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Last Published: 7/21/2011 5:30:11 PM
KANSAS CITY COUNCIL RECORD
 
Upon Roll Call the following members were present:
Presided:1 - CINDY CIRCO
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 - SYLVESTER JAMES, JR.
 

110545
RESOLUTION - Welcoming UniverSoul Circus to Kansas City.


Adopted

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

110561
RESOLUTION - Honoring James Williams for being named Labor’s Representative of the Year by Labor’s Educational and Political Club Independent (LEPCI).


Adopted

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

110546
COMMUNICATION - EMERGENCY REGULATIONS E41209-E41217


Received And Filed

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

110548
COMMUNICATION - Notice received from Red Bridge Community Improvement District regarding their Annual Report for fiscal year 2010/2011.


Received And Filed

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

110553
COMMUNICATION - Notice received from the various election boards certifying signatures for the Initiative Petition for Light Rail Based Transit petition as being insufficient.


Received And Filed

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

110554
COMMUNICATION - Notice to the Mayor and City Council from the City Clerk regarding a Certificate of Insufficiency for a Initiative for Light Rail Based Transit issued on July 19, 2011.


Received And Filed

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

110562
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, Planning, Zoning & Economic Development Committee, Public Safety & Emergency Services Committee and Transportation & Infrastructure Committee. The Neighborhoods & Healthy Communities Committee had no Semi-Annual Docket items to consider.


Received And Filed

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

110549
RESOLUTION - Supporting an application to the U.S. Department of Justice for the Edward Byrne Memorial Justice Assistance Grant Program. 


Adopted

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

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)


Passed

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


Passed

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

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.


Passed

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

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.


Passed

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

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)


Passed as Substituted

Ayes: 10 - Wagner, Davis, Ford, Johnson, Curls, Reed, Glover, Marcason, Circo, Brooks
Nays: 2 - Taylor, Sharp

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. 


Passed as Substituted

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

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.


Adopted

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

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)


Adopted as Substituted

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

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)


Passed as Substituted

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

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.


Passed as Substituted

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

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.


Passed as Substituted

Ayes: 12 - Wagner, Davis, Ford, Johnson, Curls, Reed, Glover, Marcason, Circo, Brooks, Taylor, Sharp
Nays: 0
 
 Councilmember Wagner Move to Waive Charter Requirement
I MOVE THAT THE CHARTER REQUIREMENTS FOR READING OF ORDINANCE NO(S): ADVANCE CONSENTS: 1. 110540 ADVANCE DEBATES: 1. 110523 (sub) 4. 110543 6. 110535 8. 110532 2. 110525 5. 110526 (sub) 7. 110527 9. 110544 (sub) 3. 110539 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, Circo, Brooks, Taylor, Sharp
Nays: 0

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.


Passed

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

110523
(Sub.)
Estimating revenue in the amount of $100,000.00 in the General Fund; and appropriating $100,000.00 to the Neighborhood and Community Services Department for the Nuisance Abatement Program.


Passed as Substituted

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

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.


Passed

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

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.


Passed

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

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.


Passed

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

110526
(Sub.)
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.


Passed as Substituted

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

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.


Passed

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

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.


Passed

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

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.


Passed

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

110544
(Sub.)
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; and recognizing an emergency.


Passed as Substituted

Ayes: 12 - Wagner, Davis, Ford, Johnson, Curls, Reed, Glover, Marcason, Circo, Brooks, Taylor, Sharp
Nays: 0
 
 Councilmember Marcason 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 ON PAGE 7 OF TODAY’S DOCKET AND THAT THESE ORDINANCES BE PLACED ON THE DOCKET NEXT WEEK FOR THIRD READING.
 
Ayes: 12 - Wagner, Davis, Ford, Johnson, Curls, Reed, Glover, Marcason, Circo, Brooks, Taylor, Sharp
Nays: 0

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.


Assigned to Third Read Calendar

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.


Assigned to Third Read Calendar

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)


Add to Consent Docket

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.


Assigned to Third Read Calendar

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.


Assigned to Third Read Calendar

110536
Approving various traffic regulations.


Assigned to Third Read Calendar
 
 Councilmember Marcason Move to Waive Charter Requirement
I MOVE THAT THE CHARTER REQUIREMENT FOR READING OF ORDINANCES ON THREE SEPARATE OCCASIONS BE WAIVED FOR THE ORDINANCES ON FIRST READING ON PAGES 8-9 OF TODAY’S DOCKET 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, Taylor, Sharp
Nays: 0

110550
Estimating revenues in the amount of $190,881,392.00 in Fund No. 5401, the Refunding Bond Fund and appropriating the same from the sale of Industrial Development Authority of the City of Kansas City, Missouri (“IDA”) Tax-Exempt Refunding Revenue Bonds (Kansas City Downtown Redevelopment District), Series 2011A Bonds; transferring $2,546,202.00 from Fund No. 3310, the KC Live Series District 4 Fund to Fund No. 5401, the Refunding Bond Fund; estimating revenues in the amount of $845,610.00 in Fund No. 5320, the KC Downtown Redevelopment District Debt Fund; appropriating $954,241.00 from Fund No. 5320, the KC Downtown Redevelopment District Debt Fund; designating requisitioning authority; and authorizing the Director of Finance to close project accounts upon project completion.


Referred to Finance, Governance & Ethics Committee

110551
Approving and authorizing settlement of a claim for a workers' compensation benefit filed by John Pisciotta for injuries resulting from an accident on October 13, 2010, while employed by the City.


Referred to Finance, Governance & Ethics Committee

110556
Approving and authorizing settlement of a claim by Karen Henderson, Claim No. T1011-1082.


Referred to Finance, Governance & Ethics Committee

110557
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. 1116-CV04074.


Referred to Finance, Governance & Ethics Committee

110555
Accepting and approving a $350,172.00 contract with SAVE, Inc., to provide additional funding for the coordination and administration of the Shelter Plus Care program which provides housing assistance for homeless persons living with HIV/AIDS; and declaring an emergency.


Referred to Neighborhoods & Healthy Communities Committee

110560
Revoking a previously approved preliminary plan in District B1-1 (Neighborhood Business 1), on about 0.27 acres generally located at 4240 Southwest Trafficway. (14189-P)


Referred to Planning, Zoning & Economic Development Committee

110563
Authorizing execution of a second amendment to the contract between the City, the Economic Development Corporation of Kansas City, Missouri (“EDC”), the Land Clearance for Redevelopment Authority of Kansas City, Missouri, the Tax Increment Financing Commission of Kansas City, Missouri, the Downtown Economic Stimulus Authority of Kansas City, Missouri, and the Enhanced Enterprise Zone Boards of Kansas City, Missouri, which provides for a five-month extension of the current contract and an option for the City to extend an additional four months.


Referred to Planning, Zoning & Economic Development Committee

110552
Reducing appropriations in the 2007A GO Bond Fund in the amount of $399,069.00; appropriating that amount to an account in the 2007A GO Bond Fund; and designating requisitioning authority.


Referred to Transportation & Infrastructure Committee

110558
Authorizing the Director of Public Works to execute a Cooperative Agreement between the cities of Kansas City, Sugar Creek and Independence for the right-of-way and final design of the Sterling Avenue Extension and the preliminary and right-of-way design of a segment of the Lewis and Clark Expressway; and recognizing an emergency.


Referred to Transportation & Infrastructure Committee

110559
Authorizing the Director of Public Works to enter into a Cooperative Agreement with the Shoal Creek Parkway/North Oak Trafficway Transportation Development District for improvements to the N.W. 108th Street Corridor.


Referred to Transportation & Infrastructure Committee
 
 Councilmember Sharp Move to Reconsider
 
Ayes: 12 - Wagner, Davis, Ford, Johnson, Curls, Reed, Glover, Marcason, Circo, Brooks, Taylor, Sharp
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 Ford
Ayes: 12 - Wagner, Davis, Ford, Johnson, Curls, Reed, Glover, Marcason, Circo, Brooks, Taylor, Sharp
Nays: 0


Passed as Amended and Further Amended

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

110564
Amending Section 88-445-11-B of the Zoning and Development Code to alter the requirements regarding council approved signage plans. 


Referred to Planning, Zoning & Economic Development Committee
 
 Mayor: The City Clerk has presented the semi-annual docket which lists those ordinances/resolutions which the City Council committees have requested be released or deemed lost. Is there any member of who wants to request that any other ordinance/resolution be released from the semi-annual docket actually and remain on the Council's semi-annual docket? (If they care to, members can be recognized and ask that other ordinances beheld on the docket) Mayor: The ordinances/resolutions listed by the clerk (and/or requested by a councilmember) to be released from the semi-annual docket shall be deemed defeated and all other ordinances on the semi-annual docket will remain.
 
MISCELLANEOUS BUSINESS
 
 Consideration of Semi-Annual Docket Items. 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.