation and Infrastructure Committee

090573
Authorizing reconstruction of sidewalks, curbs, driveway entrances, and appurtenances along various streets Citywide; reducing and appropriating $209,794.83 from the Revolving Public Improvement Fund; authorizing the Director of Public Works to expend $209,794.83 for the projects; and authorizing assessment of the costs against the properties benefited.


Referred to Transportation and Infrastructure Committee

090576
Authorizing execution of an Easement Conveyance with Kansas City Power and Light Company to enter upon lands of Kansas City to provide power to a Compressed Natural Gas facility on City-owned property at the Blue River Secondary Treatment Plant located at 7600 E. Front Street; and directing the City Clerk to record this ordinance in the Office of the Recorder of Deeds for Jackson County, Missouri.


Referred to Transportation and Infrastructure Committee

090584
Releasing part of a permanent sanitary sewer easement from Park Hill R-5 School District in Platte County, Missouri and directing the City Clerk to record the release.


Referred to Transportation and Infrastructure Committee
 
 Councilmember Jolly Move To Introduce
 
Ayes: 11 - Hermann, Skaggs, Ford, Curls, Sanders Brooks, Marcason, Circo, Riley, Jolly, Sharp, Funkhouser
Nays: 0

090588
Authorizing the Director of Neighborhood and Community Services to execute an amended Intergovernmental Agreement with Jackson County, Missouri; reducing and increasing appropriations in the GO Bond Fund in the amount of $400,000.00; and reducing and increasing appropriations in the General Fund by $400,000.00 for improvements to be made to the Criminal Justice Building; stating the City’s intent to issue bonds or use a lease purchase agreement to fund the regional jail project; estimating additional revenue in the Equipment Capital Lease Acquisition Fund in the amount of $350,000.00; appropriating that amount from the Unappropriated Fund Balance to the MCI Jackson County account; designating requisitioning authority; declaring the City’s intent to reimburse itself for certain expenditures; authorizing the City Manager to expend the sum of $2,850,000.00 for the regional jail project; authorizing the City Manager to amend the construction contract with Konarth Group, Ltd.; and authorizing the Director of Finance to transfer expenditures and encumbrances.


Councilmember Jolly Move to Advance

Seconded by Councilmember Ford
Ayes: 11 - Hermann, Skaggs, Ford, Curls, Sanders Brooks, Marcason, Circo, Riley, Jolly, Sharp, Funkhouser
Nays: 0


Passed

Ayes: 11 - Hermann, Skaggs, Ford, Curls, Sanders Brooks, Marcason, Circo, Riley, Jolly, Sharp, Funkhouser
Nays: 0
 
 Councilmember Hermann Move To Introduce

090589
Authorizing the Director of Convention and Entertainment Facilities to execute a contract with the Westport Regional Business League for an amusement and entertainment shuttle service.


Referred to Finance and Audit Committee
 
 Councilmember Hermann Move To Introduce
 
Ayes: 9 - Hermann, Skaggs, Ford, Curls, Marcason, Circo, Jolly, Sharp, Funkhouser
Nays: 0

090590
RESOLUTION - Recognizing the contributions of gay, lesbian, bisexual and transgender people to life in Kansas City and condemning hateful, hurtful, and harmful speech that seeks not to understand and unify but to divide our society.


Councilmember Hermann Move to Adopt

Seconded by Councilmember Circo
Ayes: 9 - Hermann, Skaggs, Ford, Curls, Marcason, Circo, Jolly, Sharp, Funkhouser
Nays: 0


Adopted

Ayes: 9 - Hermann, Skaggs, Ford, Curls, Marcason, Circo, Jolly, Sharp, Funkhouser
Nays: 0
 
 Councilmember Hermann Move To Introduce

090591
RESOLUTION - Approving the 2008 Annual Report of the Kansas City, Missouri Downtown Economic Stimulus Authority and authorizing the Director of Finance and the Kansas City, Missouri Downtown Economic Stimulus Authority to submit the report to the Missouri Department of Economic Development. 


Referred to Finance and Audit Committee
 
MISCELLANEOUS BUSINESS