Last Published: 9/13/2013 11:26:23 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
 

130694
RESOLUTION - Congratulating the City’s Education & Outreach Green Team for planning and coordinating the 2013 KC Green Fair.


Adopted

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

130702
RESOLUTION - Declaring the month of September as “Welcoming Month” in Kansas City, Missouri.


Adopted

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

130685
COMMUNICATION - Notice to the City Clerk from the Westport Community Improvement District I regarding the submission of their Annual Report for the Fiscal Year ending 2013.


Referred to Planning, Zoning & Economic Development Committee

130686
COMMUNICATION - Notice to the City Clerk from the Westport Community Improvement District II regarding the submission of their Annual Report for the Fiscal Year ending 2013.


Referred to Planning, Zoning & Economic Development Committee

130687
COMMUNICATION - August 2013-Accepting various easements and deeds in Kansas City, Clay 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

130688
COMMUNICATION - August 2013-Accepting various easements and deeds in Kansas City, Clay 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

130701
COMMUNICATION - EMERGENCY REGULATIONS E41688-E41695


Received And Filed

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

130706
COMMUNICATION - Notice to the Mayor and City Council from the City Manager regarding the Requests for Expenditure of Funds. Staff has accepted no funding requests for the month of August, 2013


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

130700
RESOLUTION - Directing the City Manager to develop and present to the City Council proposed legislation regarding the use of traditional and alternative construction delivery methods.


Adopted

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

130708
RESOLUTION - Endorsing the use of labor agreements in the construction of the starter line of the Kansas City Downtown Streetcar project.


Adopted

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

130663
Reducing the Contingent Appropriation in the General Fund by $60,000.00 and appropriating it to the Neighborhoods and Housing Services Department to assist with costs associated with the rehabilitation of vacant properties.


Passed

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

130628
(Sub.)
Annexing approximately 3.522 acres generally bounded by N. Oak Trafficway on the southeast, N.E. 32nd Street on the north and Burlington Street (Missouri Route 9) on the southwest, from the City of North Kansas City, Missouri into the City of Kansas City, Missouri; and directing the City Manager to file certified copies of this ordinance with the required Clay County officials. (100-AN-15)


Councilmember Ford (Second by Wagner) Move To Re-refer

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


Referred to Planning, Zoning & Economic Development Committee

130629
(Sub.)
Detaching from the City approximately 9.130 acres generally including three properties located along the north side of N.E. 32nd Street between N. Oak Trafficway on the west and N. Holmes Street on the east and also including the north half of the N.E. 32nd Street right of way; and directing the City Manager to file certified copies of this ordinance with the required Clay County officials. (100-AN-14)


Councilmember Ford (Second by Wagner) Move to Refer to

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


Referred to Planning, Zoning & Economic Development Committee

130647
RESOLUTION - Amending the Future Land Use Map of the Town Fork Creek Neighborhood Plan on an approximately 0.318 acre tract of land, generally located at 3630 and 3634 E. 58th Terrace, by changing the recommended land use from residential low-density to mixed use.


Adopted

Ayes: 12 - Wagner, Davis, Ford, Johnson, Curls, Reed, Marcason, Circo, Brooks, Taylor, Sharp, James, Jr.
Nays: 1 - Glover

130648
Rezoning a 0.318 acre tract of land, generally located at 3630 and 3634 E. 58th Terrace from District R-2.5 to District B1-1. (13906-P-2)


Passed

Ayes: 12 - Wagner, Davis, Ford, Johnson, Curls, Reed, Marcason, Circo, Brooks, Taylor, Sharp, James, Jr.
Nays: 1 - Glover

130661
RESOLUTION - Concurring with the intention of the Planned Industrial Expansion Authority of Kansas City, Missouri, to accept the proposal of 1712 Main, LLC for the redevelopment of the 1712 Main Street project in the Crossroads PIEA Area.


Adopted

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

130662
RESOLUTION - Concurring with the intention of the Planned Industrial Expansion Authority of Kansas City, Missouri, to accept the proposal of Block 110 Residential, LLC, for the redevelopment of the Cordish project in the Downtown Loop PIEA Area.


Adopted

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

130678
RESOLUTION - Amending the Truman-Plaza Area Plan, on approximately a 0.57 acre tract of land generally located on the north side of Independence Boulevard, between Olive Street and Park Avenue, by changing the recommended land use from residential medium-high density to mixed-use neighborhood. (693-S-2).


Adopted

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

130651
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 adds the event space language back into the ordinance that was inadvertently taken out.


Passed

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

130656
(Sub.)
Amending Chapter 10, Code of Ordinances, by repealing Sections 10-104, Sunday licenses, and 10-127, License and permit fees, and enacting in lieu thereof new sections of like number and subject matter which streamlines the requirements of a Sunday liquor license, allows every retail liquor license holder an opportunity to apply for and receive a Sunday liquor license, and updates the consent requirement language to be uniform with all other consent requirement language throughout the chapter.


Passed as Substituted

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

130606
(Sub.)
Authorizing the Director of Public Works to execute a construction manager at risk (CM@Risk) contract with KC Streetcar Constructors for the Kansas City Downtown Streetcar project that includes Phase I Preconstruction Services in the amount of $50,000.00 and, subject to appropriation of funds and successful negotiation of a Final Guaranteed Maximum Price, Phase II Construction Services; and recognizing an emergency. 


Passed as Substituted

Ayes: 8 - Wagner, Davis, Johnson, Curls, Glover, Marcason, Circo, James, Jr.
Nays: 5 - Ford, Reed, Brooks, Taylor, Sharp
 
 Councilmember Marcason (Second by Wagner) 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: 12 - Wagner, Ford, Johnson, Curls, Reed, Glover, Marcason, Circo, Brooks, Taylor, Sharp, James, Jr.
Nays: 0

130634
Approving and authorizing settlement of a claim for a Workers' Compensation benefit filed by Richard J. Dougherty for injuries resulting from an accident on August 28, 2010, while employed by the City.


Passed

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

130658
Approving and authorizing settlement of a claim for a Workers' Compensation benefit filed by Collis W. Lee for injuries resulting from an accident on September 14, 2012, while employed by the City.


Passed

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

130665
Authorizing a $300,000.00 increase in the contingency for the KES Construction LLC contract for the Rent-A-Car Facility Improvements at Kansas City International Airport; authorizing the expenditure of $300,000.00; and recognizing an emergency.


Passed

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

130666
Authorizing Amendment 3 to the Affinis Corp. contract for design professional services for Relief Well System Rehabilitation at Charles B. Wheeler Downtown Airport; authorizing expenditure of $302,500.00 for the contract; and recognizing an emergency.


Passed

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

130675
Authorizing a $320,000.00 Amendment 5 with Burns & McDonnell for the Overhaul Base Central Utility Plant Rehabilitation contract at KCI Airport; authorizing the expenditure of $352,000.00; and recognizing an emergency.


Passed

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

130680
Estimating revenue in the amount of $353,000.00 in the ARRA Stimulus Fund; appropriating that amount to the GIZ-Traffic Signal Phase 1 and Phase 2 accounts; authorizing a $150,000.00 change order to a contract with Mark One Electric for the Green Impact Zone – Traffic signal phase 1 project; and recognizing an emergency.


Passed

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

130676
(Sub.)
Authorizing the City Manager to execute the fourth amendment of a contract with the Metropolitan Energy Center to enlarge the term, extend the scope and increase the total amount of the contract up to $2,662,795.00, all to further the EnergyWorks KC program.


Passed as Substituted

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

130682
Amending Section 2-1464, Code of Ordinances, entitled “Additional costs,” by adding an additional surcharge of $7.00 for moving and general ordinance violations and $3.00 for non-moving violations to fund special mental health, drug, and veterans courts as authorized by state law.


Passed

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

130645
Declaring certain real property surplus to the City's needs; and authorizing the Director of General Services to offer the sale of the property located at: 2609 E. 60th Street, 2610 E. 61st Street, 2615 E. 60th St., 6005 Prospect, 6023 Prospect, and 7710 Blue River, Jackson County, Missouri.


Passed

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

130667
Authorizing the execution of a Third Amendment to Funding and Acquisition Agreement between City, Tax Increment Financing Commission of Kansas City, Missouri, Planned Industrial Expansion Authority of Kansas City, Missouri, East Village, LLC, and Swope Community Builders; and authorizing the execution of a Second Amendment to Lease Agreement and Third Amendment to Lease Agreement between the City and Swope Community Builders.


Passed

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

130674
Estimating revenue from the proceeds of the sale of Missouri brownfields remediation tax credits in the amount of $225,489.94; appropriating funds in the same amount; and designating requisitioning authority.


Passed

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

130679
Rezoning a 0.57 acre tract of land generally located on the north side of Independence Boulevard, between Olive Street and Park Avenue, to consider rezoning the tract of land from District R-2.5 to District B1-1. (14405-P)


Passed

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

130677
(Sub.)
Estimating revenue and appropriating funds in the amount of $430,000.00 to be used for court operations and youth programming; and expressing the intent of the Council to use revenue received from the increase in the non-moving violation fine schedule to help sustainably support the City’s court operations and youth programming.


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 Taylor) 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

130690
Approving the plat of Stadium Plaza Business Center Second Plat, an addition in Jackson 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. (SD0703B)


Referred to Planning, Zoning & Economic Development Committee

130691
Approving the plat of Brookside Senior Residences, an addition in Jackson County, Missouri; and authorizing the City Clerk to record this ordinance and attached documents. (SD0223D)


Referred to Planning, Zoning & Economic Development Committee

130692
Approving the plat of Horace Mann Village, an addition in Jackson County, Missouri; accepting various easements; and authorizing the City Clerk to record this ordinance and attached documents. (SD1458A)


Referred to Planning, Zoning & Economic Development Committee

130693
Approving the plat of Northland Park Bishop’s Storehouse, an addition in Clay 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. (SD0550G)


Referred to Planning, Zoning & Economic Development Committee

130703
Approving the plat of The Villas at Tiffany Woods First Plat, 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. (SD1068C)


Referred to Planning, Zoning & Economic Development Committee

130704
Approving the plat of Tiffany Woods at Rose Creek Second Plat, 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. (SD1068D)


Referred to Planning, Zoning & Economic Development Committee

130705
Approving the plat of Tiffany Woods Reserve First Plat, 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. (SD1068E)


Referred to Planning, Zoning & Economic Development Committee

130689
Authorizing acceptance of a grant from and a contract with the U.S. Equal Employment Opportunity Commission for the purpose of investigating discrimination complaints in employment; estimating $53,400.00 in the General Fund and appropriating that amount to the EEOC Grant Fund; and designating requisitioning authority.


Referred to Transportation & Infrastructure Committee

130695
Authorizing the Director of Water Services to enter into a $1,527,000.00 contract with Clarkson Construction Company for the Water Treatment Plant Railroad Bridge Replacement and Track Upgrade project.


Referred to Transportation & Infrastructure Committee

130696
Authorizing the Director of Water Services to enter into a $2,000,000.00 contract with Beemer Construction Company, Inc. for the City Wide Valve Repair and Replacement contract.


Referred to Transportation & Infrastructure Committee

130697
Authorizing the Director of Water Services to enter into a $1,598,000.00 contract with Foley Company for the Universal Avenue Storm Sewer Drainage Improvements – Phase 2 – Milwaukee Pump Station Improvements project.


Referred to Transportation & Infrastructure Committee

130698
Authorizing a $1,822,000.00 contract with Black and Veatch Corporation for the Water System Master Plan – Phase II project.


Referred to Transportation & Infrastructure Committee

130699
Authorizing the Director of Water Services to enter into a $3,000,000.00 contract with Insituform Technologies USA, Inc., for the City Wide Sewer Main Rehabilitation – Fiscal Year 2014 project.


Referred to Transportation & Infrastructure Committee

130707
Reducing an appropriation in the amount of $731,703.00 in the Sixth Council District Contingency in the Capital Improvements Fund; appropriating that amount to the Longview Tract – Flowrider account (Project No. 70140007); and designating requisitioning authority.


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

130709
RESOLUTION - Declaring September 15-21, 2013 as Child Passenger Safety Week.


Adopted

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.