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Council

Regular Meeting

Kansas City, MO · September 29, 2022

Agenda

Agenda

Kansas City 414 E. 12th Street Kansas City, MO 64106 Docket - Final Thursday, September 29, 2022 3:00 PM https://us02web.zoom.us/s/89195928794 Council Chambers Council Council Docket - Final September 29, 2022 CHAPLAIN OF THE MONTH: Pastor Willie Murillo - Sheffield Family Life Center PLEDGE OF ALLEGIANCE: ROLL CALL: 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: Robinson, McManus, Barnes Jr., Loar, Parks-Shaw, Bunch, Bough, Fowler, Hall, Shields and Lucas 220868 Sponsor: Councilperson Robinson Recognizing ArtsKC, Desiree Warren, and Mauricio Zuniga, for their outstanding and beautiful Now Showing exhibition in City Hall. Parks-Shaw, McManus, Barnes Jr., Loar, Shields, Bough, Hall, Fowler and Lucas 220869 Sponsor: Councilperson Parks-Shaw Recognizing September 28, 2022, as “National Good Neighbor Day,” and raising public awareness that good neighbors help achieve human understanding and build strong, thriving communities in Kansas City and beyond. Hall, McManus, Barnes Jr., Loar, Parks-Shaw, Bough, Bunch, Fowler, O'Neill, Robinson and Shields 220870 Sponsor: Councilperson Hall Declaring Thursday, September 29, 2022, as National Walk to School Day and promoting the importance of walking, biking, or jogging to school for mental and physical well-being. FINAL READINGS: CONSENT DOCKET DEBATE DOCKET Page 1 of 14 Council Docket - Final September 29, 2022 FINANCE, GOVERNANCE AND PUBLIC SAFETY COMMITTEE Lucas and Shields 220861 Sponsor(s): Mayor Quinton Lucas and Councilmember Katheryn Shields RESOLUTION - Declaring the City’s concern with natural gas rate Case No. GR-2022-0179 filed by Spire Missouri, Inc. and directing the City Manager to engage in relevant public comment processes as appropriate to raise this concern. Attachments: No Fact Sheet 220861 Resolution 220861 Fiscal Note NEIGHBORHOOD PLANNING AND DEVELOPMENT COMMITTEE Bough, Bunch, Ellington and Robinson 220806 Approving the Westside Owner-Occupant Residential Property Chapter 353 Development Plan of Census Tract 153 generally bounded by Interstate 670 and W. 25th Street to the north, Broadway Boulevard, Southwest Boulevard, and Summit Street/Southwest Trafficway to the east, W. 31st Street to the south, and certain railroad tracks and the Kansas-Missouri state line to the west, all in Kansas City, Jackson County, Missouri; declaring the area included in such plan to be a blighted area; authorizing certain tax abatements within the plan area; authorizing the execution of a redevelopment agreement in connection with the foregoing; and directing the City Clerk to transmit copies of this ordinance. Attachments: No Fact Sheet Fiscal Note 220806 Chapter 353 Development Plan KCMO (Westside) -Council Tax Impact Analysis Budget - Operating(9) KC Chamber Support Letter Chapter 353 Development Plan KCMO (Westside) -Council Redline - Chapter 353 Development Plan KCMO (Westside) -Council Tax Impact Analysis Budget - Operating(9) SPECIAL COMMITTEE FOR LEGAL REVIEW Page 2 of 14 Council Docket - Final September 29, 2022 Lucas 220810 RESOLUTION - Directing the City Attorney, within the bounds of the City Charter, to join, intervene, or otherwise participate in the lawsuit entitled City of St Louis, et al. v. State of Missouri, et al., 21AC-CC00237-01, currently pending in the Circuit Court of Cole County and which challenges the constitutionality of Sections 1.410 to 1.485 of the Revised Statutes of Missouri known as the “Second Amendment Preservation Act.” Attachments: NO Fact sheet for ordinance 220810 Resolution 220810 Fiscal Note TRANSPORTATION, INFRASTRUCTURE AND OPERATIONS COMMITTEE 220676 Accepting the recommendations of the Public Works Standards Committee regarding certain amendments to the Public Works Standards and Design Criteria to be used in the construction of public improvements and the development of land or subdivision plats. Attachments: 220676 Fact Sheet 220676 Fiscal Note 220756 Authorizing a $988,090.77 Amendment No. 7 to a contract with HNTB Corporation for the Design Airport Development project at KCI Airport for a total contract amount of $12,074,433.12; authorizing the Director of Aviation to increase this contract amendment by a contingency amount of $197,618.15; and authorizing a maximum expenditure under this amendment of $1,185,708.92. Attachments: 220756 Fact Sheet 220756 Fiscal Note COMMITTEE ADVANCES: CONSENT DOCKET FINANCE, GOVERNANCE AND PUBLIC SAFETY COMMITTEE 220761 Approving and authorizing settlement of a claim for a Workers' Compensation benefit filed by Timothy Ledford for injuries resulting from an accident on January 12, 2021, while employed by the City. Attachments: fact sheet-ledford Fiscal Note- TMP 2237 Page 3 of 14 Council Docket - Final September 29, 2022 220768 Approving and authorizing settlement of a lawsuit entitled Patricia St. Vincent and Wayne St. Vincent v. City of Kansas City, Missouri, Case No. 21AE-CV00141. Attachments: fact sheet-st vincent Fiscal Note TMP 2255 220769 Approving and authorizing settlement of the lawsuit entitled Nathan Dougan v. City of Kansas City, Missouri, Case No. 2016-CV04474, in the amount of $175,000.00. Attachments: fact sheet-dougan Fiscal Note TMP 2259 DEBATE DOCKET NEIGHBORHOOD PLANNING AND DEVELOPMENT COMMITTEE Bough, Bunch and Robinson 220364 Amending Chapter 18, Code of Ordinances, by repealing Article III, Section 18-57 entitled “Adoption of International Residential Code (2018); amendments” and Article XIV, Section 18-367 entitled “Adoption of International Energy Conservation Code (2012); amendments” and enacting, in lieu thereof, new sections of like number and subject matter that update the City’s Energy Conservation Code; and setting an effective date of July 1, 2023. Attachments: 220364 fact sheet Fiscal Note 220364 Hlth Commisn_Housing_International Building Code 220844 Sponsor: Director of the Health Department Accepting and approving a $375,879.00 grant amendment from the Missouri Department of Health and Senior Services for developing and implementing programs tailored to ending the Human Immunodeficiency Virus (HIV) epidemic in the Kansas City, Missouri area; and designating requisitioning authority. Attachments: Ending the Epidemic FY23 - Fact Sheet Ending the Epidemic FY23 - Fiscal Note Ending the Epidemic FY23 - Budget Page 4 of 14 Council Docket - Final September 29, 2022 220845 Sponsor: Director of the Health Department Accepting and approving a one-year $439,912.00 grant award from the U.S. Department of Housing and Urban Development under the Shelter Plus Care program for homeless services in the Kansas City area and approving a $449,488.00 contract with SAVE Inc. for housing assistance services for persons living with HIV in the Kansas City area; and designating requisitioning authority. Attachments: Shelter Plus Care FY23 - Fact Sheet Shelter Plus Care FY23 - Fiscal Note Shelter Plus Care FY23 - Budget 220846 Sponsor: Director of the Health Department 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; and designating requisitioning authority. Attachments: TB Grant FY23 - Fact Sheet TB Grant FY23 - Fiscal Note TB Grant FY23 - Budget 220847 Sponsor: Director of the Health Department Accepting and approving a one year $269,601.00 grant with the Missouri Department of Health and Senior Services that provides funding for the Nurse Family Partnership Program; and designating requisitioning authority. Attachments: NFP Building Blocks FY23 - Fact Sheet NFP Building Blocks FY23 - Fiscal Note NFP Building Blocks FY23 - Budget 220848 Sponsor: Director of the Health Department Accepting and approving a $15,232.00 grant award from the Missouri Department of Health and Senior Services to establish an Enhanced Gonococcal Isolate Surveillance Project (eGISP) site in Kansas City, Missouri; and designating requisitioning authority. Attachments: eGISP FY23 - Fact Sheet eGISP FY23 - Fiscal Note eGISP FY23 - Budget Page 5 of 14 Council Docket - Final September 29, 2022 220852 Sponsor: Director of Health Department Accepting and approving a $250,000.00 grant award agreement from the United States Department of Justice, Office of Justice Programs, to support the Aim4Peace Hospital Responders Program; estimating and appropriating $250,000.00 in the Health Grants Fund; and designating requisitioning authority. Attachments: Aim4Peace Hospital Responders Program FY23 - Fact Sheet Aim4Peace Hospital Responders Program FY23 - Fiscal Note Aim4Peace Hospital Responders Program FY23 - Budget Approp Admin - TMP - 2236 Approp Admin Rev - TMP - 2236 Fowler and Loar 220862 Sponsor(s): Councilmembers Dan Fowler and Teresa Loar Rezoning an approximately 1.2 acre tract of land generally located on the south side of N.W. Barry Road between N. Hickory Street on the west and N. Thomas Meyers Drive on the east (1101 NW Barry Road) from R-80 (Residential 80) to B3-2 (Community Business dash 2) (CD-CPC-2022-00149). Attachments: No Fact Sheet TRANSPORTATION, INFRASTRUCTURE AND OPERATIONS COMMITTEE 220776 Sponsor: Director of General Services Department Amending Chapter 2, Code of Ordinances, by enacting Section 2-886, dispensing with the requirement that certain improvements erected or to be erected upon land belonging to the City be approved by the Municipal Art Commission. Attachments: 220776 Fact Sheet 220776 Fiscal Note Page 6 of 14 Council Docket - Final September 29, 2022 Robinson 220809 Approving and authorizing the City Manager to enter into a master agreement with the Missouri Highways and Transportation Commission, The Lamar Company, L.L.C., and TLC Properties, Inc. for the grant of permanent easements on City properties located in the vicinity of I-70 and Highway 40 for the public purpose of facilitating the construction of the Buck O’Neil Bridge replacement project; and authorizing City Manager to execute easement documents. Attachments: 220809 No Fact Sheet 220809 Fiscal Note Lucas 220860 Sponsor: Mayor Quinton Lucas Accepting a $25,000.00 Award from the U.S. Conference of Mayors Climate Challenge in recognition of the City’s zero fair zero emissions transit initiative; and estimating that amount as revenue and appropriating that $25,000.00. Attachments: 220860 No Fact Sheet 220860 Fiscal Note 220860 Approp Admin SECOND READINGS: TRANSPORTATION, INFRASTRUCTURE AND OPERATIONS COMMITTEE 220854 Sponsor: Director of Water Services Authorizing a $1,400,000.00 construction contract with SHEDIGS IT, L.L.C., for the Supplemental Workforce for Water Distribution System Repairs project; and authorizing two successive one-year renewal options for a maximum expenditure of $3,400,000.00 with further City Council approval. Attachments: 220854 Fact Sheet 220854 Fiscal Note 220854 Revised Fact Sheet Ordinance 220854-Docket Memo 9755 Page 7 of 14 Council Docket - Final September 29, 2022 220855 Sponsor: Director of Water Services Authorizing a $3,000,000.00 construction contract with Leath & Sons, Inc., for the Sewer Line Repairs at Various Locations Fiscal Year 2023 (On-Call Contract) project; and authorizing two successive one-year renewal options for a maximum expenditure of $9,000,000.00 with further City Council approval. Attachments: 220855 Fact Sheet 220855 Fiscal Note Ordinance 220855-Docket Memo 1648 220856 Sponsor: Director of Water Services Authorizing a $1,370,201.23 Design-Build Contract Change Order No. 2 with Leath & Sons, Inc., for the Water Main Replacement in the Area of State Line Road to Mill Street Parkway, W. 46th Street to W. 55th Street for a total contract amount of $8,101,695.14. Attachments: 220856 Fact Sheet 220856 Fiscal Note Ordinance 220856-Docket Memo 9430-Revised 220859 Sponsor: Director of Aviation Department Estimating revenue in the amount of $763,000.00 to the Federal Stimulus Grants account; and authorizing acceptance of the Infrastructure Investment and Jobs Act of 2021 referred to as the Bipartisan Infrastructure Law (BIL) Act Grant Offer from the United States of America, acting through the Federal Aviation Administration (FAA). Attachments: 220859 Fact Sheet 220859 Fiscal Note FIRST READINGS: FINANCE, GOVERNANCE AND PUBLIC SAFETY COMMITTEE 220876 Sponsor: Law Department Approving and authorizing settlement of Equal Employment Opportunity Commission Charge No. 563-2022-02169 in the amount of $100,000.00. Attachments: fact sheet Fiscal Note TMP 2360 Page 8 of 14 Council Docket - Final September 29, 2022 NEIGHBORHOOD PLANNING AND DEVELOPMENT COMMITTEE City Plan Commission 220871 Sponsor: Director of City Planning and Development Department Rezoning an area of about 30.26 acres generally located at E. 87th Street and Interstate 435 from UR to UR and approving a UR development plan and preliminary plat for the construction of two buildings and a fuel island (CD-CPC-2022-00132). Attachments: FoleyPPT CPC Disposition Letter CPC Stamped Plans Fact Sheet Staff Report City Plan Commission 220872 Sponsor: Director of City Planning and Development Department Rezoning an area of about 2 acres located at 7915 N. Oak Trafficway from District B1-1 to District B2-1 to allow for an animal hospital. (CD-CPC-2022-00148) Attachments: 09_CD-CPC-2022-00148_StaffReport_Gladstone Animal Hospital 9-20 CPC PPT_Rezoning CPC Dispo Letter Exhibit Map Fact Sheet Page 9 of 14 Council Docket - Final September 29, 2022 City Plan Commission 220877 Sponsor: Director of City Planning and Development Department Approving a development plan (non-residential) in District B3-2 on about 0.6 acres generally located at the northwest corner of N. Grand Avenue and N.E. Harlem Road to allow for two primary structures on one lot. (CD-CPC-2022-00111) Attachments: CD-CPC-2022-00111_FactSht_8-19-22 Harlem Flex Site Development Plan 06.13.2022_v1 Stormwater Report -Harlem Flex N 300 Grand Ave 06.13.2022_v1 11_CD-CPC-2022-00111_Staff Report_8-16-22 8-16-22_CPC PwrPnt_CD-CPC-2022-00111 Dispo_8-16-22 City Plan Commission 220878 Sponsor: Director of City Planning and Development Department Rezoning an area of about 5.6 acres generally located on the west side of Holmes Road, approximately 700 feet south of E. 127th Street from District O-2 to District R-5, and approving a preliminary plat, creating 19 detached lots. (CD-CPC-2022-00061 and CD-CPC-2022-00077) Attachments: CD-CPC-2022-00061&CD-CPC-2022-00077_Factsheet Exhibit A_ Section Map Limeview Civil Plans_2022-08-12_v1 (1) 9_CD-CPC-2022-00061_2022-00077_Staff Report_07-06-22 07-05-22_CPCPPT_MB CPC Disposition Letter 7-5-22 220879 Sponsor: Director of City Planning and Development Department Approving the plat of Theodore Jack Court, an addition in Jackson County, Missouri, on approximately 2.61 acres generally located at the northeast corner of W. 112th Terrace and State Line Road, creating 5 lots and 2 tracts for the purpose of a 5 lot single family home subdivision; accepting various easements; establishing grades on public ways; authorizing the Director of City Planning and Development to execute and/or accept certain agreements; and directing the City Clerk to record this ordinance and attached documents. (CLD-FnPlat-2020-00029) Attachments: 2020-00029 Ordinance Fact Sheet Page 10 of 14 Council Docket - Final September 29, 2022 Tax Increment Financing (TIF) Commission 220881 Sponsor: City Manager’s Tax Increment Financing Commission Accepting the recommendations of the Tax Increment Financing Commission as to Redevelopment Project 5 of the Metro North Crossing Tax Increment Financing Plan; approving and designating Redevelopment Project Area 5 of the Metro North Crossing Tax Increment Financing Plan and authorizing Tax Increment Financing therefor; and directing the City Clerk to transmit copies of this ordinance. Attachments: MNC PA5 Presentation Metro North Crossing - Project Area 5 - FACT SHEET Loar, Fowler, O'Neill and Hall 220882 Sponsor(s): Councilpersons Loar, Fowler, O’Neill and Hall RESOLUTION - Amending the KCI Area Plan by amending the proposed Land Use Plan and Map from Agricultural/Residential District to Industrial District for an area of approximately 290 acres generally located east of N. Winan Road, west of Interurban Road, north of N.W. 128th Street and south of the extension of N.W. 136th Street. (CD-CPC-2022-00095) Loar, Fowler, O'Neill and Hall 220883 Sponsor(s): Councilpersons Loar, Fowler, O’Neill and Hall Rezoning an area of approximately 2136 acres generally located between I-29 and N.W. 128th Street on the south, N. Bethel Avenue on the west, 92 Highway on the north for portions west of N. Winan Avenue and N.W. 136th Street on the north for portions west of N.W. Interurban Road, from M1-5 and AG-R to District MPD, and approving a MPD Development Plan that serves as a preliminary plat for the development of public/civic, agricultural, commercial, warehouse and industrial uses. (CD-CPC-2022-00097) Loar, Fowler, O'Neill and Hall 220884 Sponsor(s): Councilpersons Loar, Fowler, O’Neill and Hall Amending the Major Street Plan for the realignment of N.W. 128th Street, N.W. 136th Street, N. Ambassador Drive and N. Winan Avenue and addition of N.W. 132nd Street, in the area between N. Bethel Avenue on the west, Interurban Road on the west, 92 Highway on the north and I-29 on the south. (CD-CPC-2022-00096) Page 11 of 14 Council Docket - Final September 29, 2022 Robinson 220885 Sponsor: Councilmember Robinson RESOLUTION - Amending the Heart of City Area Plan, approved with Resolution No. 110159 on April 21, 2011, by changing the land use recommendation on a total of 2.412 acres located at 3711 E. 27th Street from institutional to mixed use neighborhood and residential medium high. (CD-CPC-2022-00099) Robinson 220886 Sponsor: Councilmember Robinson Rezoning an area of about 2.412 acres generally located at 3711 E. 27th Street from Districts B3-2 and R-2.5 to UR, between Monroe Avenue to the west and Cleveland Avenue to the east, and approving a development plan to allow for the development of a senior housing complex. (CD-CPC-2022-00073) TRANSPORTATION, INFRASTRUCTURE AND OPERATIONS COMMITTEE 220874 Sponsor: Director of Water Services Department Authorizing a $9,293,000.00 Construction Contract with Garney Companies, Inc., for the Birmingham Pump Station Screen Replacement; authorizing a maximum expenditure of $10,222,300.00; and authorizing a $603,143.68 Design Professional Services Amendment No. 1 to Contract No. 1588, for the Birmingham Pump Station Screen Replacement project with Lion CSG, LLC, for a total contract amount of $931,766.68; and recognizing this ordinance as having an accelerated effective date. Attachments: 1588 SLBE-WSDEPS Approval 1662 1588 Amendment 1 Fact Sheet 1662 Approved Construction Goals 1662 Construction Contract 1588 DPS Contract and Amendment 1 Fiscal Note TMP 2329 Page 12 of 14 Council Docket - Final September 29, 2022 220875 Sponsor: Director of General Services Department Declaring certain real property generally located on the west side of Searcy Creek between 210 Highway and approximately N.E. 36th Street, Kansas City, Missouri 64117 surplus to the City's needs; authorizing the Director of General Services to offer the sale of the City’s interest in this real property in accordance with City regulations, and execute related documents to complete the transfer of the real property while reserving easements, as necessary, for any existing City owned sewer, storm water, and water line infrastructure on the said property. Attachments: Fact Sheet Searcy Creek surplus 2022 Fiscal Note Searcy Creek Pkwy 2022 220880 Sponsor: Director of Public Works Department Authorizing Amendment No. 2 to a design professional services agreement with McClure Engineering Company, for $188,955.00 for the 23rd Street Improvements project, for a total contract amount of $522,848.00. Attachments: Fact Sheet 89008540 Fiscal Note 89008540 FLOOR INTRODUCTION(S) Barnes Jr., Bough, Ellington, Fowler, Hall, Loar, Lucas, McManus, O'Neill, Parks-Shaw, Robinson, Bunch and Shields 220887 Sponsor: Councilperson Lee Barnes, Jr. Honoring the Beta Omega Chapter of Omega Psi Phi Fraternity, Inc., as the brotherhood celebrates their Centennial Anniversary with the purpose of honoring their rich history and contributions to the City of Kansas City, Missouri. COMMUNICATIONS: 220873 Notice to the City Clerk from Shoal Creek Community Improvement District regarding their revised annual report covering fiscal year ending April 30, 2022 (May 1, 2021 through April 30, 2022). Attachments: Shoal Creek - Annual Report 9.28.2022 MISCELLANEOUS BUSINESS: Page 13 of 14 Council Docket - Final September 29, 2022 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. 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