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Last Published: 12/14/2011 12:45:19 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
 

110938
RESOLUTION - Honoring Ronald Daigle on his 40 years of dedicated service to the City of Kansas City, Missouri Finance Department.


Adopted

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

110962
RESOLUTION - Recognizing Santa’s Wonderland 17th Year in the Community.


Adopted

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

110964
RESOLUTION - Honoring Mike Klender as a Rich Noll Pacesetter for December 2011.


Adopted

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

110965
RESOLUTION - Honoring Jabir Hazziez, Jr., on his heroic actions during an Air Tran flight from Atlanta to Kansas City on November 30, 2011.


Adopted

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

110942
COMMUNICATION - Notice from the City Clerk regarding the submission of the City of Kansas City, Missouri's Sewer Fund Audited Financial Statements (CAFR).


Received And Filed

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

110943
COMMUNICATION - Notice to the City Clerk from the Red Bridge Community Improvement District regarding submission of their proposed budget for fiscal year May 1, 2012 - April 30, 2013.


Received And Filed

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

110948
COMMUNICATION - Notice from the Kansas City, Missouri Municipal Judicial Nominating Commission to the City Clerk regarding a Certificate of Nomination of persons to be considered for the position of Housing Court Judge.


Received And Filed

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

110955
COMMUNICATION - Notice from the Planned Industrial Expansion Authority to the City Clerk regarding submission of a Notice of Intent to accept the redevelopment contract proposal of the 3710 Main Street, LLC for the 3710 Main (Project) at 3710 Main Street in the 39th & Main PIEA Area in the 4th City Council District.


Received And Filed

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

110956
COMMUNICATION - Notice from the Planned Industrial Expansion Authority to the City Clerk regarding submission of a Notice of Intent to accept the redevelopment contract proposal of the Sunflower Development Group, LLC for the 5th & Grand (Project) in the Market PIEA Area in the 4th City Council District.


Received And Filed

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

110884
(Sub.)
Reducing an appropriation in the Capital Improvements Fund in the amount of $37,500.00; and appropriating that amount to an account in the Capital Improvements Fund for the Rock Island Corridor/Katy Trail Extension project.


Passed

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

110830
(Sub.)
Amending Chapter 76, Code of Ordinances, by repealing Sections 76-32, Definitions, 76-266, Prohibited acts, and 76-268, Equipment regulations for pedicabs, and enacting in lieu thereof a new section of like number and subject matter which will prohibit individuals from possessing open containers of alcohol while they are in or on a pedicab and will allow for the operation of multi-passenger human powered vehicles without seatbelts in the city of Kansas City, Missouri.


Passed as Substituted

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: 1. 110914 3. 110917 4. 110918 5. 110934 2. 110916 ADVANCE DEBATES: 1. 110832 3. 110911 (sub) 5. 110923 7. 110931 (sub) 2. 110910 (sub) 4. 110932 6. 110924 ON THREE SEPARATE DAYS BE WAIVED AND THAT THESE ORDINANCES BE ADVANCED FOR FINAL READING AND CONSIDERATION AT THIS TIME. COUNCILMAN SHARP ASKED FOR A DIVISION ON ORD. NO. 110832. COUNCILMAN JOHNSON STATED THAT NO MOTION WAS NEEDED. IT WAS AUTOMATIC. cOUNCILMAN JOHNSON ALSO STATED THAT ORDINANCE NO. 110934 NEEDED TO BE CHECKED FOR ACCURACY. EITHER THE NUMBER WAS READ INCORRECTLY OR THE NUMBER WAS INCORRECT. THE MOTION WAS RESTATED TO ACT ON ORDINANCE NO. 110832 SEPARATELY AND THE CORRECTED NUMBER 110924 UNDER ADVANCE DEBATE WAS READ INTO RECORD. COUNCILMAN FORD RESECONDED.
 
Ayes: 12 - Wagner, Davis, Ford, Johnson, Curls, Reed, Marcason, Circo, Brooks, Taylor, Sharp, James, Jr.
Nays: 1 - Glover

110914
Approving and authorizing settlement of a lawsuit entitled LG Barcus & Sons, Inc. v. City of Kansas City, Missouri, Case No. 11-651-CV-W-HFS.


Passed

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

110916
Approving the plat of Soda Lofts, an addition in Jackson 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. (SD1412)


Passed

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

110917
Approving the plat of Gower Estates, an addition in Platte County, Missouri; and authorizing the City Clerk to record this ordinance and attached documents. (SD1432A)


Passed

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

110918
Approving the plat of Wheeler Estates, 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. (SD1431A)


Passed

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

110934
Appropriating $100,000.00 from the Unappropriated Fund Balance of the Public Mass Transportation Fund; and designating requisitioning authority.


Passed

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

110832
Enacting a new Section 2-41, Code of Ordinances, entitled “Council districts” by adopting Map 1-Revised; and directing the City Manager to prepare appropriate legal descriptions of each district reflected on the map for filing with City Clerk.


Councilmember Sharp Move to Amend
COUNCILMAN SHARP SPOKE AGAINST ADVANCING THIS ORDINANCE FOR FINAL CONSIDERATION. COUNCILMAN FORD WAS AGAINST ADVANCING THIS ORDINANCE AS WRITTEN. 1. COUNCILMAN SHARP MOVED THAT ORDINANCE NO. 110832 BE AMENDED SO THAT IT READS AS IN THE DOCUMENT ENTITLED ORDINANCE NO. 110832, AS AMENDED. THE AMENDMENT WOULD MAKE MODIFICATIONS TO MAP 1-REVISED AS SHOWN ON THE MAP CALLED MAP 11 SW. COUNCILMAN FORD SECONDED. 2. THE MOTION TO CLOSE THE DEBATE WAS 10 AYES, 3 NAYS (FORD, SHARP AND GLOVER VOTED NAY) 3. FORD MOVED TO ADVANCE - THE VOTE WAS 10 AYES, 3 NAYS (DAVIS, SHARP AND GLOVER VOTED NAY) 4. COUNCILMAN SHARP DROPPED THE EXTENSIVE AMENDMENT CHANGES TO THE ORDINANCE. COUNCILMAN SHARP MOVED TO ACCEPT THE MODIFIED AMENDMENTS TO ORDINANCE NO. 110832. FORD SECONDED. THE VOTE WAS 2 AYES AND 10 NAYS (SHARP AND FORD VOTED AYE). THE MOTION TO AMEND FAILED. THE ORDINANCE IS NOW BEFORE THE COUNCIL. WILL THE CLERK CALL THE ROLL.
Seconded by Councilmember Ford
Ayes: 11 - Wagner, Davis, Ford, Curls, Reed, Glover, Marcason, Circo, Brooks, Taylor, James, Jr.
Nays: 1 - Sharp


Passed

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

110910
(Sub.)
Approving an Industrial Development Plan for VA West Properties, LLC for the purpose of constructing, equipping, and furnishing an office building, hotel, and garage located at 4840 Roanoke Parkway; authorizing and approving a Development Agreement for the purpose of setting forth covenants, agreements and obligations of the City and VA West Properties, LLC; authorizing the issuance of taxable industrial revenue bonds in a maximum aggregate principal amount not to exceed $200,000,000.00; authorizing and approving certain other documents; authorizing certain other actions in connection with the issuance of said bonds; approving the redirection of certain taxes; and directing the City Manager to replace one-half of the capital improvements redirected taxes.


Passed as Substituted

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

110911
(Sub.)
Rezoning an area of approximately 0.69 acres generally located on the east side of State Line Road about 500 feet south of W. 79th Street (7933 State Line Road) from District B1-1 to District B2-1.


Passed as Substituted

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

110932
Approving real property tax abatement for improvements on real property located at 1511 Baltimore Avenue, Kansas City, Missouri, within Enhanced Enterprise Zone 1; and directing the City Clerk to provide a copy of this Ordinance to the Director of the Missouri Department of Economic Development.


Passed

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

110923
Authorizing a contract with Black and Veatch Corporation for design services for the Water System Master Plan Update project; and authorizing the Director of Water Services to expend approximately $1,757,000.00.


Passed

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

110924
Repealing Ordinance Nos. 090170 and 100474, which authorized the condemnation of permanent and temporary easements for the construction and maintenance of sanitary sewers in Kansas City, Platte County, Missouri, and repealing Ordinance No. 100475, which ordinance authorized the Director of Water Services Department to execute a cooperative agreement for sewerage improvements in Kansas City, Platte County, Missouri; and authorizing and directing the City Clerk to file this ordinance with the Recorder of Deeds in Platte County, Missouri.


Passed

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

110931
(Sub.)
Authorizing the Director of Water Services to enter into a contract with Kissick Construction Company, Inc., for water main replacement along Holmes Road from 66th Terrace to 79th Street; and authorizing the expenditure of approximately $2,510,000.00.


Passed as Substituted

Ayes: 12 - Wagner, Davis, Ford, 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 S 6-7 OF TODAY’S DOCKET AND THAT THESE ORDINANCES BE PLACED ON THE DOCKET NEXT WEEK FOR THIRD READING.
 
Ayes: 12 - Wagner, Davis, Ford, Curls, Reed, Glover, Marcason, Circo, Brooks, Taylor, Sharp, James, Jr.
Nays: 0

110928
Estimating revenues in the amount of $65,785,740.00 in Fund 8185, the 2011A Sanitary Sewer Revenue Project Fund; appropriating the same from the sale of Sanitary Sewer System Improvement and Refunding Revenue Bonds, Series 2011A; transferring $312,523.00 from Fund 8175, the 2002D-1 Sanitary Sewer Revenue Bond Fund to Fund 8185, the 2011A Sanitary Sewer Revenue Project; designating requisitioning authority; and authorizing the Director of Finance to close project accounts upon project completion.


Assigned to Third Read Calendar

110921
Estimating and appropriating fire insurance receipts totaling $100,000.00 to the Dangerous Building Demolition program in the General Fund.


Assigned to Third Read Calendar

110818
(Sub.)
RESOLUTION - Amending the Plaza Westport Neighborhood Plan for an approximately 2.6 acre tract of land generally located on the north side of W. 46th Street between Pennsylvania Avenue and Washington Street to change the recommended land use from medium density residential to high density residential and to recommend an increase in the maximum allowable building height. (611-S-2)


Assigned Third Read Calendar as Substituted

110819
(Sub.)
Rezoning an area of approximately 2.6 acres generally located on the north side of W. 46th Street between Pennsylvania Avenue and Washington Street from District R-1.5 to District MPD and approving a development plan to allow for approximately 177 multifamily units and parking garage. (8781-MPD-2)


Assigned Third Read Calendar as Substituted

110933
Accepting the recommendations of the Tax Increment Financing Commission and approving the Fourteenth Amendment to the 22nd & Main Tax Increment Financing Plan.


Assigned to Third Read Calendar

110930
Appropriating $363,766.00 from the Unappropriated Fund Balance of the Fire Sales Tax Fund for the Fire Station Art account; estimating revenue and appropriating funds in the amount of $363,766.00 in the Public Art Fund; and designating requisitioning authority.


Assigned to Third Read Calendar

110919
(Sub.)
Approving a recommendation of the Arterial Street Impact Fee Committee for District A; reducing an appropriation in the Arterial Street Impact Fee Fund in the amount of $178,898.12; appropriating $305,000.00 from the Unappropriated Fund Balance of the Arterial Street Impact Fee Fund; authorizing the Director of Public Works to execute a Cooperative Agreement with Hunt Midwest Real Estate Development, Inc. for the design of street improvements; and designating requisitioning authority.


Add to Consent Docket

110922
Authorizing a one year Lease Agreement with Host International, Inc., for storage space at the Kansas City International Airport.


Add to Consent Docket
 
 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 8-10 OF TODAY’S DOCKET AND THAT THESE ORDINANCES BE INTRODUCED AS LISTED TO THE COMMITTEE SO DESIGNATED.
 
Ayes: 12 - Wagner, Davis, Ford, Curls, Reed, Glover, Marcason, Circo, Brooks, Taylor, Sharp, James, Jr.
Nays: 0

110941
Approving and authorizing settlement of a claim for a workers’ compensation benefit filed by Alvin Kirby for injuries resulting from an accident on August 31, 2009, while employed by the City.


Referred to Finance, Governance & Ethics Committee

110944
Approving and authorizing settlement of a claim by Laura Abell, Claim No. T1112-0648.


Referred to Finance, Governance & Ethics Committee

110949
Appropriating $300,000.00 from the Unappropriated Fund Balance of the Convention and Tourism Fund to provide certain City services in connection with the 2012 Major League Baseball All Star Game to be held at the Kaufman Stadium in Kansas City in July 2012; and designating requisitioning authority.


Referred to Finance, Governance & Ethics Committee

110960
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, 2012 through December 31, 2012.


Referred to Finance, Governance & Ethics Committee

110968
RESOLUTION - Expressing the Mayor and Council’s appreciation to the Pension Task Force; accepting the recommendations of the Pension Task Force; and directing the City Manager to take steps necessary to implement the goals of the recommendations.


Referred to Finance, Governance & Ethics Committee

110940
Accepting and approving a one-year $200,708.00 grant award agreement from the Mid-America Regional Council (MARC) to reduce the incidence of chronic disease, obesity and diabetes in Kansas City; designating requisitioning authority; and recognizing an emergency.


Referred to Neighborhoods & Healthy Communities Committee

110939
Approving the plat of Copperleaf Eighth 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. (SD0980H)


Referred to Planning, Zoning & Economic Development Committee

110947
Authorizing the City Manager to execute an agreement not to exceed $720,000.00 with Bridging the Gap for water conservation services with funds made available by the American Recovery and Reinvestment Act of 2009 through the U.S. Department of Energy’s Energy Efficiency and Conservation Block Grant - Better Buildings Program.


Referred to Planning, Zoning & Economic Development Committee

110952
RESOLUTION - Replacing the Gashland Area Plan, and Nashua-Newmark Area Plan with the Gashland-Nashua Area Plan for an area bounded by the city limits of Smithville and portions of the unincorporated areas of Clay County, Missouri on the north, the city limits of Gladstone, Missouri on the south, Woodland Avenue/Maplewoods Parkway and Indiana Avenue on the east and the Clay-Platte County boundary on the west.


Referred to Planning, Zoning & Economic Development Committee

110953
RESOLUTION - Adopting the North Oak Corridor Streetscape Plan, which will serve as a comprehensive guide for future streetscape improvements within the planning area, which extends one-half block to the east and west of N. Oak from N. 32nd Street to Englewood Boulevard.


Referred to Planning, Zoning & Economic Development Committee

110954
Standardizing the names of the alignments of N. Gower Avenue/Drive/Road and N.W. Waukomis Drive between N.W. 64th Street and N.W. 68th Street in Kansas City, Clay County, Missouri.


Referred to Planning, Zoning & Economic Development Committee

110963
Estimating and appropriating $20,000.00 to the WHO Mulkey Square account in the General Fund.


Referred to Planning, Zoning & Economic Development Committee

110966
Authorizing the City Manager to execute a Development Agreement with Project Orange that authorizes the issuance of Chapter 100 bonds in connection with an economic development effort; and waiving the City’s Chapter 100 Policy component suggesting a minimum bond issuance of $10 million.


Referred to Planning, Zoning & Economic Development Committee

110967
RESOLUTION - Recognizing the Cultural Heritage District, a guide for future development for that part of Kansas City, Missouri, that is generally bounded by 41st Street to the north, Volker Boulevard to the south, Gillham Road to the east and Main Street to the west.


Referred to Planning, Zoning & Economic Development Committee

110946
Estimating revenue and appropriating $200,000.00 in the General Fund for the 11 COPS Hiring Program (CHP) grant to hire 10 law enforcement officers and the 09 COPS Hiring Recovery Program (CHRP) grant to hire 4 law enforcement officers; and designating requisitioning authority.


Referred to Public Safety & Emergency Services Committee

110950
Authorizing the Director of Public Works to enter into a Municipal Agreement with the Missouri Highways and Transportation; and recognizing an emergency.


Referred to Transportation & Infrastructure Committee

110951
Reducing and increasing appropriations in the Capital Improvements Fund in the amount of $93,000.00 for neighborhood conservation projects.


Referred to Transportation & Infrastructure Committee

110957
Authorizing an amendment to an agreement with H W Lochner, Inc., for a quiet zone study.


Referred to Transportation & Infrastructure Committee

110958
Authorizing change orders to a contract with Pyramid Excavation & Construction; and recognizing an emergency.


Referred to Transportation & Infrastructure Committee

110959
Authorizing a contract with Wilson & Co, Inc. for design professional services for the street reconstruction of N Oak Trafficway.


Referred to Transportation & Infrastructure Committee

110961
Authorizing execution of multi-year lease agreements with Brightergy Solar Solutions for installation of solar energy generation systems for three Water Services Department facilities and authorizing the Director of Water Services to expend $9,000.00 annually for the leases.


Referred to Transportation & Infrastructure Committee
 
 Councilmember Glover Move To Introduce

110969
RESOLUTION - Supporting the Plaza Westport neighborhood's expressed goal to preserve the quality of its neighborhood and its single family core, and directing the City Manager to actively support its efforts, including efforts to fund infrastructure improvements through PIAC or the formation of a Community Improvement District.


Referred to Planning, Zoning & Economic Development Committee
 
 Councilmember Sharp Move To Introduce

110970
Amending Chapter 38, Code of Ordinances, by repealing subsection (13) of Section 38-84, subsection (d) of Section 38-88, subsection (a) of Section 38-90, subsection (a) of Section 38-91, Section 38-99 in its entirety, and subsection (s) of Section 38-100.4, and enacting in lieu thereof new provisions of like designation and subject matter for the purpose of updating the MWBE program with regard to certification of firms, goal setting procedures, participation credit allowances and appeals.


Referred to Transportation & Infrastructure Committee
 
MISCELLANEOUS BUSINESS