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Last Published: 3/6/2014 5:22:20 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
 

140186
RESOLUTION - Recognizing March 2014 as National Purchasing Month.


Adopted

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

140202
RESOLUTION - Honoring Beta Lambda Education Institute in cooperation with Alpha Phi Alpha – Beta Lambda Chapter in hosting its 17th Annual College Tour and designating the week of March 16-23, 2014 as Alpha College Tour Week.


Adopted

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

140152
COMMUNICATION - Notice to the City Clerk from the 3-Trails Village Community Improvement District regarding the supplement to their Annual Report for fiscal year ending April 30, 2013.


Referred to Planning, Zoning & Economic Development Committee

140168
COMMUNICATION - Notice to the City Clerk from the Martin City Community Improvement District regarding their revised proposed budget for fiscal year ending April 30, 2015.


Referred to Planning, Zoning & Economic Development Committee

140169
COMMUNICATION - Notice of Temporary Traffic Regulations Numbers 62084 Through 62092


Received And Filed

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

140183
COMMUNICATION - February 2014 – Accepting and releasing various easements and deeds in Kansas City, Clay County, Missouri, and requesting that the City Manager approve the acceptance and release.


Received And Filed

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

140187
COMMUNICATION - Notice to the Mayor and Council from the TIF Commission advising that the 10th Amendment to the Southtown Corridor/31st & Baltimore Tax Increment Financing Plan has been withdrawn and that no action be taken thereon.


Received And Filed

Ayes: 13 - Wagner, Davis, Ford, Johnson, Curls, Reed, Glover, Marcason, Circo, Brooks, Taylor, Sharp, James, Jr.
Nays: 0
 
 Councilmember Marcason (Second by Wagner) Move to Waive Charter Requirement
I move that the resolutions listed on today’s docket as “Resolutions for Same Day Adoption” be presented to Council for consideration for immediate adoption today.
 
Ayes: 11 - Wagner, Davis, Ford, Johnson, Glover, Marcason, Circo, Brooks, Taylor, Sharp, James, Jr.
Nays: 0

140201
RESOLUTION - Establishing additional priorities for the Missouri General Assembly’s 2014 Legislative Session opposing Senate Bill 916 and any similar legislation that would preempt the City’s civil rights protections based on sexual orientation and other categories not included within the Missouri Human Rights Act, and supporting passage of Senate Bill 757 and any similar legislation that would extend the protections of the Missouri Human Rights Act to include sexual orientation or gender identity, and directing the City Clerk to notify members of the Kansas City delegation to the General Assembly and the Missouri Municipal League.


Adopted

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

140137
Amending Section 2-1173, Code of Ordinances, entitled “Creditable service” to provide for the purchase of years of service in the employees’ retirement system by persons who worked in positions not eligible for retirement system membership but who, without a break in service, now are members of the system.


Passed

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

140130
RESOLUTION - Directing the City Manager to implement a Healthier Vending Policy for vending machines at City facilities.


Adopted

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

140115
Declaring certain real property in the Mount Prospect area of Beacon Hill surplus to the City’s needs; authorizing the Director of the General Services Department to convey these surplus parcels to the Land Clearance for Redevelopment Authority; and further authorizing the execution of related documents.


Passed

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

140154
Approving and authorizing settlement of a lawsuit entitled Wallace Hoverder v. City of Kansas City, Missouri, Case No. 13-0906-CV-W-DGK.


Passed

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

140161
Repealing and reenacting Section 2-959, Chairperson; committees, for the purposes of allowing non-committee members to serve on subcommittees of the Mayor’s Committee for People with Disabilities and clarifying the responsibilities of the subcommittees.


Passed

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

140164
Approving the plat of Kellybrook Fifth 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. (SD0965F)


Passed

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

140165
Vacating two portions of N.E. Soccer Drive between I-435 and Shoal Creek Parkway, Kansas City, Clay County, Missouri and directing the City Clerk to record certain documents. (1680-V)


Passed

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

140166
Vacating a portion of N.E. 108th Street west of N. Hardesty Avenue, Kansas City, Clay County, Missouri, and directing the City Clerk to record certain documents. (1681-V)


Passed

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

140167
Approving the plat of KCI Auto Auction, Plat 3, an addition in Platte 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. (SD1290C)


Passed

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

140109
Authorizing the condemning and taking of private property for Street Right of Way purposes, Standard Utility Easements, Storm Drainage Easements, Temporary Construction Easements and Access Easements, for the construction of project number 89008174, North Chatham Avenue Improvements, in the area of Prairie View Road, North and West of Northwest 64th Street and Inter-State 29 in Kansas City, Platte County, Missouri; providing for the payment of just compensation therefore; authorizing continued negotiations by the Director of Public Works; consenting to the filing of the petition for condemnation by the City Attorney, on behalf of the City; and authorizing and directing the City Clerk to file this ordinance with the Recorder of Deeds in Platte County, Missouri.


Passed

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

140153
Stating City Council support for improvements to the Route 45 and I-29 interchange; and directing the City Manager to work with the Missouri Department of Transportation to prepare applications for the MoDOT Partnership Development Cost Share Program.


Passed

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

140159
Authorizing a Second Amendment to a contract with ARCADIS, U.S., Inc. for approximately $29,000.00 for professional claims evaluation services for the North Oak Trafficway Phase II project; and recognizing an emergency.


Passed

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

140160
Authorizing an increase in the contingency of a contract with Hoy Excavating, LLC in the amount of $43,000.00 for the N.W. 72nd Street project; and recognizing an emergency.


Passed

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

140180
Reducing an appropriation in the Capital Improvements Fund in the amount of $220,000.00; appropriating that amount to the Green Hills – NW 78th to Barry project account in the Capital Improvements Fund; and authorizing an Amendment No. 1 for approximately $272,000.00 with Walter P Moore, Inc.


Passed

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

140157
Authorizing contracts with the Calvary Community Outreach Network and Liberty Memorial Association d/b/a National World War I Museum in the total amount of $18,500.00 for events and projects from the Neighborhood Tourist Development Fund; and the expenditure of previously appropriated funds in the amount of $18,500.00.


Passed

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

140176
Accepting and approving a $69,184.05 contract amendment with the University of Kansas Hospital Authority to provide Medical Case Management Services in the Kansas City area; and declaring an emergency.


Passed

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

140177
Accepting and approving an $88,330.00 contract amendment with Good Samaritan Project to provide Medical Case Management Services in the Kansas City area; and declaring an emergency.


Passed

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

140178
Accepting and approving a $92,391.00 contract amendment with Truman Medical Center to provide Medical Case Management Services in the Kansas City area; and declaring an emergency.


Passed

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

140181
Accepting and approving contract amendments with Kansas City CARE Clinic totaling $425,965.93 to provide Primary Care, Oral Health and Case Management Services in the Kansas City area; and declaring an emergency.


Passed

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

140141
Approving the Seven301 PIEA General Development Plan on approximately 10 acres generally located on the west side of N.W. Prairie View Road and I-29, between N.W. Old Tiffany Springs Road and N.W. Donovan Drive, and declaring the area a blighted and insanitary area in need of redevelopment and rehabilitation pursuant to the Missouri Planned Industrial Expansion Authority (PIEA) Law 100.300-100.620. (704-S)


Passed

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

140136
(Sub.)
Amending Section 50-261, Code of Ordinances, entitled “Unlawful use of weapons – generally” by establishing qualifying factors consistent with those established by the Missouri General Assembly, by requiring an intoxicated person who carries a weapon to also use the weapon in a negligent or unlawful manner or discharge the weapon, other than in self-defense, before the intoxicated person is considered to unlawfully use the weapon, and by codifying statutory changes describing the exemption for retired law enforcement officers and deleting terminology no longer used in state statute.


Councilmember Johnson (Second by Glover) Move To Re-refer

Seconded by Councilmember Glover
Ayes: 5 - Davis, Johnson, Curls, Glover, Brooks
Nays: 8 - Wagner, Ford, Reed, Marcason, Circo, Taylor, Sharp, James, Jr.


Passed as Substituted

Ayes: 6 - Wagner, Davis, Ford, Curls, Reed, Sharp
Nays: 7 - Johnson, Glover, Marcason, Circo, Brooks, Taylor, James, Jr.


Failed

140116
Approving the allocations in the FY2015-19 Capital Improvements Program preliminary budget and the FY2015 Neighborhood Conservation Project list as set forth in this ordinance and attached exhibits; stating the Council’s intention regarding advance funding of the FY 2015-19 Capital Improvements Program projects; and recognizing an emergency.


Passed

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

140182
(Sub.)
Directing the City Manager to cause specific projects to be submitted to the Mid-America Regional Council (MARC) as applications for FY 2017 & 2018 Surface Transportation Program (STP), FY 2015-2018 Congestion Mitigation/Air Quality Program (CMAQ) and FY 2014-2018 Transportation Alternatives Program (TAP) funding


Passed as Substituted

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

140184
Amending Chapter 33, Code of Ordinances, entitled “Geographical Information System” by deleting Chapter 33 in its entirety and enacting in lieu thereof a new Chapter 33 of like title, consisting of Sections 33-1 through 33-7 to change the procedures for the distribution and licensing of the City’s GIS.


Referred to Finance, Governance & Ethics Committee

140197
Amending Chapter 2, Code of Ordinances, by repealing Section 2-1255, Membership and organization of board of trustees, and enacting in lieu thereof a new section of like number and subject matter that clarifies the existing ordinance, making it clear that the terms of all four members that represent the union should be staggered. In addition, this ordinance correctly references Local Union No. 42 as opposed to Local Union No. 41, which is contained in the current ordinance.


Referred to Finance, Governance & Ethics Committee

140199
Authorizing the Director of General Services to execute a lease agreement with Avenue of Life for the lease of City-owned property generally located at 5117 East 31st Street.


Referred to Finance, Governance & Ethics Committee

140200
Authorizing the Director of General Services to amend a lease agreement with Creekwood Commons, LLC, for property generally located at the southwest corner of North Oak Trafficway and N.E. Englewood Road for the purpose of extending the term.


Referred to Finance, Governance & Ethics Committee

140185
Accepting the recommendations of the Tax Increment Financing Commission as to the Eleventh Amendment to the Southtown Corridor/31st & Baltimore Tax Increment Financing Plan; approving the Eleventh Amendment to the Southtown Corridor/31st & Baltimore Tax Increment Financing Plan; setting forth findings relating to the Plan; authorizing the Commission to issue obligations to finance Redevelopment Project Costs; approving the pledge of all funds generated from Redevelopment Projects and deposited into the Southtown Corridor/31st & Baltimore account; providing for payment to taxing districts of surplus funds; and directing the City Clerk to transmit copies of this ordinance.


Referred to Planning, Zoning & Economic Development Committee

140188
Authorizing the City Manager to execute a fourth amendment of a contract with the Neighborhood Housing Services of Kansas City to enlarge the term of the contract and to further the EnergyWorks KC program.


Referred to Planning, Zoning & Economic Development Committee

140191
Approving the plat of Riverfront Apartments, an addition in Clay County, Missouri; accepting various easements; establishing grades on public ways; vacating a portion of streets; retaining an easement; 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. (SD1438B)


Referred to Planning, Zoning & Economic Development Committee

140192
Rezoning an area of approximately 1.66 acres located at the northwest corner of E. 6th Street and Chestnut Avenue, from Districts R 1.5 and B3-2 to District MPD and approving a preliminary development plan, which also serves as a preliminary plat for commercial development; and repealing Ordinance No. 130837. (14377-MPD, Cabinrock Investments)


Referred to Planning, Zoning & Economic Development Committee

140194
Approving a Development Plan which also serves as a preliminary plat, on about 3.42 acres generally located on the west side of Elmwood Avenue between E. 38th Street on the north and E. 39th Street on the south, in zoning District R-1.5 to allow for three tracts containing 10 structures (20 duplex units) and public street. (14422-P)


Referred to Planning, Zoning & Economic Development Committee

140195
Authorizing the City Manager to execute a fourth amendment of a contract with the Neighborhood Housing Services of Kansas City to enlarge the term and increase the total amount of the contract up to $3,696,417.00, all to further the EnergyWorks KC program.


Referred to Planning, Zoning & Economic Development Committee

140193
Authorizing the City Manager to execute six month extensions to the Jackson County Intergovernmental Agreements for the housing of City inmates and detainees in an amount not to exceed $2,000,000.00 with such funds that are appropriated in the City’s annual budget for such purpose and authorizing the City Manager to amend the Intergovernmental Agreements without Council approval.


Referred to Public Safety & Emergency Services Committee

140189
Authorizing the Director of Aviation to execute an airport concessions agreement with World Health Networks to provide no-cost early detection health tests for passengers at Kansas City International Airport.


Referred to Transportation & Infrastructure Committee

140190
Authorizing a $59,100.00 plus contingency Amendment No. 1 with Burns and McDonnell Engineering Co., Inc. for the West Side Electrical Rehabilitation at the Charles B. Wheeler Downtown Airport; appropriating $63,100.00 from the Unappropriated Fund Balance of the Kansas City Airports Fund; and recognizing an emergency.


Referred to Transportation & Infrastructure Committee

140196
RESOLUTION - Affirming the City’s comments regarding the I-70 Second Tier Draft Environmental Impact Statement.


Referred to Transportation & Infrastructure Committee

140198
Authorizing a $1,000,000.00 Contract with Structure Incorporated for tenant finishes at Aviation facilities.


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

140203
Waiving a requirement of Section 2-83(a), Code of Ordinances, and authorizing the City Attorney to execute a contract with Husch Blackwell LLP, for the provision of legal services in connection with the creation of one or more Transportation Development Districts; and recognizing an emergency.


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. 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.