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Last Published: 6/15/2017 5:02:00 PM
KANSAS CITY COUNCIL RECORD
 
Upon Roll Call the following members were present:
Presided:1 - SCOTT WAGNER
Present:9 - DAN FOWLER, QUINTON LUCAS, JERMAINE REED, KATHERYN SHIELDS, JOLIE JUSTUS, LEE BARNES JR., ALISSIA CANADY, SCOTT TAYLOR, KEVIN MCMANUS
Excused:3 - HEATHER HALL, TERESA LOAR, SYLVESTER JAMES, JR.
 

170448
RESOLUTION - Congratulating the Inaugural Real Estate Associate Program (REAP) Class from Kansas City, Missouri.


Adopted

Ayes: 10 - Wagner, Fowler, Lucas, Reed, Shields, Justus, Barnes Jr., Canady, Taylor, McManus
Nays: 0

170440
COMMUNICATION - Notice to the Mayor and City Council of Kansas City that a Committee of Petitioners filed in the Clerk’s Office, on Monday, June 12, 2017, 317 supplemental pages of a petition entitled: Referendum Petition on Ordinance No. 170255


Received And Filed

Ayes: 10 - Wagner, Fowler, Lucas, Reed, Shields, Justus, Barnes Jr., Canady, Taylor, McManus
Nays: 0

170443
COMMUNICATION - EMERGENCY REGULATION E42231


Received And Filed

Ayes: 10 - Wagner, Fowler, Lucas, Reed, Shields, Justus, Barnes Jr., Canady, Taylor, McManus
Nays: 0

170444
COMMUNICATION - Notice of Temporary Traffic Regulations Numbers 63731 Through 63756


Received And Filed

Ayes: 10 - Wagner, Fowler, Lucas, Reed, Shields, Justus, Barnes Jr., Canady, Taylor, McManus
Nays: 0

170445
COMMUNICATION - EMERGENCY REGULATIONS E42232-E42234


Received And Filed

Ayes: 10 - Wagner, Fowler, Lucas, Reed, Shields, Justus, Barnes Jr., Canady, Taylor, McManus
Nays: 0

170461
COMMUNICATION - According to Section 88-515-09 of the Zoning and Development Code, Protest Petitions, a formal protest petition must be submitted to the City Planning Development Director before a city council vote. For Ordinance No. 170398, owners of 55.68% of the surrounding property within 185 feet of the rezoning property have signed the petition. The petition is considered “valid” if 30% or more of the surrounding property owners sign the petition, therefore the petition is “valid”.


Received And Filed

Ayes: 10 - Wagner, Fowler, Lucas, Reed, Shields, Justus, Barnes Jr., Canady, Taylor, McManus
Nays: 0

170462
COMMUNICATION - According to Section 88-515-09 of the Zoning and Development Code, Protest Petitions, a formal protest petition must be submitted to the City Planning Development Director before a city council vote. For Ordinance No. 170407, owners of 26.18% of the surrounding property within 185 feet of the rezoning property have signed the petition. The petition is considered “valid” if 30% or more of the surrounding property owners sign the petition, therefore the petition is “Invalid”.


Received And Filed

Ayes: 10 - Wagner, Fowler, Lucas, Reed, Shields, Justus, Barnes Jr., Canady, Taylor, McManus
Nays: 0
 
 Councilmember Reed (Second by Fowler) Move to Waive Charter Requirement
Honorable Mayor, I move that the Charter requirement for reading of ordinances on three separate days be waived for the ordinances on today’s docket listed as “Committee Advances” and that these ordinances be advanced for final reading and consideration at this time.
 
Ayes: 9 - Wagner, Fowler, Lucas, Reed, Justus, Barnes Jr., Canady, Taylor, McManus
Nays: 0

170382
Appropriating $129,500.00 from the Unappropriated Fund Balance of the Neighborhood Tourist Development Fund to and authorizing contract with nonprofit organizations selected as part of the FY 2017-2018 2nd quarter cycle for the purpose of promoting neighborhoods through cultural, social, ethnic, historic, educational, and recreational activities.


Passed

Ayes: 9 - Wagner, Fowler, Lucas, Shields, Justus, Barnes Jr., Canady, Taylor, McManus
Nays: 0

170401
Authorizing the Director of Neighborhoods and Housing Services Department to enter into a contract with Legal Aid of Western Missouri in the amount of $693,764.00 for legal services.


Passed

Ayes: 10 - Wagner, Fowler, Lucas, Reed, Shields, Justus, Barnes Jr., Canady, Taylor, McManus
Nays: 0

170393
RESOLUTION - Amending the Midtown/Plaza Area Plan recommended land use map for property located at 919 W 44th Street, from Mixed Use Neighborhood to Mixed Use Community land use. (727-S-2)


Councilmember Taylor (Second by Reed) Move To Hold On Docket

Seconded by Councilmember Reed
Ayes: 8 - Wagner, Fowler, Lucas, Reed, Justus, Barnes Jr., Canady, McManus
Nays: 2 - Shields, Taylor


Held on Docket (6/29/2017)

Ayes: 8 - Wagner, Fowler, Lucas, Reed, Justus, Barnes Jr., Canady, McManus
Nays: 2 - Shields, Taylor

170397
Accepting the recommendations of the Tax Increment Financing Commission as to the Second Amendment to the 9th & Central Tax Increment Financing Plan; and approving the Second Amendment to the 9th & Central Tax Increment Financing Plan.


Passed

Ayes: 10 - Wagner, Fowler, Lucas, Reed, Shields, Justus, Barnes Jr., Canady, Taylor, McManus
Nays: 0

170398
Rezoning an area of approximately 0.43 acres generally located at the southeast corner of Belleview Avenue and W. 44th Street from District R-1.5 to Districts B2-2 and B1-2. (8254-P-7)


Held on Docket (6/29/2017)

170407
(Sub.)
Rezoning and approving a development plan on approximately 1.71 acres generally located at 331 Westport Road from District B3-2 to District B1-5, and approving a development plan, also serving as a preliminary plat, to allow creation of one lot and construction of multi-family units, retail commercial space, and associated parking. (12868-P-2 and 12868-P-3)


Passed as Substituted

Ayes: 8 - Fowler, Lucas, Reed, Justus, Barnes Jr., Canady, Taylor, McManus
Nays: 2 - Wagner, Shields

170432
RESOLUTION - Amending the Martin City Area Land Use Plan by changing the recommended land use on about 1.5 acres, in an area generally located at the west side of Holmes Road, approximately 530 feet south of E. Blue Ridge Boulevard from residential medium density to mixed-use neighborhood. (212-S-16)


Adopted

Ayes: 9 - Wagner, Fowler, Lucas, Reed, Justus, Barnes Jr., Canady, Taylor, McManus
Nays: 0

170434
RESOLUTION - Approving the Blue Ridge Area Plan as a guide for the future development, redevelopment, and public investment within the area generally bounded by 23rd Street Trafficway on the north, Independence and Raytown city limits on the east, 87th Street on the south and the Blue River and Interstate 435 Highway on the west; amending the Sports Complex Area Plan and Eastwood Hills Neighborhood Plan by deleting the portions of the plans covered by the Blue Ridge Area Plan; and repealing and replacing the Winchester Land Use and Development Plan, the 350 Highway/Blue Parkway Corridor Plan and the Eastgate Land Use and Development Plan. (746-S, 101-S-16, 734-S-3, 630-S-2, 667-S-2. 568-S-5)


Adopted

Ayes: 9 - Wagner, Fowler, Lucas, Reed, Justus, Barnes Jr., Canady, Taylor, McManus
Nays: 0
 
 Councilmember Reed (Second by Fowler) Move to Waive Charter Requirement
Honorable Mayor, I move that the Charter requirement for reading of ordinances on three separate days be waived for the ordinances on today’s docket listed as “Second Readings” and that they be placed on the docket next week for final reading.
 
Ayes: 9 - Wagner, Fowler, Lucas, Reed, Justus, Barnes Jr., Canady, Taylor, McManus
Nays: 0

170358
(Sub.)
Finding and determining the Emanuel Cleaver II Senior Living Facility at 7620 East 79th Street shall provide a public benefit to the City by meeting a demonstrated affordable housing need, providing housing for low-income persons and families, and leveraging tax credit funding from the State of Missouri; and authorizing one hundred percent, real property tax abatement for a period of twenty-five years, subject to payments-in-lieu of taxes as set forth herein, pursuant to Section 9 of Second Committee Substitute for Ordinance No. 160383, as amended.


Passed as Substituted

Ayes: 9 - Wagner, Fowler, Lucas, Reed, Justus, Barnes Jr., Canady, Taylor, McManus
Nays: 0

170360
Amending Chapter 88, Zoning and Development Code, through revisions, clarifications, and other administrative changes throughout the chapter in accordance with the Zoning & Development Code periodic review. (254-S-325)


Passed

Ayes: 9 - Wagner, Fowler, Lucas, Reed, Justus, Barnes Jr., Canady, Taylor, McManus
Nays: 0

170423
(Sub.)
Estimating and appropriating $253,411.99 in the Strategic Neighborhoods Fund from proceeds to be received from the LCRA; designating requisitioning authority; authorizing an amendment to a contract with the LCRA; and recognizing this ordinance as having an accelerated effective date.


Passed as Substituted

Ayes: 9 - Wagner, Fowler, Lucas, Reed, Justus, Barnes Jr., Canady, Taylor, McManus
Nays: 0

170424
Accepting and approving the recommendations of the Tax Increment Financing Commission of Kansas City as to the Third Amendment to the Antioch Crossing Tax Increment Financing Plan.


Passed

Ayes: 9 - Wagner, Fowler, Lucas, Reed, Justus, Barnes Jr., Canady, Taylor, McManus
Nays: 0

170426
Approving the petition to establish the Twin Creeks Center Community Improvement District; establishing the Twin Creeks Center Community Improvement, generally located at the northwest corner of N.W. Barry Road and U.S. Highway 169 in Clay County, Kansas City, Missouri; determining the Twin Creeks Center Community Improvement District to be a blighted area; determining that certain actions are reasonably anticipated to remediate blighting conditions and will serve a public purpose; requiring the annual submission of certain records; and directing the City Clerk to report the creation of the Twin Creeks Center Community Improvement District to the Missouri Department of Economic Development.


Passed

Ayes: 9 - Wagner, Fowler, Lucas, Reed, Justus, Barnes Jr., Canady, Taylor, McManus
Nays: 0

170431
Authorizing condemnation and taking of private property interests in fee simple for public use, in the vicinity of 63rd Street, between Euclid Avenue and Park Avenue, in Kansas City, Jackson County, Missouri; receiving evidence of blight, substandard and insanitary conditions; making a determination of economic and social blight; providing for the payment of just compensation therefore; authorizing continued negotiations by the City Planning and Development Department; consenting to the filing of the petition for condemnation by the City Attorney on behalf of the City; and authorizing the City Clerk to cause this ordinance to be recorded in the office of the Recorder of Deeds for Kansas City, Jackson County, Missouri.


Passed

Ayes: 9 - Wagner, Fowler, Lucas, Reed, Justus, Barnes Jr., Canady, Taylor, McManus
Nays: 0

170433
Estimating revenue and appropriating $1,117,642.00 in the HOME Investment Fund; authorizing the Director of Neighborhoods and Housing Services to execute contracts, financing agreements, and loan documents from the HOME Investment Fund with various entities for construction of affordable multi-family and single-family housing units; and recognizing this ordinance as having an accelerated effective date.


Passed

Ayes: 9 - Wagner, Fowler, Lucas, Reed, Justus, Barnes Jr., Canady, Taylor, McManus
Nays: 0

170435
Rezoning a 1.5 acre tract of land generally located on the west side of Holmes Road, approximately 530 feet south of E. Blue Ridge Boulevard, from District R-7.5 to District B1-1, and approving a development plan to allow for a commercial development. (4364-P-9 & 4364-P-10).


Passed

Ayes: 9 - Wagner, Fowler, Lucas, Reed, Justus, Barnes Jr., Canady, Taylor, McManus
Nays: 0

170422
Authorizing a License Agreement with Verizon Wireless (VAW) LLC to install and maintain a wireless digital data communications; and estimating revenue in the amount of $5,400.00 in the Pole Attachment Fees account.


Passed

Ayes: 9 - Wagner, Fowler, Lucas, Reed, Justus, Barnes Jr., Canady, Taylor, McManus
Nays: 0

170427
Authorizing a contract for approximately $3,624,000.00 with Superior Bowen for the resurfacing of various streets generally between the Missouri River and North City Limits; and recognizing this ordinance as having an accelerated effective date.


Passed

Ayes: 9 - Wagner, Fowler, Lucas, Reed, Justus, Barnes Jr., Canady, Taylor, McManus
Nays: 0

170428
(Sub.)
Authorizing a contract for approximately $3,340,000.00 with J.M. Fahey Construction for the resurfacing of various streets generally from the Missouri River south to Gregory; and recognizing this ordinance as having an accelerated effective date.


Passed as Substituted

Ayes: 9 - Wagner, Fowler, Lucas, Reed, Justus, Barnes Jr., Canady, Taylor, McManus
Nays: 0

170429
(Sub.)
Authorizing a contract for approximately $2,544,000.00 with J.M. Fahey Construction for the resurfacing of various streets generally from Gregory to south City Limits; and recognizing this ordinance as having an accelerated effective date.


Passed as Substituted

Ayes: 9 - Wagner, Fowler, Lucas, Reed, Justus, Barnes Jr., Canady, Taylor, McManus
Nays: 0

170430
Authorizing condemnation and taking of private property for public use for Street Right of Way purposes, Water Main Easements, and Temporary Construction Easements for the construction, location and maintenance of the Old Tiffany Springs Road and Donovan Drive, project number 89008153, from N. Congress Avenue to N. Skyview Avenue, in Kansas City, Platte County, Missouri; providing for the payment of just compensation therefore; authorizing continued negotiations and purchase by the Director of the Department of Public Works; authorizing the filing of the petition for condemnation by the City Attorney on behalf of the City; and directing the City Clerk to cause this ordinance to be recorded in the office of the Recorder of Deeds for Platte County, Missouri.


Assigned to Third Read Calendar

170437
Amending Chapter 70, Code of Ordinances, by repealing Section 70-38, Authority of director to make emergency and temporary regulations, and Section 70-532, Obedience to signs limiting parking time, and enacting in lieu thereof new sections of like numbers and subject matters related to requiring vehicle emergency flashers in certain parking zones.


Assigned to Third Read Calendar
 
 Councilmember Reed (Second by Fowler) Move to Waive Charter Requirement
Honorable Mayor, I move that the Charter requirement for reading ordinances on three separate days be waived for the ordinances on today’s docket listed as “First Readings” and that these ordinances be introduced as listed to the committee so designated.
 
Ayes: 9 - Wagner, Fowler, Lucas, Reed, Justus, Barnes Jr., Canady, Taylor, McManus
Nays: 0

170457
Authorizing the Director of General Services to execute a Lease Agreement with OTF KC LLC for portions of 320 E. 12th Street for use as a fitness center; appropriating $147,457.51 from the Unappropriated Fund Balance of the General Fund for interior improvements to be made by the City and the real estate leasing commission earned upon the execution of the Lease; and recognizing an accelerated effective date.


Referred to Finance and Governance Committee

170447
Authorizing the Fire Chief to enter into agreements with the jurisdictions listed below to provide fire department emergency services.


Referred to Neighborhoods and Public Safety Committee

170450
Authorizing the acceptance and approval of a one-year $150,000.00 grant award agreement with the Health Care Foundation of Greater Kansas City for the Aim4Peace program.


Referred to Neighborhoods and Public Safety Committee

170441
Approving the plat of Rezen Ranch, an addition in Clay County, Missouri, on approximately 18.94 acres generally located on the north side of N.E. 112th Street, approximately 1,600 feet east of N. Stark Avenue; creating 2 lots for the purpose of an existing home and construction of a new home; accepting various easements; establishing grades on public ways; authorizing the Director of City Planning and Development to execute and/or accept certain agreements; and directing the City Clerk to record this ordinance and attached documents. (SD1552A)


Referred to Planning, Zoning & Economic Development Committee

170442
Approving the Petition to establish the 1111 Grand Community Improvement District; establishing the 1111 Grand Community Improvement District generally located between 11th Street on the north, 12th Street on the south, and on the east side of Grand Boulevard 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, Zoning & Economic Development Committee

170456
Rezoning a 0.132 acre tract of land generally located on the south side of Union Avenue between Mulberry Street to the west and Santa Fe Street to the east from District M3-5 to District DX-7. (14815-P).


Referred to Planning, Zoning & Economic Development Committee

170459
Approving real property tax abatement for improvements on a portion of real property located at either 120 W. 12th Street within Enhanced Enterprise Zone 1, Kansas City, Missouri, and directing the City Clerk to provide a copy of this Ordinance to the Director of the Missouri Department of Economic Development.  


Referred to Planning, Zoning & Economic Development Committee

170449
Appropriating $150,000.00 from the Unappropriated Fund Balance of the Capital Improvements Fund to a Fiber Maintenance account.


Referred to Transportation & Infrastructure Committee

170451
Authorizing a $1,000,000.00 Design Professional Services Contract with Black and Veatch Corporation for the Turkey Creek/Central Industrial District (CID) Neighborhood Sewer Rehabilitation Project; and recognizing this ordinance as having an accelerated effective date.


Referred to Transportation & Infrastructure Committee

170452
Authorizing an $8,320,239.00 construction contract with Kissick Construction Company, Inc., for the Line Creek/Rock Creek Project Areas 1 and 2 Inflow and Infiltration (I/I) Reduction Project; authorizing a maximum expenditure of $9,100,000.00; authorizing a $500,000.00 Design Professional Services Amendment No. 2 to Contract No. 1121 with CH2M Hill Engineers, Inc., for the Line Creek/Rock Creek Project Area 2 I/I Reduction Project; and recognizing this ordinance as having an accelerated effective date.


Referred to Transportation & Infrastructure Committee

170453
Authorizing a $4,477,874.00 construction contract with Beemer Construction Company, Inc., for the 36-Inch Water Main Extension and Related Replacement N.E. Vivion Road and N. Chouteau Trafficway to N. Brighton Avenue Near N.E. 55th Street project; authorizing a maximum expenditure of $4,925,000.00; and recognizing this ordinance as having an accelerated effective date.


Referred to Transportation & Infrastructure Committee

170454
Authorizing the Director of Neighborhoods and Community Services Department to execute a $12,563,175.00 cooperative agreement with Linwood Boulevard Development, LLC, for construction and site improvements related to the Linwood Shopping Center Grocery Store; authorizing Linwood Boulevard Development to enter into construction and professional services contracts to complete the project; and recognizing this ordinance as having an accelerated effective date.


Referred to Transportation & Infrastructure Committee

170455
Authorizing the Director of Neighborhoods and Community Services Department to execute a $415,549.00 amendment to a cooperative agreement with Linwood Shopping Center Initiative, LLC (LSCI) for construction and rehabilitation services related to the Linwood Shopping Center; and recognizing this ordinance as having an accelerated effective date.


Referred to Transportation & Infrastructure Committee

170458
Authorizing certain actions related to the purchase of two streetcars for the Downtown Streetcar system; authorizing the Director of Finance to accept a proposal from Banc of America Public Capital Corp (“BAPCC”) to finance the acquisition of one streetcar; appropriating $250,000.00 from the Unappropriated Fund Balance of the Streetcar Fund to the Transfer to the Public Mass Transportation Fund; estimating revenue in that amount and appropriating the same to the Street Resurfacing account;  appropriating $21,800.00 from the Unappropriated Fund Balance of the Public Mass Transportation Fund to the Smart Kiosks account; estimating revenue in the amount of $192,000.00 in the Public Mass Transportation Fund; estimating revenue in the amount of $346,000.00 in the Streetcar Fund; appropriating that amount to the Streetcar Phase I account; appropriating $6,922,000.00 from the Unappropriated Fund Balance of the Streetcar Fund; estimating revenue in the amount of $5,010,000.00 in the Equipment Lease Capital Acquisition Fund; appropriating that amount to the Streetcar Phase I and Cost of Issuance accounts; authorizing the Director of Finance to close the project account;  declaring the City’s intent to reimburse itself from the lease proceeds; and recognizing this ordinance as having an accelerated effective date. 


Referred to Transportation & Infrastructure Committee

170460
Enacting a new Chapter 77, Article I in the Kansas City Municipal Code, to be known as the “Transportation Network Company Code”.


Referred to Transportation & Infrastructure Committee
 
 Councilmember Lucas Move To Introduce

170463
Authorizing amendments to the legal services agreements with Husch Blackwell LLP and Wilmer Cutler Pickering Hale and Dorr LLP for the provision of legal services related to the proposed terminal modernization project; reappropriating $475,000.00 from Aviation Account No. 8300-621000-610240 into Law Department Account No. 18-1000-131506; authorizing the City Attorney to expend this sum for this purpose; and recognizing this ordinance as having an accelerated effective date pursuant to Section 503(a)(3)(C) of the Charter.


Referred to Airport Committee
 
MISCELLANEOUS BUSINESS
 
 CLOSED SESSION Pursuant to §610.021of the Revised Statutes of Missouri, there may be a closed session to discuss: • legal matters, litigation or privileged communications with attorneys, pursuant to subsection (1); • real estate matters, where public knowledge of the transaction may affect the legal consideration, pursuant to subsection (2); • personnel matters, pursuant to subsections (3) and (13); • employee labor negotiations, pursuant to subsection (9); • specifications for competitive bidding, pursuant to subsection (11); and • sealed bids or proposals, pursuant to subsection (12). The City Clerk's Office now has equipment for the hearing impaired for use with every meeting. To check out the equipment please see the secretary for each committee. Be prepared to leave your Driver's License or State issued Identification Card with the secretary and she will give you the equipment. Upon returning the equipment your license will be returned.