Last Published: 1/22/2010 11:00:31 AM
KANSAS CITY COUNCIL RECORD
 
Upon Roll Call the following members were present:
Presided:1 - BILL SKAGGS
Present:11 - DEB HERMANN, ED FORD, RUSS JOHNSON, MELBA CURLS, SHARON SANDERS BROOKS, BETH GOTTSTEIN, JAN MARCASON, CINDY CIRCO, TERRY RILEY, CATHY JOLLY, JOHN SHARP
Excused:1 - MARK FUNKHOUSER
 

100054
RESOLUTION - Recognizing Gloria Dei Lutheran Church on its 50th anniversary and expressing appreciation for its Holiday Assistance Program providing over 17,000 meals in 2009.


Adopted

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

100055
RESOLUTION - Honoring the Center City Neighborhood Association Youth Worker Team on their 2009 volunteer/work accomplishments.


Adopted

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

100061
COMMUNICATION - Notice to the Mayor and City Council from the City Clerk pursuant to Rule 28-A, listing the Semi-Annual Docket items considered by the Finance and Audit Committee, Planning & Zoning Committee, Public Safety & Neighborhoods Committee and Transportation & Infrastructure and Committee As A Whole to be released as indicated. The Housing Committee and Legislative Committee, had no Semi-Annual Docket items to consider.


Received And Filed

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

100062
COMMUNICATION - Notice received by the City Clerk regarding the Brywood Centre Community Improvement District Proposed Budget for fiscal year May 1, 2010 – April 30, 2011.


Received And Filed

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

100047
(Sub.)
RESOLUTION - Directing the City Manager to present a report on the current structure of City revenues.  


Adopted as Substituted

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

100052
RESOLUTION - Authorizing the City Attorney to take any legal actions he determines appropriate to challenge the lawfulness of any initiative petitions that would impact the City’s ability to continue its earnings and profits tax.


Adopted

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

100053
RESOLUTION - Supporting the addition of a goal for the common economic development agenda during the Missouri General Assembly’s 2010 Legislative Session related to United States Highway 71.


Adopted

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

090981
(Sub.)
Establishing the Special Allocation Agency Fund in the records of the City; funding and appropriating a total of $5,581,399.00 in the fund; designating requisitioning authority; stating the intention of the Council to limit the time frame in which the City will make available reported economic activity taxes for reimbursements for redevelopment project costs in new tax increment financing plans and projects and amendments to existing tax increment financing plans and projects; and requesting the Tax Increment Financing Commission of Kansas City, Missouri, to implement this policy.


Passed as Substituted

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

100002
Amending Chapter 10, Code of Ordinances, by repealing section 10-105, general requirements for temporary and annual catering permits, and enacting in lieu thereof a new section of like number and subject matter which will allow any liquor-by-the-drink licensee the opportunity to apply for and receive a temporary or annual catering permit.


Passed

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

100015
(Sub.)
Reducing an appropriation in the Bridge Rehabilitation Program Fund in the amount of $200,000.00; appropriating $200,000.00 from the Unappropriated Fund Balance of the 2007 GO Bond Fund to the NW Hampton Road project; authorizing an increase in the contingency of a contract with HB Construction, Inc., for the NW Hampton Road Bridge Replacement Over Brush Creek project in the amount of $200,000.00; authorizing the City Manager to expend $200,000.00 for the contract; and recognizing an emergency.


Passed as Substituted

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

100021
Authorizing a $25,000.00 Amendment No. 5 to an Agreement with TranSystems Corporation for Project No. 89001236 – N.W. 64th-68th Street (Gower) Connector; and authorizing the City Manager to expend $25,000.00 from previously appropriated funds for the project.


Passed

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

100031
(Sub.)
Authorizing a development agreement among the Planned Industrial Expansion Authority of Kansas City, Missouri, CenterPoint Zimmer LLC, the Industrial Development Authority of the City of Kansas City, Missouri, and the City for the development of a campus for the National Nuclear Security Agency; estimating revenue in the amount of $20,750,000.00; and appropriating it and authorizing its expenditure for the Botts Road Project.


Councilmember Riley Move To Hold On Docket
1 week
Seconded by Councilmember Sharp
Ayes: 12 - Hermann, Skaggs, Ford, Johnson, Curls, Sanders Brooks, Gottstein, Marcason, Circo, Riley, Jolly, Sharp
Nays: 0


Held on Docket (1/28/2010)
 
 Councilmember Johnson Move to Waive Charter Requirement
MOVE THAT THE CHARTER REQUIREMENTS FOR READING OF ORDINANCE NO(S): ADVANCE CONSENTS: 100044 100001 ADVANCE DEBATES: 090657 (sub) 100033 100037 100038 100039 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, Gottstein, Marcason, Circo, Riley, Jolly, Sharp
Nays: 0

100044
Authorizing the Director of Convention and Entertainment Facilities to enter into a one year utilities concessions contract with Green Wave Technology, Inc., for the provision of electrical, telephone, internet, and water connectivity to clients and customers at the Kansas City Convention Center and Municipal Auditorium.


Passed

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

100001
Authorizing the Director of Water Services to execute a Settlement Agreement with Kevin Sleyster and to execute all necessary documents to convey certain property to Kevin Sleyster, subject to a storm drainage easement, in exchange for debris removal from property owned by the City.


Passed

Ayes: 11 - Hermann, Skaggs, Ford, Johnson, Curls, Sanders Brooks, Gottstein, Marcason, Riley, Jolly, Sharp
Nays: 1 - Circo

090657
(Sub.)
Transferring $439,850.51 in completed grant funds to the General Fund; appropriating $300,000.00 to fulfill the City’s financial commitment to Operation Breakthrough; authorizing a $300,000.00 contract with Operation Breakthrough; and authorizing the Director of Finance to close the Federal Urban Development Grant Fund (No. 2520).


Passed as Substituted

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

100033
Authorizing the Director of Public Works to execute a five (5) year contract with Town and Country Disposal of Western Missouri, Inc. for curbside residential refuse collection and disposal services; and authorizing the Director of Public Works to exercise five (5) one-year renewals of the contract.


Passed

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

100037
Authorizing the execution of a ten year lease with 2 ten-year renewals of Building 2 and other specified land at the Overhaul Base at the Kansas City International Airport between the City of Kansas City, Missouri, and Jet Midwest, Inc.


Passed

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

100038
Authorizing the execution of a short term lease of Building 1 (Narrow Body Hangar) and other specified land at the Overhaul Base at the Kansas City International Airport between the City of Kansas City, Missouri, and Jet Midwest, Inc.


Passed

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

100039
Authorizing the execution of a ten year lease with 2 ten-year renewals of Building 1 (Narrow Body Hangar) and other specified land at the Overhaul Base at the Kansas City International Airport between the City of Kansas City, Missouri, and Jet Midwest, Inc., to begin within 24 months.


Passed

Ayes: 12 - Hermann, Skaggs, Ford, Johnson, Curls, Sanders Brooks, Gottstein, Marcason, Circo, Riley, Jolly, Sharp
Nays: 0
 
 Councilmember Ford Move to Waive Charter Requirement
MOVE THAT THE CHARTER REQUIREMENTS FOR READING OF THE ORDINANCE ON THREE SEPARATE OCCASIONS IS WAIVED FOR THE ORDINANCES ON SECOND READING ON PAGES 6-7 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, Gottstein, Marcason, Circo, Riley, Jolly, Sharp
Nays: 0

090909
(Sub.)
Amending Chapter 88, Code of Ordinances, by adding a new Section 88-25-03.1, Continuation of Use Conditions and Use Limitations on Site-Specific Development Plans, and amending Section 88-530-10, Approval Criteria, to add additional criteria for the review of major and minor site plans. BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:


Assigned Third Read Calendar as Substituted

090959
Approving an amendment to a previously approved preliminary development plan in District GP-1 on approximately 59 acres generally located at the southeast quadrant of N. Congress Avenue and N.W. 112th Street. (13556-GP-2)


Assigned to Third Read Calendar

091053
Repealing Ordinance No. 071290 that approved the plat of Quail Valley First Plat and enacting a new ordinance approving the plat of Quail Valley 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 agreements. (SD0633G)


Assigned to Third Read Calendar

100006
Approving the plat of Kansas City Power and Light Southeast Campus, an addition in Jackson 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. (SD1415)


Add to Consent Docket

100007
Approving the plat of North Raymore Substation, an addition in Jackson 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. (SD1301A)


Assigned to Third Read Calendar

100010
Approving the plat of Bristol East First 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. (SD0630L)


Add to Consent Docket

100029
(Sub.)
Authorizing the Director of City Planning and Development to enter into a $400,000.00 Federal Aid Program Agreement with the Missouri Highway and Transportation Commission and accept $100,000.00 in local match from the North Oak Tax Increment Finance Plan; appropriating $500,000.00; authorizing a $138,000.00 design agreement with Patti Banks Associates, LLC and a $347,407.00 design agreement with Brian Clark and Associates d/b/a Confluence for the North Oak Corridor Streetscape Plan; authorizing the Director of City Development to expend $500,000.00; and designating requisitioning authority.


Assigned Third Read Calendar as Substituted

100034
Authorizing the Director of City Development to execute a Covenant to Maintain Agreement for a Public Storm Water Detention Facility for the plat of Barry Pointe Office Park-Second Plat, Lot 2, an addition in Clay County, Missouri, and authorizing the City Clerk to record this ordinance and attached agreement.


Add to Consent Docket

100035
Releasing three sewer easements in Jackson County, Missouri, and directing the City Clerk to record the releases.


Add to Consent Docket

100008
(Sub.)
Amending Chapter 10, Code of Ordinances, by repealing Section 10-211, Number of retail alcoholic beverage licenses, and enacting in lieu thereof a new section of like number and subject matter which more clearly defines how density is applied to a proposed retail sales-by-package licensed premise and sets a minimum population requirement which defines when the density requirement will be used.


Assigned Third Read Calendar as Substituted

100036
Authorizing a $575,070.00 Amendment No. 2 to an agreement with S.K. Design Group, Inc. for Project No. 62090341 – Business Class Parking for a total contract amount of $852,618.00; and authorizing the Director of Aviation to expend $632,577.00 for the contract.


Assigned to Third Read Calendar
 
 Councilmember Ford 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 8-9 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, Gottstein, Marcason, Circo, Riley, Jolly, Sharp
Nays: 0

100060
Reducing the Contingent Appropriation in the General Fund by $1,271,000.00; increasing appropriations to transfer this amount to the Motor Fuel Tax Fund; estimating revenue in the Motor Fuel Tax Fund; appropriating $1,271,000.00 to the Snow and Ice Removal account; and recognizing an emergency.


Referred to Finance and Audit Committee

100065
Amending Chapter 38, Code of Ordinances, by amending Section 38-100.5 to authorize the establishment of a processing fee for MBE and WBE certifications.


Referred to Finance and Audit Committee

100053
RESOLUTION - Supporting the addition of a goal for the common economic development agenda during the Missouri General Assembly’s 2010 Legislative Session related to United States Highway 71.


Referred to Legislative Committee

100056
RESOLUTION - Amending the Shoal Creek Valley Area Plan for a 4.2 acre tract of land generally located on the east side of N. Brighton Avenue from Missouri Highway 152 to N.E. Barry Road, by changing the recommended land use designation from residential to retail uses. (405-S-41)


Referred to Planning and Zoning Committee

100057
Rezoning an area of approximately 4.2 acres generally located on the east side of N. Brighton Avenue from Missouri Highway 152 to N.E. Barry Road from Districts RA and R-1a to District C-1-p, and approving a preliminary development plan for the same. (14058-P)


Referred to Planning and Zoning Committee

100058
Vacating the north-south and east-west alleys south of 17th Street east of Holmes Street, Kansas City, Jackson County, Missouri, retaining a utility easement, and directing the City Clerk to record certain documents. (1600-V)


Referred to Planning and Zoning Committee

100059
Condemning and taking property rights on private properties for the construction and maintenance of Line Creek Trail, in Kansas City, Platte County, Missouri; providing for the payment of just compensation; authorizing continued negotiations by the Capital Improvement Management Office; and authorizing the City Clerk to record this ordinance in the Office of the Platte County Recorder.


Referred to Transportation and Infrastructure Committee

100063
Authorizing the Director of Water Services Department to enter into a $5,631,724.94 contract with Foley Company for Contract No. 8636, Project No. 80000193, Renovation of Filter Gallery B (Section I Work); authorizing the Director of Water Services to expend $6,080,000.00 for construction of the project; authorizing the Director of Water Services to enter into a $1,410,400.00 contract with Black and Veatch Corporation for Contract No. 8699, Project No. 80000193, Renovation of Filter Gallery B (Section I Work) Construction Phase Services Phase II; authorizing the Director of Water Services to charge up to $741,006.35 for project management costs; authorizing the Director of Finance to return unexpended appropriations to the appropriate account; and recognizing an emergency.


Referred to Transportation and Infrastructure Committee

100064
Authorizing the Director of Water Services Department to enter into a $2,805,895.00 contract with Burns and McDonnell Engineering Company, Inc. for Contract No. 995, Project No. 81000297, Fishing River WWTP Expansion Project Design – Phase II; authorizing the Director of Water Services to expend $2,905,895.00 for the project; authorizing the Director of Water Services to charge up to $649,669.00 for project management costs associated with this project; and authorizing the Director of Finance to return unexpended appropriations to the appropriate account.


Referred to Transportation and Infrastructure Committee
 
 Councilmember Hermann Move to Call from Committee
080935 second reading

080935
Amending Chapter 62, Code of Ordinances, by repealing Sections 62-1 through 62-12 and Sections 62-41 through 62-55, and enacting new sections in lieu thereof for the purpose of updating the solid waste code to reflect current refuse collection and management practices; eliminating all payments in lieu of City-provided services to mobile home developments, travel trailer camps, buildings containing seven or more dwelling units, and neighborhood associations; and eliminating the board of refuse appeals.


Assign to Second Reading Calendar
 
 Councilmember Ford Move to Go into Closed Session
closed session due to section 610.21 (1) petition drive 4:13 p.m. in to closed session 4:41 p.m. exited from closed session
 
Ayes: 12 - Hermann, Skaggs, Ford, Johnson, Curls, Sanders Brooks, Gottstein, Marcason, Circo, Riley, Jolly, Sharp
Nays: 0
 
 Councilmember Hermann Move To Introduce

100066
Cancelling the City Council standing committee meetings and legislative and business sessions for the weeks of February 15, 2010; March 15, 2010; July 5, 2010; August 9, 2010; September 13, 2010; November 22, 2010; November 29, 2010; December 20, 2010; and December 27, 2010.


Referred to Finance and Audit Committee
 
 Councilmember Riley Move To Introduce
100067-resolution
 
Ayes: 12 - Hermann, Skaggs, Ford, Johnson, Curls, Sanders Brooks, Gottstein, Marcason, Circo, Riley, Jolly, Sharp
Nays: 0

100067
RESOLUTION - Reaffirming the intention of the Council to assure all taxing jurisdictions are appropriately represented on the Tax Increment Financing Commission of Kansas City, Missouri.


Councilmember Riley Move to Advance

Seconded by Councilmember Sharp
Ayes: 12 - Hermann, Skaggs, Ford, Johnson, Curls, Sanders Brooks, Gottstein, Marcason, Circo, Riley, Jolly, Sharp
Nays: 0


Adopted

Ayes: 12 - Hermann, Skaggs, Ford, Johnson, Curls, Sanders Brooks, Gottstein, Marcason, Circo, Riley, Jolly, Sharp
Nays: 0
 
MISCELLANEOUS BUSINESS
 
 Consideration of Semi-Annual Docket Items. Mayor: The City Clerk has presented to us today a restated semi-annual docket which lists only those ordinances/resolutions which the City Council committees have requested be released or deemed lost and which lists two ordinances assigned to the Committee As A Whole which I recommend to be released or deemed lost. Is there any member who wants to request that any ordinance/resolution recommended to be released from the semi-annual docket actually remain on the Council's semi-annual docket? Mayor: The ordinances/resolutions listed on the restated semi-annual docket presented to us by the City Clerk today as being those recommended for release are hereby deemed defeated. All other ordinances/resolutions contained on the semi-annual docket presented to us last week will remain on the semi-annual docket.