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Last Published: 1/12/2012 4:17:41 PM
KANSAS CITY COUNCIL RECORD
 
Upon Roll Call the following members were present:
Presided:1 - SYLVESTER JAMES, JR.
Present:11 - SCOTT WAGNER, DICK DAVIS, ED FORD, MELBA CURLS, JERMAINE REED, JIM GLOVER, JAN MARCASON, CINDY CIRCO, MICHAEL BROOKS, SCOTT TAYLOR, JOHN SHARP
Excused:1 - RUSS JOHNSON
 

120033
RESOLUTION - Welcoming Dr. Doretha K. Williams as Executive Director of Black Archives.


Adopted

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

120027
COMMUNICATION - For December 2011: Accepting a deed in Jackson County, Missouri and directing the City Clerk to record the acceptance.


Received And Filed

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

120028
COMMUNICATION - EMERGENCY REGULATION E41342; E41343 & E41344


Received And Filed

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

120029
COMMUNICATION - January 2012 – Accepting two deeds in Jackson County Missouri and requesting that the City Manager approve the acceptance.


Received And Filed

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

120030
COMMUNICATION - Notice to the City Clerk from the Performing Arts Community Improvement District regarding Resolution No. 2011-17 and their proposed budget for fiscal year 2012 & 2013.


Received And Filed

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

120031
COMMUNICATION - Notice of Temporary Traffic Regulations Numbers 61160 through 61212


Received And Filed

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

120032
COMMUNICATION - Notice from the City Clerk to Mayor and Council regarding receipt of the legal descriptions of each City Council district reflected in Map 1-Revised adopted by Ordinance 110832 as required by Section 2-41(b), Code of Ordinances.


Received And Filed

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

120034
COMMUNICATION - Notice of Temporary Traffic Regulations Numbers 61213 through 61233


Received And Filed

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

120039
RESOLUTION - Establishing an additional priority and position for the Missouri General Assembly’s 2012 Legislative Session related to eligibility for Missouri’s Child Care Assistance Program.


Adopted

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

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)


Passed

Ayes: 12 - Wagner, Davis, Ford, 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)


Passed

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

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)


Passed

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

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


Passed

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

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.
 
 Councilmember Marcason Move to Waive Charter Requirement
I MOVE THAT THE CHARTER REQUIREMENTS FOR READING OF ORDINANCE NO(S): ADVANCE CONSENTS: 1. 120002 2. 120014 3. 120018 ADVANCE DEBATES: 1. 120025 2. 120005 3. 120011(sub) 4. 110971 ON THREE SEPARATE DAYS BE WAIVED AND THAT THESE ORDINANCES BE ADVANCED FOR FINAL READING AND CONSIDERATION AT THIS TIME.
 
Ayes: 12 - Wagner, Davis, Ford, 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.


Passed

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

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.


Passed

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

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


Passed

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

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.


Passed

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

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.


Passed

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

120011
(Sub.)
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.


Passed as Substituted

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

110971
Authorizing the Director of Water Services to enter into a contract with Genesis Plumbing Enterprises, LLC, for sewer line repairs at various locations 2012 Fiscal Year project; and authorizing the expenditure of approximately $2,000,000.00.


Passed

Ayes: 12 - Wagner, Davis, Ford, 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 PAGES 6-7 ON THE PRINTED DOCKET AND THAT THESE ORDINANCES BE PLACED ON THE DOCKET NEXT WEEK FOR THIRD READING.
 
Ayes: 12 - Wagner, Davis, Ford, Curls, Reed, Glover, Marcason, Circo, Brooks, Taylor, Sharp, James, Jr.
Nays: 0

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.


Add to Consent Docket

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.


Assigned to Third Read Calendar

120003
(Sub.)
Amending Chapter 10, Code of Ordinances, by repealing section 10-104, Sunday licenses, and enacting in lieu thereof a new section of like number and subject matter which will allow wine manufacturers to apply for and receive a sales-by-drink Sunday license.


Assigned Third Read Calendar as Substituted

120004
(Sub.)
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.


Assigned Third Read Calendar as Substituted

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.


Assigned to Third Read Calendar

110970
(Sub.)
Amending Chapter 38, Code of Ordinances, by repealing Section 38-84 in its entirety; subsection (a) of Section 38-85; subsections (c) and (d) of Section 38-88; subsection (a) of Section 38-90; subsection (a) of Section 38-91; subsection (a) of Section 38-98; Section 38-99 in its entirety; Section 38-100.1 in its entirety; and subsection (s) of Section 38-100.4, and enacting in lieu thereof new provisions of like designation and subject matter for the purpose of updating the MWBE program with regard to certification of firms, goal setting procedures, participation credit allowances and appeals.


Assigned Third Read Calendar as Substituted

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


Add to Consent Docket

120008
(Sub.)
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.


Assigned Third Read Calendar as Substituted

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


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 8-9 ON THE PRINTED DOCKET AND THAT THESE ORDINANCES BE INTRODUCED AS LISTED TO THE COMMITTEE SO DESIGNATED.
 
Ayes: 12 - Wagner, Davis, Ford, Curls, Reed, Glover, Marcason, Circo, Brooks, Taylor, Sharp, James, Jr.
Nays: 0

120042
Authorizing the City Manager to execute a Settlement Agreement with Clay County, Missouri resolving disputes related to funds for roads and bridges.


Referred to Finance & Transportation Joint Committee

120043
RESOLUTION - Calling for the joint establishment of one or more Transportation Development Districts with the Port Authority of Kansas City, Missouri, for the purpose of implementing and funding the design, engineering, construction and operation of a downtown streetcar.


Referred to Finance & Transportation Joint Committee

120037
Authorizing and directing the issuance, sale and delivery of not to exceed $61,000,000.00 principal amount of Water Revenue Bonds, Series 2012A, of the City of Kansas City, Missouri, prescribing the form and details of such revenue bonds; authorizing certain actions and documents and prescribing other matters relating thereto.


Referred to Finance, Governance & Ethics Committee

120041
Approving and authorizing settlement of a claim by 911 E. Walnut, LLC, Claim No. T1112-0695A.


Referred to Finance, Governance & Ethics Committee

120044
Reducing the Contingent Appropriation in the General Fund by $400,000.00; and appropriating it to Neighborhood and Community Services, Dangerous Buildings.


Referred to Finance, Governance & Ethics Committee

120046
RESOLUTION - Supporting improved healthy food access in Kansas City, Missouri, and the Greater Kansas City Food Policy Coalition; and directing the City Manager to assign staff to work with this coalition to achieve our shared goals.


Referred to Neighborhoods & Healthy Communities Committee

120035
Approving the plat of Brentwood Hills - Third Plat, an addition in Clay 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. (SD1156J)


Referred to Planning, Zoning & Economic Development Committee

120036
Accepting a Quitclaim Deed from the United States of America conveying to Kansas City a certain lot in Kansas City, Jackson County, Missouri; approving the conveyance of said property to Heart N Hand Ministries, Inc., through Special Warranty Deed; and directing recording of appropriate deeds and ordinances.


Referred to Planning, Zoning & Economic Development Committee

120040
Authorizing the Director of City Development to execute an agreement not to exceed $1,479,751.00 with the Economic Development Loan Corporation to administer the Kansas City Brownfields Revolving Loan Fund Program, capitalized in part with funds made available by the American Recovery and Reinvestment Act of 2009; and authorizing expenditures of $1,479,751.00 from previously appropriated funds.


Referred to Planning, Zoning & Economic Development Committee

120045
Authorizing execution of an amendment to a contract with the Economic Development Corporation of Kansas City, Missouri by increasing the maximum amount of compensation to $8,706,361.00 for the provision of special services to the City under the Neighborhood Stabilization Program (NSP).


Referred to Planning, Zoning & Economic Development Committee

120038
Authorizing the Director of Water Services to execute a Design Agreement with the U.S. Army Corps of Engineers relating to the East Bottoms Levee Reconstruction; and authorizing the expenditure of $119,000.00 for the City's share of the Agreement.


Referred to Transportation & Infrastructure Committee

120047
Authorizing the transfer of $50,000.00 in the Capital Improvement Fund from the Water Services Department account to the Public Works Department account; and designating requisitioning authority.


Referred to Transportation & Infrastructure Committee
 
 Councilmember Sharp Move To Introduce
 
Ayes: 12 - Wagner, Davis, Ford, Curls, Reed, Glover, Marcason, Circo, Brooks, Taylor, Sharp, James, Jr.
Nays: 0

120048
RESOLUTION - Establishing the City’s positions on matters that may come before the 112th United States Congress during its 2nd Session in 2012.


Councilmember Sharp Move to Advance

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


Adopted

Ayes: 12 - Wagner, Davis, Ford, 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.