Meeting colors

OPENPUBLICA · PUBLIC MEETING RECORD

Record of Proceedings

Kansas City Council Meeting: Sidewalk Audit and Boards Ethics Disclosures - May 12, 2022

City Council Business Session — Thursday, May 12, 2022

BodyKansas City, Missouri

SessionCity Council Business Session

DateThursday, May 12, 2022

StatusFILED

Video Record

0:00 / 52:06

Transcript — VerbatimClick a timed line to jump · ⧉ to share it

0:50

Our first item is approval of minutes for business session of April 28th, 2022.

0:54

Is there a motion?

0:55

So moved.

0:56

Then moved and seconded.

0:59

Moved by Councilman Parkshaw, seconded by Councilwoman Hall.

1:02

All in favor by saying aye.

1:04

Aye.

1:04

Aye.

1:05

Aye.

1:06

The motion passes.

1:08

First aye, we have a series of audits today.

1:11

First item is the sidewalk audit.

1:12

Go ahead.

1:28

Good afternoon, Mayor Lucas, members of City Council, City Manager Platt, Doug Jones, City Auditor's Office.

1:33

I'm here to present our April 2022 follow-up audit of the Go KC Sidewalk Program.

1:39

I will discuss the audit objective, provide some background, and summarize our findings and recommendations.

1:44

In front of your copies of the audit, the presentation slides, as well as the highlights page.

1:49

The team for this audit was Jonathan Lequeur and Suzanne Paulis.

1:52

John is here in the audience today if I need help with questions.

1:56

Our 2019 audit found public works was not ensuring all city contract requirements were met and recommended ways to improve the sidewalk repair program.

2:04

Public works agreed or agreed in part with our recommendations.

2:07

Our follow-up audit of the GoKC sidewalk program focuses on the public works department implementation of warranty inspections and previous audit recommendations related to contract enforcement of sidewalk construction.

2:18

We conducted the audit in accordance with government auditing standards.

2:22

The GoK C sidewalk program funding comes from the bond authority approved by voters in 2017.

2:28

Of the question one bond authority approved, the city committed to spending 150 million dollars towards sidewalks or about 7.5 million dollars annually.

2:37

Through 2022, the city has issued around 187 million dollars of question one's bond authority with about 35.25 million of that targeted towards sidewalks or about 7.5 million dollars a year.

2:49

Each year the city targeted $2.5 million towards ADA curb ramp replacement program and $5 million towards a backlog of sidewalk repair requests made to the city's 311 Action Center between 2008 and 2016.

3:08

For our warranty project inspections, we selected one project south of the river and one project north of the river.

3:14

Projects are contracts made up of multiple city blocks or street segments in an area.

3:18

Work on both these projects was substantially completed towards the end of 2019 or the beginning of 2020.

3:24

The date of substantial completion is the start of the warranty.

3:28

And so the two-year warranty period was close to expiring at the start of our audit period.

3:32

Our inspections look for cracking and chipping or uneven surfaces in the newly constructed sidewalks that would trigger sidewalk replacement under the contract.

3:40

Auditors identified 164 sidewalk panels, curbs, and driveway entrances that had some chipping, cracking, spalling defects that potentially qualify repair for repair or replacement under the terms of the warranty.

3:54

At the beginning of our audit, we found public works was not conducting warranty inspections.

3:58

Three projects warranties expired without city inspections.

4:02

After we began the audit, public works began conducting warranty inspections.

4:06

We found public works does not have a central tracking system for warranty expiration dates.

4:11

Individual staff track projects and personal spreadsheets or calendars.

4:15

We found their dates to be inconsistent with the documented dates for warranty expiration.

4:19

In some cases, this caused inspections to occur past the deadline or a year too early.

4:24

One project inspected by Public Works coincided with a project we inspected.

4:28

For that project, Public Works sent a letter to the contractor and identifying zero defects.

4:33

We found 85.

4:34

Public Works has since reinspected the project and issued a new letter with substantially more defects.

4:40

Because Public Works identified staffing as a strain on their ability to inspect sidewalks.

4:44

We identified public engagement through the 311 Action Center as a method to help identify projects under warranty that have defects.

5:00

Both projects were under construction during the audit.

5:03

Our inspections focused on issues we found in our 2019 audit related to contraction and expansion joint requirements.

5:10

Contraction joints are tooled or sod grooves in a slab of concrete.

5:40

Expansion joints allow for sections of concrete to float independently of one another.

5:44

This protects from freeze thaw cycles and weight transfer between concretes of different thickness or pores.

5:52

Contraction joints vary in depth depending on the depth of the concrete.

5:57

We found no contraction joints that met the depth requirements of the city.

6:00

Most were three quarters of an inch deep or less.

6:03

Typical four-inch sidewalks should have one-inch joints, while driveways and ADA ramps typically require two inches in depth.

6:10

So depths were off by anywhere from 25% to 87%.

6:14

Additionally, we found 17 contraction joints that did not extend the length of the concrete as required.

6:21

Between the two projects, we found 665 instances of missing expansion joints.

6:26

More often expansion joints were not used between new and old concrete.

Discussion Breakdown — Share of Meeting

Governance Risk Assessment██████████████████████████████████34%

Public Works█████████████████████████████29%

Personnel Matters████████████12%

Public Engagement██████████10%

Procedural████████8%

Budget Equity Analysis███3%

Pending Litigation██2%

Technology and Innovation██2%

Summary of Proceedings

Kansas City Council Meeting: Sidewalk Audit and Boards Ethics Disclosures - May 12, 2022

The Kansas City Council met on May 12, 2022, to receive and discuss two audits: a follow-up audit of the Go KC Sidewalk Program and an audit of financial disclosure filings by boards and commissions. The council also approved minutes from the previous session and addressed other administrative matters.

Consent Calendar

Approval of Minutes (April 28, 2022 business session): Motion by Councilman Parkshaw, seconded by Councilwoman Hall. Passed unanimously by voice vote.

Discussion Items

1. Follow-Up Audit of the Go KC Sidewalk Program

Presentation: Doug Jones (City Auditor's Office) presented the April 2022 follow-up audit. The audit inspected two projects and found 164 sidewalk panels with defects, 665 missing expansion joints, and contraction joints that did not meet depth requirements (most were 0.75 inches deep instead of 1-2 inches). Public Works was not conducting warranty inspections; three projects' warranties expired without inspection. Auditor also found 85 defects on a project where Public Works identified zero. Public Works lacked a central tracking system for warranty expiration dates.
Public Works Response: Assistant Director of Public Works (Udemanepale) acknowledged the findings and stated the department is implementing a construction checklist, hiring more inspectors in the new fiscal year, and revising specifications (e.g., changing contraction joint formula from T/3 to T/4). They will also add warranty tracking to the e-builder system.
Council Questions and Discussion:
- Councilman Bunch asked about tripping hazards at ADA ramps (pie wedges). Public Works stated they will stop using pie wedges moving forward and will use a gentle slope instead. Previous ramps have been painted yellow as a warning.
- Councilman Bunch also inquired about pilot programs. Public Works reported that the socket cut method is eight times cheaper than full replacement, and rubberized sidewalks are performing well (results pending from UMKC). The department plans to offer a pilot in each council district.
- Councilman Ellington raised concerns about contract oversight, asking how the city ensures value when contracts are not inspected. The Director of Public Works noted that an asset management system being developed will help track and enforce contract requirements.
- Councilwoman Hall asked about grinding and mud jacking; grinding was discontinued due to complaints from people with disabilities, and mud jacking is expensive. The socket cut method is the cheapest option.
Standards Adjustment: The Director of Public Works announced that a new standard for sidewalk closures (requiring protected accessible walkways on the same side of the street) will be released for public comment for 60 days before coming to council for approval.

2. Audit of Boards and Commissions Financial Disclosure Filings

Presentation: Doug Jones presented the audit of conflict of interest disclosure forms. In 2021, at least 12 individuals (some serving on multiple boards) did not file required forms. The initial mailing list omitted members from two boards and included about 25% names not required to file. The disclosure form itself is outdated (e.g., lacks a fax number). The audit also found that two new boards were added to city code in August 2021, but dissolved boards remain in code. The city clerk's office had no procedure to collect disclosures before new members take the oath of office. Additionally, city code does not require board members to disclose financial relationships with the board they serve on (e.g., a Visit KC board member whose company contracted with Visit KC).
City Clerk Response: Marilyn Sanders (City Clerk) was present to answer questions. The clerk disagreed with four of the nine recommendations. The clerk's office said it relies on board contacts and the mayor's office to keep information current, but faces frequent changes.
Council Discussion:
- Councilman Bunch expressed concern about the disagreements and asked how to ensure compliance. The city clerk noted that obtaining accurate information from departments is a challenge.
- Councilwoman Hall suggested using interns to help with the process. She also noted that even elected officials face no penalty for failing to file personal financial disclosures.
- Councilman Bunch (again) and Councilwoman Parkshaw called for consolidating boards and commissions. There are approximately 900 seats on over 50 boards, many of which are hard to fill.
- Mayor Lucas supported creating stronger penalties for non-compliance, such as automatic removal from boards. He noted that appointees sometimes stop showing up without notice.
- The City Attorney stated that the current ordinance provides for automatic resignation after a grace period, but that shifts the burden to the mayor to find replacements. The attorney agreed to research whether state law applies to the conflict-of-interest disclosure requirements and to propose an ordinance amendment requiring board members to disclose relationships with the board.
Auditor's Note: Information related to a potential legal matter was withheld from the published report and would require closed session discussion.

Key Outcomes

Sidewalk Audit: Public Works agreed with all recommendations and will implement a construction checklist, hire additional inspectors, revise specifications, phase out pie wedges, and improve warranty tracking. The council will receive updates on pilot programs.
Boards Audit: The city clerk agreed with five of nine recommendations; the city attorney agreed to propose an ordinance amendment for disclosure of board-related financial relationships. The council will consider consolidating or eliminating some boards and commissions to improve efficiency and compliance.
Nursing Mothers Rooms: Councilwoman Parkshaw introduced an ordinance for nursing mothers rooms that was not on the agenda due to a clerical error. She requested it be sent to the appropriate committee; the council acknowledged and the clerk will ensure it is added.
Adjournment: The meeting was adjourned after the above discussions, with no closed session requested.

Meeting Transcript

Our first item is approval of minutes for business session of April 28th, 2022. Is there a motion? So moved. Then moved and seconded. Moved by Councilman Parkshaw, seconded by Councilwoman Hall. All in favor by saying aye. Aye. Aye. Aye. The motion passes. First aye, we have a series of audits today. First item is the sidewalk audit. Go ahead. Good afternoon, Mayor Lucas, members of City Council, City Manager Platt, Doug Jones, City Auditor's Office. I'm here to present our April 2022 follow-up audit of the Go KC Sidewalk Program. I will discuss the audit objective, provide some background, and summarize our findings and recommendations. In front of your copies of the audit, the presentation slides, as well as the highlights page. The team for this audit was Jonathan Lequeur and Suzanne Paulis. John is here in the audience today if I need help with questions. Our 2019 audit found public works was not ensuring all city contract requirements were met and recommended ways to improve the sidewalk repair program. Public works agreed or agreed in part with our recommendations. Our follow-up audit of the GoKC sidewalk program focuses on the public works department implementation of warranty inspections and previous audit recommendations related to contract enforcement of sidewalk construction. We conducted the audit in accordance with government auditing standards. The GoK C sidewalk program funding comes from the bond authority approved by voters in 2017. Of the question one bond authority approved, the city committed to spending 150 million dollars towards sidewalks or about 7.5 million dollars annually. Through 2022, the city has issued around 187 million dollars of question one's bond authority with about 35.25 million of that targeted towards sidewalks or about 7.5 million dollars a year. Each year the city targeted $2.5 million towards ADA curb ramp replacement program and $5 million towards a backlog of sidewalk repair requests made to the city's 311 Action Center between 2008 and 2016. For our warranty project inspections, we selected one project south of the river and one project north of the river. Projects are contracts made up of multiple city blocks or street segments in an area. Work on both these projects was substantially completed towards the end of 2019 or the beginning of 2020. The date of substantial completion is the start of the warranty. And so the two-year warranty period was close to expiring at the start of our audit period. Our inspections look for cracking and chipping or uneven surfaces in the newly constructed sidewalks that would trigger sidewalk replacement under the contract. Auditors identified 164 sidewalk panels, curbs, and driveway entrances that had some chipping, cracking, spalling defects that potentially qualify repair for repair or replacement under the terms of the warranty. At the beginning of our audit, we found public works was not conducting warranty inspections. Three projects warranties expired without city inspections. After we began the audit, public works began conducting warranty inspections. We found public works does not have a central tracking system for warranty expiration dates. Individual staff track projects and personal spreadsheets or calendars. We found their dates to be inconsistent with the documented dates for warranty expiration. In some cases, this caused inspections to occur past the deadline or a year too early. One project inspected by Public Works coincided with a project we inspected. For that project, Public Works sent a letter to the contractor and identifying zero defects. We found 85. Public Works has since reinspected the project and issued a new letter with substantially more defects. Because Public Works identified staffing as a strain on their ability to inspect sidewalks. We identified public engagement through the 311 Action Center as a method to help identify projects under warranty that have defects. Both projects were under construction during the audit. Our inspections focused on issues we found in our 2019 audit related to contraction and expansion joint requirements. Contraction joints are tooled or sod grooves in a slab of concrete.

SUMMARIZED BY OPENPUBLICA AI

TRANSCRIPT VIA PUBLIC VIDEO
openpublica.com