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Last Published: 8/19/2011 12:19:38 PM
KANSAS CITY COUNCIL RECORD
 
Upon Roll Call the following members were present:
Presided:1 - SYLVESTER JAMES, JR.
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
 

110621
RESOLUTION - Honoring Rob Kinder for his many years of service on the Public Improvements Advisory Committee.


Adopted

Ayes: 13 - Wagner, Davis, Ford, Johnson, Curls, Reed, Glover, Marcason, Circo, Brooks, Taylor, Sharp, James, Jr.
Nays: 0

110635
RESOLUTION - Honoring Wes Minder as a Rich Noll Pacesetter for August 2011.


Adopted

Ayes: 13 - Wagner, Davis, Ford, Johnson, Curls, Reed, Glover, Marcason, Circo, Brooks, Taylor, Sharp, James, Jr.
Nays: 0

110636
RESOLUTION - Honoring Henry Cooper as a Rich Noll Pacesetter for August 2011.


Adopted

Ayes: 13 - Wagner, Davis, Ford, Johnson, Curls, Reed, Glover, Marcason, Circo, Brooks, Taylor, Sharp, James, Jr.
Nays: 0

110614
COMMUNICATION - August 2011- Accepting twenty(20) easements, and deeds in Jackson County, Missouri and requesting that the City Clerk record the acceptance with the recorder of deeds in said county.


Received And Filed

Ayes: 13 - Wagner, Davis, Ford, Johnson, Curls, Reed, Glover, Marcason, Circo, Brooks, Taylor, Sharp, James, Jr.
Nays: 0

110619
COMMUNICATION - Accepting the deed for 6750 Eastwood Trfy in Jackson County, Missouri and directing the City Clerk to record the acceptance


Received And Filed

Ayes: 13 - Wagner, Davis, Ford, Johnson, Curls, Reed, Glover, Marcason, Circo, Brooks, Taylor, Sharp, James, Jr.
Nays: 0

110638
COMMUNICATION - Notice to the City Clerk from the Platte County Missouri Clerk regarding the 2011 Aggregate Assessed Valuation for the City of Kansas City, Mo.


Received And Filed

Ayes: 13 - Wagner, Davis, Ford, Johnson, Curls, Reed, Glover, Marcason, Circo, Brooks, Taylor, Sharp, James, Jr.
Nays: 0

110639
COMMUNICATION - Notice from King Hershey to the City Clerk regarding the Annual Report for fiscal year ending April 30, 2011 for the Shoal Creek Valley Community Improvement District.


Received And Filed

Ayes: 13 - Wagner, Davis, Ford, Johnson, Curls, Reed, Glover, Marcason, Circo, Brooks, Taylor, Sharp, James, Jr.
Nays: 0

110578
RESOLUTION - Amending the Shoal Creek Valley Area Plan for a 62 acre tract of land generally located at the northwest corner of N.E. Soccer Drive and I-435 by changing the recommended land use from residential to office uses. (405-S-44)


Adopted

Ayes: 13 - Wagner, Davis, Ford, Johnson, Curls, Reed, Glover, Marcason, Circo, Brooks, Taylor, Sharp, James, Jr.
Nays: 0

110640
RESOLUTION - Urging the Board of Parks and Recreation Commissioners to make available community centers throughout the City for Friday evening and Saturday evening programming for middle school-aged and high school-aged young people; urging the Board of Parks and Recreation Commissioners to seek out and work with organizations interested in the wellbeing of young people to support appropriate programs for those times; and directing the City Manager to identify funds for City support of such programming.


Adopted

Ayes: 13 - Wagner, Davis, Ford, Johnson, Curls, Reed, Glover, Marcason, Circo, Brooks, Taylor, Sharp, James, Jr.
Nays: 0
 
 Councilmember Marcason Move to Waive Charter Requirement
I MOVE THAT THE CHARTER REQUIREMENTS FOR READING OF ORDINANCE NO(S): ADVANCE CONSENTS: There are no consent items this week. ADVANCE DEBATES: 1. 110594 (sub) 5. 110597 9. 110599 (sub) 13. 110610 2. 110560 6. 110598 10. 110600 (sub) 3. 110579 7. 110589 (sub) 11. 110608 4. 110585 8. 110590 12. 110609 ON THREE SEPARATE DAYS BE WAIVED AND THAT THESE ORDINANCES BE ADVANCED FOR FINAL READING AND CONSIDERATION AT THIS TIME.
 
Ayes: 13 - Wagner, Davis, Ford, Johnson, Curls, Reed, Glover, Marcason, Circo, Brooks, Taylor, Sharp, James, Jr.
Nays: 0

110594
(Sub.)
Amending Ordinance No. 110163 by repealing Section 1 and enacting in its place a new Section 1, increasing the taxes levied for the general fund, health fund, and museum fund.


Passed as Substituted

Ayes: 13 - Wagner, Davis, Ford, Johnson, Curls, Reed, Glover, Marcason, Circo, Brooks, Taylor, Sharp, James, Jr.
Nays: 0

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)


Passed

Ayes: 13 - Wagner, Davis, Ford, Johnson, Curls, Reed, Glover, Marcason, Circo, Brooks, Taylor, Sharp, James, Jr.
Nays: 0

110579
Rezoning an area of approximately 62 acres generally located at the northwest corner of N.E. Soccer Drive and I-435 from District R-80 to District O-2. (14205-P)


Passed

Ayes: 13 - Wagner, Davis, Ford, Johnson, Curls, Reed, Glover, Marcason, Circo, Brooks, Taylor, Sharp, James, Jr.
Nays: 0

110585
Rezoning an area of approximately 10 acres generally located at the southeast corner of Emanuel Cleaver II Boulevard and Troost Avenue from Districts M-1 and C-3a2 to District URD, and approving a development plan to allow the construction of 10 residential units and 64,620 square feet of retail/commercial space. (12034-URD-2)


Passed

Ayes: 13 - Wagner, Davis, Ford, Johnson, Curls, Reed, Glover, Marcason, Circo, Brooks, Taylor, Sharp, James, Jr.
Nays: 0

110597
Authorizing the Director of Housing and Community Development to enter into contracts up to $2,192,000.0 with various organizations to provide public facility, housing and economic development services from Community Development Block Grant and HOME Investment Partnership Program funding approved in the 2011 One Year Action Plan.


Passed

Ayes: 13 - Wagner, Davis, Ford, Johnson, Curls, Reed, Glover, Marcason, Circo, Brooks, Taylor, Sharp, James, Jr.
Nays: 0

110598
Authorizing acceptance of a grant from the U.S. Department of Housing and Urban Development for the Community Development Block Grant Program in the amount of $7,655,301.00, the HOME Investment Partnerships Program in the amount of $2,680,688.00, the Emergency Shelter Grant Program in the amount of $ 370,888.00, and the Housing Opportunities for Persons With AIDS Program in the amount of $1,110,292.00, for the total amount of $11,817,169.00; reducing revenues in the Community Development Fund in the amount of $844,699.00, the HOME Investment Partnerships Program Fund in the amount of $119,312.00, and the Emergency Shelter Grant Program in the amount of $16,450.00; increasing revenues in the Housing Opportunities for Persons With AIDS Program in the amount of $1,770.00; reducing and increasing appropriations in the Community Development Fund, HOME Investment Partnerships Program Fund, Emergency Shelter Grant Program, and the Housing Opportunities for Persons With AIDS Program to adjust allocations in accordance with the approved 2011 One Year Action Plan.


Passed

Ayes: 13 - Wagner, Davis, Ford, Johnson, Curls, Reed, Glover, Marcason, Circo, Brooks, Taylor, Sharp, James, Jr.
Nays: 0

110589
(Sub.)
Authorizing the transfer of $424,435.81 in the Capital Improvement Fund from the Capital Projects Department account to the Public Works Department account; and designating requisitioning authority.


Passed as Substituted

Ayes: 13 - Wagner, Davis, Ford, Johnson, Curls, Reed, Glover, Marcason, Circo, Brooks, Taylor, Sharp, James, Jr.
Nays: 0

110590
Authorizing a $109,102.00 Amendment No. 2 with Olsson Associates for professional services for the 12th Street Viaduct Bridge Over Railroad (Phase 3).


Passed

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

110599
(Sub.)
Authorizing the Director of Parks and Recreation to execute a cooperative agreement with the Missouri Department of Transportation for use of Transportation, Community and System Preservation grant funds for the Brush Creek Beautification Project; estimating revenue and appropriating $999,829.00 to the Capital Improvements Fund; designating requisitioning authority; and recognizing an emergency.


Passed as Substituted

Ayes: 13 - Wagner, Davis, Ford, Johnson, Curls, Reed, Glover, Marcason, Circo, Brooks, Taylor, Sharp, James, Jr.
Nays: 0

110600
(Sub.)
Amending Ordinance No. 090994 that approved receipt of a $444,660.00 grant for the Brush Creek Trail Enhancement project by authorizing use of the funds for the Emanuel Cleaver II Boulevard Streetscape Improvements project; and recognizing an emergency.


Passed as Substituted

Ayes: 13 - Wagner, Davis, Ford, Johnson, Curls, Reed, Glover, Marcason, Circo, Brooks, Taylor, Sharp, James, Jr.
Nays: 0

110608
Reducing an appropriation in the Capital Improvements Fund in the amount of $1,200,000.00; appropriating that amount to the Capital Improvements Fund for Phelps Road Improvements; authorizing the Director of Capital Projects Department to enter into a contract with Radmacher Brothers Excavating Co., Inc. for the Phelps Road & US 40 Hwy Intersection Improvements project; authorizing the expenditure of approximately $1,530,000.00; approving project management costs; directing the Public Improvements Advisory Committee to move citywide funding for Phelps Road Improvements; and recognizing an emergency.


Passed

Ayes: 13 - Wagner, Davis, Ford, Johnson, Curls, Reed, Glover, Marcason, Circo, Brooks, Taylor, Sharp, James, Jr.
Nays: 0

110609
Estimating revenue and appropriating $1,859,807.33 in the ARRA Stimulus Fund; authorizing a contract with National Streetscape for Green Impact Zone - Prospect and 51st Street; authorizing the Director of Public Works to expend approximately $1,860,000.00 for the project; and recognizing an emergency.


Passed

Ayes: 13 - Wagner, Davis, Ford, Johnson, Curls, Reed, Glover, Marcason, Circo, Brooks, Taylor, Sharp, James, Jr.
Nays: 0

110610
Estimating revenue and appropriating $2,395,640.92 in the ARRA Stimulus Fund; authorizing a contract with Intec Construction for Green Impact Zone - Boulevards & Parkways; authorizing the Director of Public Works to expend approximately $2,396,000.00 for the project; and recognizing an emergency.


Passed

Ayes: 13 - Wagner, Davis, Ford, Johnson, Curls, Reed, Glover, Marcason, Circo, Brooks, Taylor, Sharp, James, Jr.
Nays: 0
 
 Councilmember Circo 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 6 OF TODAY’S DOCKET AND THAT THESE ORDINANCES BE PLACED ON THE DOCKET NEXT WEEK FOR THIRD READING.
 
Ayes: 13 - Wagner, Davis, Ford, Johnson, Curls, Reed, Glover, Marcason, Circo, Brooks, Taylor, Sharp, James, Jr.
Nays: 0

110602
(Sub.)
RESOLUTION - Declining to place before the voters a proposed ordinance prohibiting the production of any components for nuclear weapons at 14500 Botts Road as proposed by a committee of petitioners.


Assigned Third Read Calendar as Substituted

110595
Approving the plat of Barry Plaza, Replat of Lot 11, Barry Plaza - Fourth Plat and Tract D, Barry Plaza Detention 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. (SD0941H)


Add to Consent Docket

110601
Authorizing the Capital Projects Department to execute a Purchase and Sale Contract with the State of Missouri acting by and through the State Highway Commission of Missouri for improvements to NE Chouteau Trafficway.


Assigned to Third Read Calendar
 
 Councilmember Circo 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 7-10 OF TODAY’S DOCKET AND THAT THESE ORDINANCES BE INTRODUCED AS LISTED TO THE COMMITTEE SO DESIGNATED.
 
Ayes: 13 - Wagner, Davis, Ford, Johnson, Curls, Reed, Glover, Marcason, Circo, Brooks, Taylor, Sharp, James, Jr.
Nays: 0

110613
Approving and authorizing settlement of a claim for a workers' compensation benefit filed on behalf of Terrance Crockett for injuries and death resulting from an accident on March 17, 2008, while employed by the City.


Referred to Finance, Governance & Ethics Committee

110618
Amending Chapter 40, Article II, Code of Ordinances, by repealing Section 40-166, Rental car license fee, and enacting in its place a new section of like number and subject matter to impose an hourly license fee for passenger cars rented on an hourly basis, while retaining the $4.00 per day license fee for daily car rentals and the annual gross receipts license fee.


Referred to Finance, Governance & Ethics Committee

110620
Renaming Fund No. 3980 as the "George E. Wolf Parking Garage Fund".


Referred to Finance, Governance & Ethics Committee

110641
Authorizing the Director of Finance to pledge $650,000.00 from the City’s current time deposit with Mazuma as collateral for a line of credit issued to the Jazz District Redevelopment Corporation (“JDRC”); authorizing the Director of Finance the option of one one-year renewal term; and authorizing the Director of Housing and Community Development to enter into a development agreement with JDRC outlining the terms for the use of the City’s collateral.


Referred to Finance, Governance & Ethics Committee

110615
Accepting and approving a one year $35,510.00 contract with the Missouri Department of Health and Senior Services to conduct preventive health screening of all newly arriving refugees in Kansas City; and increasing revenue and appropriations by $10,132.00 in the Governmental Grants Fund.


Referred to Neighborhoods & Healthy Communities Committee

110616
Reestimating revenues and appropriations in the amount of $26,127.00 for the Missouri Department of Health and Senior Services, 2011 Child and Adult Food Program account in the General Fund.


Referred to Neighborhoods & Healthy Communities Committee

110617
Approving the "353" Development Plan submitted by the 39th Street and State Line Redevelopment Corporation for the property located at 3895 State Line Road; declaring the area included in such plan to be a blighted area and its redevelopment necessary for the preservation of the public peace, prosperity, health, safety, morals and welfare; authorizing the Director of Finance to enter into a contract with the 39th Street and State Line Redevelopment Corporation; authorizing certain tax abatement within the plan area; and granting the 39th Street and State Line Redevelopment Corporation all of the rights, powers and immunities provided by law for use by an urban redevelopment corporation. (690-S)


Referred to Planning, Zoning & Economic Development Committee

110629
RESOLUTION - Amending the Westport Planning Area Plan for approximately 0.65 acres generally located at northeast corner of State Line Road and 39th Street to change from retail and one/two family dwellings to mixed-use. (132-S-37)


Referred to Planning, Zoning & Economic Development Committee

110630
Rezoning an area of approximately 0.65 acres generally located at the northeast corner of 39th Street and State Line Road from Districts R-2.5 and B3-2 to District UR and approving a development plan to allow for approximately 70 multifamily units and approximately 4,000 square feet of retail space. (14212-UR)


Referred to Planning, Zoning & Economic Development Committee

110637
Detaching from the City approximately 5.37 acres generally located west of Missouri Route A, north of N.E. 104th Street and south of N.E. 112th Street. (100-AN-10)


Referred to Planning, Zoning & Economic Development Committee

110643
Vacating the west connection of N.W. 96th Street to U.S. 169 west of the westerly right of way of U.S. 169 to approximately 2200 west of the westerly right of way of U.S. 169, Kansas City, Clay County, Missouri; and directing the City Clerk to record certain documents. (1651-V)


Referred to Planning, Zoning & Economic Development Committee

110632
Amending Chapter 10, Code of Ordinances, by repealing Section 10-211, number of retail alcoholic beverage licenses, and enacting in lieu thereof a new section of like number and subject matter which allows a store to bypass the density requirement and apply for a sales by package liquor license if the size of the building is not less than 5,000 square feet and an average of 70 percent or more of its total gross receipts, other than receipts from the sale of motor vehicle fuel, are from sales of inventory excluding alcoholic beverages.


Referred to Public Safety & Emergency Services Committee

110622
Condemning and taking private property interests for public use in the vicinity of 58th Street and Topping Avenue, in Kansas City, Jackson County, Missouri; providing for the payment of just compensation; authorizing continued negotiations by the Capital Projects Department; consenting to the filing of the petition for condemnation by the City Attorney on behalf of the City; and authorizing the City Clerk to cause this ordinance to be recorded in the office of the Recorder of Deeds for Kansas City, Jackson County, Missouri.


Referred to Transportation & Infrastructure Committee

110623
Authorizing a contract with Superior Bowen Asphalt Co., LLC, for the project to Reconstruct RW 19R – Phase 1 at Kansas City International Airport; authorizing the expenditure of $12,107,033.00; and recognizing an emergency.


Referred to Transportation & Infrastructure Committee

110624
Authorizing Amendment No. 6 to an agreement with Burns and McDonnell Engineering Co., Inc., for the project to Reconstruct RW 1L-19R at Kansas City International Airport; authorizing the Director of Aviation to expend $263,413.00; and recognizing an emergency.


Referred to Transportation & Infrastructure Committee

110625
Authorizing a contract with Ideker, Inc., for the Taxiway Pavement Rehabilitation Phase 1 Project at the Charles B. Wheeler Downtown Airport; authorizing the expenditure of $3,895,091.23; and recognizing an emergency.


Referred to Transportation & Infrastructure Committee

110626
Approving Amendment No. 2 with Crawford, Murphy and Tilly, Inc., for the Taxiway Pavement Repairs project at the Charles B. Wheeler Downtown Airport; authorizing the Director of Aviation to expend $483,802.27; and recognizing an emergency.


Referred to Transportation & Infrastructure Committee

110627
Authorizing the Director of Aviation to enter into a contract with Mark One Electric Co., Inc., for the Terminal CCTV Camera Deployment project at Kansas City International Airport; authorizing the expenditure of $8,614,317.00; and recognizing an emergency.


Referred to Transportation & Infrastructure Committee

110628
Authorizing Amendment No. 3 to an agreement with AECOM Technical Services, Inc., for the Terminal CCTV Camera Deployment project at Kansas City International Airport; authorizing the Director of Aviation to expend $706,261.00; and recognizing an emergency.


Referred to Transportation & Infrastructure Committee

110631
Declaring it necessary to change and re-establish the grades on North Indiana Avenue, from the Gladstone city limits line southerly to approximately 475 feet south of NE 55th Street, all in Kansas City, Clay County, Missouri; and directing the City Clerk to cause a notice to be published as provided for herein.


Referred to Transportation & Infrastructure Committee

110633
Appropriating $342,629.80 from the Unappropriated Fund Balance of the Downtown Arena Debt Fund for the purpose of funding improvements along Oak Street; and recognizing an emergency.


Referred to Transportation & Infrastructure Committee

110634
Reducing appropriations and appropriating $80,000.00 for improvements to the KC Live parking garages.


Referred to Transportation & Infrastructure Committee

110642
Declaring it necessary to establish or change and reestablish the grades of, and the relocation, opening, establishing and dedicating of Street Right of Way on N. W. 96th Street and N.W. 108th Street and connecting streets, N. Holly Street, N. Summit Street, N. Northbrooke Drive, N. Main Street, N. Walnut Street, N. Grand Avenue, N. McGee Street, N. Kenwood Street, N. Holmes Street, and N. Campbell Street, all in Kansas City, Clay County, Missouri; and directing the City Clerk to cause a notice to be published as provided for herein.


Referred to Transportation & Infrastructure Committee
 
 Councilmember Ford Move To Introduce
 
Ayes: 13 - Wagner, Davis, Ford, Johnson, Curls, Reed, Glover, Marcason, Circo, Brooks, Taylor, Sharp, James, Jr.
Nays: 0

110644
RESOLUTION - Expressing the Council’s intent to accommodate redevelopment of that certain real property commonly known as “Valencia II” located between Pennsylvania Avenue and Broadway adjacent to the now-vacated 46th Terrace right-of-way, Kansas City, Jackson County, Missouri (the “Valencia II Property”) for use as Class A office space.


Referred to Planning, Zoning & Economic Development Committee
 
 Councilmember Marcason Move To Introduce
 
Ayes: 13 - Wagner, Davis, Ford, Johnson, Curls, Reed, Glover, Marcason, Circo, Brooks, Taylor, Sharp, James, Jr.
Nays: 0

110645
Reducing appropriations in the 2007A GO Bond Fund and appropriating $136,836.93 to the Broadway Bridge over I-670 project; and recognizing an emergency.


Passed

Ayes: 13 - Wagner, Davis, Ford, Johnson, Curls, Reed, Glover, Marcason, Circo, Brooks, Taylor, Sharp, James, Jr.
Nays: 0
 
 Councilmember Ford Move To Introduce
COUNCILMAN FORD MOVED TO WAIVE REQUIREMENTS AND ADVANCE ORDINANCE FOR FINAL CONSIDERATION. COUNCILMAN WAGNER SECONDED.
 
Ayes: 13 - Wagner, Davis, Ford, Johnson, Curls, Reed, Glover, Marcason, Circo, Brooks, Taylor, Sharp, James, Jr.
Nays: 0
 
 Councilmember Ford Move to Amend
COUNCILMAN FORD MOVED TO AMEND THE ORDINANCE. COUNCILMAN WAGNER SECONDED
 
Ayes: 13 - Wagner, Davis, Ford, Johnson, Curls, Reed, Glover, Marcason, Circo, Brooks, Taylor, Sharp, James, Jr.
Nays: 0

110646
(Sub.)
Amending Article VII of Chapter 50, Code of Ordinances, by repealing Section 50-237, Curfew for persons under 18 years of age, and enacting in lieu thereof a new Section 50-237, “Citywide curfews for persons under 18 years of age” and a new Section 50-238, “Entertainment District: extended curfews for persons under 18 years of age” and declaring an emergency.


Passed as Amended

Ayes: 13 - Wagner, Davis, Ford, Johnson, Curls, Reed, Glover, Marcason, Circo, Brooks, Taylor, Sharp, James, Jr.
Nays: 0
 
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.