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Last Published: 1/6/2012 1:36:49 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
 

120007
RESOLUTION - Honoring Gladys M. Bishop on her retirement after 33 years and 10 months of dedicated service to the City of Kansas City, Missouri.


Adopted

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

120024
RESOLUTION - Honoring and recognizing Heather A. Brown upon her retirement from the Law Department after more than 27 distinguished years of dedicated service to the City.


Adopted

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

120015
COMMUNICATION - Notice from the City Clerk to Mayor and Council regarding Receipt of a Supplemental Initiative Petition for Removal of City Financial Involvement in production of nuclear weapons components submitted on December 21, 2011.


Received And Filed

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

120016
COMMUNICATION - Notice from the City Clerk to Mayor and Council regarding Receipt of a Supplemental Initiative Petition for Safeguarding Jobs with Contingency Plans for Nuclear Weapons Facilities submitted on December 21, 2011.


Received And Filed

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

120021
COMMUNICATION - Notice received by the City Clerk regarding a Petition of Protest of Zoning Change for Ordinances 110818 and 110819.


Received And Filed

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

120022
COMMUNICATION - Notice from the City Clerk to Mayor and Council regarding notice of sufficiency receipt of a Supplemental Initiative Petition for Removal of City Financial Involvement in Production of Nuclear Weapons Components.


Received And Filed

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

120023
COMMUNICATION - Notice from the City Clerk to Mayor and Council regarding notice of sufficiency receipt of a Supplemental Initiative Petition for Safeguarding Jobs with Contingency Plans for Nuclear Weapons Facilities.


Received And Filed

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

110952
RESOLUTION - Replacing the Gashland Area Plan, and Nashua-Newmark Area Plan with the Gashland-Nashua Area Plan for an area bounded by the city limits of Smithville and portions of the unincorporated areas of Clay County, Missouri on the north, the city limits of Gladstone, Missouri on the south, Woodland Avenue/Maplewoods Parkway and Indiana Avenue on the east and the Clay-Platte County boundary on the west.


Adopted

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

110953
RESOLUTION - Adopting the North Oak Corridor Streetscape Plan, which will serve as a comprehensive guide for future streetscape improvements within the planning area, which extends one-half block to the east and west of N. Oak from N. 32nd Street to Englewood Boulevard.


Adopted

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

110967
RESOLUTION - Recognizing the Cultural Heritage District, a guide for future development for that part of Kansas City, Missouri, that is generally bounded by 41st Street to the north, Volker Boulevard to the south, Gillham Road to the east and Main Street to the west.


Adopted

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

110976
RESOLUTION - Approving the Truman Plaza Area Plan as a guide for the future development, redevelopment and public investment within the area bounded generally by the Union Pacific Railroad Tracks on the north, Interstate 35, The Paseo and Woodland Avenue on the west, Interstate 70 on the south, and the Big Blue River, BNSF Railroad Tracks, and Belmont Avenue on the east; amending the Independence Avenue Corridor Plan, Truman Road Corridor Redevelopment Study, Blue Valley Industrial Plan by deleting the portion of these plans covered by the Truman Plaza Area Plan; and repealing and replacing the St. John Corridor Infrastructure and Land Use Plan, Garfield-Independence Plaza Area Plan, East 23rd Street Area Plan, and the Budd Park Area Plan. (693-S, 427-S-1, Ord. 001549, 517-S-2, 221-S-6, 622-S-1, 201-S-11, 216-S-5, 207-S-6)


Adopted

Ayes: 13 - Wagner, Davis, Ford, Johnson, Curls, Reed, Glover, Marcason, Circo, Brooks, Taylor, Sharp, James, Jr.
Nays: 0
 
 Councilmember Marcason Move to Waive Charter Requirement
I MOVE THAT THE CHARTER REQUIREMENTS FOR READING OF ORDINANCE NO(S): ADVANCE CONSENTS: 1. 110974 2. 110986 ADVANCE DEBATES: 1. 110981 2. 110972 (sub) 3. 110975 ON THREE SEPARATE DAYS BE WAIVED 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

110974
Authorizing the Director of General Services to enter into a lease agreement with the Black Economic Union of Greater Kansas City, Inc., in the amount of $44,817.20, for office space located at 1601 E. 18th Street, Suite 209 in Kansas City, Missouri.


Passed

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

110986
Authorizing an amendment to an agreement with Walter P. Moore and Associates, Inc. for design of street improvements and culvert replacement; and recognizing an emergency.


Passed

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

110981
Approving a Termination Agreement between the Industrial Development Authority of the City of Kansas City, Missouri and Lehman Brothers Special Financing, Inc. to settle a claim against such Issuer.


Passed

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

110972
(Sub.)
Approving Change Order No. 1 with J. M. Fahey Construction Company for Citywide Asphalt and Concrete Repairs Renewal 1; and authorizing the Director of Water Services to expend approximately $2,000,000.00.


Passed as Substituted

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

110975
Establishing the 2012A Water Revenue Project Fund; estimating revenues in the amount of $22,500,000.00 in the 2012A Water Revenue Project Fund and appropriating the same; designating requisitioning authority; declaring the City’s intent to reimburse itself from bond proceeds; and recognizing an emergency.


Passed

Ayes: 13 - Wagner, Davis, Ford, Johnson, Curls, Reed, Glover, Marcason, Circo, Brooks, Taylor, Sharp, James, Jr.
Nays: 0
 
 Councilmember Circo Move to Waive Charter Requirement
I MOVE THAT THE CHARTER REQUIREMENTS FOR READING OF THE ORDINANCES ON THREE SEPARATE OCCASIONS IS WAIVED FOR THE ORDINANCES ON SECOND READING ON PAGE 5 OF TODAY’S DOCKET AND THAT THESE ORDINANCES BE PLACED ON THE DOCKET NEXT WEEK FOR THIRD READING.
 
Ayes: 13 - Wagner, Davis, Ford, Johnson, Curls, Reed, Glover, Marcason, Circo, Brooks, Taylor, Sharp, James, Jr.
Nays: 0

110925
Approving an amendment to a previously approved preliminary plan in District UR on an approximately 251 acre tract of land generally bounded by the south side of Interstate 29 on the north, the Clay/Platte County Line on the west, the Missouri River on the south, and a line located east of N. Jarboe Court on the east. (10579-UR-13)


Assigned to Third Read Calendar

110983
Approving an amendment to a previously approved development plan in District UR on approximately 14.7 acres generally located at the northwest corner of Elmwood Avenue and Blue Parkway. (12250-UR-2)


Assigned to Third Read Calendar

110984
Vacating a portion of W. 4th Street, east of Madison Avenue, Kansas City, Jackson County, Missouri; retaining a utility easement; and directing the City Clerk to record certain documents in Jackson County. (1624-V)


Add to Consent Docket

110957
Authorizing an amendment to an agreement with H W Lochner, Inc., for a quiet zone study.


Assigned to Third Read Calendar

110973
Amending Chapter 64, Article I, Code of Ordinances, by repealing and reenacting Section 64-2 for the purpose of providing for the administrative transfer of certain interests in land.


Assigned to Third Read Calendar
 
 Councilmember Circo Move to Waive Charter Requirement
I MOVE THAT THE CHARTER REQUIREMENT FOR READING OF ORDINANCES ON THREE SEPARATE OCCASIONS BE WAIVED FOR THE ORDINANCES ON FIRST READING ON PAGES 6-8 OF TODAY’S DOCKET 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

120002
Approving and authorizing settlement of a claim by Twenty/Twenty Investments, LLC, Claim No. T1112-0310A.


Referred to Finance, Governance & Ethics Committee

120010
Amending Chapter 2 of the Code of Ordinances by repealing Section 2-964, entitled Commission established; membership; officers, and enacting in lieu thereof a new section of like number.


Referred to Finance, Governance & Ethics Committee

120020
Calling for submission to the voters of Kansas City, at a general municipal election to be held on April 3, 2012, a question amending the Charter of Kansas City to increase the mandatory retirement age of municipal judges from age 65 to the age provided by state law for circuit court judges; directing the City Clerk to notify the responsible election authorities of the election; and recognizing this ordinance to be an emergency measure.


Referred to Finance, Governance & Ethics Committee

120013
Providing for an increase in the percentage of interest earnings which may be used for upkeep and maintenance of the Liberty Memorial and Memorial Museum from 45% to 90%.


Referred to Neighborhoods & Healthy Communities Committee

120017
Accepting and approving a one-year $48,980.00 contract with the Missouri Department of Health and Senior Services to provide funding for tuberculosis control activities.


Referred to Neighborhoods & Healthy Communities Committee

120025
Accepting the recommendations of the Tax Increment Financing Commission as to the Tenth Amendment to the Eleventh Street Corridor Tax Increment Financing Plan; and approving the Tenth Amendment to the Eleventh Street Corridor Tax Increment Financing Plan.


Referred to Planning, Zoning & Economic Development Committee

120003
Amending Chapter 10, Code of Ordinances, by repealing section 10-104, Sunday licenses, and 10-335, prohibited acts on sales-by-drink premises and enacting in lieu thereof new sections of like number and subject matter which will allow manufacturers and other sales-by-drink license holders to give samples of alcoholic beverages to customers and allow wine manufacturers to apply for and receive a sales-by-drink Sunday license.


Referred to Public Safety & Emergency Services Committee

120004
Amending Chapter 10, Code of Ordinances, by repealing section 10-105, general requirements for temporary and annual catering permits, and enacting in lieu thereof a new section of like number and subject matter which will allow an eligible liquor license holder to cater liquor to a public indoor event held in the city of Kansas City, Missouri.


Referred to Public Safety & Emergency Services Committee

120005
Amending Chapter 10, Code of Ordinances, by repealing section 10-332, restrictions and prohibited acts by all retail licensees, and enacting in lieu thereof a new section of like number and subject matter which changes the amount of malt liquor or nonintoxicating beer, from 30 to 32 ounces, that can be chilled or refrigerated on a licensed premises to be sold for off-premise consumption.


Referred to Public Safety & Emergency Services Committee

120011
Amending Chapter 14, Code of Ordinances, by repealing Sections 14-24, Immunization required, and 14-52, Schedule of user fees, and 14-62, Free ride home program, and enacting in lieu thereof new sections of like number and subject matter.


Referred to Public Safety & Emergency Services Committee

120012
Amending Chapters 10, 40 and 68, Code of Ordinances, by repealing Sections 10-1, Definitions, 10-187, Tax clearance, 40-14, Extension of time for payment of license tax and 68-567, Extension of time for payment, and enacting in lieu thereof new sections of like number and subject matter which allows the Commissioner of Revenue to enter into payment plans in exceptional mitigating circumstances and will allow the Director of Neighborhood and Community Services Department or their designee to issue a conditional liquor license for the renewal of a liquor license when an applicant is unable to receive a tax clearance letter but has been put on a tax payment plan as approved by the Commissioner of Revenue.


Referred to Public Safety & Emergency Services Committee

120001
Authorizing the execution of a cost reimbursement agreement for the Kansas City International Airport (KCI Intermodal Business Centre).


Referred to Transportation & Infrastructure Committee

120008
Amending Chapter 38, Code of Ordinances, by repealing Sections 38-1 through 38-6, and enacting in lieu thereof new Sections 38-1 through 38-4; and repealing and reenacting Section 38-31, all for the purpose of updating and revising the procedures applicable to affirmative action compliance and unlawful discriminatory practices in City’s contracting.


Referred to Transportation & Infrastructure Committee

120009
Authorizing a Cooperative Agreement for water purchase between Clay County, Missouri and Kansas City, Missouri, for a period of twenty (20) years.


Referred to Transportation & Infrastructure Committee

120014
Authorizing the Director of Water Services Department to enter into a renewal contract with Ace Pipe Cleaning, Inc., for Sludge Hauling Services for various Water Services Department facilities; and authorizing the expenditure of approximately $366,482.67.


Referred to Transportation & Infrastructure Committee

120018
Estimating and appropriating grant revenues in the amount of $100,000.00 regarding Riverfront Heritage Trail; and recognizing an emergency.


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

120026
RESOLUTION - Appointing Todd D. Wilcher as Housing Judge of the Kansas City Municipal Division of the Sixteenth Judicial Circuit Court of Missouri.


Councilmember Circo Move to Advance

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


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.