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Last Published: 1/20/2012 10:09:39 AM
KANSAS CITY COUNCIL RECORD
 
Upon Roll Call the following members were present:
Presided:1 - CINDY CIRCO
Present:11 - SCOTT WAGNER, DICK DAVIS, ED FORD, RUSS JOHNSON, MELBA CURLS, JERMAINE REED, JIM GLOVER, JAN MARCASON, MICHAEL BROOKS, SCOTT TAYLOR, JOHN SHARP
Excused:1 - SYLVESTER JAMES, JR.
 

120051
RESOLUTION - Congratulating Ambassador Steel on receiving the Missouri Labor Department’s Safety and Health Achievement Recognition award on December 13, 2011.


Adopted

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

120053
COMMUNICATION - Notice to the Mayor & City Council from the City Clerk regarding City of Kansas City, Missouri Employees' Retirement System MAST Special Study as of January 1, 2011.


Received And Filed

120054
COMMUNICATION - Notice to the Mayor and Council from the Planned Industrial Expansion Authority regarding Notice of Intent to Accept Redevelopment contract Proposal submitted by Rockhill Greens, LLC for the Rockhill Greens project located at 65th Street & Troost Avenue, Kansas City Missouri in the Troost Rockhill PIEA Area.


Received And Filed

120055
COMMUNICATION - January 2012-Accepting various easements and deeds in Kansas City, Clay County, Missouri and directing the City Clerk to record the acceptance.


Received And Filed

120056
COMMUNICATION - EMERGENCY REGULATIONS E41346-E41349


Received And Filed

120058
COMMUNICATION - January 2012-Accepting various easements and deeds in Kansas City, Jackson County, Missouri and directing the City Clerk to record the acceptance.


Received And Filed

120061
COMMUNICATION - Notice to the Mayor and City Council from the City Clerk pursuant to Rule 28-A, listing the Semi-Annual Docket items considered by the Finance, Governance & Ethics Committee, Planning, Zoning & Economic Development Committee, Transportation & Infrastructure Committee and the Legislative Session. The Neighborhoods & Healthy Communities, Public Safety & Emergency Services and Legislative Committees had no Semi-Annual Docket items to consider.


Received And Filed

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.


Adopted

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

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.


Adopted

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

120062
RESOLUTION - Approving the appointment of Thomas E. Sims as a commissioner of the Kansas City Area Transportation Authority for a term ending January 15, 2016.


Adopted

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

120063
RESOLUTION - Approving the appointments of Arzelia Gates, Riccardo Lucas, Bradley McCormack, Debra Mozie-Jenkins, CiCi Rojas and Amy Jordan Wooden as members on the Board of Directors of the Kansas City Conventions and Visitors Association (“KCCVA”).


Adopted

Ayes: 12 - Wagner, Davis, Ford, Johnson, Curls, Reed, Glover, Marcason, Circo, Brooks, Taylor, Sharp
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.


Passed

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

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


Passed

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

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.


Passed

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

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.


Passed as Substituted

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

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.


Passed as Substituted

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

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.


Passed

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

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.


Councilmember Johnson Move to Amend
COUNCILMAN JOHNSON MOVED TO AMEND SECOND COMMITTEE SUBSTITUTE FOR ORD. NO. 110970. THE AMENDMENT WOULD ENSURE THAT IF THE FAIRNESS IN CONSTRUCTION BOARD IS UNABLE TO MEET FOR WHATEVER REASON FOR LONGER THAN 30 WORKING DAYS-APPROXIMATELY EVERY 6 WEEKS-THE CITY IS ABLE TO RELEASE THE SOLICITATION WITH THE GOALS RECOMMENDED BY THE DIRECTOR OF HRD, TO BE CORRECTED IF NEEDED ONCE OFFICIALLY ESTABLISHED BY THE BOARD.
Seconded by Councilmember Taylor
Ayes: 12 - Wagner, Davis, Ford, Johnson, Curls, Reed, Glover, Marcason, Circo, Brooks, Taylor, Sharp
Nays: 0


Passed as Second Substitute as Amended

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

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; and establishing an effective date.


Councilmember Johnson Move to Amend
COUNCILMAN JOHNSON MOVED TO AMEND COMMITTEE SUBSTITUTE FOR ORDINANCE NO. 120008. THE AMENDMENT WOULD GIVE CITY STAFF SUFFICIENT TIME TO REVISE THE CITY'S CONTRACT DOCUMENTS AND ESTABLISH PROCEDURES FOR IMPLEMENTING THE CHANGES.
Seconded by Councilmember Ford
Ayes: 12 - Wagner, Davis, Ford, Johnson, Curls, Reed, Glover, Marcason, Circo, Brooks, Taylor, Sharp
Nays: 0


Passed as Substituted and Amended

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

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


Passed

Ayes: 12 - Wagner, Davis, Ford, Johnson, Curls, Reed, Glover, Marcason, Circo, Brooks, Taylor, Sharp
Nays: 0
 
 Councilmember Marcason Move to Waive Charter Requirement
I MOVE THAT THE CHARTER REQUIREMENTS FOR READING OF ORDINANCE NO(S): ADVANCE CONSENT: 120041 120047(sub) ADVANCE DEBATES: 120037 120040 120044(sub) 120045 120036 120038 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, Johnson, Curls, Reed, Glover, Marcason, Circo, Brooks, Taylor, Sharp
Nays: 0

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


Passed

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

120047
(Sub.)
Authorizing the transfer of $115,000.00 in the Capital Improvement Fund from the Water Services Department account to the Public Works Department and Parks and Recreation accounts; and designating requisitioning authority.


Passed as Substituted

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

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.


Passed

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

120044
(Sub.)
Reducing the Contingent Appropriation in the General Fund by $50,000.00; and appropriating it to Neighborhood and Community Services, Dangerous Buildings.


Passed as Substituted

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

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.


Passed

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

120040
(Sub.)
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.


Councilmember Ford Move to Amend
COUNCILMAN FORD MOVED TO AMEND ORDINANCE NO. 120040. THIS AMENDMENT FIXES THE ACCOUNT NUMBER IN SECTION 2 OF THE ORDINANCE.
Seconded by Councilmember Johnson
Ayes: 12 - Wagner, Davis, Ford, Johnson, Curls, Reed, Glover, Marcason, Circo, Brooks, Taylor, Sharp
Nays: 0


Passed as Amended

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

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).


Passed

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

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.


Passed

Ayes: 12 - Wagner, Davis, Ford, Johnson, Curls, Reed, Glover, Marcason, Circo, Brooks, Taylor, Sharp
Nays: 0
 
 Councilmember Ford 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 7 OF TODAY’S DOCKET AND THAT THESE ORDINANCES BE PLACED ON THE DOCKET NEXT WEEK FOR THIRD READING.
 
Ayes: 11 - Wagner, Davis, Ford, Johnson, Curls, Glover, Marcason, Circo, Brooks, Taylor, Sharp
Nays: 1 - Reed

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%.


Add to Consent Docket

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)


Add to Consent Docket
 
 Councilmember Ford 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 OF TODAY’S DOCKET AND THAT THESE ORDINANCES BE INTRODUCED AS LISTED TO THE COMMITTEE SO DESIGNATED.
 
Ayes: 12 - Wagner, Davis, Ford, Johnson, Curls, Reed, Glover, Marcason, Circo, Brooks, Taylor, Sharp
Nays: 0

120057
Adopting the Show Me Green Sales Tax Holiday for City sales taxes on Energy Star certified new appliances from April 19 through April 25, 2012; and directing the City Clerk to provide a certified copy of this ordinance no later than March 1, 2012, to the Missouri Department of Revenue as notice of the City's participation in the sales tax holiday.


Referred to Finance, Governance & Ethics Committee

120050
RESOLUTION - Describing and acknowledging a Joint Housing Development Partnership between the Kansas City School District, the Land Clearance for Redevelopment Authority (LCRA), the Vineyard/Seven Oaks Neighborhood Associations, and the City of Kansas City, Missouri, for the purpose of creating replacement housing units from the Seven Oaks Apartments (a.k.a. Oak Point); describing a proposed replacement housing plan throughout the Vineyard Neighborhood; and approving the issuance of a Request for Qualifications and Proposals to developers for the Oak Point site generally located at 39th and Elmwood Avenue.


Referred to Planning, Zoning & Economic Development Committee

120052
Authorizing the City Manager to amend the City’s contract with the Economic Development Corporation in an amount not to exceed $280,000.00; estimating revenue for the additional pre-development funding for the St. Michael’s Veterans Center Project on the former Holy Temple Homes site in the amount of $280,000.00 from the sale of real property located at 5500 N.E. Vivion Road; and appropriating $280,000.00 for additional activities to include funding of a predevelopment agreement for the Holy Temple Homes site and receipt of additional real estate from HEDFC and IDA.


Referred to Planning, Zoning & Economic Development Committee

120059
Authorizing execution of a contract and loan documents for the total amount of $400,000.00 with SCB Special Needs Housing, LP for funding assistance for Cameron Place Development.


Referred to Planning, Zoning & Economic Development Committee

120049
Amending Chapter 76, Code of Ordinances, by repealing section 76-75, fees, and enacting in lieu thereof a new section of like number and subject matter which makes the annual fee of three hundred dollars for a commercial vehicle permit permanent.


Referred to Transportation & Infrastructure Committee

120060
Authorizing the Director of Water Services Department to enter into a renewal contract with Durkin Equipment Company, Inc., for Service/Maintenance for the Chlorine Feed Equipment and Atmospheric Instrumentation at the Water Treatment Plant; and authorizing the expenditure of approximately $156,615.00.


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

120065
Authorizing the City Manager to execute a settlement agreement with the United States of America under the Americans with Disabilities Act.


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

120066
Approving the allocations in the FY 2013-17 Capital Improvements Program preliminary budget and the FY 2013 Neighborhood Conservation Project list as set forth in this ordinance and attached exhibits; and stating the Council's intention regarding advance funding of the FY 2013-17 Capital Improvement Program projects.


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

120067
Authorizing a contract with HDR Engineering, Inc., for the Downtown Street Car Transit System; authorizing the Director of Capital Projects to enter into a cooperative agreement with KCATA; estimating and appropriating $500,000.00; and recognizing an emergency.


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

120064
RESOLUTION - Reaffirming the City’s commitment to working collaboratively in the implementation of the downtown streetcar project.


Adopted

Ayes: 12 - Wagner, Davis, Ford, Johnson, Curls, Reed, Glover, Marcason, Circo, Brooks, Taylor, Sharp
Nays: 0
 
MISCELLANEOUS BUSINESS
 
 Consideration of Semi-Annual Docket Items. 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. 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.