Last Published: 2/13/2012 10:33:24 AM
KANSAS CITY COUNCIL RECORD
 
Upon Roll Call the following members were present:
Presided:1 - SYLVESTER JAMES, JR.
Present:11 - SCOTT WAGNER, DICK DAVIS, ED FORD, RUSS JOHNSON, MELBA CURLS, JERMAINE REED, JIM GLOVER, JAN MARCASON, MICHAEL BROOKS, SCOTT TAYLOR, JOHN SHARP
Excused:1 - CINDY CIRCO
 

120125
COMMUNICATION - Notice received from the Office of Environmental Quality regarding Environmental Management System and Green Solutions Annual Report for fiscal year May 1, 2010 - April 30, 2011.


Received And Filed

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

120126
COMMUNICATION - Notice received from Flintlock Shoppes Community Improvement District regarding their proposed budget for fiscal year ending 2013.


Received And Filed

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

120129
COMMUNICATION - February 2012 – Accepting and releasing various easement and deeds in Kansas City, Platte County, Missouri, and requesting that the City Manager approve the acceptance and release.


Received And Filed

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

120148
COMMUNICATION - Notice from the City Clerk regarding the Annual Budget for the City of Kansas City, Missouri, Fiscal Year 2012-2013, submitted to the City Council of Kansas City, Missouri.


Received And Filed

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

120149
COMMUNICATION - Notice to the Mayor and City Council from the City Clerk pursuant to City Code Section 2-53(c) regarding Consumer Price Index adjustments to campaign contribution limitation amounts for mayoral and council election.


Received And Filed

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

120113
RESOLUTION - Directing the City Manager to consider certain criteria in future requests for proposals for banking institutions to ensure that the City selects banks that are responsive to our community needs and do not engage in predatory lending.


Adopted

Ayes: 11 - Wagner, Davis, Johnson, Curls, Reed, Glover, Marcason, Brooks, Taylor, Sharp, James, Jr.
Nays: 1 - Ford

120110
RESOLUTION - Supporting the Kansas City Area Transportation Authority in its pursuit of compressed natural gas as a viable option for fueling the KCATA vehicle fleet.


Adopted

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

120123
RESOLUTION - Expressing the Mayor and City Council’s support for TIGER 2012 Discretionary Grant Application, and the City’s commitment to provide the local matching funds for the Downtown Streetcar project through Transportation Development District funding; and expressing the Mayor and City Council’s support for the project and application submittal.


Adopted

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

120076
Approving Supplements to two Municipal Agreements with the Missouri Highways and Transportation Commission for adjustments and upgrades to various facilities to bridges over I-670; and estimating and appropriating $82,746.81 in the General Fund.


Passed

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

120093
Changing the name of the old alignment of View High Drive near Interstate 470 from “View High Drive” to “Old View High Drive.”


Passed

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

120065
Authorizing the City Manager to execute a settlement agreement with the United States of America under the Americans with Disabilities Act.


Passed

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

120071
RESOLUTION - Designating a portion of the City’s share of Clay County’s special road and bridge tax receipts for calendar year 2011, in accordance with Section 137.556, Revised Statutes of Missouri, and directing the City Manager to transmit this resolution to Clay County.


Adopted

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

120077
Authorizing a Professional Services Contract with Wilson & Company Inc., for Chouteau Trafficway Improvements; and recognizing an emergency.


Passed

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

120096
Enacting Chapter 53, Code of Ordinances, entitled Parks, Recreation, and Boulevards, and repealing Chapter 64, Article VI, Parks and Boulevards.


Passed

Ayes: 12 - Wagner, Davis, Ford, Johnson, Curls, Reed, Glover, Marcason, 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. 120080 ADVANCE DEBATES: 1. 120120 3. 120099 5. 120115 7. 120109 9. 120116 2. 120124 (sub) 4. 120006 6. 120066 8. 120114 10. 120119 ON THREE SEPARATE DAYS BE WAIVED AND THAT THESE ORDINANCES BE ADVANCED FOR FINAL READING AND CONSIDERATION AT THIS TIME.
 
Ayes: 12 - Wagner, Davis, Ford, Johnson, Curls, Reed, Glover, Marcason, Brooks, Taylor, Sharp, James, Jr.
Nays: 0

120080
Approving and authorizing settlement of a claim for a workers’ compensation benefit filed by Charles Booth for injuries resulting from an accident on August 20, 2008, while employed by the City.


Passed

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

120120
Authorizing the City Manager to enter into a Cooperative Agreement with the Tax Increment Financing Commission relating to certain parcels of real property located near 63rd Street and Prospect Avenue and authorizing the Director of General Services to execute a Ground Lease Agreement with the Tax Increment Financing Commission relating to the same parcels of real property.


Passed

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

120124
(Sub.)
Cancelling the City Council standing committee meetings and legislative and business sessions for the weeks of February 13, 2012; July 2, 2012; August 6, 2012; November 26, 2012; December 24, 2012; and December 31, 2012; and changing the meeting dates for the week of November 19, 2012.


Passed as Substituted

Ayes: 11 - Wagner, Davis, Ford, Johnson, Curls, Reed, Glover, Marcason, Brooks, Taylor, James, Jr.
Nays: 1 - Sharp

120099
(Sub.)
Amending Ordinance No. 120040, As Amended by repealing Sections 1 and 2 and enacting in its place new Sections 1 and 2; and approving and authorizing the Director of City Development to enter into a subgrant agreement with Ivanhome, a Missouri non-profit corporation, in the amount of $378,128.00 to fund authorized abatement activities at the Horace Mann School building located at 2008 E. 39th Street, Kansas City, Missouri.


Passed as Substituted

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

120115
Estimating revenue and appropriating $1,843,201.00 in the Police Grants Fund for the Port Security Grant Program through the Mid-America Regional Council to purchase a helicopter; and designating requisitioning authority.


Passed

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

120066
Approving the allocations in the FY 2013-17 Capital Improvements Program preliminary budget and the FY 2013 Neighborhood Conservation Project list as set forth in this ordinance and attached exhibits; and stating the Council's intention regarding advance funding of the FY 2013-17 Capital Improvement Program projects.


Passed

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

120109
Authorizing an amendment with Olsson Associates for professional services for 12th Street Viaduct Bridge Over Railroad project.


Passed

Ayes: 11 - Wagner, Ford, Johnson, Curls, Reed, Glover, Marcason, Brooks, Taylor, Sharp, James, Jr.
Nays: 0

120114
Approving Amendment No. 1 with AMEC Earth and Environmental, Inc. for the Jackson County FEMA Floodplain Modernization project; authorizing the Director of Water Services to expend approximately $83,585.00; and recognizing an emergency.


Passed

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

120116
Reducing an appropriation in the amount of $180,000.00 in the Capital Improvements Fund; appropriating that amount to the Main Street Streetscape account; and designating requisitioning authority.


Passed

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

120119
Authorizing an amendment with Cook, Flatt & Strobel Engineers, P.A. for design services for the Maplewoods Parkway and Shoal Creek Parkway projects.


Passed

Ayes: 12 - Wagner, Davis, Ford, Johnson, Curls, Reed, Glover, Marcason, Brooks, Taylor, Sharp, James, Jr.
Nays: 0
 
 Councilmember Ford 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: 1. 120101 (sub) 2. 120108 AND THAT THESE ORDINANCES BE PLACED ON THE DOCKET NEXT WEEK FOR THIRD READING.
 
Ayes: 12 - Wagner, Davis, Ford, Johnson, Curls, Reed, Glover, Marcason, Brooks, Taylor, Sharp, James, Jr.
Nays: 0

120101
(Sub.)
Adopting the Collective Bargaining Agreement with Local 3808, I.A.F.F.


Assigned Third Read Calendar as Substituted

120108
Repealing Ordinance Nos. 081252, 090937 and 110285 and amending Chapter 30, Code of Ordinances, by repealing Sections 30-71 through 30-77, and enacting in lieu thereof new Sections 30-71 through 30-77 of like number and subject matter to adopt the 2005 FDA Food Code with various modifications and incorporating the Code by reference for the purpose of updating the Kansas City, Missouri Food Code.


Assigned to Third Read Calendar

120006
Amending Chapters 10 and 76, Code of Ordinances, by repealing Sections 10-162, Forms and process, 10-214, Consents required, and 76-76, Contents of application, and enacting in lieu thereof new sections of like number and subject matter which no longer require that an application under these sections be notarized.


Assigned to Third Read Calendar
 
 Councilmember Ford Move to Waive Charter Requirement
excluding 120134
 
Ayes: 12 - Wagner, Davis, Ford, Johnson, Curls, Reed, Glover, Marcason, Brooks, Taylor, Sharp, James, Jr.
Nays: 0

120135
Approving and authorizing settlement of a claim by Elaine Adcock, Claim No. T1112-0668.


Referred to Finance, Governance & Ethics Committee

120136
Amending Article VIII of the Administrative Code of Kansas City, Missouri, relating to the Classification and Compensation Plan, by repealing Sections 2-1075 and 2-1078 which provides for implementation of the Collective Bargaining Agreement (CBA) between the City of Kansas City, Missouri and the International Association of Fire Fighters, Local 3808, as it relates to wages, classifications and compensation with this ordinance creating nine new job classifications and revises the pay ranges for all the classifications covered by Local 3808.


Referred to Finance, Governance & Ethics Committee

120139
Approving the issuance by the City of Kansas City Missouri, of its Special Obligation Bonds in two series, a tax-exempt series and a taxable series, in the aggregate principal amount not to exceed $92,000,000.00; and approving and authorizing certain documents and actions relating to the issuance of the Bonds.


Referred to Finance, Governance & Ethics Committee

120140
Authorizing the issuance of General Obligation Improvement and Refunding Bonds, Series 2012A, of the City of Kansas City, Missouri, in a principal amount not to exceed $218,454,000.00; prescribing the form and details of said bonds; providing for the levy and collection of an annual tax for the purpose of paying the principal of and interest on said bonds as they become due; and authorizing certain other documents and actions in connection therewith.


Referred to Finance, Governance & Ethics Committee

120141
Amending Chapter 2, Division 5, Silver Haired City Council, by repealing Sections 2-821 through 2-832 and enacting new Sections 2-821 through 2-828.


Referred to Finance, Governance & Ethics Committee

120146
Calling an election on June 5, 2012, for the purpose of submitting an ordinance proposed by initiative to require the City to prepare a plan, updated annually, for the use of property used for the manufacture of components for nuclear weapons when that use ceases; directing the City Clerk to provide notice of the election; and recognizing an emergency.


Referred to Planning, Zoning & Economic Development Committee

120147
Calling an election on June 5, 2012, for the purpose of submitting an ordinance proposed by initiative to require the City to remove itself from financial involvement in the production of nuclear weapons components; directing the City Clerk to provide notice of the election; and recognizing an emergency.


Referred to Planning, Zoning & Economic Development Committee

120131
Authorizing the acceptance and approval of a grant from the Health Care Foundation of Greater Kansas City in the amount of $55,869.00; estimating revenue and appropriating the sum of $55,869.00 to the Health Care Foundation Grant account; and designating requisitioning authority.


Referred to Neighborhoods & Healthy Communities Committee

120132
Accepting and authorizing a grant from the Empowering Individuals Through Advocacy and Support (EITAS), Developmental Disability Services of Jackson County, to support accessibility in recreation programming provided in the amount of $55,350.00; estimating revenue and appropriating funds in the amount of $55,350.00 in the Park Maintenance Fund to provide education and access to programs for those with special needs; and designating requisitioning authority.


Referred to Neighborhoods & Healthy Communities Committee

120134
Approving the amended petition to extend the term of the Shops on Blue Parkway Community Improvement District.


Councilmember Brooks Move to Advance

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


Passed

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

120138
Amending Chapter 88, Zoning and Development Code, by enacting two new sections pertaining to the Downtown Streetcar Area. (254-S-272)


Referred to Planning, Zoning & Economic Development Committee

120143
Appropriating $76,818.00 from the Unappropriated Fund Balance of the Westport Special Business District Fund for operating expenses.


Referred to Planning, Zoning & Economic Development Committee

120144
Rezoning an area known as the Downtown Streetcar Area North, generally located between Second Street on the north, Missouri Route 9, Locust Lane and Grand Boulevard on the east, I-670 on the south and Wyandotte Street on the west, but not including the existing UR zones, from Districts M1-5 and DC-15, to District DC-15. (14270-P)


Referred to Planning, Zoning & Economic Development Committee

120145
Rezoning an area known as the Downtown Streetcar Area South, generally located between I-670 on the north, Grand Boulevard on the east, the Kansas City Terminal Railway on the south and Wyandotte Street on the west, but not including the existing UR zones and the Adult Entertainment Overlay District CX/O zone, from Districts M1-5, B4-5 and DC-15, to District DX-15. (14271-P)


Referred to Planning, Zoning & Economic Development Committee

120142
Amending Chapter 10, Code of Ordinances, by repealing Section 10-212, Distance from churches and schools, and enacting in lieu thereof a new section of like number and subject matter which allows the Director of Neighborhood and Community Services, or a person designated by the Director, to approve a sales-by-drink or sales-by-package liquor licensed premise to be located within 100 feet of a church or school as long as the managing authority from the church or school submits a written and notarized statement to the Director stating they have no objection to a liquor-by-the drink or liquor-by-the package premise obtaining a liquor license, upgrading the current liquor license or expanding the current premise.


Referred to Public Safety & Emergency Services Committee

120150
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 new sections of like number and subject matter which will allow an applicant to apply for a sales-by-package liquor license and bypass the density and consent requirement along the block face frontage of E. 87th Street from Blue River Road to the Kansas City Southern Railroad tracks.


Referred to Public Safety & Emergency Services Committee

120130
Authorizing an increase in the contingency of a contract with Randy Spalding Excavating, Inc. in the amount of $269,338.00 for construction services.


Referred to Transportation & Infrastructure Committee

120133
Authorizing the Director of Water Services Department to enter into a contract with Foley Company for the Blue River Wastewater Treatment Plant (WWTP) Effluent Disinfection, Section I project; approving an amendment with Black and Veatch Corporation for the Blue River WWTP Effluent Disinfection project; authorizing expenditures of approximately $17,650,000.00; and recognizing an emergency.


Referred to Transportation & Infrastructure Committee

120137
Authorizing the Director of Public Works to accept funds from the 3-Trails Village Community Improvement District; authorizing an agreement with the Missouri Highways and Transportation Commission for a trail and pedestrian overpass project; estimating and appropriating $416,300.00 in the Capital Improvements Fund for the project; and designating requisitioning authority.


Referred to Transportation & Infrastructure Committee

120151
Reducing an appropriation in the Capital Improvements Fund in the amount of $375,000.00; appropriating that amount to a project account in the Capital Improvements Fund; authorizing a contract with H.W. Lochner, Inc, for the Biennial Bridge Inspection; designating requisitioning authority; and recognizing an emergency.


Referred to Transportation & Infrastructure Committee
 
 Councilmember Johnson Move To Introduce

120152
COMMUNICATION - Notice from the Mayor that he has caused the preparation and filing of a petition in the Circuit Court of Jackson County, Missouri at Kansas City to establish a Transportation Development District (TDD) for the downtown streetcar project as authorized by Resolution No. 120043. The specific boundaries and resources are as described in the petition, which is incorporated herein by reference (Case No. 1216-CV02419).


Received And Filed

Ayes: 12 - Wagner, Davis, Ford, Johnson, Curls, Reed, Glover, Marcason, Brooks, Taylor, Sharp, James, Jr.
Nays: 0
 
 Councilmember Johnson Move To Introduce
 
Ayes: 11 - Wagner, Davis, Ford, Johnson, Curls, Reed, Glover, Marcason, Brooks, Sharp, James, Jr.
Nays: 0

120153
Waiving a requirement of Section 2-83(a), Code of Ordinances, and authorizing the Director of Public Works to execute a contract with Polsinelli Shughart PC, for the provision of legal services in connection with the creation of one or more Transportation Development Districts; and recognizing an emergency.


Councilmember Johnson Move to Advance

Seconded by Councilmember Curls
Ayes: 11 - Wagner, Davis, Ford, Johnson, Curls, Reed, Glover, Marcason, Brooks, Sharp, James, Jr.
Nays: 0


Passed

Ayes: 11 - Wagner, Davis, Ford, Johnson, Curls, Reed, Glover, Marcason, Brooks, Sharp, James, Jr.
Nays: 0
 
MISCELLANEOUS BUSINESS
 
 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.