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Last Published: 7/14/2011 4:06:41 PM
KANSAS CITY COUNCIL RECORD
 
Upon Roll Call the following members were present:
Presided:1 - SYLVESTER JAMES, JR.
Present:10 - SCOTT WAGNER, DICK DAVIS, ED FORD, MELBA CURLS, JERMAINE REED, JIM GLOVER, JAN MARCASON, CINDY CIRCO, MICHAEL BROOKS, JOHN SHARP
Excused:2 - RUSS JOHNSON, SCOTT TAYLOR
 

110524
COMMUNICATION - Notice from King Hershey to the City Clerk regarding a Notice of Replacement Directors for the Shoal Creek Valley Community Improvement District.


Received And Filed

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

110533
COMMUNICATION - Notice received from Synergy Services Inc. regarding the Accountants Report & Financial Statement for years ended 2009 & 2010.


Received And Filed

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

110537
COMMUNICATION - Notice received from the City Clerk regarding Certificate of Receipt of a 194 page document received on July 7, 2011 purported to be Petition for Initiative for the Light Rail Based Transit.


Received And Filed

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

110541
COMMUNICATION - Emergency Regulations E41198-E41206


Received And Filed

Ayes: 12 - Wagner, Davis, Ford, 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.


Adopted

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

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.


Adopted

Ayes: 11 - Wagner, Davis, Ford, Curls, Reed, Glover, Marcason, Circo, Brooks, 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.


Passed

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

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


Passed

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

110479
(Sub.)
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.


Councilmember Sharp Move to Amend

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


Passed as Amended

Ayes: 11 - Wagner, Davis, Ford, Curls, Reed, Glover, Marcason, Circo, Brooks, Sharp, James, Jr.
Nays: 0
 
 Councilmember Marcason Move to Waive Charter Requirement
HONORABLE MAYOR, I MOVE THAT THE CHARTER REQUIREMENTS FOR READING OF ORDINANCE NO(S): ADVANCE DEBATES: 1. 110504 4.110466(sub) 7.110501(sub)10. 110519(sub) 2.110506 5. 110478 8.110508(sub) 11. 110520 3. 110512 6. 110500 9. 110513(sub) ON THREE SEPARATE DAYS BE WAIVED AND THAT THESE ORDINANCES BE ADVANCED FOR FINAL READING AND CONSIDERATION AT THIS TIME.
 
Ayes: 11 - Wagner, Davis, Ford, Curls, Reed, Glover, Marcason, Circo, Brooks, 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;


Passed

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

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.


Passed

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

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.


Passed

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

110466
(Sub.)
Approving an amendment to a previously approved preliminary plan in District B3-2 formerly PD/C-2 on an 8.97 acre tract of land generally located at the southwest corner of W. 103rd Street and Wornall Road for the purpose of deleting 4.37 acres and reapproving a development plan on the remainder. (6667-P-37)


Passed as Substituted

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

110478
Reappropriating $38,489.01 from the Unappropriated Fund Balance of the Fire Sales Tax Fund for the USFA AFG Grant from the United States Department of Homeland Security Assistance to Firefighters Grant (AFG) program; designating requisitioning authority; and recognizing an emergency.


Passed

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

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


Passed

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

110501
(Sub.)
Reducing a $100,000.00 appropriation in the Capital Improvements Fund; appropriating the same amount in the Capital Improvements Fund for the Grand Streetscape Planning Study; and designating requisitioning authority.


Passed as Substituted

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

110508
(Sub.)
Estimating revenue in the amount of $2,300,000.00 in the ARRA Stimulus Fund; appropriating that amount from the Unappropriated Fund Balance of the ARRA Stimulus Fund; authorizing an approximately $368,000.00 contract with HNTB Corporation for Troost Avenue Bridge – North Pedestrian Improvements; and recognizing an emergency.


Passed as Substituted

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

110513
(Sub.)
Authorizing an approximately $49,000.00 amendment to an agreement with H.W. Lochner, Inc., for engineering design services for the Woodswether Road Viaduct over Burlington Northern and Woodswether Road Viaduct over UPRR projects.


Passed as Substituted

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

110519
(Sub.)
Reducing appropriations in the Capital Improvements Fund in the amount of $837,208.55; appropriating $31,952,759.83 from the Unappropriated Fund Balance of the Capital Improvements Fund to various accounts in the Capital Improvements Fund; estimating revenue in the amount of $240,000.00 in the Capital Improvements Fund; appropriating $240,000.00 from the Unappropriated Fund Balance of the Capital Improvements Fund; designating requisitioning authority; and recognizing an emergency.


Councilmember Davis Move to Amend

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


Passed as Substituted and Amended

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

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.


Passed

Ayes: 11 - Wagner, Davis, Ford, Curls, Reed, Glover, Marcason, Circo, Brooks, Sharp, James, Jr.
Nays: 0
 
 Councilmember Circo Move to Waive Charter Requirement
HONORABLE MAYOR, I MOVE THAT THE CHARTER REQUIREMENTS FOR READING OF THE ORDINANCES ON THREE SEPARATE OCCASIONS IS WAIVED FOR THE ORDINANCES ON SECOND READING ON PAGES 6-7 OF TODAY’S DOCKET AND THAT THESE ORDINANCES BE PLACED ON THE DOCKET NEXT WEEK FOR THIRD READING.
 
Ayes: 11 - Wagner, Davis, Ford, Curls, Reed, Glover, Marcason, Circo, Brooks, Sharp, James, Jr.
Nays: 0

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.


Assigned to Third Read Calendar

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.


Assigned to Third Read Calendar

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.


Assigned to Third Read Calendar

110200
(Sub.)
Approving an amended Council approved signage plan for the 103rd Street Auto Mall District, on approximately 40 acres generally bounded by I-435 on the south, Wornall Road on the east, Indian Creek on the west, 103rd on the north, including about 600' of property on the north side of 103rd Street and south of Indian Creek approximately 875' west of Wornall; and also the property located on the  north side of 103rd Street and south of Indian Creek for a distance of approximately 900' east of Wornall Road.  (14185-P)


Assigned Third Read Calendar as Substituted

110201
(Sub.)
Amending Sections 88-445-01-D, 88-445-11-A and 88-445-11-E of the Zoning and Development Code to alter the requirements regarding banners and the council approved signage plan. 


Assigned Third Read Calendar as Substituted

110486
RESOLUTION - Adopting the 20th Street Streetscape Plan, which will serve as a comprehensive guide for future streetscape improvements within the planning area that extends one-half block to the north and south of 20th Street from West Pennway to McGee Street.


Assigned to Third Read Calendar

110495
(Sub.)
RESOLUTION - Approving an amendment to the Little Blue Valley Area Plan by modifying the Land Use Plan and Map for an area of approximately 3.06 acres generally located at the southeast corner of 40 Highway and Lee's Summit Road to recommend community commercial services instead of community commercial services and low density residential uses. (406-S-17)


Assigned Third Read Calendar as Substituted

110496
(Sub.)
Rezoning an area of approximately 3.06 acres generally located on at the southeast corner of Lee's Summit Road and 40 Highway from Districts B3-2 and R-80 to District B3-2. (14213-P)


Assigned Third Read Calendar as Substituted

110516
(Sub.)
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)


Add to Consent Docket

110502
(Sub.)
Authorizing the Director of Water Services Department to enter into a contract with Foley Company for Todd Creek WWTP Effluent Disinfection; and authorizing the expenditure of approximately $2,023,000.00.


Assigned Third Read Calendar as Substituted

110515
(Sub.)
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 $66,900.00; and designating requisitioning authority.


Assigned Third Read Calendar as Substituted
 
 Councilmember Circo Move to Waive Charter Requirement
HONORABLE MAYOR, 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: 10 - Wagner, Davis, Ford, Curls, Reed, Glover, Marcason, Brooks, Sharp, James, Jr.
Nays: 0

110523
Reducing the Contingent Appropriation in the General Fund by $540,000.00; and appropriating $540,000.00 to the Neighborhood and Community Services Department for the Nuisance Abatement Program.


Referred to Finance, Governance & Ethics Committee

110525
Approving and authorizing settlement of the lawsuit styled Southwestern Bell Telephone Company d/b/a AT&T Missouri v. City of Kansas City, Missouri, Case No. 0916-CV38773.


Referred to Finance, Governance & Ethics Committee

110539
Authorizing the City Manager to execute a Settlement Agreement and Release with the International Association of Fire Fighters, Local 42 resolving issues related to provisions of the Temporary Emergency Procedures contained in the 2009-2012 Collective Bargaining Agreement between the City and Local 42.


Referred to Finance, Governance & Ethics Committee

110540
Approving and authorizing settlement of a claim for a workers' compensation benefit filed by Andres Nelson for injuries resulting from an accident on March 16, 2009, while employed by the City.


Referred to Finance, Governance & Ethics Committee

110543
Approving and authorizing the execution and delivery of an Amended and Restated Indenture of Trust with Wells Fargo Bank, N.A. in connection with the City’s Outstanding Variable Rate Demand Tax-Exempt Special Obligations Refunding Bonds (H. Roe Bartle Convention Center project) Series 2008E.


Referred to Finance, Governance & Ethics Committee

110529
Accepting and approving one-year contracts in the amounts of $56,000.00 and $113,000.00 with the Missouri Department of Health and Senior Services to provide funding for children with special health care needs.


Referred to Neighborhoods & Healthy Communities Committee

110530
Accepting and approving a one year $300,810.00 contract with the Missouri Department of Health and Senior Services that provides funding to local public health agencies for the promotion of core public health functions; and increasing the revenue and appropriation in the amount of $3,140.00 in the Governmental Grants Fund.


Referred to Neighborhoods & Healthy Communities Committee

110522
Approving the plat of Mullins Plaza – First Plat, an addition in Clay County, Missouri; accepting various easements; and authorizing the City Clerk to record this ordinance and attached documents. (SD0823D)


Referred to Planning, Zoning & Economic Development Committee

110526
Amending Chapter 18, Article II, Code of Ordinances, by repealing and reenacting subsection 3201.5.4 of Section 18-40; and amending Chapter 64, Article V, Code of Ordinances, by repealing and reenacting Section 64-164 in its entirety, all for the purpose of updating the regulations applicable to sidewalk cafes.


Referred to Planning, Zoning & Economic Development Committee

110538
Approving an amendment to a previously approved preliminary plan in District CP-2 on a 14 acre tract of land generally located at the southeast corner of W. 101st Street and Wornall Road for the purpose of removing the use restriction prohibiting a drive through facility. (6819-P-6)


Referred to Planning, Zoning & Economic Development Committee

110531
Estimating revenue and appropriating $1,008,528.00 from the Unappropriated Fund Balance of the Public Safety Sales Tax Fund to purchase equipment and consulting services for the emergency communication radio system.


Referred to Public Safety & Emergency Services Committee

110535
Estimating revenue and appropriating $1,000,000.00 from the Unappropriated Fund Balance of the Public Safety Sales Tax Fund to purchase e-ticketing equipment and software for the Police Department; and recognizing an emergency.


Referred to Public Safety & Emergency Services Committee

110527
Approving an Amendment No. 5 with Taliaferro and Browne, Inc. for the CID Storm Sewers project; and authorizing the Director of Water Services to expend approximately $439,936.00.


Referred to Transportation & Infrastructure Committee

110528
Authorizing the Director of Water Services to enter into a contract with Lutjen, Inc., for design services for the First Creek Interceptor Sewers project; and authorizing the Director of Water Services to expend approximately $881,472.00.


Referred to Transportation & Infrastructure Committee

110532
Authorizing the transfer of $99,906.84 in the Capital Improvement Fund from the Public Works Department account to the Capital Projects Department account.


Referred to Transportation & Infrastructure Committee

110534
Appropriating $2,071,700.00 from the Unappropriated Fund Balance of the Public Safety Sales Tax; authorizing the Director of Capital Projects Department to enter into a contract with Titan Built, LLC for the Police Headquarters Renovation project; authorizing the expenditure of approximately $2,279,000.00; and recognizing an emergency.


Referred to Transportation & Infrastructure Committee

110536
Approving various traffic regulations.


Referred to Transportation & Infrastructure Committee

110542
Authorizing a $0.00 contract for the street improvements on N. Indiana Avenue project; authorizing the Director of Capital Projects Department to expend $0.00 for the contract; approving management costs; and recognizing an emergency.


Referred to Transportation & Infrastructure Committee
 
 Councilmember Ford Move To Introduce

110544
Authorizing the Director of Public Works to enter into a municipal agreement with the Missouri Highways and Transportation Commission related to improvements to the U.S. 169 Corridor.


Referred to Transportation & Infrastructure Committee
 
MISCELLANEOUS BUSINESS