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Last Published: 7/2/2012 8:43:01 AM
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
 

110647
RESOLUTION - Honoring Stan Harris on his retirement after 26 years of dedicated service to the City of Kansas City, Missouri all within the Public Works Department.


Adopted

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

110666
RESOLUTION - Recognizing the International Visitors Council of Kansas City for its volunteer citizen diplomacy and the Layne Christensen Company, this year’s recipient of the John C. Dods III Citizen Diplomacy Award.


Adopted

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

110649
COMMUNICATION - Notice from the Main Street Community Improvement District to the City Clerk regarding the proposed budget for fiscal year May 1, 2011 - April 30, 2012, along with adopted by-law amendments for 2010-11.


Received And Filed

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

110650
COMMUNICATION - Notice from the Main Street Community Improvement District to the City Clerk regarding their annual report for fiscal year May 1, 2010 - April 30, 2011


Received And Filed

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

110651
COMMUNICATION - Notice of Temporary Traffic Regulations Numbers 61061 through 61073


Received And Filed

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

110653
COMMUNICATION - Notice from the Ward Parkway Center Community Improvement District to the City Clerk regarding their proposed annual budget for fiscal year ending April 30, 2012.


Received And Filed

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

110655
COMMUNICATION - Notice from the Kansas City International Airport Community Improvement District to the City Clerk regarding their annual report for fiscal year ending April 30, 2011 and their proposed budget for fiscal year ending April, 30, 2012.


Received And Filed

Ayes: 13 - Wagner, Davis, Ford, Johnson, Curls, Reed, Glover, Marcason, Circo, Brooks, Taylor, Sharp, James, Jr.
Nays: 0
 
 Previously Enacted Ordinance to be Reconsidered Under Charter Section 711 because of Submitted Referendum Petitions

110194
(Sub.)
Rezoning an area of approximately 2.39 acres generally located on the east side of Broadway between W. 46th Terrace and W. 47th Street from Districts R-5 and C-3a2 to District C-3a2-p, and approving a preliminary development plan for the same; establishing a conditional effective date for the rezoning. (14131-P-1)


Repealed

Ayes: 13 - Wagner, Davis, Ford, Johnson, Curls, Reed, Glover, Marcason, Circo, Brooks, Taylor, Sharp, James, Jr.
Nays: 0
 
 Question to be considered pursuant to Charter Section 711: “Shall Committee Substitute for Ordinance No. 110194, As Amended, that was specified in the referendum petition, be repealed?”

110644
(Sub.)
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.


Adopted as Substituted

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

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)


Passed

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.


Adopted as Substituted
COUNCILMAN SHARP STATED THAT HE FELT THAT THE RESOLUTION WAS UNCONSTITUTIONAL BASED ON ITEMS SET OUT IN THE CONSTITUTION. COUNCILMAN FORD STATED THAT HE WAS IN DISAGREEMENT WITH COUNCILMAN SHARP. THE PEOPLE SHOULD HAVE A RIGHT TO DECIDE BY WAY OF VOTING. COUNCILMAN TAYLOR DISAGREED WITH COUNCILMAN FORD. COUNCILMAN JOHNSON SPOKE ON THE ISSUES STATED IN THE RESOLUTION.
Ayes: 12 - Wagner, Davis, Johnson, Curls, Reed, Glover, Marcason, Circo, Brooks, Taylor, Sharp, James, Jr.
Nays: 1 - Ford

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.


Passed

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: 110613 ADVANCE DEBATES: 110618 110623 110626 110633 110641 110624 110627 110642 110616 110625 110628 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

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.


Passed

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

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.


Passed

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

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.


Passed

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

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.


Passed

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

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.


Passed

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

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.


Passed

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

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.


Passed

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

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.


Passed

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

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.


Passed

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

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.


Passed

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

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.


Passed

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

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.


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 7 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

110611
Appropriating $30,000.00 from the Public Transportation Fund to the Parking and Transportation Commission.


Add to Consent Docket

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


Add to Consent Docket

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.


Assigned to Third Read Calendar

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.


Assigned to Third Read Calendar

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.


Assigned to Third Read Calendar

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.


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 8-9 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

110662
Authorizing the City Manager to accept supplemental funding from the Mid-America Regional Council (MARC) under the Urban Area Security Initiatives Grant to upgrade the City’s trunked radio network; and recognizing an emergency.


Referred to Finance, Governance & Ethics Committee

110654
Accepting a grant from Platte County in the amount of $25,000.00 for playground equipment in Platte Purchase Park; estimating revenue and appropriating funds in the Capital Improvements Fund; and designating requisitioning authority.


Referred to Neighborhoods & Healthy Communities Committee

110659
Increasing revenue in the amount of $500,103.00 and appropriating $140,793.00 in the HUD Lead Hazard Control account; increasing revenue in the amount of $2,521.00 and appropriating the same in the ARRA Child Care Asthma Quality account; designating requisitioning authority; and recognizing an emergency.


Referred to Neighborhoods & Healthy Communities Committee

110656
Authorizing a contract amendment with the Mid-America Regional Council to amend the scope of services and budget for the U.S. Department of Energy’s Energy Efficiency and Conservation Block Grant Program (EECBG) made available through the American Recovery and Reinvestment Act of 2009.


Referred to Planning, Zoning & Economic Development Committee

110657
Authorizing a contract amendment with the Metropolitan Energy Center to amend the scope of services and budget for the U.S. Department of Energy’s Energy Efficiency and Conservation Block Grant Program (EECBG) made available through the American Recovery and Reinvestment Act of 2009.


Referred to Planning, Zoning & Economic Development Committee

110660
Reestimating the uncollected revenue in the amount of $2,877,012.98 in the Neighborhood Stabilization Grant Fund; authorizing certain accounts to be re-appropriated in the FY11-12 fiscal year; and designating requisitioning authority.


Referred to Planning, Zoning & Economic Development Committee

110661
RESOLUTION - Amending the 2008 One Year Action Plan and authorizing submission of a Substantial Amendment to the U.S. Department of Housing and Urban Development (HUD) in order to reprogram funding from the American Recovery and Reinvestment Act of 2009.


Referred to Planning, Zoning & Economic Development Committee

110664
(Sub.)
Approving and authorizing the City Manager to enter into an agreement to transfer the Town of Kansas Pedestrian Bridge to the Port Authority of Kansas City, Missouri; and authorizing the execution of documents necessary for the transfer.


Referred to Planning, Zoning & Economic Development Committee

110665
(Sub.)
Authorizing the Director of Water Services to execute a Funding Agreement with the Tax Increment Financing Commission for the construction of certain sanitary sewer mains in the First and Second Creek drainage basins in connection with the KCI Corridor Tax Increment Financing Plan.  


Referred to Planning, Zoning & Economic Development Committee

110658
(Sub.)
Reducing and increasing appropriations in various accounts in the Capital Improvements Fund in the amount of $2,056,328.65; designating requisitioning authority; and recognizing an emergency.


Referred to Transportation & Infrastructure Committee

110663
Authorizing various TIGER Green Impact Zone Projects; estimating revenue in the amount of $2,547,404.73 in the ARRA Stimulus Fund; appropriating the sum of $2,547,404.73 to various accounts in the ARRA Stimulus Fund; designating requisitioning authority; and recognizing an emergency.


Referred to Transportation & Infrastructure Committee
 
 Councilmember Johnson Move To Introduce
COUNCILMAN JOHNSON MOVED TO INTRODUCE AN ORDINANCE THAT WOULD ADJUST THE MONEY AMOUNT FROM MODOT FOR TWO BRUSH CREEK BEAUTIFICATION PROJECTS.
 
Ayes: 13 - Wagner, Davis, Ford, Johnson, Curls, Reed, Glover, Marcason, Circo, Brooks, Taylor, Sharp, James, Jr.
Nays: 0

110667
Repealing Ordinance No. 100130 authorizing a $902,580.00 grant from the Missouri Department of Transportation; 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 in the amount of $904,540.00 and appropriating it to the Capital Improvements Fund; designating requisitioning authority; and recognizing an emergency.


Passed

Ayes: 13 - Wagner, Davis, Ford, Johnson, Curls, Reed, Glover, Marcason, Circo, Brooks, Taylor, Sharp, James, Jr.
Nays: 0
 
 Councilmember Johnson Move To Introduce
COUNCILMAN JOHNSON MOVED TO INTRODUCE AN ORDINANCE THAT WOULD ADJUST THE MONEY AMOUNT OF A GRANT TO BE USED FOR THE EMANUAL CLEAVERII BOULEVARD STREETSCAPE IMPROVEMENT PROJECT.
 
Ayes: 13 - Wagner, Davis, Ford, Johnson, Curls, Reed, Glover, Marcason, Circo, Brooks, Taylor, Sharp, James, Jr.
Nays: 0

110668
Repealing Ordinance No. 090994 that approved receipt of a $444,660.00 grant for the Brush Creek Trail Enhancement Project; repealing Ordinance No. 110600 that authorized use of that $444,660.00 for the Emanuel Cleaver II Boulevard Streetscape Improvements Project; 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 Emanuel Cleaver II Boulevard Streetscape Improvements Project; estimating revenue and appropriating $444,600.00 to the Capital Improvements Fund; designating requisitioning authority; and recognizing an emergency.


Passed

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

110669
Estimating and appropriating $4,281,610.00 in the 2011B GO Bond Fund from the anticipated sale of general obligation bonds for street reconstruction projects; declaring the City's intention to reimburse itself from bond proceeds for bond related expenditures; stating the Mayor and City Council’s intention to repay the Troost 25th-30th account with recommended funds in the FY 2012-13 Capital Improvements Program; and recognizing an emergency.


Referred to Transportation & Infrastructure Committee
 
 Councilmember Reed Move To Introduce
COUNCILMAN REED MOVED TO INTRODUCE AN ORDINANCE THAT WOULD AMEND THE AMOUNT OF FUNDING OF A WEATHERIZATION GRANT FROM THE MISSOURI DEPARTMENT OF NATURAL RESOURCES PASSED THROUGH FROM THE U. S. DEPT. OF ENERGY.
 
Ayes: 13 - Wagner, Davis, Ford, Johnson, Curls, Reed, Glover, Marcason, Circo, Brooks, Taylor, Sharp, James, Jr.
Nays: 0

110670
Accepting an amendment to the U.S. Department of Energy, Weatherization Assistance Program, American Recovery and Reinvestment Act (ARRA) grant through the Missouri Department of Natural Resources, Division of Energy, to increase funding in the amount of $1,173,441.00; and authorizing the Interim Director of Housing and Community Development to enter into a contract with the Full Employment Council, Inc. in an amount not to exceed $1,000,000.00.


Passed

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.