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Last Published: 8/26/2016 10:14:43 AM
KANSAS CITY COUNCIL RECORD
 
Upon Roll Call the following members were present:
Presided:1 - SYLVESTER JAMES, JR.
Present:12 - SCOTT WAGNER, HEATHER HALL, TERESA LOAR, DAN FOWLER, QUINTON LUCAS, JERMAINE REED, KATHERYN SHIELDS, JOLIE JUSTUS, LEE BARNES JR., ALISSIA CANADY, SCOTT TAYLOR, KEVIN MCMANUS
 

160640
RESOLUTION - In Memory of Dr. Julia Hill who passed away August 11, 2016.

160624
RESOLUTION - Recognizing Mr. Frank White Jr. for his numerous accomplishments and his receiving of the Outstanding Kansas Citian Award presented by The Native Sons and Daughters of Greater Kansas City.


Adopted

Ayes: 13 - Wagner, Hall, Loar, Fowler, Lucas, Reed, Shields, Justus, Barnes Jr., Canady, Taylor, McManus, James, Jr.
Nays: 0

160628
RESOLUTION - Honoring Rockie Henry on the occasion of his retirement for over 24 years of dedicated service with the City of Kansas City.


Adopted

Ayes: 13 - Wagner, Hall, Loar, Fowler, Lucas, Reed, Shields, Justus, Barnes Jr., Canady, Taylor, McManus, James, Jr.
Nays: 0

160632
RESOLUTION - Recognizing Alpha Energy and Electric, Inc. as a KC Chamber’s 2016 Top 10 Small Business of the Year Award Recipient.


Adopted

Ayes: 13 - Wagner, Hall, Loar, Fowler, Lucas, Reed, Shields, Justus, Barnes Jr., Canady, Taylor, McManus, James, Jr.
Nays: 0

160635
RESOLUTION - Declaring Thursday, August 18 through Monday August 29, 2016 as Charlie Parker Celebration Week in Kansas City.


Adopted

Ayes: 13 - Wagner, Hall, Loar, Fowler, Lucas, Reed, Shields, Justus, Barnes Jr., Canady, Taylor, McManus, James, Jr.
Nays: 0

160583
COMMUNICATION - Notice to the Mayor and City Council from the City Manager regarding the Requests for Expenditure of Funds. Staff has accepted no funding request for the month of July, 2016.


Received And Filed

Ayes: 13 - Wagner, Hall, Loar, Fowler, Lucas, Reed, Shields, Justus, Barnes Jr., Canady, Taylor, McManus, James, Jr.
Nays: 0

160584
COMMUNICATION - EMERGENCY REGULATIONS E42140-E42141


Received And Filed

Ayes: 13 - Wagner, Hall, Loar, Fowler, Lucas, Reed, Shields, Justus, Barnes Jr., Canady, Taylor, McManus, James, Jr.
Nays: 0

160585
COMMUNICATION - EMERGENCY REGULATIONS E42145-E42149


Received And Filed

Ayes: 13 - Wagner, Hall, Loar, Fowler, Lucas, Reed, Shields, Justus, Barnes Jr., Canady, Taylor, McManus, James, Jr.
Nays: 0

160586
COMMUNICATION - EMERGENCY REGULATIONS E42150-E42155


Received And Filed

Ayes: 13 - Wagner, Hall, Loar, Fowler, Lucas, Reed, Shields, Justus, Barnes Jr., Canady, Taylor, McManus, James, Jr.
Nays: 0

160590
COMMUNICATION - Notice received from Husch Blackwell Law Firm to the City Clerk regarding a Petition to establish the Uptown Community Improvement District.


Referred to Planning, Zoning & Economic Development Committee

160615
COMMUNICATION - EMERGENCY REGULATION E42165


Received And Filed

Ayes: 13 - Wagner, Hall, Loar, Fowler, Lucas, Reed, Shields, Justus, Barnes Jr., Canady, Taylor, McManus, James, Jr.
Nays: 0

160618
COMMUNICATION - EMERGENCY REGULATIONS E42166-E42171


Received And Filed

Ayes: 13 - Wagner, Hall, Loar, Fowler, Lucas, Reed, Shields, Justus, Barnes Jr., Canady, Taylor, McManus, James, Jr.
Nays: 0

160627
COMMUNICATION - Notice to the Mayor and Council from the various election authorities certifying the results from the August 2, 2016 Special Election.


Received And Filed

Ayes: 13 - Wagner, Hall, Loar, Fowler, Lucas, Reed, Shields, Justus, Barnes Jr., Canady, Taylor, McManus, James, Jr.
Nays: 0

160613
RESOLUTION - Designating the City’s director with respect to the Kansas City Downtown Streetcar Transportation Development District.


Adopted

Ayes: 13 - Wagner, Hall, Loar, Fowler, Lucas, Reed, Shields, Justus, Barnes Jr., Canady, Taylor, McManus, James, Jr.
Nays: 0

160614
RESOLUTION - Appointing replacement public directors to the Kansas City Streetcar Authority.


Adopted

Ayes: 13 - Wagner, Hall, Loar, Fowler, Lucas, Reed, Shields, Justus, Barnes Jr., Canady, Taylor, 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 “Committee Advances” and that these ordinances be advanced for final reading and consideration at this time.
 
Ayes: 13 - Wagner, Hall, Loar, Fowler, Lucas, Reed, Shields, Justus, Barnes Jr., Canady, Taylor, McManus, James, Jr.
Nays: 0

160562
Amending Section 2-112, Code of Ordinances, entitled “Duties of city auditor”, by requiring city departments, boards, commissions, and other offices to respond and make progress reports on the implementation of audit report recommendations.


Passed

Ayes: 13 - Wagner, Hall, Loar, Fowler, Lucas, Reed, Shields, Justus, Barnes Jr., Canady, Taylor, McManus, James, Jr.
Nays: 0

160481
(Sub.)
Amending Chapter 34, Code of Ordinances, by repealing Section 34-378 relating to the regulation of special events and scheduled mass gatherings within the prehospital emergency medical services system and enacting in lieu thereof one new section of like number and subject.


Passed as Substituted

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

160527
Authorizing a $150,000.00 Second Amendment to the Gentrack, Ltd., contract for Aviation information technology services.


Passed

Ayes: 13 - Wagner, Hall, Loar, Fowler, Lucas, Reed, Shields, Justus, Barnes Jr., Canady, Taylor, McManus, James, Jr.
Nays: 0

160553
Approving various Traffic Regulations in compliance with Chapter 70 of the Code of Ordinances.


Passed

Ayes: 13 - Wagner, Hall, Loar, Fowler, Lucas, Reed, Shields, Justus, Barnes Jr., Canady, Taylor, McManus, James, Jr.
Nays: 0

160581
Approving and authorizing settlement of a lawsuit entitled Mohsen Mahoutchian v. City of Kansas City, Missouri, et al, Case No. 1516-CV10318.


Passed

Ayes: 13 - Wagner, Hall, Loar, Fowler, Lucas, Reed, Shields, Justus, Barnes Jr., Canady, Taylor, McManus, James, Jr.
Nays: 0

160577
Approving the plat of Arbor Mist Townhomes – Second Plat, an addition in Clay County, Missouri, generally located at the southwest corner of N.E. 47th Street and N. Corrington Avenue; 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. (SD1331A)


Passed

Ayes: 13 - Wagner, Hall, Loar, Fowler, Lucas, Reed, Shields, Justus, Barnes Jr., Canady, Taylor, 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 final reading.
 
Ayes: 13 - Wagner, Hall, Loar, Fowler, Lucas, Reed, Shields, Justus, Barnes Jr., Canady, Taylor, McManus, James, Jr.
Nays: 0

160501
Reducing the Contingent Appropriation of the General Fund by $160,417.00; appropriating that same amount to the Indigent Court Defense account of the General Fund; and authorizing the Administrator of the Municipal Court to execute a one-year $1,240,417.00 contract extension with Legal Aid of Western Missouri for the legal representation of indigent defendants in Kansas City Municipal Court.


Passed

Ayes: 13 - Wagner, Hall, Loar, Fowler, Lucas, Reed, Shields, Justus, Barnes Jr., Canady, Taylor, McManus, James, Jr.
Nays: 0

160578
(Sub.)
Estimating revenue of $6,000.00 in the Legal Claims Funds; and appropriating $6,000.00 from the Unappropriated Fund Balance of the Legal Claims Fund.


Passed as Substituted

Ayes: 13 - Wagner, Hall, Loar, Fowler, Lucas, Reed, Shields, Justus, Barnes Jr., Canady, Taylor, McManus, James, Jr.
Nays: 0

160579
(Sub.)
Estimating revenue of $30,000.00 in the Legal Claims Fund; and appropriating $30,000.00 from the Unappropriated Fund Balance of the Legal Claims Fund.


Passed as Substituted

Ayes: 13 - Wagner, Hall, Loar, Fowler, Lucas, Reed, Shields, Justus, Barnes Jr., Canady, Taylor, McManus, James, Jr.
Nays: 0

160611
(Sub.)
Appropriating $320,000.00 from the Unappropriated Fund Balance of the Development Services Fund to finance the acquisition of City Planning and Development vehicles; and designating requisitioning authority.


Passed as Substituted

Ayes: 13 - Wagner, Hall, Loar, Fowler, Lucas, Reed, Shields, Justus, Barnes Jr., Canady, Taylor, McManus, James, Jr.
Nays: 0

160589
Amending Chapter 2, Code of Ordinances of Kansas City, Missouri, by deleting Section 2-1446; and amending Chapter 70, Code of Ordinances of Kansas City, Missouri, by deleting Sections 70-1, 70-101, 70-137, 70-271, 70-307, 70-402, 70-524, 70-535, 70-538, 70-594, 70-602, 70-641, 70-831 and 70-862 and enacting in lieu thereof new sections of like number and subject matter, and enacting one new section, Section 70-367, to comply with new state laws regarding the assessments of costs and fines for municipal ordinance violations.


Passed

Ayes: 13 - Wagner, Hall, Loar, Fowler, Lucas, Reed, Shields, Justus, Barnes Jr., Canady, Taylor, McManus, James, Jr.
Nays: 0

160593
Amending Chapter 10, Code of Ordinances, by repealing Section 10-102, Eligibility and requirements for sales by drink license, which will allow an applicant or managing officer of a grocery store, convenience grocery store, general merchandising store and confectionary store to apply for and receive any type of retail sales by drink license.


Re-Referred Neighborhoods and Public Safety Committee

160608
(Sub.)
Amending Chapter 48, Code of Ordinances by repealing Sections 48-25, 48-62, 48-63, 48-68 and 48-72, and enacting in lieu thereof new sections of like number and subject matter, that reduces the penalties for zoning violations.


Passed as Substituted

Ayes: 13 - Wagner, Hall, Loar, Fowler, Lucas, Reed, Shields, Justus, Barnes Jr., Canady, Taylor, McManus, James, Jr.
Nays: 0

160612
Calling for submission to the voters of Kansas City, at an election to be held on November 8, 2016, a question to remove certain City property devoted to park use from the park system; directing the City Clerk to notify the responsible election authorities of the election no later than August 30, 2016; and recognizing this ordinance with an accelerated effective date.


Passed

Ayes: 13 - Wagner, Hall, Loar, Fowler, Lucas, Reed, Shields, Justus, Barnes Jr., Canady, Taylor, McManus, James, Jr.
Nays: 0

160621
(Sub.)
Amending Chapter 10, Code of Ordinances, by repealing sections 10-104, 10-106, and 10-214 and enacting in lieu thereof new sections that will create a consent process for the Crossroads and Historic West Bottoms areas that will provide the maximize input from as many eligible consenters as possible.


Councilmember Taylor (Second by Shields) Move to Amend

Seconded by Councilmember Shields
Ayes: 13 - Wagner, Hall, Loar, Fowler, Lucas, Reed, Shields, Justus, Barnes Jr., Canady, Taylor, McManus, James, Jr.
Nays: 0


Passed as Substituted and Amended

Ayes: 13 - Wagner, Hall, Loar, Fowler, Lucas, Reed, Shields, Justus, Barnes Jr., Canady, Taylor, McManus, James, Jr.
Nays: 0

160596
Rezoning approximately 36 acres generally located on the east side of Grandview Road between E. 98th Terrace and E. 100th Terrace from Districts R-80 (Residential 80) and R-7.5 (Residential, 7.5) to District R-80 to allow agricultural use. (Case No. 13712-P-2)


Passed

Ayes: 12 - Wagner, Hall, Loar, Fowler, Lucas, Reed, Shields, Barnes Jr., Canady, Taylor, McManus, James, Jr.
Nays: 1 - Justus

160597
Rezoning approximately 9.43 acres generally located at the southwest corner of N.E. 102nd Terrace and N. Oak Trafficway from Districts R-80 and R-7.5 to District R-7.5. (13993-P-4)


Passed

Ayes: 13 - Wagner, Hall, Loar, Fowler, Lucas, Reed, Shields, Justus, Barnes Jr., Canady, Taylor, McManus, James, Jr.
Nays: 0

160604
Approving a development plan in District M1-5 (Manufacturing 1 dash 5), on about 50 acres in an area bounded by Union Pacific Railroad on the north, Kansas City Terminal Railroad on the south, I-435 on the east and Kansas City Southern Railroad tracks on the west, to allow for a multiple structures on one lot (a new 18,000 square foot maintenance building in addition to the existing buildings). (14713-P)


Passed

Ayes: 13 - Wagner, Hall, Loar, Fowler, Lucas, Reed, Shields, Justus, Barnes Jr., Canady, Taylor, McManus, James, Jr.
Nays: 0

160591
Authorizing a $2,246,417.00 Construction Contract with Kissick Construction Company, Inc., for the Northeast Industrial District Sewer Separation - Diversion Structure 006 Project Bid Package #2 - Private Property Sewer Separation; authorizing a maximum expenditure of $2,472,000.00; and recognizing this ordinance as having an accelerated effective date.


Passed

Ayes: 13 - Wagner, Hall, Loar, Fowler, Lucas, Reed, Shields, Justus, Barnes Jr., Canady, Taylor, McManus, James, Jr.
Nays: 0

160603
Authorizing a $13,244,316.00 Construction Contract with Havens Construction Company, Inc. for the Town Fork Creek Neighborhood Sewer Rehabilitation Project; authorizing a maximum expenditure of $13,500,000.00; authorizing an $800,000.00 Design Professional Services Amendment No. 1 to Contract No. 1097 with Lamp Rynearson and Associates, Inc. d/b/a Larkin Lamp Rynearson for the Town Fork Creek Neighborhood Sewer Rehabilitation Project; and recognizing this ordinance as having an accelerated effective date.


Passed

Ayes: 13 - Wagner, Hall, Loar, Fowler, Lucas, Reed, Shields, Justus, Barnes Jr., Canady, Taylor, McManus, James, Jr.
Nays: 0

160609
Authorizing an eleven year Lease Agreement with VML, Inc., for office space at Charles B. Wheeler Downtown Airport.


Passed

Ayes: 13 - Wagner, Hall, Loar, Fowler, Lucas, Reed, Shields, Justus, Barnes Jr., Canady, Taylor, McManus, James, Jr.
Nays: 0

160588
Accepting and approving a one-year $370,180.00 grant award from the U.S. Department of Housing and Urban Development under the SHELTER PLUS CARE program for homeless services in the Kansas City area.


Assigned to Third Read Calendar

160594
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 will exempt an applicant within a planned urban renewal district as identified in the ordinance from the density requirement when applying for an alcohol beverage license.


Assigned to Third Read Calendar

160610
Appropriating $350,000.00 from the Unappropriated Fund Balance of the Public Safety Sales Tax Fund; transferring and appropriating $350,000.00 to the Police Department to match donations received from the Police Foundation of Kansas City; and designating requisitioning authority.


Assigned to Third Read Calendar

160592
Accepting and approving the recommendations of the Tax Increment Financing Commission of Kansas City as to the Twelfth Amendment to the Shoal Creek Tax Increment Financing Plan.


Assigned to Third Read Calendar

160598
Rezoning approximately 2.5 acres generally located at the southwest corner of 44th Street and Washington Street from Districts R 1.5 (Residential 1.5) and R-6 (Residential 6) to District MPD (Master Planned Development), and approving a development plan for a four-story apartment project containing 188 units (14707-MPD)


Assigned to Third Read Calendar

160599
RESOLUTION - Amending the Midtown / Plaza Area Plan for an approximate 2.5 acre tract of land generally located at the southwest corner of 44th Street and Washington Street by changing the Recommended Land Use Map from residential low, residential medium and residential high all to residential urban land use. (727-S-4)


Assigned to Third Read Calendar

160601
Rezoning a tract of land approximately 0.59 acres generally located at 4620 J.C. Nichols Parkway from District B1-1 to District B1-5. (13073-P-2)


Assigned to Third Read Calendar

160606
Approving a development plan in District B1-5 on approximately a 0.59 acre tract of land generally located at 4620 J.C. Nichols Parkway to allow construction of three additional stories atop an existing, vacant office structure and to enable conversion to an assisted living community. (13073-P-3)


Assigned to Third Read Calendar

160620
(Sub.)
RESOLUTION - Requesting that Community Benefits Agreements be incorporated into future agreements for economic development undertakings between development entities and entities with the authority to issue tax increment financing or grant tax abatement; directing the City Manager to develop a process for Community Benefit Agreements to be negotiated between development entities and the Construction Workforce Board; directing the City Manager to develop a database of organizations with knowledge of residents who are seeking construction employment opportunities and a process for a liaison to assist developers in utilizing this resource; directing the City Manager to conduct an analysis of the current availability of Kansas City resident workers in the construction industry; and directing the City Manager to pursue funding options for a disparity study related to the hiring of Kansas City residents.


Assigned Third Read Calendar as Substituted
 
 Councilmember Wagner (Second by Reed) 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: 13 - Wagner, Hall, Loar, Fowler, Lucas, Reed, Shields, Justus, Barnes Jr., Canady, Taylor, McManus, James, Jr.
Nays: 0

160631
Approving and authorizing settlement of a lawsuit entitled Andre Cooper v. City of Kansas City, Missouri, et al., Case No. 1516-CV21229.


Referred to Finance and Governance Committee

160633
(Sub.)
Approving and authorizing settlement of a condemnation lawsuit styled City of Kansas City, Mo. v. KC Benjamin, LLC, et al., Case No. 1516-CV02035; estimating revenue of $471,000.00 in the Legal Claims Fund; appropriating $471,000.00 from the Unappropriated Fund Balance of the Legal Claims Fund; and recognizing this ordinance as having an accelerated effective date.


Referred to Finance and Governance Committee

160636
Declaring certain City-owned real property generally located within the southwestern portion of 1901 American Royal Drive, lying to the north of the confluence of State Line Road and American Royal Drive, surplus to the City’s needs and no longer needed for public use; authorizing the Director of General Services to execute the necessary documents or agreement to sell the property to Livestock Exchange LLC, consistent with the Lease Agreement between the City and Livestock Exchange LLC dated June 1, 2012; and to amend such Lease for the remaining property.


Referred to Finance and Governance Committee

160629
Approving recommendations of Arterial Street Impact Fee District D Committee; appropriating $230,000.00 from the Unappropriated Fund Balance of the Arterial Street Impact Fee Fund for the purpose of a traffic signal at N.E. Parvin Road and N. Corrington Road; and designating requisitioning authority.


Referred to Transportation & Infrastructure Committee

160634
Approving the plat of Tiffany Springs East – First Plat, an addition in Platte County, Missouri, generally located east of Ambassador Drive between M-152 and N.W. 88th 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. (SD1146G)


Referred to Planning, Zoning & Economic Development Committee

160637
Vacating a portion of E. 24th Street right of way between Holmes Street and Locust Street; and directing the City Clerk to record certain documents. (1684-V)


Referred to Planning, Zoning & Economic Development Committee

160625
Authorizing Amendment No. 5 to a Cooperative Agreement for Sewer Service between Kansas City, Missouri and Johnson County, Kansas to extend the term for one year.


Referred to Transportation & Infrastructure Committee

160626
Authorizing the Director of Public Works to execute a two-year cooperative agreement in the amount of $323,200.00, subject to appropriation of funds, with Mid-America Regional Council (MARC) for the operation of signals for Operation Greenlight.


Referred to Transportation & Infrastructure Committee

160630
Authorizing a change order with Wilson Group Construction in the amount of $613,000.00 for the ADA Facility Improvements project at City Hall; and recognizing this ordinance as having an accelerated effective date.


Referred to Transportation & Infrastructure Committee
 
 Councilmember Wagner (Second by Reed) Move To Introduce
 
Ayes: 13 - Wagner, Hall, Loar, Fowler, Lucas, Reed, Shields, Justus, Barnes Jr., Canady, Taylor, McManus, James, Jr.
Nays: 0

160641
Authorizing an increase in the compensation of the City Auditor, Douglas Jones.


Councilmember Wagner (Second by Reed) Move to Advance

Seconded by Councilmember Reed
Ayes: 13 - Wagner, Hall, Loar, Fowler, Lucas, Reed, Shields, Justus, Barnes Jr., Canady, Taylor, McManus, James, Jr.
Nays: 0


Passed

Ayes: 13 - Wagner, Hall, Loar, Fowler, Lucas, Reed, Shields, Justus, Barnes Jr., Canady, Taylor, McManus, 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. 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.