Last Published: 10/16/2009 9:24:20 AM
KANSAS CITY COUNCIL RECORD
 
Upon Roll Call the following members were present:
Presided:1 - MARK FUNKHOUSER
Present:10 - DEB HERMANN, BILL SKAGGS, RUSS JOHNSON, MELBA CURLS, SHARON SANDERS BROOKS, JAN MARCASON, CINDY CIRCO, TERRY RILEY, CATHY JOLLY, JOHN SHARP
Excused:2 - ED FORD, BETH GOTTSTEIN
 

090876
RESOLUTION - Honoring Linda Kneib on her retirement after 15 years of dedicated service to the City of Kansas City, Missouri.


Adopted

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

090891
RESOLUTION - Congratulating the UMKC Bloch School’s Institute for Entrepreneurship and Innovation on being recognized as one of the top 25 graduate entrepreneurship programs in the country.


Adopted

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

090877
COMMUNICATION - Notice of Temporary Traffic Regulations Numbers 60348 Through 60399


Received And Filed

090900
COMMUNICATION - Notice received by the City Clerk from the Planned Industrial Expansion Authority of Kansas City, Missouri regarding the Annual Report of PIEA Activities for the 2008 calendar year.


Received And Filed

090887
RESOLUTION - Approving the preparation and submission of an application to the United States Environmental Protection Agency in accordance with the Comprehensive Environmental Response and Liability Act of 1980, as amended, for a Brownfields Assessment Coalition Grant in the amount of $1,000,000.00 for the assessment of hazardous waste and petroleum brownfield properties; authorizing the City to enter into a coalition with Jackson County, Missouri and the Land Clearance for Redevelopment Authority of Kansas City, Missouri to submit the Brownfields Assessment Coalition Grant; and authorizing the Mayor, on behalf of the City, to execute a Memorandum of Agreement among the coalition members.


Adopted

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

090901
RESOLUTION - Recognizing the success of Kansas City, Missouri's Drop Out Summit and paving the way for future youth development efforts in Kansas City, Missouri as well as all surrounding communities.


Adopted

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

090836
Authorizing the Director of City Development to execute certain agreements and accept various easements and special warranty deeds; and authorizing the City Clerk to record this ordinance and attached documents for Centerpoint KCS Intermodal Center. (SD1411)


Passed

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

090848
Authorizing the Director of General Services to execute a Missouri Highway and Transportation Commission Congestion Mitigation and Air Quality (CMAQ) Agreement, No. CMAQ-3309-(403), and containing CMAQ funds for the purchase of Compressed Natural Gas (CNG) vehicles for the City; and authorizing the Director of General Services Department to act as the City’s designated authority for participation in the Congestion Mitigation and Air Quality funding reimbursement program.


Passed

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

090721
(Sub.)
Amending Chapter 10, Code of Ordinances, by repealing Sections 10-1, Definitions, and 10-106, Extended hours licenses, and enacting in lieu thereof new sections of like number and subject matter which change the definition of a school as well as a convention hotel or motel and change the eligibility requirements of receiving and maintaining a convention trade area 3:00 a.m. closing permit.


Passed as Substituted

Ayes: 10 - Hermann, Johnson, Curls, Sanders Brooks, Marcason, Circo, Riley, Jolly, Sharp, Funkhouser
Nays: 1 - Skaggs

090763
Amending Chapter 10, Code of Ordinances, by repealing Section 10-214, Consents required, and enacting in lieu thereof a new section of like number and subject matter which specifies when an eligible consenter may withdraw their consent.


Passed

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

090784
(Sub.)
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.


Passed as Substituted

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

090802
Accepting and approving a six-month $355,000.00 contract amendment with the Missouri Department of Health and Senior Services to provide funding for HIV case management services in Kansas City, Missouri; increasing revenue in the amount of $93,424.00 in the Governmental Grants Fund; and increasing appropriations in the amount of $12,710.00 in the Governmental Grants Fund.


Passed

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

090803
Accepting and approving a one-year Minority AIDS Initiative grant award in the amount of $208,714.00 from the U.S. Department of Health and Human Services to provide funding for case management services to minority populations; increasing revenue and appropriations in the amount of $8,857.00 in the Governmental Grants Fund.


Passed

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

090804
Accepting and approving a $44,351.00 contract amendment with Truman Medical Center, Inc. to provide additional primary health care services to eligible clients in the Kansas City Transitional Grant Area who meet Ryan White Title I guidelines.


Passed

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

090814
Accepting and approving an $8,500.00 contract amendment with the Missouri Department of Health and Senior Services to provide funding for the development and support of community-based coalitions to reduce smoking and tobacco use; and authorizing the expenditure of $8,500.00 in the Tobacco Use and Prevention account of the Government Grants Fund.


Passed

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

090843
Accepting and approving a one year $34,993.00 grant from the Missouri Department of Health and Senior Services to provide services for the Women's Infant and Children's supplemental food program (WIC); and increasing revenue and an appropriation in the amount of $2,329.00 in the Governmental Grants Fund.


Passed

Ayes: 11 - Hermann, Skaggs, Johnson, Curls, Sanders Brooks, Marcason, Circo, Riley, Jolly, Sharp, Funkhouser
Nays: 0
 
 Councilmember Hermann Move to Waive Charter Requirement
I MOVE THAT THE CHARTER REQUIREMENTS FOR READING OF ORDINANCE NO(S): CONSENT: 090857 090855 090856(sub) 090863 DEBATE: 090873(sub) 090819 090839(sub) 090867 090816 090817 090820(sub) 090862 090874 ON THREE SEPARATE DAYS BE WAIVED AND THAT THESE ORDINANCES BE ADVANCED FOR FINAL READING AND CONSIDERATION AT THIS TIME.
 
Ayes: 11 - Hermann, Skaggs, Johnson, Curls, Sanders Brooks, Marcason, Circo, Riley, Jolly, Sharp, Funkhouser
Nays: 0

090857
Approving and authorizing settlement of the lawsuit styled Kim Johnson v. City of Kansas City, Missouri v. New Landmark Church, Case No. 0816-CV08272.


Passed

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

090855
Accepting and approving one year $571,595.00 contract with the Missouri Department of Health and Senior Services to provide funding for activities related to planning and preparing for a possible pandemic outbreak; estimating revenue and increasing appropriations in the amount of $428,696.00 in the Pandemic Preparedness account of the Governmental Grants Fund; and recognizing an emergency


Passed

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

090856
(Sub.)
Increasing appropriations in the amount of $150,000.00 in the Housing Opportunities for Persons with AIDS (HOPWA) Fund for the purpose of providing increased assistance in housing services for persons with AIDS through the end of the current fiscal year; and recognizing an emergency.


Passed as Substituted

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

090863
Authorizing the Director of Water Services to execute Change Order 1 for $500,000.00 for Contract No. 979, Sewer Line Repairs at Various Locations, 2009 Fiscal Year, with Blue Nile Engineering, Inc., for additional work under the contract, renewing the term of the contract for an additional year; authorizing the Director of Water Services Department to expend up to an additional $500,000.00 for the work from funds previously appropriated; and authorizing the Director of Finance to return unexpended appropriations to the appropriate account.


Passed

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

090873
(Sub.)
Reducing an appropriation in the Capital Improvements Fund in the amount of $529,500.00 and appropriating it to accounts in the Capital Improvements Fund for projects in the First Council District; reducing street resurfacing in the General Fund and reappropriating for street resurfacing in the Capital Improvements Fund; authorizing the Director of Finance to transfer expenditures to the Capital Improvements Fund; and recognizing an emergency.


Passed as Substituted

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

090819
Rezoning an area of approximately 2.78 acres generally located at 1600 Olive Street from District M-1-p to District URD, and approving a development plan for the same. (7372-URD-26)


Passed

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

090839
(Sub.)
Approving an amendment to a previously approved development plan in District GP-3 on an approximately 12.92 acre tract of land generally located at 9300 and 9400 N.W. Prairie View Road, approximately 1,000 feet north of N.W. Tiffany Springs Road. (10251-GP-20)


Passed as Substituted

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

090867
Accepting a United States Environmental Protection Agency, American Recovery and Reinvestment Act of 2009 (ARRA) Brownfield Cleanup Grant for the East Village Project, Former Greyhound Bus Terminal, in the amount of $200,000.00; estimating revenue in the amount of $200,000.00; appropriating funds in the amount of $200,000.00; and designating requisitioning authority.


Passed

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

090816
Authorizing the Fire Department Director to execute on behalf of the City of Kansas City, Missouri, an agreement with the City of Liberty, Missouri, to provide mutual assistance when significant emergency circumstances exist or on an automatic basis under certain circumstances.


Passed

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

090817
Authorizing the Fire Department Director to execute on behalf of the City of Kansas City, Missouri, an agreement with the City of Gladstone, Missouri, to provide mutual assistance when significant emergency circumstances exist or on an automatic basis under certain circumstances.


Passed

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

090820
(Sub.)
Reducing Bridge Rehabilitation Program Funds from various accounts in the amount of $1,930,000.00 and appropriating this sum to the 12th Street Viaduct Phase III; authorizing an increase in the contingency of a contract with Comanche Construction, Inc. for the 12th Street Viaduct Phase III; designating requisitioning authority; and recognizing an emergency.


Passed as Substituted

Ayes: 9 - Hermann, Skaggs, Johnson, Curls, Sanders Brooks, Marcason, Circo, Sharp, Funkhouser
Nays: 0

090862
Authorizing the Director of General Services to execute a $1,249,894.00 contract with Larrison Construction, Inc. for renovations and site improvements at the Swope Ridge Geriatric Center; and authorizing the Director of General Services to amend the contract without council approval and expend $1,562,367.00 for the contract.


Passed

Ayes: 9 - Hermann, Skaggs, Johnson, Curls, Sanders Brooks, Marcason, Circo, Sharp, Funkhouser
Nays: 0

090874
Authorizing the Director of Water Services to execute a contract with Mid America Assistance Coalition to administer a low-income assistance program for payment of water bills.


Passed

Ayes: 9 - Hermann, Skaggs, Johnson, Curls, Sanders Brooks, Marcason, Circo, 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 8-9 OF TODAY’S DOCKET AND THAT THESE ORDINANCES BE PLACED ON THE DOCKET NEXT WEEK FOR THIRD READING.
 
Ayes: 9 - Hermann, Skaggs, Johnson, Curls, Sanders Brooks, Marcason, Circo, Sharp, Funkhouser
Nays: 0

090871
Authorizing the Director of Housing and Community Development, on behalf of the City, to release a Second Deed of Trust and Security Agreement which secures a $750,000.00 loan for the Quality Heights I affordable housing project.


Assigned to Third Read Calendar

090838
Approving an amendment to a previously approved preliminary development plan in District M-1p on approximately 13.0 acres generally located at 8601 E. Highway 40, on the south side of Highway 40, approximately 1,000 feet east of the I-435 interchange (8984-P-4)


Assigned to Third Read Calendar

090854
Approving the plat of Rockhill Condominium Second Replat, an addition in Jackson County, Missouri; and authorizing the City Clerk to record this ordinance and attached documents. (SD0541B)


Add to Consent Docket

090869
Declaring certain real property surplus to the City’s needs and authorizing the Director of General Services to offer for sale the vacant property located at 4520 Benton Boulevard, Jackson County, Missouri, and the improved property located at 5005 Swope Parkway, Jackson County, Missouri.


Assigned to Third Read Calendar

090726
(Sub.)
Amending Chapter 10, Code of Ordinances, by adding section 10-242, Probationary period, and by repealing Sections 10-332, Prohibited acts by all retail licensees, and 10-335, Prohibited acts on sales-by-drink premises, and enacting in lieu thereof new sections of like number and subject matter which adds restrictions that apply to nuisances and lewd and indecent conduct and adds a mandatory probationary period for all new licensees and permittees as well as current licensees and permittees who commit certain ordinance violations.


Assigned to Third Read Calendar

090762
(Sub.)
Amending Chapter 56, Code of Ordinances, by adding a new Article VII, Vacant building receiver.


Assigned to Third Read Calendar

090764
Amending Chapter 10, Code of Ordinances, by adding section 10-139, festival district temporary permit for sales by drink license, and repealing section 10-127, license and permit fees, and enacting in lieu thereof a new section of like number and subject matter which allows a promotional association the opportunity to apply for and receive a festival district temporary permit for the sale of alcoholic beverages by the drink.


Assigned to Third Read Calendar

090870
Authorizing the Director of Public Works to execute a contract in the amount of $449,853.25 with Brungardt Honomichl & Company, P.A. for traffic signal inventory and data collection services; authorizing the Director of Public Works to expend $449,853.25 for the project; and designating requisitioning authority.


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

090878
Terminating the 43rd & Main Tax Increment Financing Plan.


Referred to Finance and Audit Committee

090879
Approving and authorizing settlement of a claim for a workers’ compensation benefit filed by William Lewry for injuries resulting from an accident on October 27, 2006, while employed by the City.


Referred to Finance and Audit Committee

090880
Approving and authorizing settlement of a claim for a workers’ compensation benefit filed by Mark Kershaw for injuries resulting from an accident on January 1, 2007, while employed by the City.


Referred to Finance and Audit Committee

090881
Authorizing the Director of Finance to accept the proposal of Banc of America Public Capital Corp. to provide funds for the acquisition, installation and construction of various real property, capital equipment and other personal property and to execute any and all documents and agreements necessary for the transactions under one or more master lease purchase agreements, ground lease agreements and lease purchase agreements.


Referred to Finance and Audit Committee

090894
Authorizing a $1,700,000.00 agreement with the Jackson County Sports Complex Authority to be used in connection with the Harry S. Truman Sports Complex.


Referred to Finance and Audit Committee

090875
Approving the plat of Northview Meadows First Plat, 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. (SD1369)


Referred to Planning and Zoning Committee

090882
Approving the plat of Lakeview Villas, 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 a certain agreement; and authorizing the City Clerk to record this ordinance and attached documents. (SD1275A)


Referred to Planning and Zoning Committee

090883
Approving the plat of The Meadows at Searcy Creek First Plat, an addition in Clay County, Missouri; accepting various easements; establishing grades on public ways; vacating a portion of a street; 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. (SD1418)


Referred to Planning and Zoning Committee

090889
Authorizing the transfer of real estate to the Kansas City Area Transportation Authority as provided by the Cooperative Agreement in Ordinance No. 081244.


Referred to Planning and Zoning Committee

090890
Approving the Petition to establish the Greenway Fields Neighborhood Community Improvement District; establishing the Greenway Fields Neighborhood Community Improvement District), generally located between West 61st Street on the north, West 65th Street on the south, Summit Street on the west and Wornall Road on the east in Kansas City, Jackson 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

090895
Authorizing execution of Amendment No. 3 to the professional services contract between the City of Kansas City, Missouri and James Duncan Associates and the expenditure of funds in an amount not to exceed $327,900.00.


Referred to Planning and Zoning Committee

090897
Rezoning an area of approximately 2.7 acres generally located on the east side of Central Street between 125 and 500 feet south of W. 39th Street, and both sides of Wyandotte Street between 200 and 700 feet south of W. 39th Street from Districts R-4 and C-2 to District R-1b. (14008-P)


Referred to Planning and Zoning Committee

090898
Approving an amendment to a previously approved preliminary plan in District M-2a-p on a 1,656 acre tract of land generally located on the north side of Highway 210 and on both sides of E. 40th Street. (8121-P-29)


Referred to Planning and Zoning Committee

090899
Approving an amendment to a previously approved development plan in District GP-3 on about 32 acres generally located at the southwest corner of Tiffany Springs Road and proposed N. Ambassador Drive for a 180,000 square foot commercial development. (6029-GP-23)


Referred to Planning and Zoning Committee

090884
Authorizing acceptance of a grant agreement from the Mid-America Regional Council (MARC) for a Family Caregiver Case Management Grant, a U.S. Department of Health and Human Services grant; appropriating and estimating revenues in the amount of $100,560.00 to the General Fund; and designating requisitioning authority.


Referred to Public Safety and Neighborhoods Committee

090888
Accepting and approving a one year $155,540.96 contract amendment with the Missouri Department of Health and Senior Services that provides funding for the Maternal and Child Health program; and increasing appropriations in the amount of $10,900.00 in the Governmental Grants Fund.


Referred to Public Safety and Neighborhoods Committee

090893
Amending Chapter 10, Code of Ordinances, by repealing Sections 10-211, Number of retail alcoholic beverage licenses, and 10-215, Consents not required, and enacting in lieu thereof two new sections of like numbers and subject matters which adds an exempted area from the density and consent requirements.


Referred to Public Safety and Neighborhoods Committee

090892
Authorizing various traffic signal modifications; estimating revenue in the amount of $1,040,000.00 in the Capital Improvements Fund; appropriating the sum of $1,040,000.00 to various accounts in the Capital Improvements Fund; and designating requisitioning authority.


Referred to Transportation and Infrastructure Committee

090896
Estimating revenues in the Capital Improvements Fund and appropriating $1,411,200.00 from the Unappropriated Fund Balance of the Capital Improvements Fund to the North Oak Trafficway Improvements from NE 96th Street to NE 111th Street.


Referred to Transportation and Infrastructure Committee
 
 Councilmember Funkhouser Move To Introduce

090902
RESOLUTION - Approving the mayoral appointment of Michael Short to the Kansas City Area Transportation Authority as the representative of Platte County.


Immediate Adoption

Ayes: 10 - Hermann, Johnson, Curls, Sanders Brooks, Marcason, Circo, Riley, Jolly, Sharp, Funkhouser
Nays: 0
 
MISCELLANEOUS BUSINESS