Council

414 E. 12th Street Kansas City Kansas City, MO 64106 Meeting Minutes - Final Council Thursday, December 2, 2021 3:00 PM Council Chambers Meeting Link - https://us02web.zoom.us/s/89195928794 CHAPLAIN OF THE MONTH: PLEDGE OF ALLEGIANCE: ROLL CALL: Present: Dan Fowler, Brandon Ellington, Melissa Robinson, Katheryn Shields, Eric Bunch, Lee Barnes, Ryana Parks-Shaw, Andrea Bough, Kevin McManus, and Quinton Lucas Excused: Heather Hall, Kevin O'Neill, and Teresa Loar PUBLIC OBSERVANCE OF MEETINGS: Members of the City Council may attend this meeting via videoconference. The public can observe this meeting at the links provided below. Closed Sessions may be held by teleconference. SPECIAL ACTIONS: 211051 Honoring Gale Tallis on her retirement and recognizing her contributions to the arts and civic community in Kansas City, Missouri. Sponsors: Bunch, Barnes Jr., Bough, Ellington, Fowler, Hall, Loar, Lucas, McManus, O'Neill, Parks-Shaw, Robinson and Shields Adopted Aye: Fowler, Ellington, Robinson, Shields, Bunch, Barnes, Parks-Shaw, Bough, and McManus Excused: Hall, O'Neill, and Loar Out: Lucas Page 1 of 14 Council Meeting Minutes - Final December 2, 2021 211052 Honoring and recognizing Gerald “Jerry” Shechter on his retirement from the Office of Environmental Quality after a total of 26 years of dedicated service to the City. Sponsors: Shields, Barnes Jr., Bough, Bunch, Ellington, Fowler, Hall, Loar, Lucas, McManus, O'Neill, Parks-Shaw and Robinson Adopted Aye: Fowler, Ellington, Robinson, Shields, Bunch, Barnes, Parks-Shaw, Bough, and McManus Excused: Hall, O'Neill, and Loar Out: Lucas 211059 Honoring Betty Brown for a lifetime and legacy of service and leadership. Sponsors: Robinson, Fowler, McManus, Barnes Jr., Loar, Bough, Bunch, Lucas, Shields and Parks-Shaw Adopted Aye: Fowler, Ellington, Robinson, Shields, Bunch, Barnes, Parks-Shaw, Bough, and McManus Excused: Hall, O'Neill, and Loar Out: Lucas FINAL READINGS: CONSENT DOCKET DEBATE DOCKET SPECIAL COMMITTEE FOR LEGAL REVIEW 210949 RESOLUTION - Establishing the City of Kansas City’s legislative major priorities and positions on matters for the 2022 session of the Missouri General Assembly. Adopted as Substituted Aye: Fowler, Ellington, Shields, Bunch, Barnes, Parks-Shaw, Bough, and McManus Excused: Hall, O'Neill, and Loar Out: Robinson, and Lucas Page 2 of 14 Council Meeting Minutes - Final December 2, 2021 210950 RESOLUTION - Establishing the City of Kansas City’s legislative priorities and positions on matters that may come before the 117th United States Congress in 2022. Adopted as Substituted Aye: Fowler, Ellington, Shields, Bunch, Barnes, Parks-Shaw, Bough, and McManus Excused: Hall, O'Neill, and Loar Out: Robinson, and Lucas TRANSPORTATION, INFRASTRUCTURE AND OPERATIONS COMMITTEE 210752 Estimating revenue in the amount of $1,620,000.00 in the Capital Improvements Fund; appropriating that amount to the Capital Improvements Fund; and authorizing the Director of Public Works to execute a $1,620,000.00 cooperative agreement with Kansas City Area Transportation Authority (“KCATA”) for Upgrade of Transportation Facilities. Passed as Substituted Aye: Fowler, Ellington, Robinson, Shields, Bunch, Barnes, Parks-Shaw, Bough, and McManus Excused: Hall, O'Neill, and Loar Out: Lucas 211006 Amending Chapter 70, Code of Ordinances, entitled “Traffic and Vehicles,” by repealing Section 70-81, Authority of director of public works, and enacting in lieu thereof a new Section 70-81 of like number and subject matter that establishes a policy to address parking and abandoned vehicles throughout the City. Sponsors: Bough Passed as Substituted Aye: Fowler, Ellington, Robinson, Shields, Bunch, Barnes, Parks-Shaw, Bough, and McManus Excused: Hall, O'Neill, and Loar Out: Lucas COMMITTEE ADVANCES: Moved to Waive Charter Requirement Page 3 of 14 Council Meeting Minutes - Final December 2, 2021 Aye: Fowler, Ellington, Robinson, Shields, Bunch, Barnes, Parks-Shaw, Bough, and McManus Excused: Hall, O'Neill, and Loar Out: Lucas CONSENT DOCKET FINANCE, GOVERNANCE AND PUBLIC SAFETY COMMITTEE 211023 Waiving the prohibitions of City Code Section 2-2044 to allow Ralph Davis to consult with current City employees as part of his responsibilities as project manager for Transportation Planning and Construction Projects for the Kansas City Streetcar Authority. Passed Aye: Fowler, Robinson, Shields, Bunch, Barnes, Parks-Shaw, Bough, and McManus Nay: Ellington Excused: Hall, O'Neill, and Loar Out: Lucas 211024 Approving and authorizing settlement of lawsuits entitled Leroy Jones v. City of Kansas City, Missouri, Case Nos. 1916-CV26683, 2116-CV09497, and WD84715. Passed Aye: Fowler, Robinson, Shields, Bunch, Barnes, Parks-Shaw, Bough, and McManus Nay: Ellington Excused: Hall, O'Neill, and Loar Out: Lucas 211039 Appropriating $3,069,012.30 from the Unappropriated Fund Balance of the Water Fund; estimating and appropriating $3,069,012.30 from the Unappropriated Fund Balance of the City Legal Expense Fund; and approving and authorizing settlement of claims by Gary Lee and Penn Hill Properties LLC. Passed Aye: Fowler, Robinson, Shields, Bunch, Barnes, Parks-Shaw, Bough, and McManus Nay: Ellington Page 4 of 14 Council Meeting Minutes - Final December 2, 2021 Excused: Hall, O'Neill, and Loar Out: Lucas 211040 Appropriating $9,423,659.62 from the Unappropriated Fund Balance of the Water Fund; estimating and appropriating $9,423,659.62 from the Unappropriated Fund Balance of the City Legal Expense Fund; and approving and authorizing settlement of a claim by 1125 Grand Boulevard LLC. Passed Aye: Fowler, Robinson, Shields, Bunch, Barnes, Parks-Shaw, Bough, and McManus Nay: Ellington Excused: Hall, O'Neill, and Loar Out: Lucas DEBATE DOCKET FINANCE, GOVERNANCE AND PUBLIC SAFETY COMMITTEE 211037 Approving the issuance by the City of Kansas City Missouri of its special obligation bonds (the “Series 2021E Bonds”), to finance and refinance certain obligations of the City on a taxable basis with an estimated cost of $50,500,000.00, such Series 2021E Bonds to be issued in an aggregate principal amount not to exceed $51,000,000.00; approving and authorizing certain documents and actions relating to the issuance of the Series 2021E Bonds; estimating and appropriating revenue in Fund No. 3340, the Taxable Special Obligation Refunding Bond Fund Series 2021E; designating requisitioning authority; and authorizing the Director of Finance to modify and close project accounts. Passed Aye: Fowler, Robinson, Shields, Bunch, Barnes, Parks-Shaw, Bough, and McManus Nay: Ellington Excused: Hall, O'Neill, and Loar Out: Lucas NEIGHBORHOOD PLANNING AND DEVELOPMENT COMMITTEE Page 5 of 14 Council Meeting Minutes - Final December 2, 2021 211025 Amending Ordinance Nos. 051411, 051412, and 051413 by repealing and reenacting Section 1 of each for the purpose of revising the types of businesses eligible for Enhanced Enterprise Zone incentives; and directing the City Manager to notify the Department of Economic Development of this Ordinance. Sponsors: Bough Held on Docket SECOND READINGS: Moved to Waive Charter Requirement Aye: Fowler, Ellington, Robinson, Shields, Bunch, Barnes, Parks-Shaw, Bough, and McManus Excused: Hall, O'Neill, and Loar Out: Lucas NEIGHBORHOOD PLANNING AND DEVELOPMENT COMMITTEE 210961 Amending Chapter 10, Code of Ordinances, by repealing several sections and enacting in lieu thereof new sections that provide more flexibility in the evaluation of appropriate locations for liquor licenses, expand outdoor dining, allow the provision of to-go cocktails, and make several other changes. Sponsors: Bough Assigned to Third Read Calendar 211016 Approving an Industrial Development Plan for Fidelity Security Life Insurance Company, Inc., a Missouri insurance company, and its affiliates or designees, for the purpose of acquiring, equipping and constructing a project for industrial development consisting of the construction, improvement and renovation of a headquarters facility for Fidelity Security Life Insurance Company, Inc., a Missouri insurance company, and its affiliates and designees, located at the intersection of 27th Street and Grand Boulevard in Kansas City, Missouri; authorizing and approving various agreements for the purpose of setting forth covenants, agreements and obligations of the City and Fidelity Security Life Insurance Company, Inc., and its affiliates or designees; authorizing the issuance of taxable industrial development review bonds in a maximum aggregate principal amount not to exceed $84,000,000.00; authorizing and approving certain other documents; and authorizing certain other actions in connection with the issuance of said bonds. Sponsors: Shields Assigned to Third Read Calendar Page 6 of 14 Council Meeting Minutes - Final December 2, 2021 FIRST READINGS: Moved to Waive Charter Requirement Aye: Fowler, Ellington, Robinson, Shields, Bunch, Barnes, Parks-Shaw, Bough, and McManus Excused: Hall, O'Neill, and Loar Out: Lucas FINANCE, GOVERNANCE AND PUBLIC SAFETY COMMITTEE 211053 Approving and authorizing settlement of a lawsuit entitled Cheryl Diamond v. City of Kansas City, Missouri, et al., Case No. 2016-CV23742. referred 211054 Amending Chapter 2, Code of Ordinances, by repealing Sections 2-1463, 2-1464, 2-1497 and 2-1499, relating to Municipal Court’s court costs, records and reports, and enacting in lieu thereof four new sections of like number and subject matter. referred 211055 Authorizing the Manager of Procurement Services to execute a one-year professional services contract with Life Extension Clinics, Inc. D/B/A Life Scan Wellness Center to provide annual medical evaluations to Local 42 members; authorizing the Fire Chief to spend $480,000.00 for the services; and authorizing the Manager of Procurement Services to amend the contract and to exercise five (5) additional one (1) year terms. referred 211060 Providing for submission to the qualified voters of the City for their approval at an election called for Tuesday, April 5, 2022, the question of renewing the ad valorem tax levy for a period of nine years for ambulance services, emergency medical services, hospital and public health purposes at the current level of twenty-two cents ($.22) per one hundred dollars ($100.00) assessed valuation on real and tangible personal property within the City; directing the City Clerk to notify the responsible election authorities of this election; and recognizing this ordinance to be an emergency measure. Sponsors: Lucas referred 211066 Approving and authorizing settlement of lawsuit entitled Brian Messick v. City of Kansas City, Case No. 2016-CV17794. referred Page 7 of 14 Council Meeting Minutes - Final December 2, 2021 211072 Authorizing the Manager of Procurement Services to execute a one-year professional services contract with Life Extension Clinics, Inc. d/b/a Life Scan Wellness Center to provide annual medical evaluations to Local 42 members; authorizing the Fire Chief to spend $480,000.00 for the services; and authorizing the Manager of Procurement Services to amend this contract and to exercise five (5) additional one (1) year terms. referred 211078 Appropriating $200,000.00 from the Contingent Appropriation Fund to the City Manager-Administration account; and authorizing the City Manager to fund a nationwide search for a New Chief of Police. Sponsors: Shields Move to Consider Aye: Shields, Bunch, Barnes, Parks-Shaw, Bough, McManus, and Lucas Nay: Fowler, Ellington, and Robinson Excused: Hall, O'Neill, and Loar Move to Suspend Rules Aye: Ellington, Robinson, Shields, Bunch, Barnes, Parks-Shaw, Bough, McManus, and Lucas Nay: Fowler Excused: Hall, O'Neill, and Loar Move to Advance Aye: Shields Nay: Fowler, Ellington, Robinson, Bunch, Barnes, Parks-Shaw, Bough, and McManus Excused: Hall, O'Neill, and Loar Out: Lucas Failed NEIGHBORHOOD PLANNING AND DEVELOPMENT COMMITTEE Page 8 of 14 Council Meeting Minutes - Final December 2, 2021 211061 Accepting and approving a one-year $65,879.00 contract with the Missouri Department of Health and Senior Services to conduct tuberculosis control activities in Kansas City, Missouri. referred 211062 Approving a major amendment to development plan in District B1-5 on approximately a 1.7 acre tract of land generally located at the southeast corner of Broadway and Westport Road to allow modifications to the signage plan. (CD-CPC-2021-00166) referred 211063 Rezoning about 1.9 acres generally located at 8450 Oldham Road from District R-7.5 to District R-80, to allow for animal boarding and community supported agriculture. (CD-CPC-2021-00086). referred 211067 Amending Chapter 35, Code of Ordinance, entitled “Housing” by creating a new Article III, entitled “Tenants’ Right to Counsel, ” consisting of Sections 35-20-through 35-25; directing the City Manager to identify funding for the Tenant’s Right to Counsel Program (“the Program”) within 90 days; and directing the City Manager to implement various portions of the Program with varying deadlines, with the goal of increasing tenant access to legal representation in eviction and other proceedings related to rental housing. Sponsors: Bough referred 211068 Amending Chapter 34, Code of Ordinances, “Health and Sanitation” by repealing Section 34-848.2, “Disclosure to Tenants,” it in its entirety and enacting in lieu thereof a new Section 34-848.2 of like title and subject matter, to add a requirement to the Healthy Rental Homes Program that property owners provide written notice to tenants regarding the existence of the Tenants’ Right to Counsel Program. Sponsors: Bough referred 211073 Authorizing the City Manager to execute a Cooperative Agreement with the Health Sciences Community Improvement District with respect to certain housing improvements, infrastructure improvements, and economic development planning and the redevelopment of underutilized real property located within the Health Sciences Community Improvement District. Sponsors: Lucas, Shields and Bunch referred Page 9 of 14 Council Meeting Minutes - Final December 2, 2021 211075 Consenting to the assignment of that certain Chapter 353 Redevelopment Contract with Lucas Place Lofts Redevelopment Corporation for property located at 323 W. 8th Street, Kansas City, Missouri; and authorizing the Director of Finance to execute documents necessary to convey the consent to assignment. Sponsors: Bough referred 211077 Directing the City Manager to continue to use certain incremental property and economic activity taxes to support affordable housing in the Midtown Redevelopment Tax Increment Financing Plan; and Authorizing the City Manager to enter into a funding agreement with the Planned Industrial Expansion Authority of Kansas City, Missouri for funding of projects in the Armour-Gillham PIEA Planning Area. Sponsors: Shields, Bough and Bunch referred SPECIAL COMMITTEE FOR LEGAL REVIEW 211074 Amending Chapter 2, Code of Ordinances, by repealing Section 2-41, Council districts, and enacting in lieu thereof a new section of like number and subject matter that adopts Map 8.4.3; and directing the City Manager to prepare appropriate legal descriptions of each district reflected on the map for filing with City Clerk. referred TRANSPORTATION, INFRASTRUCTURE AND OPERATIONS COMMITTEE 211056 Authorizing a $67,500.00 Design Professional Services Agreement Amendment No. 2 to Contract No. 1498, with Patti Banks Associates, LLC d/b/a Vireo, for the Green Infrastructure Demonstration - Phase II (SLBE-WSDEPS) project; authorizing an extension of the term of the contract for an additional three years for a total term not to exceed six years without further City Council approval; and authorizing a total contract amount of $537,500.00. referred 211057 Authorizing a $1,350,000.00 construction contract with Leath & Sons, Inc., for the replacement of water mains along West Gregory Boulevard, Ward Parkway to Wornall Road; and authorizing a maximum expenditure of $1,450,000.00. referred Page 10 of 14 Council Meeting Minutes - Final December 2, 2021 211058 Authorizing a $7,562,478.00 contract with Saab, Inc., for the Virtual Ramp Control System at KCI Airport; authorizing a maximum expenditure of $8,318,725.80. referred 211065 Accepting an Electronic Baggage Screening Program (EBSP) Grant Offer from the United States of America, acting through the U.S. Department of Homeland Security, Transportation Security Administration; estimating revenues and appropriating funds in the amount of $14,646,378.55 in the Aviation Fund for the program; and recognizing this ordinance as having an accelerated effective date. referred 211069 Authorizing the Manager of Procurement Services to execute a sole brand piggyback contract (EVP2855) with Arconas Corporation, DBA Arconas Furniture, in the amount of $4,047,605.00 to purchase seating for use at Kansas City International Airport; and authorizing the Manager of Procurement Services to amend and extend the contract. Sponsors: Bunch referred 211070 Authorizing the Manager of Procurement Services to execute a one-year $641,084.00 sole brand contract with Siemens Industry Inc. for the manufacture, delivery and support of terminal public address system components for use at Kansas City International Airport; authorizing the Director of Aviation to spend $641,084.00 for the products and services; and authorizing the Manager of Procurement Services to amend this contract and to exercise five (5) additional one (1) year terms. referred 211076 Rescinding Committee Substitute for Ordinance No. 210902; requiring face coverings or masks at schools and on school buses with certain exceptions; appropriating $1,000.00 from the Unappropriated Fund Balance of the Health Levy Fund; designating requisitioning authority; and recognizing this ordinance as having an accelerated effective date. Sponsors: Lucas Move to Consider Aye: Fowler, Robinson, Shields, Bunch, Barnes, Parks-Shaw, Bough, McManus, and Lucas Nay: Ellington Excused: Hall, O'Neill, and Loar Page 11 of 14 Council Meeting Minutes - Final December 2, 2021 Move to Advance Aye: Fowler, Robinson, Shields, Bunch, Barnes, Parks-Shaw, Bough, McManus, and Lucas Nay: Ellington Excused: Hall, O'Neill, and Loar Passed COMMUNICATIONS: 211043 OCTOBER 2021 - Accepting various easements and deeds in Kansas City, Platte County, Missouri and requesting that the City Manager approve the acceptance, and directing the City Clerk to file the acceptance in the office of the Recorder of Deeds. Sponsors: City Planning & Development and McIntosh received and filed 211047 OCTOBER 2021 - Accepting and releasing various easements and deeds in Kansas City, Jackson County, Missouri and requesting that the City Manager approve the acceptance and release, and directing the City Clerk to file the acceptance and release in the office of the Recorder of Deeds. Sponsors: City Planning & Development and McIntosh received and filed 211048 Notice of Temporary Traffic Regulations Numbers 65260 Through 65283. received and filed 211049 Notice of Intent to lease property pursuant to Sale/Leaseback and Redevelopment Contract in Cleveland Duplexes Urban Renewal Area. received and filed 211050 Corrected Notice of Intent to accept the Industrial Development Contract proposal submitted by EPD3 Ridgeview, LP for redevelopment of Ridgeview Heights Project in the Ridgeview Heights PIEA Area. received and filed Page 12 of 14 Council Meeting Minutes - Final December 2, 2021 211071 Pursuant to Section 67.1205.13, RSMo and Section 68-449(c), Code of Ordinances, the Central City Economic Development Sales Tax Board recommends Council approve a development project presented by CELT Real Estate Holdings, LLC for the rehabilitation of an existing structure for multifamily, mixed income residential and commercial facility use. received and filed MISCELLANEOUS BUSINESS: 1. Closed Session • Pursuant to Section 610.021 subsection 1 of the Revised Statutes of Missouri to discuss legal matters, litigation, or privileged communications with attorneys; or • Pursuant to Section 610.021 subsection 2 of the Revised Statutes of Missouri to discuss real estate; or • Pursuant to Section 610.021 subsections 3 and 13 of the Revised Statutes of Missouri to discuss personnel matters; or • Pursuant to Section 610.021 subsection 9 of the Revised Statutes of Missouri to discuss employee labor negotiations; or • Pursuant to Section 610.021 subsection 11 of the Revised Statutes of Missouri to discuss specifications for competitive bidding; or • Pursuant to Section 610.021 subsection 12 of the Revised Statutes of Missouri to discuss sealed bids or proposals; or • Pursuant to Section 610.021 subsection 17 of the Revised Statutes of Missouri to discuss confidential or privileged communications with auditors; or • Pursuant to Section 610.021 subsections 20 and 21 of the Revised Statutes of Missouri to discuss security systems for operation of a computer system or computer network. Page 13 of 14 Council Meeting Minutes - Final December 2, 2021 2. Members of the City Council may attend this meeting via videoconference. The public can observe this meeting at the links provided below. The city provides several ways for residents to watch City Council meetings: • Livestream on the city’s website at www.kcmo.gov/clerk: Quick Links, Video on Demand, Click on “View” for desired meeting • Livestream on the city’s YouTube channel at https://www.youtube.com/watch? v=3hOuBIg4fok • Watch Channel 2 on your cable system. The channel is available through Time Warner Cable (channel 2 or 98.2), AT&T U-verse (channel 99 then select Kansas City) and Google Fiber on Channel 142. 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. Page 14 of 14