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Last Published: 1/25/2013 11:02:41 AM
KANSAS CITY COUNCIL RECORD
 
Upon Roll Call the following members were present:
Present:12 - SCOTT WAGNER, DICK DAVIS, ED FORD, RUSS JOHNSON, MELBA CURLS, JERMAINE REED, JIM GLOVER, JAN MARCASON, CINDY CIRCO, MICHAEL BROOKS, SCOTT TAYLOR, JOHN SHARP
Excused:1 - SYLVESTER JAMES, JR.
 

130028
RESOLUTION - Recognizing the Sustainability Initiatives and Community Outreach of Farmland Foods-Kansas City Facility.


Adopted

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

130031
RESOLUTION - Recognizing Delta Sigma Theta Sorority Inc. Centennial Weekend.


Adopted

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

130022
COMMUNICATION - EMERGENCY REGULATIONS E41485-E41486


Received And Filed

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

130036
COMMUNICATION - Notice to the City Clerk from Polsinelli Shughart, on behalf of Plaza Vista, LLC, a petition to establish the 4840 CID.


Received And Filed

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

130037
COMMUNICATION - Notice to the City Clerk from Polsinelli Shughart, on behalf of 51st & Main, LLC, a petition to establish the 5050 Main CID.


Received And Filed

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

130038
COMMUNICATION - Notice to the City Clerk from King Hershey regarding the submission of the proposed budget for fiscal year ending April 30, 2014 for the Shoal Creek Valley Community Improvement District.


Received And Filed

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

130039
COMMUNICATION - Notice to the City Clerk from the Shops on Blue Parkway Community Improvement District regarding their proposed budget for fiscal year ending April 30, 2014.


Received And Filed

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

130040
COMMUNICATION - Notice to the Mayor and City Council from the City Clerk pursuant to Rule 28-A, listing the Semi-Annual Docket items considered by the Finance, Governance & Ethics Committee, Neighborhhoods & Healthy Communities Committee, Planning, Zoning & Economic Development Committee, and Transportation & Infrastructure Committee. Public Safety & Emergency Services and Legislative Committees had no Semi-Annual Docket items to consider.


Received And Filed
Mayor Pro Tem: The City Clerk has complied with Rule 20-A and Rule 28-A of the Council's Standing Rules by printing the Semi-Annual Docket which listed all ordinances and resolutions more than six months old and not acted on by the Council. Each Committee has made its recommendations as to which of those ordinances should be released, and a list of those recommendations has been provided to the Council as an attachment to the Clerk's Communication No. 130040. Unless otherwise requested, the listed ordinances and resolutions will be release from the docket and are to be deemed "lost." Does anyone have an objection to the release of the listed ordinances? Councilman Ford: I ask that the following ordinances that were recommended for release by the Planning, Zoning and Economic Development Committee remain on the committee docket for an additional six months: 080924,080925,080926,080927,080928 and 080929. These are Southtown Urban Life TIF ordinances, and the TIF staff has recommended that they not be release at this time.
Ayes: 12 - Wagner, Davis, Ford, Johnson, Curls, Reed, Glover, Marcason, Circo, Brooks, Taylor, Sharp
Nays: 0

130015
RESOLUTION - Directing the City Auditor to conduct an audit of the implementation of the City’s Kansas City Museum management agreement with Union Station Kansas City, Inc.  


Adopted

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

121066
Releasing and abating a certain special tax assessment issued by the City upon property owned by Swope Community Builders at 3200 Brighton Avenue.


Passed

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

121072
Providing for submission to the qualified voters of the City for their approval at an election called for Tuesday, April 2, 2013, the question of renewing the ad valorem tax levy for a period of nine years for ambulance services, emergency medical services, hospital and public health purposes at the current level of twenty-two cents ($.22) per one hundred dollars ($100.00) assessed valuation on real and tangible personal property within the City; directing the City Clerk to notify the responsible election authorities of this election; and recognizing this ordinance to be an emergency measure.


Passed

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

121046
RESOLUTION - Approving an amendment to the Greater Downtown Area Plan for approximately an area of less than one acre generally located at the southeast corner of E. 21st Street and Troost Avenue and Missouri Route 71 (1119 E. 21st Street) by changing the recommended land use from Downtown Residential to Industrial. (675-S-1)


Adopted

Ayes: 11 - Wagner, Davis, Ford, Johnson, Curls, Glover, Marcason, Circo, Brooks, Taylor, Sharp
Nays: 0

121047
Rezoning an area of less than 1 acre generally located at the southeast corner of E. 21st Street and Troost Avenue and Missouri Route 71 (1119 E. 21st Street) from District R 1.5 to District B 2-2, to allow for a free standing wireless communication facility. (14339-P)


Passed

Ayes: 11 - Wagner, Davis, Ford, Johnson, Curls, Glover, Marcason, Circo, Brooks, Taylor, Sharp
Nays: 0

121051
Rezoning a 1.23 acre tract of land generally located at the southwest corner of N.E. 82nd Street and N. Oak Trafficway, from Districts B 3-2 and R-7.5 to District B 1-1. (14344-P)


Passed

Ayes: 11 - Wagner, Davis, Ford, Johnson, Curls, Glover, Marcason, Circo, Brooks, Taylor, Sharp
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: 11 - Wagner, Davis, Ford, Johnson, Curls, Glover, Marcason, Circo, Brooks, Taylor, Sharp
Nays: 0

130004
Approving and authorizing execution of a contract in the amount of $148,463.00 with the Kansas City Area Transportation Authority for the City to provide the Authority certain litigation services during the period from January 1, 2013 through December 31, 2013.


Passed

Ayes: 11 - Wagner, Davis, Ford, Johnson, Curls, Glover, Marcason, Circo, Brooks, Taylor, Sharp
Nays: 0

130010
Approving and authorizing settlement of a claim for a Workers' Compensation benefit filed by Thomas Frank for injuries resulting from an accident on March 15, 2005, while employed by the City.


Passed

Ayes: 11 - Wagner, Davis, Ford, Johnson, Curls, Glover, Marcason, Circo, Brooks, Taylor, Sharp
Nays: 0

130017
(Sub.)
Cancelling the City Council standing committee meetings and legislative and business sessions for the weeks of February 11, 2013; March 11, 2013; July 1, 2013; August 5, 2013; November 11, 2013; December 23, 2013; and December 30, 2013; and changing the meeting dates for the week of November 25, 2013


Passed as Substituted

Ayes: 11 - Wagner, Davis, Ford, Johnson, Curls, Glover, Marcason, Circo, Brooks, Taylor, Sharp
Nays: 0

130018
Authorizing the Director of General Services to enter into a five year lease agreement with Habitat for Humanity/Kansas City, Inc., with one five-year option to renew for the ReStore location at 4701 Deramus.


Passed

Ayes: 11 - Wagner, Davis, Ford, Johnson, Curls, Glover, Marcason, Circo, Brooks, Taylor, Sharp
Nays: 0

130019
Authorizing the Director of General Services to execute a lease agreement with Bare Essentials Home Care, Inc., for the lease of City-owned property located at the Robert J. Mohart Multi-Purpose Center, 3200 Wayne Kansas City, Missouri.


Passed

Ayes: 11 - Wagner, Davis, Ford, Johnson, Curls, Glover, Marcason, Circo, Brooks, Taylor, Sharp
Nays: 0

130002
Estimating revenue in the amount of $5,500.00 in the Miscellaneous Contributions account; appropriating it to the Domestic Violence Fund; and recognizing an emergency.


Passed

Ayes: 11 - Wagner, Davis, Ford, Johnson, Curls, Glover, Marcason, Circo, Brooks, Taylor, Sharp
Nays: 0

130024
Authorizing execution of a Settlement Agreement and Release in the case of Kansas City, Missouri Fraternal Order of Police Lodge #99, et al. v. Kansas City Board of Police Commissioners, et al.; reducing the contingent appropriation and appropriating $5 million from the Unappropriated Fund Balance of the General Fund for transfer to the Board of Police Commissioners; and recognizing an emergency.


Passed

Ayes: 11 - Wagner, Davis, Ford, Johnson, Curls, Glover, Marcason, Circo, Brooks, Taylor, Sharp
Nays: 0

130026
Appropriating $900,000.00 from the Unappropriated Fund Balance of the Public Mass Transportation Fund; designating requisition authority; and recognizing an emergency.


Passed

Ayes: 11 - Wagner, Davis, Ford, Johnson, Curls, Glover, Marcason, Circo, Brooks, Taylor, Sharp
Nays: 0

121067
Vacating the north/south alley east of Holly Street from W. 47th Street north to its terminus, Kansas City, Jackson County, Missouri; and directing the City Clerk to record certain documents. (1669-V)


Passed

Ayes: 11 - Wagner, Davis, Ford, Johnson, Curls, Glover, Marcason, Circo, Brooks, Taylor, Sharp
Nays: 0

130001
Appropriating $102,694.00 in the Community Development Block Grant (“CDBG”) Fund and authorizing the Director of Neighborhoods and Housing Services to enter into a contract amendment with Swope Community Builders for construction of housing.


Passed

Ayes: 11 - Wagner, Davis, Ford, Johnson, Curls, Glover, Marcason, Circo, Brooks, Taylor, Sharp
Nays: 0

130013
(Sub.)
Authorizing a Second Amendment to Facility Repair and Maintenance Contract (Contract No. 07110417) for Project Number 62TENIMP with Gardner Construction Company, Inc., for the Kansas City Aviation Department.


Passed as Substituted

Ayes: 11 - Wagner, Davis, Ford, Johnson, Curls, Glover, Marcason, Circo, Brooks, Taylor, Sharp
Nays: 0

130014
Authorizing the Director of Aviation to enter into a contract with Alexander Mechanical Contractors, Inc., for the Overhaul Base Steam & Condensate Repair at the Kansas City International Airport; authorizing the expenditure of approximately $2,760,259.00; and recognizing an emergency.


Passed

Ayes: 11 - Wagner, Davis, Ford, Johnson, Curls, Glover, Marcason, Circo, Brooks, Taylor, Sharp
Nays: 0

130027
Authorizing a contract with Transystems Corporation in the amount of $900,000.00 for the Greater Downtown Traffic Simulation Model project; and recognizing an emergency.


Passed

Ayes: 11 - Wagner, Davis, Ford, Johnson, Curls, Glover, Marcason, Circo, Brooks, Taylor, Sharp
Nays: 0
 
 Councilmember Johnson 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: 11 - Wagner, Davis, Ford, Johnson, Curls, Glover, Marcason, Circo, Brooks, Taylor, Sharp
Nays: 0

130008
Establishing the 2012A Sanitary Sewer Revenue Bond Fund; estimating revenues in the amount of $88,256,869.00 in Fund 8186, the 2012A Sanitary Sewer Revenue Bond Fund and appropriating the same from the sale of Sanitary Sewer System Improvement and Refunding Revenue Bonds, Series 2012A, transferring $230,000.00 from Fund 8110, the Sewer Fund to Fund 8186 and $895,249.00 from Fund 8179, the Sewer Revenue Bonds, Series 2004A Fund to Fund 8186; designating requisitioning authority; and authorizing the Director of Finance to close project accounts upon project completion.


Assigned to Third Read Calendar

130016
Accepting and approving a one year $48,980.00 contract with the Missouri Department of Health and Human Services to conduct tuberculosis control activities in Kansas City, Missouri.


Assigned to Third Read Calendar

121077
RESOLUTION - Approving the 2013 One Year Action Plan (“Plan”) in accordance with the National Affordable Housing Act of 1990, as amended; authorizing submission of said Plan to the U.S. Department of Housing and Urban Development; and certifying said Plan.


Assigned to Third Read Calendar

121068
Rezoning an area of approximately 106 acres generally located at the southeast corner of N.W. 104th Street and N. Amity Avenue from District M 2-3 to District KCIA. (13543-P-6)


Assigned to Third Read Calendar

121070
Amending the KCIA Area Plan, Kansas City International Airport, by changing the recommended land use on about 106 acres generally located at the southeast corner of N.W. 104th Street and N. Amity Avenue from commercial/industrial and open space/buffer to KCIA. (247-S-118)


Assigned to Third Read Calendar

130012
Changing the name of N.W. Baltimore Drive in Claymont North 4th Plat to N. Baltimore Drive, changing the name of Fountain Hills Drive to N.W. Fountain Hills Drive in Fountain Hills 1st, 2nd, 3rd, 6th and 7th Plats and changing the name of that portion of E. 118th Terrace east of Bristol Avenue in the plat of Longview Manor 1st Plat to E. 118th Place


Add to Consent Docket

130021
(Sub.)
Authorizing the City Manager to execute a Redevelopment Contract with Land Clearance Redevelopment Authority and Hospital Hill Economic Development Corporation for development of a grocery store at 27th Street and Troost Avenue within the Beacon Hill Development Project Area.


Assigned Third Read Calendar as Substituted
 
 Councilmember Johnson 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: 11 - Wagner, Davis, Ford, Johnson, Curls, Glover, Marcason, Circo, Brooks, Taylor, Sharp
Nays: 0

130029
Approving the plat of Copperleaf Ninth 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. (SD0980I)


Referred to Planning, Zoning & Economic Development Committee

130032
Authorizing the Director of Water Services to enter into a contract with Crossland Heavy Contractors, Inc. for the First Creek Sewer Pump Station and Force Main project for approximately $7,665,000.00; and authorizing the expenditure of approximately $8,430,000.00.


Referred to Transportation & Infrastructure Committee

130033
Authorizing the Director of Water Services to enter into a contract with Kissick Construction Company, Inc. for the Second Creek Interim Sewer Pump Station and Force Main project for approximately $2,376,000.00; and authorizing the expenditure of approximately $2,610,000.00.


Referred to Transportation & Infrastructure Committee

130034
Authorizing a Water Purchase Agreement between Public Water Supply District Number 2 of Clay County, Missouri, and Kansas City, Missouri, for a period of twenty (20) years.


Referred to Transportation & Infrastructure Committee

130035
Approving Pipeline Supplementary Workforce Change Order No. 1 with Beemer Construction Company, Inc.; and authorizing the Director of Water Services to expend approximately $378,000.00.


Referred to Transportation & Infrastructure Committee

130041
Repealing various provisions of Chapters 2, Code of Ordinances; repealing and reenacting various provisions of Chapter 38, Code of Ordinances; enacting a new Chapter 3, Code of Ordinances, dedicated to city contracting processes and programs; and establishing an effective date.


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.