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Last Published: 7/1/2011 10:16:51 AM
KANSAS CITY COUNCIL RECORD
 
Upon Roll Call the following members were present:
Presided:1 - SYLVESTER JAMES, JR.
Present:11 - SCOTT WAGNER, ED FORD, RUSS JOHNSON, MELBA CURLS, JERMAINE REED, JIM GLOVER, JAN MARCASON, CINDY CIRCO, MICHAEL BROOKS, SCOTT TAYLOR, JOHN SHARP
Out:1 - DICK DAVIS
 

110503
RESOLUTION - Declaring July, 2011, as Parks and Recreation Month.


Adopted

Ayes: 12 - Wagner, Ford, Johnson, Curls, Reed, Glover, Marcason, Circo, Brooks, Taylor, Sharp, James, Jr.
Nays: 0

110505
RESOLUTION - Honoring the Kansas City, Missouri Fire Department and the Kansas City, Missouri Police Department on their exemplary performance in helping Joplin, Missouri in their time of need.


Adopted

Ayes: 12 - Wagner, Ford, Johnson, Curls, Reed, Glover, Marcason, Circo, Brooks, Taylor, Sharp, James, Jr.
Nays: 0

110498
COMMUNICATION - EMERGENCY REGULATIONS E41195-E41196


Received And Filed

Ayes: 12 - Wagner, Ford, Johnson, Curls, Reed, Glover, Marcason, Circo, Brooks, Taylor, Sharp, James, Jr.
Nays: 0

110509
COMMUNICATION - EMERGENCY REGULATION E41197


Received And Filed

Ayes: 12 - Wagner, Ford, Johnson, Curls, Reed, Glover, Marcason, Circo, Brooks, Taylor, Sharp, James, Jr.
Nays: 0

110511
COMMUNICATION - Notice received from the Committee of Petitioners of the Initiative regarding Production of nuclear weapons components prohibited requesting the Council to submit the proposed ordinance to the electors on November 8, 2011.


Received And Filed

Ayes: 12 - Wagner, Ford, Johnson, Curls, Reed, Glover, Marcason, Circo, Brooks, Taylor, Sharp, James, Jr.
Nays: 0

110518
COMMUNICATION - Notice to the City Clerk from the Cass County Missouri Clerk regarding the 2011 Aggregate Assessed Valuation for the City of Kansas City, Mo. (1st Report)


Received And Filed

Ayes: 12 - Wagner, Ford, Johnson, Curls, Reed, Glover, Marcason, Circo, Brooks, Taylor, Sharp, James, Jr.
Nays: 0

110434
RESOLUTION - Amending the 2010 One Year Action Plan and authorizing submission of a Substantial Amendment to the U.S. Department of Housing and Urban Development for its consideration in order to reallocate funding from one proposed activity to a new activity.


Adopted

Ayes: 12 - Wagner, Ford, Johnson, Curls, Reed, Glover, Marcason, Circo, Brooks, Taylor, Sharp, James, Jr.
Nays: 0

110446
RESOLUTION - Amending the 2011 One Year Action Plan and authorizing submission of a Substantial Amendment to the U.S. Department of Housing and Urban Development for its consideration in order to receive funding under the Community Development Block Grant, HOME Investment Partnerships, Emergency Shelter Grant, and Housing Opportunities for Persons with AIDS Programs.


Adopted

Ayes: 12 - Wagner, Ford, Johnson, Curls, Reed, Glover, Marcason, Circo, Brooks, Taylor, Sharp, James, Jr.
Nays: 0

110514
RESOLUTION - Directing the City Manager to propose no more than three redistricting maps to the Mayor and City Council no later than October 15, 2011.


Councilmember Ford Move to Refer to

Seconded by Councilmember Sharp
Ayes: 12 - Wagner, Ford, Johnson, Curls, Reed, Glover, Marcason, Circo, Brooks, Taylor, Sharp, James, Jr.
Nays: 0


Referred to Planning, Zoning & Economic Development Committee

110454
Amending Chapter 62, Code of Ordinances, by repealing Subsection (g) of Section 62-45, and enacting in lieu thereof a new Subsection (g) for the purpose of allowing residents to dispose of leaves and brush without charge once per week on a day to be designated by the Director of Public Works.


Passed

Ayes: 12 - Wagner, Ford, Johnson, Curls, Reed, Glover, Marcason, Circo, Brooks, Taylor, Sharp, James, Jr.
Nays: 0
 
 Councilmember Marcason Move to Waive Charter Requirement
I MOVE THAT THE CHARTER REQUIREMENTS FOR READING OF ORDINANCE NO(S): ADVANCE CONSENTS: 1. 110475 2. 110457 3. 110458 ADVANCE DEBATES: 1. 110448 4. 110481 7. 110483 10. 110490 13. 110494 2. 110461 (sub) 5. 110477 8. 110485 11. 110492 14. 110497 (sub) 3. 110480 6. 110482 9. 110487 12. 110493 ON THREE SEPARATE DAYS BE WAIVED AND THAT THESE ORDINANCES BE ADVANCED FOR FINAL READING AND CONSIDERATION AT THIS TIME.
 
Ayes: 12 - Wagner, Ford, Johnson, Curls, Reed, Glover, Marcason, Circo, Brooks, Taylor, Sharp, James, Jr.
Nays: 0

110475
Approving and authorizing settlement of the lawsuit styled Jadene Rusconi and Jim Rusconi v. City of Kansas City, Missouri, Case No. 1016-CV209432.


Passed

Ayes: 12 - Wagner, Ford, Johnson, Curls, Reed, Glover, Marcason, Circo, Brooks, Taylor, Sharp, James, Jr.
Nays: 0

110457
Repealing Ordinance No. 100230, which purported to partially release eight easements in Platte County, Missouri; and directing the City Clerk to record the Ordinance.


Passed

Ayes: 12 - Wagner, Ford, Johnson, Curls, Reed, Glover, Marcason, Circo, Brooks, Taylor, Sharp, James, Jr.
Nays: 0

110458
Releasing various easements in Jackson County, Missouri, and directing the City Clerk to record the documents.


Passed

Ayes: 12 - Wagner, Ford, Johnson, Curls, Reed, Glover, Marcason, Circo, Brooks, Taylor, Sharp, James, Jr.
Nays: 0

110448
Approving a Council Approved Signage Plan for the Brywood Shopping Center on approximately 25.68 acres generally located at the northeast corner of Blue Parkway and E. 63rd Street in District UR. (6141-UR-11)


Passed

Ayes: 12 - Wagner, Ford, Johnson, Curls, Reed, Glover, Marcason, Circo, Brooks, Taylor, Sharp, James, Jr.
Nays: 0

110461
(Sub.)
Authorizing the Director of Neighborhood and Community Services to enter into contracts with various non-profit organizations for up to $1,355,625.00 to provide child care services, housing counseling, homeless planning, homeless services, and youth services.


Passed as Substituted

Ayes: 12 - Wagner, Ford, Johnson, Curls, Reed, Glover, Marcason, Circo, Brooks, Taylor, Sharp, James, Jr.
Nays: 0

110480
Appropriating $975,000.00 from the Unappropriated Fund Balance of the Public Safety Sales Tax Fund to Project No. 07000150 Police Headquarter Renovation; authorizing a $975,000.00 Amendment No. 1 to an agreement with Helix Architecture + Design for Project No. 07000150 – Police Headquarters Renovation; and recognizing an emergency.


Passed

Ayes: 12 - Wagner, Ford, Johnson, Curls, Reed, Glover, Marcason, Circo, Brooks, Taylor, Sharp, James, Jr.
Nays: 0

110481
Appropriating $1,375,465.00 from the Unappropriated Fund Balance of the Public Safety Sales Tax Fund to Project No. 07000168 – Kansas City Police Department East Patrol Campus Master Plan; authorizing a $1,375,465.00 contract with Helix Architecture + Design for Project No. 07000168 – Kansas City Police Department East Patrol Campus Master Plan; and recognizing an emergency.


Passed

Ayes: 12 - Wagner, Ford, Johnson, Curls, Reed, Glover, Marcason, Circo, Brooks, Taylor, Sharp, James, Jr.
Nays: 0

110477
Appropriating funds in the amount of $210,869.37 in the General Fund for several Brownfield grants received from the U.S. Environmental Protection Agency; and estimating revenues in the amount of $297,954.00 in the General Fund for the same grants.


Passed

Ayes: 12 - Wagner, Ford, Johnson, Curls, Reed, Glover, Marcason, Circo, Brooks, Taylor, Sharp, James, Jr.
Nays: 0

110482
Releasing a permanent easement for waterline improvements and appurtenances in Clay County, Missouri and directing the City Clerk to record this ordinance in the Office of the Recorder of Deeds for Clay County, Missouri.


Passed

Ayes: 12 - Wagner, Ford, Johnson, Curls, Reed, Glover, Marcason, Circo, Brooks, Taylor, Sharp, James, Jr.
Nays: 0

110483
Authorizing the Director of Water Services to execute a Cost Share Agreement for Planning Assistance between the U.S. Army Corps of Engineers and the City of Kansas City, Missouri for the Line Creek Watershed Study; reducing appropriations in the amount of $100,000.00 from the Capital Improvements Fund; appropriating $100,000.00 from the Unappropriated Capital Improvements Fund; authorizing the Director of Water Services to expend $100,000.00 for the agreement; and recognizing an emergency.


Passed

Ayes: 12 - Wagner, Ford, Johnson, Curls, Reed, Glover, Marcason, Circo, Brooks, Taylor, Sharp, James, Jr.
Nays: 0

110485
Authorizing the Director of Public Works to enter into an agreement with the 3-Trails Village Community Improvement District for the design of a segment of Bannister Trail.


Passed

Ayes: 12 - Wagner, Ford, Johnson, Curls, Reed, Glover, Marcason, Circo, Brooks, Taylor, Sharp, James, Jr.
Nays: 0

110487
Estimating and appropriating $2,881,250.00 in the 2011B GO Bond Fund from the anticipated sale of general obligation bonds; authorizing a $2,305,000.00 contract with J.M. Fahey/TranSystems for Project No. 89008217, Troost Avenue - 89th Street to Bannister Road; authorizing the Director of Public Works to expend $2,881,250.00 for the project; declaring the City’s intention to reimburse itself from bond proceeds for bond related expenditures; and recognizing an emergency.


Passed

Ayes: 12 - Wagner, Ford, Johnson, Curls, Reed, Glover, Marcason, Circo, Brooks, Taylor, Sharp, James, Jr.
Nays: 0

110490
Authorizing the Director of Public Works to execute agreements with the Missouri Highway and Transportation Commission for various trail projects; estimating revenues; and appropriating funds in the Capital Improvements Fund.


Passed

Ayes: 12 - Wagner, Ford, Johnson, Curls, Reed, Glover, Marcason, Circo, Brooks, Taylor, Sharp, James, Jr.
Nays: 0

110492
Estimating and appropriating $1,183,500.00 in the 2011B GO Bond Fund from the anticipated sale of general obligation bonds; authorizing a $978,800.00 contract with Mega Industries/Walter P. Moore for Project No. 89008214, Wornall Road - Blue Ridge Boulevard to 135th Street; authorizing the Director of Public Works to expend $1,223,500.00 for the project; declaring the City’s intention to reimburse itself from bond proceeds for bond related expenditures; and recognizing an emergency.


Passed

Ayes: 12 - Wagner, Ford, Johnson, Curls, Reed, Glover, Marcason, Circo, Brooks, Taylor, Sharp, James, Jr.
Nays: 0

110493
Estimating and appropriating $422,668.50 in the 2011B GO Bond Fund from the anticipated sale of general obligation bonds; designating requisitioning authority; authorizing a $2,370,134.80 contract with Pyramid/Cook, Flatt & Strobel for Design Build services for Project No. 89008211 – Design Build – N Oak Tfwy. - NE 42nd St. to N Indianola; authorizing the Director of Public Works to expend $2,962,668.50 for the project; declaring the City’s intention to reimburse itself from bond proceeds for bond related expenditures; and recognizing an emergency.


Passed

Ayes: 12 - Wagner, Ford, Johnson, Curls, Reed, Glover, Marcason, Circo, Brooks, Taylor, Sharp, James, Jr.
Nays: 0

110494
Estimating and appropriating $ 4,930,971.51 in the 2011B GO Bond Fund from the anticipated sale of general obligation bonds; authorizing a $3,976,777.21 contract with J.M. Fahey/TranSystems for Project No. 89008209, 63rd St - Chestnut Ave. to Jackson Ave.; authorizing the Director of Public Works to expend $ 4,970,971.51 for the project; declaring the City’s intention to reimburse itself from bond proceeds for bond related expenditures; and recognizing an emergency.


Passed

Ayes: 12 - Wagner, Ford, Johnson, Curls, Reed, Glover, Marcason, Circo, Brooks, Taylor, Sharp, James, Jr.
Nays: 0

110497
(Sub.)
Reducing appropriations in the GO Bond Series 2007A Fund in the amount of $1,278,551.49 and appropriating this sum to Project No. 89008149 North Pleasant Avenue; designating requisitioning authority; authorizing a $1,094,137.72 contract with Trinity Excavating, Inc., for the project; authorizing the Director of Capital Projects Department to amend and increase this contract by up to $109,413.77; authorizing the Director of Capital Projects Department to expend $1,278,551.49 for the contract; and recognizing an emergency.


Passed as Substituted

Ayes: 12 - Wagner, Ford, Johnson, Curls, Reed, Glover, Marcason, Circo, Brooks, Taylor, Sharp, James, Jr.
Nays: 0
 
 Councilmember Circo 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 7 OF TODAY’S DOCKET AND THAT THESE ORDINANCES BE PLACED ON THE DOCKET NEXT WEEK FOR THIRD READING.
 
Ayes: 12 - Wagner, Ford, Johnson, Curls, Reed, Glover, Marcason, Circo, Brooks, Taylor, Sharp, James, Jr.
Nays: 0

110474
Approving and authorizing settlement of the lawsuit styled Laverne Collins-Williams v. City of Kansas City, Missouri, Case No. 1016-CV26034.


Add to Consent Docket

110491
Appropriating $2,000,000.00 from the Contingent Appropriation and transferring it to the Legal Expense Fund.


Assigned to Third Read Calendar

110479
Amending Chapter 14, Code of Ordinances, by repealing Section 14-15, Keeping of small animals and fowl in pens, and enacting in lieu thereof one new section of like number and subject matter pertaining to keeping of small animals and fowl in pens.


Assigned to Third Read Calendar
 
 Councilmember Circo 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 8-10 OF TODAY’S DOCKET AND THAT THESE ORDINANCES BE INTRODUCED AS LISTED TO THE COMMITTEE SO DESIGNATED.
 
Ayes: 12 - Wagner, Ford, Johnson, Curls, Reed, Glover, Marcason, Circo, Brooks, Taylor, Sharp, James, Jr.
Nays: 0

110504
Transferring appropriations of $2,051,706.21 in the KCMAC 04A, Bartle Hall Expansion Fund; and designating requisitioning authority;


Referred to Finance, Governance & Ethics Committee

110506
Approving contracts with various agencies in the total amount of $91,599.00 for the events and projects from the Neighborhood Tourist Development Fund.


Referred to Finance, Governance & Ethics Committee

110517
Authorizing a $2,000,000.00 agreement with the Jackson County Sports Complex Authority to be used in connection with the Harry S. Truman Sports Complex.


Referred to Finance, Governance & Ethics Committee

110507
Authorizing the Director of Parks and Recreation to execute a cooperative agreement with the Missouri Department of Transportation for use of Transportation Enhancement grant funds for the Blue River Trolley Track Trail Connector; estimating revenue and appropriating $500,000.00 to the Capital Improvements Fund for the Trolley Track Trail grant; reducing appropriations in the amount of $251,140.00 from Project No. 89020122 from the Capital Improvements Fund; appropriating it to Project Nos. 70121306 and 70061303; and designating requisitioning authority.


Referred to Neighborhoods & Healthy Communities Committee

110510
Authorizing the Director of Neighborhood and Community Services to enter into a contract with Legal Aid of Western Missouri in the amount of $130,095.00 to provide certain legal services.


Referred to Neighborhoods & Healthy Communities Committee

110512
Accepting and approving a one-year $350,172.00 grant award and agreement with the U.S. Department of Housing and Urban Development to provide funding that assists homeless men, women and children; and recognizing an emergency.


Referred to Neighborhoods & Healthy Communities Committee

110516
Approving the plat of Barry Brooke – Second 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. (SD1261A)


Referred to Planning, Zoning & Economic Development Committee

110499
RESOLUTION - Authorizing the Mayor to submit a grant application under the Victims of Crime Act (VOCA) of 1984 to the State of Missouri’s Department of Public Safety, in the amount of $57,440.88 with a match of funds from the City of $11,488.18 for a part-time child abuse victim assistant position in the Domestic Violence Victim Assistance Program in the City Prosecutor’s Office.


Referred to Public Safety & Emergency Services Committee

110500
Accepting a two year $111,260.36 State Services to Victims Grant from the Missouri Department of Public Safety.


Referred to Public Safety & Emergency Services Committee

110501
Reducing appropriations in the amount of $100,000.00 from Project No. 64011008 in the Capital Improvements Fund; appropriating it to Project No. 70122202; and designating requisitioning authority.


Referred to Transportation & Infrastructure Committee

110502
Authorizing the Director of Water Services Department to enter into a $1,839,313.00 contract with Foley Company for Contract No. 1027, Project No. 81000561, Todd Creek WWTP Effluent Disinfection; authorizing expenditures of $2,023,244.00 from previously appropriated funds; and authorizing the Director of Finance to return unexpended appropriations to the appropriate account.


Referred to Transportation & Infrastructure Committee

110508
Estimating revenue in the amount of $2,300,000.00 in the ARRA Stimulus Fund; appropriating $2,300,000.00 from the Unappropriated Fund Balance of the ARRA Stimulus Fund; authorizing a $367,504.27 contract with HNTB Corporation for Project No. 89045467 - Troost Avenue Bridge – North Pedestrian Improvements (TIGER); and recognizing an emergency.


Referred to Transportation & Infrastructure Committee

110513
Authorizing a $49,024.00 Amendment No. 1 to an agreement with H. W. Lochner, Inc., for engineering design services for Project No. 89005520 - Woodswether Rd Viaduct Over Burlington Northern and Project No. 89005521 - Woodswether Rd Viaduct Over UPRR.


Referred to Transportation & Infrastructure Committee

110515
Authorizing acceptance of a grant from, and a contract with, the U.S. Equal Employment Opportunity Commission for the purpose of investigating discrimination in employment complaints; estimating and appropriating revenue; and designating requisitioning authority.


Referred to Transportation & Infrastructure Committee

110519
Reducing appropriations in the Capital Improvements Fund in the amount of $837,208.55; appropriating $2,612,498.94 from the Unappropriated Fund Balance of the Capital Improvements Fund to various accounts in the Capital Improvements Fund; designating requisitioning authority; and recognizing an emergency.


Referred to Transportation & Infrastructure Committee

110520
Declaring certain real property surplus to the City’s needs; authorizing the Director of Capital Projects Department to offer for sale the property located at 5000 NE Vivion Road, all in Kansas City, Clay County, Missouri; dedicating a portion of said property for public right of way as part of N. Brighton Avenue; and directing the City Clerk to record this ordinance in the recorder's office of Clay County, Missouri.


Referred to Transportation & Infrastructure Committee
 
 Councilmember Ford Move To Introduce
 
Ayes: 12 - Wagner, Ford, Johnson, Curls, Reed, Glover, Marcason, Circo, Brooks, Taylor, Sharp, James, Jr.
Nays: 0

110521
Amending Committee Substitute for Ordinance No. 100444, which approved certain contracts for the North Oak Corridor Streetscape Project, by repealing a subsection of that ordinance to correct a typographical error; repealing Committee Substitute for Ordinance No. 1000029; and authorizing the Director of City Development to authorize time extensions for the project.


Councilmember Ford Move to Advance

Seconded by Councilmember Sharp
Ayes: 12 - Wagner, Ford, Johnson, Curls, Reed, Glover, Marcason, Circo, Brooks, Taylor, Sharp, James, Jr.
Nays: 0


Passed

Ayes: 12 - Wagner, Ford, Johnson, Curls, Reed, Glover, Marcason, Circo, Brooks, Taylor, Sharp, James, Jr.
Nays: 0
 
MISCELLANEOUS BUSINESS
 
 Previously Enacted Ordinance to be Reconsidered Under Charter Section 711 because of Submitted Referendum Petitions

110194
(Sub.)
Rezoning an area of approximately 2.39 acres generally located on the east side of Broadway between W. 46th Terrace and W. 47th Street from Districts R-5 and C-3a2 to District C-3a2-p, and approving a preliminary development plan for the same; establishing a conditional effective date for the rezoning. (14131-P-1)


Re-Referred Planning, Zoning & Economic Development Committee
 
 CLOSED SESSION Closed Session/Litigation Item(s)* Closed Session/Legal Issue(s)** Closed Session/Personnel Issue(s)*** Closed Session/Real Estate Transaction(s)Closed Session/Employee/Labor Negotiation Item(s)***** *Litigation Item(s) may be discussed in a closed session pursuant to §610.021(1) RSMo. because it relates to legal action, causes of actions, or litigation. **Legal Issue(s) will be discussed in closed session pursuant to §610.021(1) RSMo because it relates to confidential and privileged communications between City Council and its attorneys. ***Personnel Issue(s) will be discussed in closed session pursuant to §610.021(3) RSMo because it relates to personnel matter. ****Real estate transaction(s) may be discussed pursuant to Sec. 610.021(2), RSMo. because public knowledge of the transaction(s) at this time might adversely affect the legal consideration therefor. *****Employee/Labor negotiation item(s) may be discussed in a closed session pursuant to §610.021(9) RSMo. because it relates to preparation for negotiations with employee groups.