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Last Published: 1/3/2008 4:17:04 PM
KANSAS CITY COUNCIL RECORD
 
Upon Roll Call the following members were present:
Presided:1 - MARK FUNKHOUSER
Present:11 - DEB HERMANN, BILL SKAGGS, ED FORD, RUSS JOHNSON, MELBA CURLS, SHARON SANDERS BROOKS, BETH GOTTSTEIN, JAN MARCASON, CINDY CIRCO, TERRY RILEY, JOHN SHARP
Excused:1 - CATHY JOLLY
 

071386
RESOLUTION - Recognizing the Information Technology Department’s Desktop Support and PC Lifecycle Group on its receipt of the City Manager’s 3-1-1 Action Center Partner of the Month Award.


Adopted

Ayes: 12 - Hermann, Skaggs, Ford, Johnson, Curls, Sanders Brooks, Gottstein, Marcason, Circo, Riley, Sharp, Funkhouser
Nays: 0

080001
COMMUNICATION - Notice received from the City Clerk regarding Certificate of Receipt of a 336 page document purported to be Petition for Initiative to Enact Smoking Prohibition in Public Places.


Received And Filed

Ayes: 12 - Hermann, Skaggs, Ford, Johnson, Curls, Sanders Brooks, Gottstein, Marcason, Circo, Riley, Sharp, Funkhouser
Nays: 0

080008
COMMUNICATION - Notice of Temporary Traffic Regulations Numbers 59747 through 59782


Received And Filed

Ayes: 12 - Hermann, Skaggs, Ford, Johnson, Curls, Sanders Brooks, Gottstein, Marcason, Circo, Riley, Sharp, Funkhouser
Nays: 0

080018
COMMUNICATION - Notice received by the City Clerk regarding a Notice of Intent to Circulate a Referendum Petition on Ordinance 071297.


Received And Filed

Ayes: 12 - Hermann, Skaggs, Ford, Johnson, Curls, Sanders Brooks, Gottstein, Marcason, Circo, Riley, Sharp, Funkhouser
Nays: 0

080029
COMMUNICATION - Notice to the Mayor and Council from the City Clerk regarding a Certificate of Sufficiency for Notice of Intent to file a Referendum Petition for Ordinance 071297 filed on December 23, 2007.


Received And Filed

Ayes: 12 - Hermann, Skaggs, Ford, Johnson, Curls, Sanders Brooks, Gottstein, Marcason, Circo, Riley, Sharp, Funkhouser
Nays: 0

080030
COMMUNICATION - Notice to the Mayor and City Council from the City Clerk regarding Certificate of Sufficiency for the Initiative Petition to Enact Smoking Prohibition in Public Places filed with the City Clerk on December 19, 2007.


Received And Filed

Ayes: 12 - Hermann, Skaggs, Ford, Johnson, Curls, Sanders Brooks, Gottstein, Marcason, Circo, Riley, Sharp, Funkhouser
Nays: 0

080031
COMMUNICATION - Notice to the Mayor and Council from the City Clerk regarding the certification of election results of the November 6, 2007 Special Election.


Received And Filed

Ayes: 12 - Hermann, Skaggs, Ford, Johnson, Curls, Sanders Brooks, Gottstein, Marcason, Circo, Riley, Sharp, Funkhouser
Nays: 0

080032
COMMUNICATION - Received by the City Clerk the FY 2009 Annual Budget for the North Oak Village Community Improvement District.


Received And Filed

Ayes: 12 - Hermann, Skaggs, Ford, Johnson, Curls, Sanders Brooks, Gottstein, Marcason, Circo, Riley, Sharp, Funkhouser
Nays: 0

080033
COMMUNICATION - Received by the City Clerk the 2008-2009 Annual Budget and one resolution regarding rate of assessment for the Brookside Community Improvement District.


Received And Filed

Ayes: 12 - Hermann, Skaggs, Ford, Johnson, Curls, Sanders Brooks, Gottstein, Marcason, Circo, Riley, Sharp, Funkhouser
Nays: 0

071193
(Sub.)
Repealing Chapter 18, Code of Ordinances, “Buildings and Building Regulations,” Articles I – XIV, and enacting fourteen new articles to be known as the Building and Rehabilitation Code, including adoption of the International Building Code (2006), International Residential Code (2006), National Electrical Code (2005), International Fuel Gas Code (2006), International Mechanical Code (2006), Uniform Plumbing Code (2006), International Private Sewage Disposal Code (2006), Safety Code for Elevators and Escalators (ASME A17.1-2004); Safety Code for Existing Elevators and Escalators (ASME A17.3-2005); Safety Standard for Platform Lifts and Stairway Chair Lifs (ASME A18.1-2003); Safety Requirements for Personnel Hoists and Employee Elevators for Construction and Demolition Operations (ANSI A10.4-2004); International Energy Conservation Code (2006) and the International Existing Building Code (2006), a local sign code, a local underground space code, a local contractor licensing code, general administrative provisions, and local modifications to the incorporated codes.


Passed as Substituted

Ayes: 12 - Hermann, Skaggs, Ford, Johnson, Curls, Sanders Brooks, Gottstein, Marcason, Circo, Riley, Sharp, Funkhouser
Nays: 0

071260
Considering the Kansas City Register nomination for the Wheatley Provident Hospital Historic District as required by Section 2.911-920, Administrative Code of the City of Kansas City, Missouri. (250-S-113)


Passed

Ayes: 12 - Hermann, Skaggs, Ford, Johnson, Curls, Sanders Brooks, Gottstein, Marcason, Circo, Riley, Sharp, Funkhouser
Nays: 0

071267
Vacating N.E. 83rd Street between N. Brighton Avenue and N. Denver Avenue, Kansas City, Clay County, Missouri; retaining utility easements; and directing the City Clerk to record certain documents. (1578-V)


Passed

Ayes: 12 - Hermann, Skaggs, Ford, Johnson, Curls, Sanders Brooks, Gottstein, Marcason, Circo, Riley, Sharp, Funkhouser
Nays: 0

071272
Approving a preliminary GP development plan in District GP-7 on approximately a 3.12 acre tract of land generally located on the south side of N.W. 108th Street, approximately one-half mile west of Platte Purchase Drive. (13834-GP)


Passed

Ayes: 12 - Hermann, Skaggs, Ford, Johnson, Curls, Sanders Brooks, Gottstein, Marcason, Circo, Riley, Sharp, Funkhouser
Nays: 0

071369
Approving the sale of property at 77th Street and Agnes Avenue; authorizing the Director of Finance to execute a deed therefore; and directing the City Clerk to record this ordinance.


Passed

Ayes: 12 - Hermann, Skaggs, Ford, Johnson, Curls, Sanders Brooks, Gottstein, Marcason, Circo, Riley, Sharp, Funkhouser
Nays: 0

071348
Amending Chapter 34, Code of Ordinances, by amending Sections 34-53, Report of certain diseases and events required, 34-54, Report of certain conditions required, and 34-56, Persons required to report diseases and conditions, and enacting in lieu thereof new sections of like numbers and subject matters, updating the list of reportable diseases and events.


Passed

Ayes: 12 - Hermann, Skaggs, Ford, Johnson, Curls, Sanders Brooks, Gottstein, Marcason, Circo, Riley, Sharp, Funkhouser
Nays: 0

071350
Accepting and approving a $250,000.00 amendment to the Consolidated Local Public Health Agency contract with the Missouri Department of Health and Senior Services to increase funding for HIV Case Management Services from $1,638,000.00 to $1,888,000.00; increasing revenue in the amount of $109,525.00 and increasing appropriations in the amount of $387,438.00 in the Governmental Grants Fund; and designating requisition authority.


Passed

Ayes: 12 - Hermann, Skaggs, Ford, Johnson, Curls, Sanders Brooks, Gottstein, Marcason, Circo, Riley, Sharp, Funkhouser
Nays: 0

071351
Accepting and approving a nine-month $38,882.00 contract with the Missouri Department of Health and Senior Services that provides funding for implementation, oversight, technical assistance and evaluation of educational activities for cardiovascular disease prevention for the City of Kansas City, Missouri; and increasing revenue and appropriations in the amount of $36,926.00 in the Governmental Grants Fund.


Passed

Ayes: 12 - Hermann, Skaggs, Ford, Johnson, Curls, Sanders Brooks, Gottstein, Marcason, Circo, Riley, Sharp, Funkhouser
Nays: 0

071376
Accepting and approving a one-year, $449,932.00 contract with the Missouri Department of Natural Resources to enable the City to continue clean air compliance with the Air Pollution Control Program; increasing revenue in the amount of $262,484.00 and increasing appropriations in the amount of $43,225.00 in the Governmental Grants Fund.


Passed

Ayes: 12 - Hermann, Skaggs, Ford, Johnson, Curls, Sanders Brooks, Gottstein, Marcason, Circo, Riley, Sharp, Funkhouser
Nays: 0
 
 Councilmember Hermann Move to Waive Charter Requirement
MOVE THAT THE CHARTER REQUIREMENTS FOR READING OF ORDINANCE NO(S): ADVANCE CONSENTS: None this week. ADVANCE DEBATES: 071325 071330 071358 071393 071389 ON THREE SEPARATE DAYS BE WAIVED AND THAT THIS ORDINANCE BE ADVANCED FOR FINAL READING AND CONSIDERATION AT THIS TIME.
 
Ayes: 12 - Hermann, Skaggs, Ford, Johnson, Curls, Sanders Brooks, Gottstein, Marcason, Circo, Riley, Sharp, Funkhouser
Nays: 0

071325
Approving an amendment to a preliminary plan in District CP-2 on approximately an 8.68 acre tract of land generally located in the northwest corner of N.E. L.P. Cookingham Road and N. Cedar Avenue. (6158-CP-27)


Passed

Ayes: 12 - Hermann, Skaggs, Ford, Johnson, Curls, Sanders Brooks, Gottstein, Marcason, Circo, Riley, Sharp, Funkhouser
Nays: 0

071330
Approving the preliminary plat of Marion Park, Second Plat, on approximately a 162.3 acre tract of land generally located east of Interstate 435 and north of 103rd Street. (SD 0683F)


Passed

Ayes: 12 - Hermann, Skaggs, Ford, Johnson, Curls, Sanders Brooks, Gottstein, Marcason, Circo, Riley, Sharp, Funkhouser
Nays: 0

071358
Rezoning an area of approximately 231.83 acres generally located at the northeast corner of N.E. Staley Road and Shoal Creek Parkway, extending to approximately N.E. 108th Street from District RA to District PD/RA. (13813-PD)


Passed

Ayes: 12 - Hermann, Skaggs, Ford, Johnson, Curls, Sanders Brooks, Gottstein, Marcason, Circo, Riley, Sharp, Funkhouser
Nays: 0

071393
Rezoning an area of approximately 4.7 acres generally located on the north side of Ward Parkway approximately 390 feet west of Wornall Road, 9233 Ward Parkway, from District R-4-O to District O, and approving a preliminary development plan for the same. (6205-P-8)


Passed

Ayes: 12 - Hermann, Skaggs, Ford, Johnson, Curls, Sanders Brooks, Gottstein, Marcason, Circo, Riley, Sharp, Funkhouser
Nays: 0

071389
Authorizing a $310,000.00 Amendment No. 1 to the Agreement with C & C Group, Inc. for Project No. 62970C39 – Automated Access Control at Kansas City International Airport and the expenditure of previously appropriated funds in the amount of $310,000.00.


Passed

Ayes: 12 - Hermann, Skaggs, Ford, Johnson, Curls, Sanders Brooks, Gottstein, Marcason, Circo, Riley, Sharp, Funkhouser
Nays: 0
 
 Councilmember Skaggs Move to Waive Charter Requirement
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: 12 - Hermann, Skaggs, Ford, Johnson, Curls, Sanders Brooks, Gottstein, Marcason, Circo, Riley, Sharp, Funkhouser
Nays: 0

071024
Approving the plat of Colonnade Condominium, an addition in Jackson County, Missouri; accepting various easements; 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. (SD1332A)


Add to Consent Docket

071355
Approving a preliminary Community Unit Project in District R-4 on approximately a 2.39 acre tract of land generally located on the west side of Holly Street at 44th Street. (11470-CUP-1)


Assigned to Third Read Calendar

071384
Approving the plat of Northview Valley – Lot 1, an addition in Clay County, Missouri; accepting various easements; establishing grades on public ways; and authorizing the City Clerk to record this ordinance and attached documents. (SD1371)


Add to Consent Docket

071390
Approving recommendations of the Arterial Street Impact Fee Committee; transferring appropriations in the Arterial Street Impact Fee Fund; and designating requisitioning authority.


Add to Consent Docket

071391
Approving recommendations of the Arterial Street Impact Fee Committee; transferring appropriations in the Arterial Street Impact Fee Fund; and designating requisitioning authority.


Add to Consent Docket

071392
Amending Chapter 64, Code of Ordinances, by repealing Section 64-2, Acceptance of land for public use, and enacting in lieu thereof a new section of like number and subject matter governing the way the City accepts land for public use.


Assigned to Third Read Calendar
 
 Councilmember Skaggs Move to Waive Charter Requirement
MOVE THAT THE CHARTER REQUIREMENT FOR READING OF ORDINANCES ON THREE SEPARATE OCCASIONS BE WAIVED FOR THE ORDINANCES ON FIRST READING ON PAGES 6-10 OF TODAY’S DOCKET AND THAT THESE ORDINANCES BE INTRODUCED AS LISTED TO THE COMMITTEE SO DESIGNATED.
 
Ayes: 12 - Hermann, Skaggs, Ford, Johnson, Curls, Sanders Brooks, Gottstein, Marcason, Circo, Riley, Sharp, Funkhouser
Nays: 0

080006
Accepting a grant from United States Department of Education in the amount of $315,000.00 over three years; estimating revenues and appropriating funds in the amount of $110,000.00 in the Park Maintenance Fund to provide education and access to programs for those with special needs; and recognizing an emergency.


Referred to Finance and Audit Committee

080007
Accepting the recommendations of the Tax Increment Financing Commission as to the Fifth Amendment to the 43rd and Main Tax Increment Financing Plan; and approving the Fifth Amendment to the 43rd and Main Tax Increment Financing Plan.


Referred to Finance and Audit Committee

080010
Approving and authorizing execution of a contract in the amount of $135,208.00 with the Kansas City Area Transportation Authority for the City to provide the Authority legal services in defense of tort lawsuits and claims during the period from January 1, 2008 through December 31, 2008.


Referred to Finance and Audit Committee

080026
Estimating revenue and increasing the appropriation in the Finance Working Capital Fund by $1,500,000.00 for purchasing card services.


Referred to Finance and Audit Committee

080027
Appropriating $1,000,000.00 from the Contingent Appropriation of the General Fund and transferring it into the Motor Fuel Tax Fund for snow and ice removal; and recognizing an emergency.


Referred to Finance and Audit Committee

080003
Approving the preliminary plat of Natalie Condominiums on a 0.15 acre tract of land generally located on the west side of Holmes Street approximately 95 feet south of 27th Street. (SD1366)


Referred to Planning and Zoning Committee

080004
Rezoning approximately 62.1 acres generally located south of N.E. 80th Street, between N. Indiana Avenue on the west and N. Spruce from District R-1bb to District R-2a. (13170-P-3)


Referred to Planning and Zoning Committee

080005
Approving an amendment to a Community Unit Project plan in District R-2a on approximately 62.1 acres generally located south of N.E. 80th Street, between N. Indiana Avenue on the west and N. Spruce. (13170-CUP-4)


Referred to Planning and Zoning Committee

080009
RESOLUTION - Authorizing an amended application to the Missouri Development Finance Board for the preliminary authorization of State Tax Credits in the amount not to exceed $64,750.00 to support fund-raising efforts for the renovation of an existing facility to create a Life Sciences Micro Incubator and authorizing the City Manager to execute an amended Tax Credit Agreement between the City of Kansas City and Missouri Development Finance Board.


Referred to Planning and Zoning Committee

080011
RESOLUTION - Determining compliance of a portion of Phase II of the Jazz District Redevelopment Project located at 1851 Paseo, 1602-26 E. 19th Street and 1830-38 Highland Avenue and authorizing the Director of City Development to issue a Certificate of Full Compliance for the portion of Phase II to the Jazz District Redevelopment Corporation.


Referred to Planning and Zoning Committee

080015
Approving the plat of Waterford Second Plat, an addition in Clay County, Missouri; accepting and releasing 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 file record this ordinance and attached documents. (SD0233I)


Referred to Planning and Zoning Committee

080016
Approving the plat of Waterford Third Plat, an addition in Clay County, Missouri; accepting and releasing 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. (SD0233J)


Referred to Planning and Zoning Committee

080020
Approving the plat of Riverstone Senior Independent Living Community, an addition in Platte 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. (SD1328A)


Referred to Planning and Zoning Committee

080021
Approving the plat of WCA Addition Condominiums, an addition in Jackson County, Missouri; 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. (SD1335A)


Referred to Planning and Zoning Committee

080022
Approving the plat of Payne Condominium – First Plat, an addition in Jackson County, Missouri; 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. (SD1072B)


Referred to Planning and Zoning Committee

080023
Approving an amendment to a previously approved preliminary plan in District URD on approximately a 147.65 acre tract of land generally located on the south side of 63rd Street, west of Winchester Avenue, and the northeast corner of 65th Court and Winchester Avenue. (7762-URD-12)


Referred to Planning and Zoning Committee

080024
Approving the preliminary plat of Brookside Condominium on a .13 acre tract of land generally located at the northeast corner of Oak Street and E. 63rd Terrace. (SD 1377)


Referred to Planning and Zoning Committee

080025
Approving the preliminary plat of Jarboe’s Addition Replat on a .27 acre tract of land generally located on the east side of Madison Avenue in the 1700 block about 44 feet north of W. 18th Street. (SD 1355)


Referred to Planning and Zoning Committee

080028
Authorizing the Director of General Services to execute an Amendment to the original lease agreement with K.C. Partners for the 2nd and 3rd floor lease at Oak Tower; and authorizing the Director of City Development to expend appropriated funds up to the amount defined in Amendment No. 1.


Referred to Planning and Zoning Committee

080037
Amending Ordinance No. 061014, which amended Ordinance No. 050822 vacating any existing rights of way within a tract of land generally bounded by Delaware Street on the east, Broadway on the west, Front Street on the north and 3rd Street on the south, to correct the legal description, and directing the City Clerk to record certain documents.


Referred to Planning and Zoning Committee

080038
Approving the Sixth Amendment to the Development Plan of the Front Street and 435 Redevelopment Corporation and authorizing the Director of Finance to enter into a Sixth Supplementary Contract with the Front Street and 435 Redevelopment Corporation. 


Referred to Planning and Zoning Committee

080012
Amending Chapter 10, Code of Ordinances, by repealing Section 10-105, General requirements for temporary and annual catering permits, and enacting in lieu a new section of like number and subject matter which further defines a temporary catered event and adds additional criteria.


Referred to Public Safety and Neighborhoods Committee

080013
Amending Chapter 10, Code of Ordinances, by repealing section 10-211, Number of retail alcoholic beverage licenses, and enacting in lieu thereof a new article of like number and subject matter which under 10-211(1)(c)(iii) adds an exception to allow for an additional sales-by-drink license.


Referred to Public Safety and Neighborhoods Committee

080014
Estimating revenue in the amount of $232,000.00 and appropriating it in the Police Grants Fund for the Forensic Backlog Reduction Program 08 and designating requisitioning authority.


Referred to Public Safety and Neighborhoods Committee

080019
Authorizing acceptance of a Missouri Department of Health and Senior Services grant in the amount of $116,628.00; estimating revenue and appropriating the sum of $116,628.00 to the 07 MDHSS-Community and Nutrition Assistance-After School At Risk Program account in the General Fund; and authorizing a catering contract in the amount of $97,800.00 with the Kansas City Missouri School District.


Referred to Public Safety and Neighborhoods Committee

080036
Calling for submission to the voters of Kansas City, at a special election to be held Tuesday, April 8, 2008 a question amending Chapter 34, Code of Ordinances, by repealing Article XII, Smoking prohibited in enclosed places of employment and public places, consisting of Sections 34-471 through 34-481 and enacting in lieu thereof a new Article XII entitled "Prohibitions on smoking in enclosed places of employment, public places and public sidewalks abutting acute care hospital property lines," consisting of Sections 34-471 through 34-481, prohibiting smoking in enclosed places of employment, enclosed public places and public sidewalks abutting acute care hospital property lines; establishing penalties for noncompliance; authorizing and directing the City Clerk to notify the responsible election authorities of this election; and recognizing an emergency.


Referred to Public Safety and Neighborhoods Committee

080017
RESOLUTION - Declaring it necessary to change and re-establish the grades on Old Santa Fe Road/Trail from Avila Drive approximately 1,600 feet east to Wornall Road, all in Kansas City, Jackson County, Missouri.


Referred to Transportation and Infrastructure Committee

080034
Enacting a new Section 68-475, continuing a 3/8% city sales tax for a period of 15 years for the purposes of developing, operating, maintaining, equipping and improving a transit system by the Kansas City Area Transportation Authority for Kansas City, Missouri, pursuant to Sections 94.600 through 94.655, RSMo.; providing for submission of this ordinance to the qualified voters of the City for their approval at a special election called for April 8, 2008, authorizing and directing the City Clerk to notify the responsible election authorities of this election; authorizing and directing the City Clerk to notify the Missouri Director of Revenue if the proposal is approved by the voters; and recognizing this ordinance to be an emergency measure.


Referred to Transportation and Infrastructure Committee

080035
RESOLUTION - Authorizing the City to partner with the U.S. EPA and other stakeholders to implement the Sustainable Skylines Initiative and authorizing the Mayor to execute the Commitment to Sustainability memorandum of understanding on the City’s behalf.


Referred to Transportation and Infrastructure Committee
 
 Councilmember Ford Move To Introduce
 
Ayes: 12 - Hermann, Skaggs, Ford, Johnson, Curls, Sanders Brooks, Gottstein, Marcason, Circo, Riley, Sharp, Funkhouser
Nays: 0

080039
Waiving a requirement of Sec. 2-83(a), Code of Ordinances, applicable to the City entering into a legal services contract with Shughart Thomson and Kilroy, PC and waiving any conflicts of interest arising out of Shughart Thomson and Kilroy, PC’s representation of the City in Skaggs and Winterowd v. K.C. (0716-CV36577).


Passed

Ayes: 12 - Hermann, Skaggs, Ford, Johnson, Curls, Sanders Brooks, Gottstein, Marcason, Circo, Riley, Sharp, Funkhouser
Nays: 0
 
 Councilmember Gottstein Move To Introduce

080040
Approving the plat of Freight House Lofts Condominium, an addition in Jackson County, Missouri; establishing grades on public ways; and authorizing the City Clerk to record this ordinance and attached documents. (SD1312A)


Referred to Planning and Zoning Committee
 
 Councilmember Johnson Move To Introduce

080041
Expressing support for the expenditure of $1,200,000.00 in capital improvement sales tax funds for the widening of Barry Road east of I-29; appropriating $1,200,000.00 to this project in the Capital Improvements Sales Tax Fund; and designating requisitioning authority.


Referred to Finance and Audit Committee
 
MISCELLANEOUS BUSINESS