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Last Published: 7/18/2017 8:15:24 AM
KANSAS CITY COUNCIL RECORD
 
Upon Roll Call the following members were present:
Presided:1 - SYLVESTER JAMES, JR.
Present:10 - SCOTT WAGNER, HEATHER HALL, TERESA LOAR, DAN FOWLER, QUINTON LUCAS, JERMAINE REED, KATHERYN SHIELDS, JOLIE JUSTUS, LEE BARNES JR., ALISSIA CANADY
Excused:2 - SCOTT TAYLOR, KEVIN MCMANUS
 

170446
RESOLUTION - Honoring Michael Duffy for his 28 years of dedicated service to the Land Clearance for Redevelopment Authority, the Economic Development Corporation and the City of Kansas City, Missouri.


Adopted

Ayes: 11 - Wagner, Hall, Loar, Fowler, Lucas, Reed, Shields, Justus, Barnes Jr., Canady, James, Jr.
Nays: 0

170519
RESOLUTION - Designating July, 2017 as Parks and Recreation Month in Kansas City, Missouri.


Adopted

Ayes: 9 - Wagner, Hall, Loar, Fowler, Lucas, Shields, Justus, Barnes Jr., James, Jr.
Nays: 0

170499
COMMUNICATION - Notice to the Mayor and City Council from the City Manager regarding the Requests for Expenditure of Funds. Staff has accepted no funding requests for the month of June, 2017.


Received And Filed

Ayes: 11 - Wagner, Hall, Loar, Fowler, Lucas, Reed, Shields, Justus, Barnes Jr., Canady, James, Jr.
Nays: 0

170500
COMMUNICATION - Notice received to the City Clerk regarding a Petition to establish the Valley View Community Improvement District.


Referred to Planning, Zoning & Economic Development Committee

Ayes: 11 - Wagner, Hall, Loar, Fowler, Lucas, Reed, Shields, Justus, Barnes Jr., Canady, James, Jr.
Nays: 0

170509
COMMUNICATION - Notice of Temporary Traffic Regulations Numbers 63757 Through 63815


Received And Filed

Ayes: 11 - Wagner, Hall, Loar, Fowler, Lucas, Reed, Shields, Justus, Barnes Jr., Canady, James, Jr.
Nays: 0

170510
COMMUNICATION - Notice of Intent to Acquire and Lease Property Pursuant to Redevelopment Contract Proposal submitted by Young Men's Christian Association of Greater Kansas City for the development of a public parking lot within the Linwood & Cleveland Urban Renewal Area.


Referred to Planning, Zoning & Economic Development Committee

Ayes: 11 - Wagner, Hall, Loar, Fowler, Lucas, Reed, Shields, Justus, Barnes Jr., Canady, James, Jr.
Nays: 0

170513
COMMUNICATION - Notice of Temporary Traffic Regulations Numbers 63816 Through 63846


Received And Filed

Ayes: 11 - Wagner, Hall, Loar, Fowler, Lucas, Reed, Shields, Justus, Barnes Jr., Canady, James, Jr.
Nays: 0

170522
COMMUNICATION - A Petition of Protect for Committee Substitute for Ordinance 170409 was received by the Director of City Planning and Development for this ordinance, pursuant to 88-515-09 of the Zoning and Development Code. The Code requires the owners of at least 30% of the property within 185 feet of the rezoning property to sign the petition for it to be valid, but owners of only 15.3% of the relevant property sign the petition. Therefore the petition is not “valid.”


Received And Filed

Ayes: 11 - Wagner, Hall, Loar, Fowler, Lucas, Reed, Shields, Justus, Barnes Jr., Canady, James, Jr.
Nays: 0
 
 Councilmember Fowler (Second by Shields) Move to Waive Charter Requirement
I move that the resolutions listed on today’s docket as “Resolutions for Same Day Adoption” be presented to Council for consideration for immediate adoption today.
 
Ayes: 11 - Wagner, Hall, Loar, Fowler, Lucas, Reed, Shields, Justus, Barnes Jr., Canady, James, Jr.
Nays: 0

170506
RESOLUTION - Appointing Kevin Ryan, Debby Allmon and Samuel Gromowsky as successor directors to the Waldo Community Improvement District.


Adopted

Ayes: 11 - Hall, Wagner, James, Jr., Canady, Barnes Jr., Justus, Shields, Reed, Lucas, Fowler, Loar
Nays: 0

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


Passed

Ayes: 11 - Wagner, Hall, Loar, Fowler, Lucas, Reed, Shields, Justus, Barnes Jr., Canady, James, Jr.
Nays: 0

170409
(Sub.)
Rezoning an area of approximately 1.5 acres generally located at the southwest corner of Westport Road and Holly Street, extending to the west side of Mercier Street, from District B3-2 to District MPD, and approving a development plan that allows for gasoline and fuel sales. (14730-MPD).


Councilmember Shields (Second by Justus) Move to Amend

Seconded by Councilmember Justus
Ayes: 11 - Wagner, Hall, Loar, Fowler, Lucas, Reed, Shields, Justus, Barnes Jr., Canady, James, Jr.
Nays: 0


Passed as Substituted and Amended

Ayes: 11 - Wagner, Hall, Loar, Fowler, Lucas, Reed, Shields, Justus, Barnes Jr., Canady, James, Jr.
Nays: 0

170488
RESOLUTION - Amending the Midtown Plaza Area Plan by amending the Proposed Land Use Plan and Map for an area of approximately 1.2 acres, generally located on the block bounded by Broadway, 45th Street, 45th Terrace and Wornall from high density residential to urban-density residential, to allow a multi-unit residential development. (611-S-8)


Passed

Ayes: 11 - Wagner, Hall, Loar, Fowler, Lucas, Reed, Shields, Justus, Barnes Jr., Canady, James, Jr.
Nays: 0

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


Passed

Ayes: 11 - Wagner, Hall, Loar, Fowler, Lucas, Reed, Shields, Justus, Barnes Jr., Canady, James, Jr.
Nays: 0

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.


Passed

Ayes: 11 - Wagner, Hall, Loar, Fowler, Lucas, Reed, Shields, Justus, Barnes Jr., Canady, James, Jr.
Nays: 0

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.


Passed

Ayes: 11 - Wagner, Hall, Loar, Fowler, Lucas, Reed, Shields, Justus, Barnes Jr., Canady, James, Jr.
Nays: 0
 
 Councilmember Wagner (Second by Hall) Move to Waive Charter Requirement
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: 11 - Wagner, Hall, Loar, Fowler, Lucas, Reed, Shields, Justus, Barnes Jr., Canady, James, Jr.
Nays: 0

170467
Approving and authorizing settlement of a lawsuit entitled Margie Pridgen, et al., v. City of Kansas City, Missouri, et al., Case No. 15CY-CV05034.


Passed

Ayes: 11 - Wagner, Hall, Loar, Fowler, Lucas, Reed, Shields, Justus, Barnes Jr., Canady, James, Jr.
Nays: 0

170472
Approving and authorizing settlement of a claim by Andrew and Neely Giangreco, Claim No. T1617-0890.


Passed

Ayes: 11 - Wagner, Hall, Loar, Fowler, Lucas, Reed, Shields, Justus, Barnes Jr., Canady, James, Jr.
Nays: 0

170497
(Sub.)
Authorizing the Director of Finance as part of the OneIT Initiative to execute a five year $3,101,961.71 Payment Plan Agreement with Key Government Finance, Inc. for Cisco SMARTnet and SMARTnet Onsite Services; estimating revenue in the amount of $620,392.34 in the Reimbursable Software Maintenance Account and appropriating $620,392.34 to the Reimbursable Maintenance Account; authoring the Director of General Services to expend such funds for Cisco SMARTnet and SMARTnet Onsite Services; authorizing the Manager of Procurement to execute amendments and a five-year extension to the City’s Piggy Back Contract with Alexander Open Systems, Inc.; and authorizing the Manager of Procurement Services to enter into and execute additional contracts and contract amendments with MBE/WBE goals established by the Director of Human Relations to provide Cisco products and services with such funds that are appropriated by the City Council in the annual budget.


Passed as Substituted

Ayes: 11 - Wagner, Hall, Loar, Fowler, Lucas, Reed, Shields, Justus, Barnes Jr., Canady, James, Jr.
Nays: 0

170489
(Sub.)
Rezoning a 1.2 acre tract of land generally located on the block bounded by 45th Street, 45th Terrace, Wornall Road and Broadway, excluding the northwest and southeast corners of the block, from District R-1.5 to R-0.75, and approving a development plan which also serves as a preliminary plat, to allow for a 70-unit multi-unit building residential development. (14669-P-1 and 14669-P-2)


Passed as Substituted

Ayes: 11 - Wagner, Hall, Loar, Fowler, Lucas, Reed, Shields, Justus, Barnes Jr., Canady, James, Jr.
Nays: 0

170493
Rezoning an area of approximately 0.2 acres generally located on the south side of Independence Avenue, between Norton Avenue on the east and Myrtle Avenue on the west, from District R-2.5 to District B1-2. (14492-P-1)


Passed

Ayes: 11 - Wagner, Hall, Loar, Fowler, Lucas, Reed, Shields, Justus, Barnes Jr., Canady, James, Jr.
Nays: 0

170494
Approving the preliminary plat of Stockyards Addition in District M3-5 on a 9 acre tract of land generally located on the north side of American Royal Drive, between Genessee Street on the east and State Line Road on the west, creating three (3) lots and one (1) tract. (SD 0953B)


Passed

Ayes: 11 - Wagner, Hall, Loar, Fowler, Lucas, Reed, Shields, Justus, Barnes Jr., Canady, James, Jr.
Nays: 0

170495
Rezoning an area of approximately 2.5 acres generally located at the northwest corner of American Royal Drive and Genessee Street, from District M3-5 to District UR, and approving a development plan that allows for mixed use building development (236 units and 5,500 square feet commercial). (14725-UR).


Passed

Ayes: 11 - Wagner, Hall, Loar, Fowler, Lucas, Reed, Shields, Justus, Barnes Jr., Canady, James, Jr.
Nays: 0

170496
(Sub.)
Rezoning a 29 acre tract of land generally located north of Emanuel Cleaver II Boulevard, east of Oak Street, south of 44th Street and west of Kenwood Avenue, generally known as the Nelson-Atkins Museum of Art campus, from Districts R-5 and R-6 to District MPD, and approving a preliminary development plan to permit existing museum and administrative office uses in existing buildings and outdoor sculpture gardens. (12557-MPD-2)


Passed as Substituted

Ayes: 11 - Wagner, Hall, Loar, Fowler, Lucas, Reed, Shields, Justus, Barnes Jr., Canady, James, Jr.
Nays: 0

170460
(Sub.)
Amending Chapter 76, Article II, Vehicles for Hire Code, by repealing Sections 76-32, 76-33, 76-40, 76-45, 76-46, 76-47, 76-48, 76-49, 76-50, 76-51, 76-75, 76-76, 76-79, 76-101, 76-102, 76-103, 76-108, 76-109, 76-116, 76-141, 76-161, 76-162, 76-163, 76-164, 76-231, 76-233, 76-234, 76-235, 76-236, 76-238, 76-239, 76-240, 76-243, and 76-246, and enacting in lieu thereof new sections that regulate taxicab vehicles, livery vehicles and enacting a new Chapter 77 in the Kansas City Municipal Code, to be known as the “Transportation Network Company Code”.


Passed as Substituted

Ayes: 9 - Wagner, Hall, Loar, Lucas, Reed, Shields, Justus, Barnes Jr., Canady
Nays: 2 - Fowler, James, Jr.

170471
Authorizing an amendment to the License Agreement with Selective Site Consultant, Inc. to install and maintain poles to provide wireless digital data communications.


Passed

Ayes: 11 - Wagner, Hall, Loar, Fowler, Lucas, Reed, Shields, Justus, Barnes Jr., Canady, James, Jr.
Nays: 0
 
 Councilmember Loar (Second by Taylor) Move to Waive Charter Requirement
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 third reading.
 
Ayes: 11 - Wagner, Hall, Loar, Fowler, Lucas, Reed, Shields, Justus, Barnes Jr., Canady, James, Jr.
Nays: 0

170484
RESOLUTION - Reaffirming Kansas City’s commitment to take action to reduce greenhouse gas emissions and mitigate the impacts of climate change notwithstanding any withdrawal by the United States from the Paris Climate Agreement and directing the City Clerk to transmit copies of this resolution to other local, state, and national leaders.


Assigned to Third Read Calendar

170473
Approving the plat of Pendleton Artsblock, an addition in Jackson County, Missouri, on approximately 0.53 acres generally located between Park Avenue and Olive Street and north of Independence Boulevard, creating 2 lots for the purpose of constructing a four-story building with ground floor commercial uses and 38 residential units; 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. (SD1560)


Add to Consent Docket

170474
Approving the plat of Pine Grove Pointe 3rd Plat, an addition in Clay County, Missouri, on approximately 10.29 acres generally located north of N.E. Pine Grove Drive and east of N. Lawn Avenue, creating 33 lots and 1 tract for the purpose of constructing 33 single family homes; 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. (SD0841I)


Add to Consent Docket

170475
Approving the plat of Forest Ridge Estates Second Plat, an addition in Platte County, Missouri, on approximately 7.04 acres generally located on either side of N. Cosby Avenue, at approximately N. Cosby Court and N.W. 59th Terrace, creating 15 lots for the purpose of constructing 15 single family homes and 1 tract reserved for future development; 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. (SD1162D)


Add to Consent Docket

170486
RESOLUTION - Amending the Proposed Land Use Plan within the Midtown/Plaza Area Plan by changing the recommended land use on a 4.1 acre tract of land generally located east of Mill Street, north of Westport Road, and west of Pennsylvania Avenue from Mixed Use Community to Commercial. (132-S-46)


Assigned to Third Read Calendar

170487
(Sub.)
Rezoning approximately 4.1 acres generally located east of Mill Street, north of Westport Road, and west of Pennsylvania Avenue from Districts M1-5, UR, and B3-2 to District MPD, and approving an MPD preliminary development plan (also serving as the preliminary plat, and vacating a portion of Mill Street right-of-way) to allow construction of 215 multi-family units, a 120 room hotel, and retail and office space. (10134-MPD-5)


Assigned Third Read Calendar as Substituted

170491
(Sub.)
Approving various Traffic Regulations in compliance with Chapter 70 of the Code of Ordinances.


Assigned Third Read Calendar as Substituted
 
 Councilmember Wagner (Second by Reed) Move to Waive Charter Requirement
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: 11 - Wagner, Hall, Loar, Fowler, Lucas, Reed, Shields, Justus, Barnes Jr., Canady, James, Jr.
Nays: 0

170507
Authorizing the Manager of Procurement Services to execute a nine month term and supply contract with Penmac Staffing Services, Inc. for temporary staffing services; and authorizing the Manager of Procurement Services to amend the contract and exercise five (5) one-year renewal options.


Referred to Finance and Governance Committee

170511
Amending Chapter 2, Article XI, Division 5, Code of Ordinances, by repealing Sections 2-1721 and 2-1722 and enacting in lieu thereof new Sections 2-1721 and 2-1722, and also amending Chapter 56, Article V, Code of Ordinances, by repealing Section 56-541 and enacting in lieu thereof a new Section 56-541 to revise the procedure for payment of special assessments for dangerous buildings.


Referred to Finance and Governance Committee

170514
Approving and authorizing settlement of a lawsuit entitled Marissa Hermsen v. City of Kansas City, Missouri et al, Case No. 14-CV-01096.


Referred to Finance and Governance Committee

170517
Authorizing the Director of Finance to create in the records of the City the Central City Economic Development Sales Tax Fund.


Referred to Finance and Governance Committee

170518
Authorizing the Director of Finance to borrow $15,241,653.25 from the Water Fund to provide local matching funds for two flood control projects being constructed by the United States Army Corps of Engineers (“Corps”) pursuant to two Project Cooperation Agreements (“PCA”); establishing Fund No. 3320, the 2017 Flood Control Fund; appropriating $15,241,653.25 from the Unappropriated Fund Balance of Fund No. 8010, the Water Fund; estimating revenues and appropriating $15,241,653.25 in Fund No. 3320, the 2017 Flood Control Fund; designating requisitioning authority; declaring the intent of the City to reimburse itself from general obligation bond proceeds for certain expenditures; authorizing the Director of Finance to close project accounts; and recognizing this ordinance as having an accelerated effective date.


Referred to Finance and Governance Committee

170503
Estimating and appropriating $18,364.00 in the Governmental Grants Fund; and accepting and approving two one-year contracts in the amounts of $61,000.00 and $118,000.00 with the Missouri Department of Health and Senior Services to provide funding for children with special health care needs.


Referred to N&PS and Housing Joint Committee

170504
Accepting and approving a $2,275,320.00 amendment to the one-year grant award agreement from the U.S. Department of Health and Human Services to provide additional funding for the Ryan White Part A and Minority AIDS Initiative services.


Referred to N&PS and Housing Joint Committee

170515
Accepting and approving a one-year $370,180.00 grant award from the U.S. Department of Housing and Urban Development under the SHELTER PLUS CARE program for homeless services in the Kansas City area.


Referred to N&PS and Housing Joint Committee

170520
Rezoning a 40 acre tract of land generally located at the southwest corner of N.E. 96th Street and N. Brighton Avenue, from District R-80 to District R-7.5, and approving a preliminary plat to allow for 43 single family lots and 6 tracts. (11593-P-11 and SD 0924H)


Referred to Planning, Zoning & Economic Development Committee

170521
Approving the preliminary plat of Rice Estates in Districts R-7.5 and MPD, on about 4 acres generally located at the southeast corner of E. 58th Street and Crystal Avenue, creating four (4) lots. (SD 1544)


Referred to Planning, Zoning & Economic Development Committee

170501
Estimating revenue in the amount of $1,473,288.00 in the Capital Improvements Fund; appropriating that amount to the NE 155th Street account; and recognizing this ordinance as having an accelerated effective date.


Referred to Transportation & Infrastructure Committee

170502
Estimating revenue in the amount of $211,911.00 in the Capital Improvements Fund; appropriating that amount to the Barry Road & Potomac Streetlights account; and recognizing this ordinance as having an accelerated effective date.


Referred to Transportation & Infrastructure Committee

170505
Authorizing the Director of the Water Services Department to enter into an Option Agreement with Midway Auto Realty, LLC, in an amount not to exceed $2,500,000.00 and to execute ancillary documents all related to the real property acquisition of 950 N. Century Avenue.


Referred to Transportation & Infrastructure Committee

170512
Authorizing the Director of Water Services to execute a Memorandum of Agreement with the U.S. Army Corps of Engineers for the construction of a waterline relocation associated with the Missouri Interceptor of the Turkey Creek Flood Control Project; authorizing the Director of Water Services to expend the sum of $120,000.00 for the construction; and authorizing the Director of Finance to return unexpended appropriations to the appropriate account.


Referred to Transportation & Infrastructure Committee

170516
RESOLUTION - Expressing the Public Works Department’s commitment to a sidewalk program that utilizes general obligation bond funds in a way that maximizes neighborhood mobility and connectivity.


Referred to Transportation & Infrastructure Committee
 
 Councilmember Justus Move To Introduce

170523
Calling an election to be held on November 7, 2017, to submit to the qualified voters of the City the questions of whether to authorize the construction of a new passenger terminal at the Kansas City International Airport (“KCI”) and the demolition of the existing KCI terminals as necessary, without creating any general obligation indebtedness or requiring a tax increase; directing the City Clerk to notify the responsible election authorities of the election no later than August 29, 2017; and recognizing this ordinance as having an accelerated effective date.


Referred to Airport & Finance and Governance Joint
 
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.