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Last Published: 6/7/2013 9:34:36 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, CINDY CIRCO, MICHAEL BROOKS, JOHN SHARP
Excused:1 - SCOTT TAYLOR
 

130446
RESOLUTION - Congratulating Ms. Brittany Sanders as the 2013-2014 Teacher of the Year of Benjamin Banneker Charter Academy of Technology.


Adopted

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

130455
RESOLUTION - Remembering Medgar W. Evers… His Life and Legacy on Voting Rights on Thursday, June 6, 2013.


Adopted

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

130459
RESOLUTION - Congratulating Gary O’Bannon on receiving the 2013 Service to the Labor-Management Council of Greater Kansas City Award.


Adopted

Ayes: 10 - Wagner, Davis, Ford, Johnson, Glover, Marcason, Circo, Brooks, Sharp, James, Jr.
Nays: 0

130451
COMMUNICATION - June 2013 – Accepting and releasing various easement and deeds in Kansas City, Clay 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, Circo, Brooks, Sharp, James, Jr.
Nays: 0

130452
COMMUNICATION - June 2013 – Accepting various easement and deeds in Kansas City, Platte County, Missouri, and requesting that the City Manager approve the acceptance.


Received And Filed

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

130453
COMMUNICATION - June 2013 – Releasing various easement and deeds in Kansas City, Jackson 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, Circo, Brooks, Sharp, James, Jr.
Nays: 0

130443
(Sub.)
RESOLUTION - Supporting the formation of the Twin Creeks KC task force.


Adopted as Substituted

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

130454
RESOLUTION - Urging the Governor of Missouri to veto Senate Bill No. 265 which was passed during the recent session of the Missouri General Assembly and directing the City Clerk to provide a copy hereof to the Governor, all members of the Kansas City legislative delegation to the Missouri General Assembly, and to the Missouri Municipal League.


Adopted

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

130465
RESOLUTION - Approving a Mayoral appointment to the Tax Increment Financing Commission.


Adopted

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

130415
Approving the plat of Benson Place Fieldstone – Fourth 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. (SD0934S)


Passed

Ayes: 12 - Wagner, Davis, Ford, Johnson, Curls, Reed, Glover, Marcason, Circo, Brooks, Sharp, James, Jr.
Nays: 0
 
 Councilmember Marcason 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 “Scheduled Committee Advances” and that these ordinances be advanced for final reading and consideration at this time.
 
Ayes: 12 - Wagner, Davis, Ford, Johnson, Curls, Reed, Glover, Marcason, Circo, Brooks, Sharp, James, Jr.
Nays: 0

130399
Authorizing the Director of Parks and Recreation Department to execute a cooperative agreement with the Missouri Department of Transportation for use of Transportation Enhancement/Transportation Alternative grant funds on the Minor Park Connector Trail; estimating revenue and appropriating $450,000.00 to the Capital Improvements Fund; and designating requisitioning authority.


Passed

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

130412
(Sub.)
Approving the Hawthorne Road PIEA General Development Plan consisting of two property parcels on approximately 69.87 acres located within the Northeast Industrial Area, generally bounded by the southern-most part of the Kansas City Power & Light Company Hawthorne Plant Site on the north, the eastern property boundary of 8400 Hawthorne Road on the east, East levee Road on the south, and the Kansas City Southern Railway tracks on the west and declaring that area an insanitary area in need of redevelopment and rehabilitation pursuant to the Missouri Planned Industrial Expansion Authority (PIEA) Law 100.300-100.620. (601-S-1)


Passed as Substituted

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

130428
Approving and authorizing settlement of claims by Garry Thompson and Anthony Thompson, Case No. 1116-CV08956.


Passed

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

130435
Approving and authorizing settlement of a lawsuit entitled Michael Taylor, et al. v. City of Kansas City, Missouri, Case No. 09CY-CV09669.


Passed

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

130436
Approving and authorizing settlement of a claim for a Workers' Compensation benefit filed by Marvin E. Fox for injuries resulting from an accident on May 17, 2012, while employed by the City.


Passed

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

130437
Approving and authorizing settlement of a claim for a workers' compensation benefit filed by Jeffrey A. Smith for injuries resulting from an accident on February 15, 2011, while employed by the City.


Passed

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

130411
Vacating the north-south alley and a portion of the east-west alley south of 11th Street west of Chestnut Avenue, Kansas City, Jackson County, Missouri; and directing the City Clerk to record certain documents. (1643-V)


Passed

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

130429
Approving the plat of Tuileries Plaza, Third Plat, an addition in Platte County, Missouri; accepting various easements; 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. (SD1099B)


Passed

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

130350
Approving various Traffic Regulations in compliance with Chapter 70 of the Code of Ordinances.


Passed

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

130356
Approving various Traffic Regulations in compliance with Chapter 70 of the Code of Ordinances


Passed

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

130357
Approving various Traffic Regulations in compliance with Chapter 70 of the Code of Ordinances.


Passed

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

130358
Approving various Traffic Regulations in compliance with Chapter 70 of the Code of Ordinances.


Passed

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

130405
Authorizing execution of a Release and Termination of a Deferral Agreement for certain street improvements in the area of 38th and N.E. Parvin Road between the Northland Corps of the Salvation Army and the City of Kansas City, Missouri.


Passed

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

130432
Accepting and approving a ten-month $591,667.00 contract amendment with the Missouri Department of Health and Senior Services to provide funding for HIV case management services in Kansas City, Missouri.


Passed

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

130438
Estimating revenue and appropriating $400,000.00 in the HOME Investment Fund; and authorizing the Director of Neighborhoods and Housing Services Department to enter into contracts not to exceed $400,000.00 with Northland Neighborhoods, Inc. to acquire, rehabilitate and sell houses to low income persons through HOME Investment Partnership Program funding approved in the 2012 One Year Action Plan.


Passed

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

130421
Approving the petition to amend the petition to establish the 39th Street Community Improvement District; establishing the amended 39th Street Community Improvement District, generally located on either side of 39th Street between State Line Road on the West and Southwest Trafficway on the East in Kansas City, Jackson County Missouri; and directing the City clerk to report the amendment of the District to the Missouri Department of Economic Development.


Passed

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

130434
Repealing the Committee Substitute for Ordinance No. 091067, Ordinance No. 100286, and Ordinance No. 100907 and amending Chapter 2, Code of Ordinances, by enacting a new Division 18 codifying the Parking and Transportation Commission and creating an advisory board to be known as the Parking Policy Review Board to make recommendations for addressing parking needs and enforcement within the City.


Passed

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

130440
Authorizing the Director of Parks and Recreation to approve a cooperative grant funding agreement with the Missouri Department of Transportation for the Cliff Drive and Spirit of KC Scenic Byways Trail Project in the amount of $832,518.00 in federal funds and a local match of $330,000.00 from Council District 4, Jackson County, Missouri.


Passed

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

130448
Approving and authorizing settlement of a lawsuit entitled Tamika Nelson, et al. v. City of Kansas City, Missouri, Case No. 1116-CV06029.


Referred to Finance, Governance & Ethics Committee

130449
Approving and authorizing settlement of a lawsuit entitled Melissa Quilty v. City of Kansas City, Missouri, Case No. 1216-CV18985.


Referred to Finance, Governance & Ethics Committee

130450
Approving and authorizing settlement of a lawsuit entitled Carl Fischer v. City of Kansas City, Missouri, Case No. 1216-CV19150.


Referred to Finance, Governance & Ethics Committee

130456
Authorizing a settlement agreement with H.W. Lochner, Inc. for the Duke Gibson Drive project; estimating revenue in the amount of $38,014.00 in the Capital Improvements Fund; appropriating that amount to the Duke Gibson Drive account; designating requisitioning authority; and recognizing an emergency.


Referred to Finance, Governance & Ethics Committee

130457
Approving and authorizing a $2,500,000.00 settlement with Loch Sand & Construction Co., for the North Oak Phase II project; and recognizing an emergency.


Referred to Finance, Governance & Ethics Committee

130458
Approving the plat of Mullins Plaza - 2nd Plat, an addition in Clay County, Missouri; accepting various easements; 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. (SD0823E)


Referred to Planning, Zoning & Economic Development Committee

130461
Vacating E. 83rd Street from Agnes Avenue to dead end, Kansas City, Jackson County, Missouri; retaining an easement; and directing the City Clerk to record certain documents. (1649-V)


Referred to Planning, Zoning & Economic Development Committee

130462
Vacating the east-west alley south of 11th Street from Myrtle Avenue east to meet the north-south alley, Kansas City, Jackson County, Missouri; accepting a warranty deed; and directing the City Clerk to record certain documents. (1674-V)


Referred to Planning, Zoning & Economic Development Committee

130447
Estimating revenue in the amount of $5,000.00 in the Miscellaneous Contributions account; appropriating it to the Domestic Violence Fund; and recognizing an emergency.


Referred to Public Safety & Emergency Services Committee

130406
Authorizing a $1,063,813.00 Emergency Facility Repair and Maintenance Contract with ABM Facility Services at the Kansas City International Airport.


Referred to Transportation & Infrastructure Committee

130463
Estimating revenue in the amount of $630,000.00 in the Capital Improvements fund; reducing an appropriation of $480,000.00 in the Capital Improvements fund; appropriating $1,110,000.00 in the Capital Improvements Fund for the James Street Bridge Rehabilitation project; authorizing a contract with Radmacher Brothers Excavating Co., Inc. for approximately $3,219,000.00 for the project; and recognizing an emergency.


Referred to Transportation & Infrastructure Committee

130464
Approving the Assignment and Assumption Agreement (Regarding Tunnel) for the tunnel encroachment underneath Baltimore Avenue, approximately 80 feet south of 10th Street and all rights, responsibilities and obligations under Ordinance No. 2157, passed January 7, 1931, to Veolia Energy North America, LLC.


Referred to Transportation & Infrastructure Committee
 
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. 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.