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Last Published: 3/25/2016 3:21:33 PM
KANSAS CITY COUNCIL RECORD
 
Upon Roll Call the following members were present:
Presided:1 - SYLVESTER JAMES, JR.
Present:11 - SCOTT WAGNER, HEATHER HALL, TERESA LOAR, DAN FOWLER, QUINTON LUCAS, JERMAINE REED, KATHERYN SHIELDS, JOLIE JUSTUS, LEE BARNES JR., ALISSIA CANADY, KEVIN MCMANUS
Excused:1 - SCOTT TAYLOR
 

160212
RESOLUTION - Expressing appreciation and recognition to Chuck Haddix, also known as Chuck Haddock, host of KCUR’s music program, The Fish Fry.


Adopted

Ayes: 12 - Wagner, Hall, Loar, Fowler, Lucas, Reed, Shields, Justus, Barnes Jr., Canady, McManus, James, Jr.
Nays: 0

160177
COMMUNICATION - EMERGENCY REGULATIONS E42117-E42118


Received And Filed

Ayes: 12 - Wagner, Hall, Loar, Fowler, Lucas, Reed, Shields, Justus, Barnes Jr., Canady, McManus, James, Jr.
Nays: 0

160178
COMMUNICATION - EMERGENCY REGULATION E42119


Received And Filed

Ayes: 12 - Wagner, Hall, Loar, Fowler, Lucas, Reed, Shields, Justus, Barnes Jr., Canady, McManus, James, Jr.
Nays: 0

160205
COMMUNICATION - March 2016 – Accepting various easements and deeds in Kansas City, Clay County, Missouri, and requesting that the City Manager approve the acceptance.


Received And Filed

Ayes: 12 - Wagner, Hall, Loar, Fowler, Lucas, Reed, Shields, Justus, Barnes Jr., Canady, McManus, James, Jr.
Nays: 0

160206
COMMUNICATION - March 2016 – Accepting various easements and deeds in Kansas City, Jackson County, Missouri, and requesting that the City Manager approve the acceptance.


Received And Filed

Ayes: 12 - Wagner, Hall, Loar, Fowler, Lucas, Reed, Shields, Justus, Barnes Jr., Canady, McManus, James, Jr.
Nays: 0

160209
COMMUNICATION - Notice received from Polsinelli Law Firm to the City Clerk regarding a Petition to establish the State Line Shopping Center Community Improvement District.


Referred to Planning, Zoning & Economic Development Committee
 
 Councilmember Wagner (Second by Reed) 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: 12 - Wagner, Hall, Loar, Fowler, Lucas, Reed, Shields, Justus, Barnes Jr., Canady, McManus, James, Jr.
Nays: 0

160200
RESOLUTION - Appointing Amy Ehlers, Steve Caffey, David Harris, Russ Cline and Angie Rogers as successor directors to the Flintlock Plaza Community Improvement District.


Held on Docket (3/31/2016)

160201
RESOLUTION - Appointing Amy Ehlers, Steve Caffey, David Harris, John Bell and Russ Cline as successor directors to the Old Foundation Community Improvement District.


Held on Docket (3/31/2016)

160202
RESOLUTION - Appointing David Harris, Russ Cline, Angie Rogers, Steve Caffey and Amy Ehlers as successor directors to the Landing Mall Community Improvement District.


Held on Docket (3/31/2016)

160203
RESOLUTION - Appointing David Harris and Russ Cline as successor directors to the Flintlock Shoppes Community Improvement District.


Held on Docket (3/31/2016)

160204
RESOLUTION - Approving the appointments of Edie Ballweg and Alicia Stephens and the reappointments of Rosemary Salerno, Brenda Noorbakhsh and Audrey Sisco to the Zona Rosa Community Improvement District Board of Directors for terms as specified.


Held on Docket (3/31/2016)

160215
RESOLUTION - Approving the reappointment of James Didion and the appointments of John Green and Jules Heron as successor directors to the Kansas City International Airport Community Improvement District.


Held on Docket (3/31/2016)

160061
(Sub.)
Adopting and authorizing the execution of the Collective Bargaining Agreement with Local 42, I.A.F.F.


Councilmember McManus (Second by Reed) Move to Amend

Seconded by Councilmember Reed
Ayes: 10 - Hall, Loar, Fowler, Lucas, Reed, Shields, Justus, Barnes Jr., Canady, McManus
Nays: 2 - Wagner, James, Jr.


Passed as Substituted and Amended

Ayes: 11 - Hall, Loar, Fowler, Lucas, Reed, Shields, Justus, Barnes Jr., Canady, McManus, James, Jr.
Nays: 1 - Wagner

160151
Levying taxes for Fiscal Year 2016-17 for General Revenue, Health Levy, Museum Special Revenue and General Debt and Interest Funds on all property in Kansas City subject to taxation on January 1, 2016; providing for the extension of such levies by the Director of Finance; and authorizing the collection by the Director of Finance.


Passed

Ayes: 12 - Wagner, Hall, Loar, Fowler, Lucas, Reed, Shields, Justus, Barnes Jr., Canady, McManus, James, Jr.
Nays: 0

160152
Pursuant to Section 68-582 of the Code of Ordinances, setting the rates for the trafficway maintenance tax, the park and boulevard maintenance tax, and the boulevards and parkways front foot assessment at $0.00 for Fiscal Year 2016-17.


Passed

Ayes: 12 - Wagner, Hall, Loar, Fowler, Lucas, Reed, Shields, Justus, Barnes Jr., Canady, McManus, James, Jr.
Nays: 0

160165
(Sub.)
Amending Chapter 60, Code of Ordinances, entitled Sewers and Sewage Disposal by repealing Sections 60-2, 60-3, 60-4 and 60-191 and enacting in lieu thereof new sections of like number and subject matter and enacting a new Section 60-9, that adjusts charges for sewer service and imposes a one percent payment in lieu of taxes upon the City Sewer Fund’s gross revenues derived from sewer services to the City’s residential and commercial customers to be paid to the General Fund and charged to the residential and commercial customers; and establishing an effective date.


Held on Docket (4/7/2016)

160166
(Sub.)
Amending Chapter 78, Code of Ordinances, entitled “Water” by repealing Sections 78-5, 78-6, 78-8, 78-9, 78-10, 78-16, 78-20, 78-25, and 78-28 and enacting in lieu thereof new sections of like number and subject matter and enacting a new Section 78-11, that adjust charges for water service and impose a one percent payment in lieu of taxes upon the City Water Fund’s gross revenues derived from water services to the City’s residential and commercial customers to be paid to the General Fund and charged to the residential and commercial customers; and establishing an effective date.


Held on Docket (4/7/2016)

160167
Approving the issuance by the City of Kansas City Missouri of its special obligation bonds in five series (collectively, the “Series 2016 Bonds”), one to finance certain projects with an estimated cost of $68,860,728.00 on a tax-exempt basis, one to finance certain projects with an estimated cost of $33,250,000.00 on a taxable basis, one to refund a portion of bonds issued by the City of Kansas City, Missouri to finance certain projects, one to refund a portion of bonds issued by the City of Kansas City, Missouri to finance the East Village Project and one to refund a portion of the bonds issued by the City of Kansas City, Missouri to finance the Downtown Arena and to finance additional improvements to the Downtown Arena with an estimated cost of $6,794,101.00, such Series 2016 Bonds to be issued in an aggregate principal amount not to exceed $400,000,000.00; approving and authorizing certain documents and actions relating to the issuance of the Series 2016 Bonds; renaming Fund No. 3433 from Series 2016A Special Obligation Bond Fund to Series 2016A Tax Exempt Bond Fund, establishing Fund No. 3434, the Series 2016B Taxable Bond Fund and Fund No. 3435, the 2016F Bond Fund; reappropriating $21,400,000.00 from Fund No. 3433, the Series 2016A Tax-Exempt Bond Fund to Fund No. 3434, the Series 2016B Taxable Bond Fund; authorizing the Director of Finance to transfer certain encumbrances and expenditures from Fund No. 3433, the Series 2016A Tax-Exempt Bond Fund to Fund No. 3434, the Series 2016B Taxable Bond Fund; estimating and appropriating in the amounts of $7,294,101.00 and $11,850,000.00 in Fund No. 3433, the Series 2016A Tax-Exempt Bond Fund and Fund No. 3434, the Series 2016B Taxable Bond Fund, respectively; reducing revenue estimate and appropriation in the amount of $35,000,000.00 in Fund 3433, the Series 2016A Tax-Exempt Bond Fund and estimating and appropriating $35,000,000.00 in Fund No. 3435, the Series 2016F Bond Fund; designating requisitioning authority and authorizing the Director of Finance to close project accounts; declaring the City’s intent to reimburse itself from bond proceeds; and recognizing an accelerated effective date.


Passed

Ayes: 12 - Wagner, Hall, Loar, Fowler, Lucas, Reed, Shields, Justus, Barnes Jr., Canady, McManus, James, Jr.
Nays: 0

160172
Authorizing the Director of Neighborhoods and Housing Services to enter into a Memorandum of Agreement for the completion of the Colonnades at Beacon Hill project at 27th and Tracy (the "Project"); amending the 2012 and 2014 One Year Action Plans and authorizing submittal of a Substantial Amendment to the U.S. Department of Housing and Urban Development for its consideration; estimating revenue and appropriating funds in the HOME Investment Partnerships Fund; estimating revenue and appropriating funds in the Community Development Block Grant Fund; authorizing contracts with Colonnades at Beacon Hill Development, LP (“Developer”) in the amount of $3,000,000.00; and recognizing this ordinance as having an accelerated effective date.


Passed

Ayes: 12 - Wagner, Hall, Loar, Fowler, Lucas, Reed, Shields, Justus, Barnes Jr., Canady, McManus, James, Jr.
Nays: 0

160142
RESOLUTION - Amending the Heart of the City Area Plan by changing the land use recommendations on a total of 6.8 acres in the area of E. 31st Street and E. Linwood Boulevard. (685-S-7).


Passed

Ayes: 12 - Wagner, Hall, Loar, Fowler, Lucas, Reed, Shields, Justus, Barnes Jr., Canady, McManus, James, Jr.
Nays: 0

160143
Rezoning a 3.2 acre tract generally located south of E. 31st Street, west of Mersington Avenue, north of E. Linwood Boulevard and east of Cleveland Avenue, from Districts R-5, R-1.5 and B-3.2 to District O-2. (14616-P)


Passed

Ayes: 12 - Wagner, Hall, Loar, Fowler, Lucas, Reed, Shields, Justus, Barnes Jr., Canady, McManus, James, Jr.
Nays: 0

160150
(Sub.)
Declaring an area of land about 6.8 acres generally located south of E. 31st Street, west of Mersington Avenue, north of E. Linwood Boulevard and east of Central Park, to be a blighted and insanitary area in need of redevelopment and rehabilitation pursuant to the Land Clearance for Redevelopment Authority Law and approving the Urban Renewal Plan for the same, said plan to be known as the Linwood & Cleveland Urban Renewal Plan. (729-S)


Passed as Substituted

Ayes: 12 - Wagner, Hall, Loar, Fowler, Lucas, Reed, Shields, Justus, Barnes Jr., Canady, McManus, James, Jr.
Nays: 0

160161
Rezoning an area of approximately 54 acres generally located on either side of N. Corrington Avenue, about 3,000 feet north of E. Front Street and east of I-435 from District M 3-5 to District UR, and approving a development plan that serves as a preliminary plat for five industrial lots and an 835,000 square foot building. (14623-UR)


Passed

Ayes: 12 - Wagner, Hall, Loar, Fowler, Lucas, Reed, Shields, Justus, Barnes Jr., Canady, McManus, James, Jr.
Nays: 0

160168
Approving a Supplemental Trust Indenture and Financing Agreement No. 1 in connection with the KCI Corridor Tax Increment Financing Plan.


Passed

Ayes: 12 - Wagner, Hall, Loar, Fowler, Lucas, Reed, Shields, Justus, Barnes Jr., Canady, McManus, James, Jr.
Nays: 0

160094
Declaring it necessary to open, establish and dedicate street right-of-way for 9th Street, Forester Road, and Union Avenue, as well as to re-establish the horizontal and vertical location of portions of 9th Street, Forester Road, Hickory Street, Santa Fe Street, and Union Avenue, in connection with KCMO Project Number 309-089-7271-YXX-5438 – The Bruce Forester Viaduct Replacement over Mulberry Street, Santa Fe Street, and Union Pacific Railroad, the same being on file in the Office of the Director of Public Works and being incorporated herein by reference, all in Kansas City, Jackson County, Missouri; and upon the effective date of this ordinance, the City Clerk is hereby directed to record the ordinance in the office of the Recorder of Deeds for Jackson County, Missouri.


Passed

Ayes: 12 - Hall, Wagner, James, Jr., McManus, Canady, Barnes Jr., Justus, Shields, Reed, Lucas, Fowler, Loar
Nays: 0
 
 Councilmember Wagner (Second by Reed) 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: 12 - Wagner, Hall, Loar, Fowler, Lucas, Reed, Shields, Justus, Barnes Jr., Canady, McManus, James, Jr.
Nays: 0

160153
(Sub.)
Adopting the Annual Budget of the City for the Fiscal Year 2016-17; estimating the revenues for the fiscal year; appropriating for the purposes stated the sums set forth in the budget; designating requisitioning authorities; directing the Director of Finance to make the necessary entries upon the City’s records to show the appropriations and allocations provided for; and authorizing inter-fund loans.


Councilmember Wagner (Second by Reed) Move to Amend

Seconded by Councilmember Reed
Ayes: 12 - Wagner, Hall, Loar, Fowler, Lucas, Reed, Shields, Justus, Barnes Jr., Canady, McManus, James, Jr.
Nays: 0


Passed as Substituted and Amended

Ayes: 12 - Wagner, Hall, Loar, Fowler, Lucas, Reed, Shields, Justus, Barnes Jr., Canady, McManus, James, Jr.
Nays: 0

160158
Amending Chapter 70, Code of Ordinances, by repealing Section 70-643, Disposition of impounded property; prerequisites for release; collection of costs, and enacting a new section that establishes the process for appealing the decision of the Director of Public Works to remove a vehicle.


Held on Docket (3/31/2016)

160176
Authorizing an amendment to an agreement with HDR Engineering, Inc. for approximately $242,000.00 for the Downtown Streetcar Transit System; and recognizing this ordinance as having an accelerated effective date.


Passed

Ayes: 11 - Wagner, Loar, Fowler, Lucas, Reed, Shields, Justus, Barnes Jr., Canady, McManus, James, Jr.
Nays: 1 - Hall

160189
Authorizing an $897,000.00 Amendment No. 1 with Thales Air Traffic Management for decommissioning outdated FAA equipment at Charles B. Wheeler Downtown Airport; authorizing a maximum expenditure of $986,700.00; and recognizing this ordinance as having an accelerated effective date.


Passed

Ayes: 12 - Wagner, Hall, Loar, Fowler, Lucas, Reed, Shields, Justus, Barnes Jr., Canady, McManus, James, Jr.
Nays: 0

160190
Authorizing a $640,602.38 Amendment No. 1 with CDM Smith Inc. for the Storm Water Development/Master Plan Study at KCI Airport; authorizing a maximum expenditure of $704,662.38; and recognizing this ordinance as having an accelerated effective date.


Passed

Ayes: 12 - Wagner, Hall, Loar, Fowler, Lucas, Reed, Shields, Justus, Barnes Jr., Canady, McManus, James, Jr.
Nays: 0

160191
Authorizing a $1,209,491.00 Amendment No. 1 with HNTB Corporation for the rehabilitation of Taxiway B at KCI Airport; authorizing a maximum expenditure of $1,330,440.00; appropriating $1,330,440.00 from the Unappropriated Fund Balance of the Kansas City Airports Fund; and recognizing this ordinance as having an accelerated effective date.


Passed

Ayes: 12 - Wagner, Hall, Loar, Fowler, Lucas, Reed, Shields, Justus, Barnes Jr., Canady, McManus, James, Jr.
Nays: 0

160195
(Sub.)
Consenting to the release of a 1966 deed restriction on property located at 2901 Troost Avenue, which was imposed as a requirement of the rezoning of the property.


Passed as Substituted

Ayes: 12 - Wagner, Hall, Loar, Fowler, Lucas, Reed, Shields, Justus, Barnes Jr., Canady, McManus, James, Jr.
Nays: 0
 
 Councilmember Wagner (Second by Reed) 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: 12 - Wagner, Hall, Loar, Fowler, Lucas, Reed, Shields, Justus, Barnes Jr., Canady, McManus, James, Jr.
Nays: 0

160185
Accepting and approving a one-year grant award in the amount of $2,423,532.00 from the U.S. Department of Health and Human Services, to provide funding for Ryan White Part A and Minority AIDS Initiative services.


Assigned to Third Read Calendar
 
 Councilmember Wagner (Second by Justus) 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, Hall, Loar, Fowler, Lucas, Reed, Shields, Justus, Barnes Jr., Canady, McManus, James, Jr.
Nays: 0

160207
Approving and authorizing settlement of a lawsuit entitled Belinda Keenan v. City of Kansas City, Missouri, et al., Case No. 1416-CV26680.


Referred to Finance and Governance Committee

160223
Estimating revenue and adjusting appropriations in various funds; identifying accounts to roll forward to Fiscal Year 2016-17; authorizing the amendment to the Memorandum of Understanding concerning the loan from the KC Airports Fund; authorizing the potential use of the General Fund's emergency reserve; and recognizing this ordinance as having an accelerated effective date.


Referred to Finance and Governance Committee

160210
Authorizing the City Manager to execute an Intergovernmental Agreement with the Land Bank of Kansas City, Missouri to support and undertake administrative and operational staffing and other services on behalf of the Land Bank.


Referred to N&PS and Housing Joint Committee

160213
Amending Chapter 46, Code of Ordinances, entitled “Noise Control” by repealing Section 46-5(3), Specific Prohibitions, Refuse and Recycling Vehicles, and enacting in lieu thereof a new Section 46-35(3) of like title, for the purpose of enhancing enforcement for those allowing collection; and repealing Article II, Motor Vehicles, consisting of Sections 46-16 through 46-18, and enacting in lieu thereof a new Article II entitled “Motor Vehicles and Motorcycles,” consisting of Sections 46-16 through 46-20, for the purpose of applying a plainly audible standard to motor vehicles and motorcycles.


Referred to N&PS and Housing Joint Committee

160208
Approving the plat of Dollar General – Raytown Road, an addition in Jackson County, Missouri, generally located at Raytown Road and E. 87th Street; accepting various easements; authorizing the Director of City Planning and Development to execute and/or accept certain agreements; and authorizing the City Clerk to record this ordinance and attached documents. (SD1525A)


Referred to Planning, Zoning & Economic Development Committee

160214
Rezoning a 1.68 acre tract of land generally located at the southeast and southwest corners of E. Linwood Boulevard and Harrison Street from Districts R-.05, R-1.5 and B3-2 to District UR to allow an existing vacant building to be redeveloped for use as an apartment building. (14654-UR)


Referred to Planning, Zoning & Economic Development Committee

160221
Approving the Second Amendment to the Bannister & I-435 Tax Increment Financing Plan.


Referred to Planning, Zoning & Economic Development Committee

160222
Authorizing the Director of Finance to make mid-year adjustments including appropriating from the Unappropriated Fund Balance in the TIF Special Allocation Debt Fund in the amount of $1,518,248.00; and estimating additional revenues in the General Fund in the amount of $131,148.00.


Referred to Planning, Zoning & Economic Development Committee

160211
Accepting a United States Department of Transportation (DOT) Beyond Traffic 2045 The Smart City Challenge Grant Phase I in the amount of $100,000.00; estimating revenue in the amount of $100,000.00 in the Neighborhoods Grants Fund; estimating that amount to the Beyond Traffic Smart Cities Grant account; authorizing a $90,000.00 contract with Ecco Select for the implementation of Phase I; and recognizing this ordinance as having an accelerated effective date.


Referred to Transportation & Infrastructure Committee

160216
Authorizing a $2,412,900.00 construction contract with Foley Company for the Birmingham Pump Station Mid-Range Pumps Project; and recognizing this ordinance as having an accelerated effective date.


Referred to Transportation & Infrastructure Committee

160217
Authorizing a $131,462.00 Design Professional Services Amendment No. 1 with Black & Veatch Corporation for the Water Treatment Plant Pump Station West Header and Valve Replacement Project; and recognizing this ordinance as having an accelerated effective date.


Referred to Transportation & Infrastructure Committee

160218
Authorizing a $5,626,220.00 construction contract with Kissick Construction Company, Inc., for the Arrowhead Transmission Main – Phase 3 (N. Oak Trafficway to Highway 169) Project; authorizing a $220,000.00 design professional services contract Amendment No. 2 with Black & Veatch Corporation for the Arrowhead Transmission Main – Phase 3 (N. Oak Trafficway to Highway 169) Project; and recognizing this ordinance as having an accelerated effective date.


Referred to Transportation & Infrastructure Committee

160219
Authorizing an $8,974,671.00 construction contract with Radmacher Brothers Excavation Company, Inc., for the Target Green West Marlborough Middle Blue River Green Infrastructure for Areas Tributary to Outfall 059 Bid Package 3 Project; authorizing an $890,247.00 Design Professional Services Amendment No. 2 with CDM Smith, Inc., for the Middle Blue River Green Infrastructure/Distributed Storage for Areas Tributary to Outfall 059 Project; and recognizing this ordinance as having an accelerated effective date.


Referred to Transportation & Infrastructure Committee

160220
Authorizing a $4,561,000.00 construction contract with MEGA Industries Corporation for the Target Green East Marlborough Middle Blue River Green Infrastructure for Areas Tributary to Outfall 069 Phase 3 The Paseo Boulevard and Rachel Morado Drive Improvements Project; authorizing a $1,103,826.00 Design Professional Services Amendment No. 2 with Burns & McDonnell Engineering Company, Inc., for the Middle Blue River Green Infrastructure/Distributed Storage for Areas Tributary to Outfall 069 Project; and recognizing this ordinance as having an accelerated effective date.


Referred to Transportation & Infrastructure Committee
 
 Councilmember Canady Move To Introduce

160225
RESOLUTION - Affirming the City’s commitment to the preservation of neighborhoods when demolishing dangerous buildings and structures; and directing the City Manager to implement the triage process.


Referred to N&PS and Housing Joint 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.