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Last Published: 11/27/2006 2:54:33 PM
Upon Roll Call the following members were present:
Excused:1 - TROY NASH

Amending the Fire Prevention and Protection Code, Chapter 26, Code of Ordinances by repealing Section 26-105, and enacting in lieu thereof one new section of like number and subject matter, pertaining to Certificate of Compliance fees.

Chief Dyer said the ordinance was needed to cover the cost of fire inspections and fire permits for certain facilities. If no fire permit is needed then there is no charge for a fire inspection. With the adoption of the International Fire Code in 2003 the fire department is choosing to adopt an option of the code, which is compliance. A fee of $100 per building for inspection but does not include apartment complexes where there are multiple buildings. A cap of $100 no matter how many buildings are in a complex is proposed. This would be fair to all individuals. This would be $100 per location. Councilwoman McFadden-Weaver asked what kind of assessments would apply? Chief Dyer answered that the City Manager is compliance with the ordinance but no fees have been collected on assessments. The Law Department would have to work with others on the ordinance. If the fee schedule is repealed then the fire prevention program would have to be modified downward. Sam Alpert, Building Owner Managers Association, spoke in favor of an amendment to the code but not the ordinance that was being proposed. The association was not against compliance but against the fee proposed. They were also against the way the fee was incorporated into the fire code without any public input. Councilman Jim Glover asked what other cities of comparable size to Kansas City charged for inspections? Chief Dyer said that some do have a fee structure but he couldn't quote the amounts. He could forward that information to the committee. Other cities did not charge for inspections. Kathy Hauser, Attorney, challenged the ordinance based on criteria from the Hancock Amendment. She concluded that the fee could not meet 4 of the 5 points needed to fit the Hancock Amendment. Councilman Glover suggested that testimony on the ordinance continue but give city attorneys a changce to look over the issues raised by Ms. Hauser. City Attorney Galen Beaufort stated that staff had looked at the request but other review was needed after hearing concerns about the Hancock Amendment. The Fire Department needs to be involved in the review. Councilwoman McFadden-Weaver suggested that a committee of staff and citizens of Kansas City who would be involved with the assessments and fees work together on the ordinance. She agreed that more information needed to be given to property owners. Several persons were on hand to give testimony regarding the ordinance: Susan Moore, Commerce Bank Parking manager, asked that the ordinance fee structure be modified and Melissa Stanley, Baltimore Place manager, stated that she opposed the existing ordinance. Councilman Jim Glover asked that more time be given to the Law Department in order to review the ordinance.

Affirming the Council intent to provide Community development Block grant funding necessary to fund $300,000.00 over five years to Operation Breakthrough/St. Vincent Child Care for improvements to their child care facility at 3039 Troost and to include such funding in the 2005, 2006, 2007, 2008 and 2009 Consolidated Housing and Community Development Plan.

This item was held for 2 weeks.

Decreasing revenue in the amount of $536,938.00 in the 2003 Local Law Enforcement Block Grant Fund; decreasing appropriations in the amount of 53,092.00 in the General Fund; estimating revenue in the amount of $63,500.00 in the General Fund; appropriating $116,592.00 in the General Fund for transfer to the grant funds; estimating revenue in the amount of $267,563.00 in the 2003 Local Law Enforcement Block Grant Fund; decreasing appropriations in the amount of $414,942.00 in the 2003 Local Law Enforcement Block Grant Fund; increasing appropriations in the amount of $145,567.00 in the 2003 Local Law Enforcement Block Grant Fund; authorizing cooperative agreements with the Board of Police Commissioners ($635,000.00), Jackson County Prosecutor Office ($239,708.00) and with COMBAT and the Pan-Educational Institute ($202,000.00); directing the City Clerk to file certain documents with the appropriate offices; and recognizing an emergency.

Alan Welles, Neighborhood and Community Services, stated that the ordinance modified the allocation of revenue from last year with a 25% reduction from last year. The Neighborhood Youth Crime Prevention program is funded by the grant. Money from the grant can only be used on junicated youth for art education for youths. Any youth at-risk gets some kind of service in arts or entertainment. Currently there are 50 youths in the program. Mr. Welles stated that the program had to be decreased by 25 youths. Currently, the program is looking for other funding sources.
Ayes: 3 - Hermann, McFadden-Weaver, Glover
Nays: 0

Estimating revenue in the amount of $74,125.00 in the General Fund, appropriating it to the Fire Fighting Training account of the General Fund; and designating requisitioning authority.

Dr. Richard Gist, KCFD, stated that the ordinance would be used to increase the enrollment at the fire academy. Councilwoman McFadden-Weaver asked if the department was faced with problems of trying to attract minority populations? Dr. Gist said that the department was making progress in increasing minority recruiting. Chief Dyer stated that the department already exceeded the numbers specified by affirmative action guidelines. The internal goal is to continue to recruit new minorities. Currently the rate of recruited minorities was 48%. Councilwoman McFadden-Weaver asked about the ration of management versus labor on the minority population. Chief Dyer stated that the department was trying to correct those numbers. Top management has been there for the last 25 to 30 years and that is reflected in the number of minorities in top management. Councilwoman Deb Hermann asked if the legislation increased appropriations? Dr. Gist answered no. The funding was in the form of a block grant.
Ayes: 3 - Hermann, McFadden-Weaver, Glover
Nays: 0
 The following ordinances/resolutions are being held on the semi-annual docket pursuant to Rule 28A, recommendations regarding these ordinances/resolutions will be discussed at Committee Meetings on January 14, 2004, for final action during the Council Legislative Session January 15, 2004. This listing is provided this week for informational purposes.

Amending Chapter 54, Code of Ordinances, by repealing Sections 54-101, Purpose, 54-102, Definitions, 54-104, Application for permit, 54-109, Inspections, when required, 54-116, Operation of salvage yard, 54-117, Violations, 54-118, Property owner responsibility, and 54-119, Penalty, and enacting in lieu thereof new sections of like numbers and subject matters relating to salvage yards.
 ** Staff will provide information on the financial status of the Housing Program.**