Last Published: 5/5/2009 2:59:34 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
 

090256
RESOLUTION - Honoring Michael Garozzo and the staff of Garozzo’s Ristorante at 526 Harrison in Columbus Park on their 20th Anniversary.


Adopted

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

090267
RESOLUTION - Honoring John Franklin for over 30 years of service to the City of Kansas City, Missouri.


Adopted

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

090257
COMMUNICATION - For March, 2009: Accepting various easements and deeds in Clay County, Missouri and directing the City Clerk to record the acceptance.


Received And Filed

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

090254
(Sub.)
RESOLUTION - Establishing the City policy on participation in the “Green Impact Zone” Initiative that will receive federal funding under the American Recovery and Reinvestment Act.


Adopted as Substituted

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

090154
Vacating the north/south alley east of Cleveland Avenue, north of 6th Street, Kansas City, Jackson County, Missouri; retaining a utility easement; and directing the City Clerk to record certain documents. (1595-V)


Passed

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

090108
(Sub.)
Amending Chapter 38, Code of Ordinances, “Human Relations”, by repealing Section 38-1, Definitions; Section 38-62, Powers and duties; and Section 38-137, Discriminatory accommodation practices, and enacting in lieu thereof new sections of like designation and subject matter for the purpose of prohibiting the use of dress codes to deny persons access to businesses and facilities in publicly subsidized redevelopment plans and projects.


Councilmember Riley Move to Amend

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


Passed as Substituted and Amended

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

090156
Considering the Kansas City Register nomination for the property located at 2033 Vine Street, known as Fire Station No. 11, as required by Section 2.911-920, Administrative Code of the City of Kansas City. (250-S-118)


Passed

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

090158
Approving an amendment to a previously approved preliminary plan in District C-2-p on a 10.77 acre tract of land generally located on both sides of Madison Avenue south of W. 103rd Street. (10179-P-16)


Passed

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

090227
Amending Chapter 10, Code of Ordinances, by repealing section 10-102, full sales by drink license, section 10-339, employment of and sales by minors and section 10-342, sales-by-drink premises; minors and enacting in lieu thereof new sections of like number and subject matter which add a full sales-by-drink specialty license as well as a malt liquor and light wine sales-by-drink specialty license as well as the necessary requirements that apply to the sale, possession and employment of alcoholic beverages and minors.


Passed

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

090232
RESOLUTION - Accepting the report and recommendations of the EMS Advisory Committee and directing the City Manager to implement its recommendations and to provide reports to the Mayor and City Council at least every two months.


Councilmember Sharp Move to Amend

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


Councilmember Ford Move to Amend
2nd whereas clause and adds secion 5 to the ordinance - changes
Seconded by Councilmember Skaggs
Ayes: 3 - Skaggs, Ford, Johnson
Nays: 10 - Hermann, Curls, Sanders Brooks, Gottstein, Marcason, Circo, Riley, Jolly, Sharp, Funkhouser


Failed



Passed as Amended

Ayes: 10 - Hermann, Curls, Sanders Brooks, Gottstein, Marcason, Circo, Riley, Jolly, Sharp, Funkhouser
Nays: 3 - Skaggs, Ford, Johnson

090233
(Sub.)
Amending Section 2-972, Code of Ordinances, entitled “Residence of employees” to establish an exception for persons who become City employees as a result of the City’s assumption of obligations formerly performed by the Metropolitan Ambulance Services Trust.


Councilmember Sharp Move to Amend

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


Councilmember Sharp Move to Advance

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


Passed as Amended

Ayes: 9 - Hermann, Curls, Gottstein, Marcason, Circo, Riley, Jolly, Sharp, Funkhouser
Nays: 4 - Skaggs, Ford, Johnson, Sanders Brooks
 
 Councilmember Johnson Move to Waive Charter Requirement
MOVE THAT THE CHARTER REQUIREMENTS FOR READING OF ORDINANCE NO(S): ADVANCE CONSENTS: There are no consents this week. ADVANCE DEBATES: 090140 (sub) 090235 090238 090239 090230 090250 (sub) ON THREE SEPARATE DAYS BE WAIVED AND THAT THIS ORDINANCE BE ADVANCED FOR FINAL READING AND CONSIDERATION AT THIS TIME.
 
Ayes: 11 - Skaggs, Ford, Johnson, Sanders Brooks, Gottstein, Marcason, Circo, Riley, Jolly, Sharp, Funkhouser
Nays: 0

090140
(Sub.)
Authorizing the Director of General Services to enter into a Fourth Amendment to a Lease Agreement with Care Center of Kansas City for property generally known as Swope Ridge Geriatric Center at 5900 Swope Parkway for the term beginning May 1, 2008 and ending April 30, 2028.


Passed as Substituted

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

090235
Accepting and approving a $100,306.40 contract amendment with Truman Medical Center, Inc. to provide additional case management services to eligible clients in the Kansas City Transitional Grant Area who meet Ryan White Title I guidelines.


Passed

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

090238
Accepting and approving a contract amendment $53,537.40 with the University of Kansas Medical Center to provide additional case management services to eligible clients in the Kansas City Transitional Grant Area who meet Ryan White Title I guidelines.


Passed

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

090239
Accepting and approving a contract amendment with the Missouri Department of Health and Senior Services to reduce funding for HIV/STD prevention services in Kansas City, Missouri by $3,531.00; reducing revenue in the amount of $3,530.00 in the Governmental Grants Fund; and reducing appropriations in the amount of $3,531.00 in the Governmental Grants Fund.


Passed

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

090230
Appropriating $350,000.00 to complete preliminary design of the Missouri River Corridor; appropriating $350,000.00 to reimburse the Capital Improvements Sales Tax Fund; authorizing the Director of Public Works to execute a Cooperative Agreement between the cities of Kansas City, Sugar Creek and Independence for preliminary engineering design services; designating requisitioning authority; and recognizing an emergency.


Passed

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

090250
(Sub.)
Authorizing the Director of Public Works to execute a $2,092,285.46 contract with Superior Bowen Asphalt Company LLC., for the resurfacing of various streets; authorizing the expenditure of funds in the amount of $2,092,285.46; appropriating $1,793,150.54 to reimburse the Capital Improvements Sales Tax Fund; authorizing the Director of Public Works to execute change orders upon the City Managers approval; and recognizing an emergency. 


Passed as Substituted

Ayes: 11 - Skaggs, Ford, Johnson, Curls, Sanders Brooks, Gottstein, Marcason, Circo, Riley, Jolly, Sharp
Nays: 0
 
 Councilmember Curls 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 OF TODAY’S DOCKET AND THAT THESE ORDINANCES BE PLACED ON THE DOCKET NEXT WEEK FOR THIRD READING.
 
Ayes: 11 - Skaggs, Ford, Johnson, Curls, Sanders Brooks, Gottstein, Marcason, Circo, Riley, Jolly, Sharp
Nays: 0

090064
Amending Committee Substitute for Ordinance No. 030925 by repealing Section 3 and enacting a new section regarding the appointment of Commissioners of the Downtown Economic Stimulus Authority. 


Assigned to Third Read Calendar

090152
Rezoning an area of approximately 7.1 acres generally located at the northwest corner of N.W. 64th Terrace and N. Cosby Avenue from Districts R-2a and CP-1 to District R-4. (6576-P-21).


Assigned to Third Read Calendar

090153
Rezoning an area of approximately 7.1 acres generally located at the northwest corner of N.W. 64th Terrace and N. Cosby Avenue from District R-4 (Low Apartments) to District PD/R-4 (Planned District/Low Apartments), and approving a preliminary development plan for the same. (6576-PD-22).


Assigned to Third Read Calendar

090164
(Sub.)
Approving an amendment to a previously approved development plan in District CP-1 on approximately 5.6 acres generally located at the northwest corner of N. Cosby Avenue and N.W. 64th Terrace, for the purpose of deleting an approximately 4.22 acre tract of land from the development plan. (6576-CP-19)


Assigned Third Read Calendar as Substituted

090165
(Sub.)
Approving an amendment to a previously approved community unit project plan in District R-2a (Two-Family Dwellings)on approximately an 80.12 acre tract of land generally located at the northwest corner of N.W. 64th Terrace and N. Cosby Avenue, for the purpose of deleting an approximately 8.5203 acre tract of land from said community unit project plan. (6576-CUP-20)


Assigned Third Read Calendar as Substituted

090187
Adopting certain revisions to the Major Street Plan for Kansas City in six locations in an area generally located on the west side of I-29 between N.W. 97th Terrace (extended) on the south and N.W. 110th Street (extended) on the north; and directing the City Clerk to file certain documents with the appropriate offices (175-S-27)


Assigned to Third Read Calendar

090189
Approving an amendment to a previously approved preliminary development plan in District CP-2 on approximately an 8.55 acre tract of land generally located on the west side of Blue Ridge Cut-Off, south of E. 63rd Street Trafficway. (13723-P-1)


Assigned to Third Read Calendar

090191
Approving a development plan in District GP-8 on approximately 687 acres generally located on the west side of I-29 between N.W. 97th Terrace (extended) on the south and N.W. 110th Street (extended) on the north. (13543-GP-1)


Assigned to Third Read Calendar

090231
Rezoning an area of approximately 20.91 acres generally located on the south side of Blue Parkway between Jackson Avenue (extended) on the west and Elmwood Avenue (extended) on the east, from Districts R-1b and URD to District URD, and approving a development plan for the same. (12874-URD-1)


Assigned to Third Read Calendar

090244
Changing the names of various streets in Kansas City, Clay County, Missouri.


Add to Consent Docket

090245
Changing the names of various streets in Kansas City, Jackson County, Missouri.


Add to Consent Docket

090219
(Sub.)
Amending Second Committee Substitute for Ordinance No. 090127, passed February 19, 2009, by repealing and reenacting Sections 1 and 3 thereof for the purpose of revising the list of projects to be considered for any future funding that might be available to the City through the American Recovery and Reinvestment Act of 2009 under the Surface Transportation Program, and establishing the City’s policy on reallocating funds for projects that receive federal funding.


Assigned Third Read Calendar as Substituted

090229
Approving Traffic Regulations Numbers 59813 through 59857, 59859 through 59863, 59813 through 59818, 59838 through 59846, 59819 through 59837, 59847 through 59857 and 59859 through 59863.


Add to Consent Docket

090246
Authorizing the Director of Public Works to execute a public infrastructure funding agreement with the Tax Increment Financing Commission for the construction of street improvements to NW Barry Road east of I-29; and designating requisitioning authority.


Assigned to Third Read Calendar

090248
Approving a $205,000.00 Amendment No. 1 with Black and Veatch Corporation for Contract No. 8574, Project No. 80001316, Arrowhead Transmission Main (Phase 2); authorizing the Director of Water Services to expend $205,000.00 for the contract from previously appropriated funds; and authorizing the Director of Finance to return unexpended appropriations to the appropriate account.


Assigned to Third Read Calendar

090249
Authorizing the Director of Water Services Department to enter into a $2,456,500.00 contract with Haines and Associates Construction Company, Inc. for Contract No. 8577, Project No. 80001315, Highway 150 Transmission and Distribution Mains - Phase 2; authorizing the Director of Water Services to expend $2,702,150.00 from previously appropriated funds for the project; and authorizing the Director of Finance to return unexpended appropriations to the appropriate account.


Assigned to Third Read Calendar
 
 Councilmember Curls 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: 11 - Skaggs, Ford, Johnson, Curls, Sanders Brooks, Gottstein, Marcason, Circo, Riley, Jolly, Sharp
Nays: 0

090259
Approving and authorizing settlement of a claim for a workers' compensation benefit filed by Raymond Smith for injuries resulting from an accident on May 26, 2006, while employed by the City.


Referred to Finance and Audit Committee

090260
Accepting the recommendations of the Tax Increment Financing Commission of Kansas City as to the Eighth Amendment to the KCI Corridor Tax Increment Financing Plan; approving the Eighth Amendment to the KCI Corridor Tax Increment Financing Plan. 


Referred to Finance and Audit Committee

090261
(Sub.)
Accepting the recommendations of the Tax Increment Financing Commission as to the Fourth Amendment to the Parvin Road Corridor Tax Increment Financing Plan; and approving the Fourth Amendment to the Parvin Road Corridor Tax Increment Financing Plan.


Referred to Finance and Audit Committee

090262
(Sub.)
Accepting the recommendations of the Tax Increment Financing Commission as to the Ninth Amendment to the Shoal Creek Parkway Tax Increment Financing Plan; and approving the Ninth Amendment to the Shoal Creek Parkway Tax Increment Financing Plan.


Referred to Finance and Audit Committee

090263
Transferring appropriations between business units by reducing certain appropriations in the Public Safety Sales Tax Fund and appropriating $2,262,811.00 to the South Patrol Police Station account; and designating requisitioning authority.


Referred to Public Safety and Neighborhoods Committee

090264
Estimating revenue in the amount of $35,200.00 to the General Fund for reimbursement of audit fees and authorizing the Director of Finance to enter into a contract with BKD,LLP, to make the annual independent audit of the City’s books and records for the fiscal year ending April 30, 2009, and to perform other audit services, as requested; and authorizing the Director of Finance to pay up to $525,000.00 in consideration for said audit and audit related services.


Referred to Finance and Audit Committee

090265
Appropriating $687,295.00 from the Unappropriated Fund Balance of various funds to increase the appropriation for Bartle Hall debt service variable rate bond, Recreation Vehicle Lease and Arbitrage Rebate Payments; and recognizing an emergency.


Referred to Finance and Audit Committee

090266
(Sub.)
Authorizing the Director of City Development to execute a Subordination Agreement with Magellan Pipeline Company, L.P., for the plat of Kemp Estates First Plat, an addition in Clay County, Missouri; and authorizing the City Clerk to record this ordinance and attached Subordination Agreement. (SD1348)


Referred to Planning and Zoning Committee

090258
Amending Chapter 48, Code of Ordinances, by repealing Section 48-73, Administrative citation fine for violation of chapter, and enacting in lieu thereof new section of like number and subject matter to revise administrative citation fines.


Referred to Public Safety and Neighborhoods Committee

090255
Amending Section 70-179, Code of Ordinances, by repealing Section 70-179, Responsibility of registered owner for violations, and enacting a new section regarding the responsibility of registered owners of vehicles for violations.


Referred to Public Safety and Neighborhoods Committee

090268
Waiving the requirement that the apparent low bidder on a construction contract submit a notarized contractor utilization plan within forty-eight hours after bid opening and authorizing the Director of Public Works to execute a contract with Leath & Sons, Inc. for roadway improvements on 47th Street from West Pennsylvania to Broadway.


Referred to Transportation and Infrastructure Committee
 
MISCELLANEOUS BUSINESS