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Last Published: 1/18/2008 10:01:04 AM
KANSAS CITY COUNCIL RECORD
 
Upon Roll Call the following members were present:
Presided:1 - MARK FUNKHOUSER
Present:12 - DEB HERMANN, BILL SKAGGS, ED FORD, RUSS JOHNSON, MELBA CURLS, SHARON SANDERS BROOKS, BETH GOTTSTEIN, JAN MARCASON, CINDY CIRCO, TERRY RILEY, CATHY JOLLY, JOHN SHARP
 

080055
RESOLUTION - Recognizing and expressing appreciation to the Clay County Economic Development Council and Ryan Weiss of National Starch & Chemical of North Kansas City for their in-kind donation of Six Sigma training to two staff members and one Kansas City Police Officer.


Adopted

Ayes: 13 - Hermann, Skaggs, Ford, Johnson, Curls, Sanders Brooks, Gottstein, Marcason, Circo, Riley, Jolly, Sharp, Funkhouser
Nays: 0

080048
COMMUNICATION - Notice to the Mayor and City Council from the City Clerk pursuant to Rule 28-A, listing of the Semi-Annual Docket items considered by the Finance and Audit Committee, Planning & Zoning Committee, Public Safety & Neighborhood Committee and Transportation & Infrastructure Committee to be released as indicated. The Housing Committee, Legislative Committee and Committee As A Whole had no Semi-Annual Docket items to consider.


Received And Filed

Ayes: 13 - Hermann, Skaggs, Ford, Johnson, Curls, Sanders Brooks, Gottstein, Marcason, Circo, Riley, Jolly, Sharp, Funkhouser
Nays: 0

080056
COMMUNICATION - Received by the City Clerk from the Planned Industrial Expansion Authority of Kansas City, Missouri a notice of intent to accept the redevelopment contract proposal submitted by Levitt Enterprises, Inc. for the Kuehne-Schmidt-Edrington Triplexes project located at 3737-3739 and 3741-3743 Main Street in the 39th & Main PIEA Area.


Referred to Planning and Zoning Committee

080057
COMMUNICATION - Received by the City Clerk from the Planned Industrial Expansion Authority of Kansas City, Missouri a notice of intent to accept the redevelopment contract proposal submitted by Levitt Enterprises, Inc. for the Goodenow Textiles Building project located at 3700-3710 Main and 3745 Main in the 39th & Main PIEA Area.


Referred to Planning and Zoning Committee

080061
COMMUNICATION - Notice from the City Clerk regarding receipt of the City of Kansas City, Missouri Comprehensive Annual Financial Report for the fiscal year ending April 30, 2007.


Received And Filed

Ayes: 13 - Hermann, Skaggs, Ford, Johnson, Curls, Sanders Brooks, Gottstein, Marcason, Circo, Riley, Jolly, Sharp, Funkhouser
Nays: 0

080062
COMMUNICATION - Emegency Regulations E40560 - E40571


Received And Filed

Ayes: 13 - Hermann, Skaggs, Ford, Johnson, Curls, Sanders Brooks, Gottstein, Marcason, Circo, Riley, Jolly, Sharp, Funkhouser
Nays: 0

080063
COMMUNICATION - Emergency Regulation E40572


Received And Filed

Ayes: 13 - Hermann, Skaggs, Ford, Johnson, Curls, Sanders Brooks, Gottstein, Marcason, Circo, Riley, Jolly, Sharp, Funkhouser
Nays: 0

080067
COMMUNICATION - Notice received from the Committee of Petitioners of the Initiative to Enact Smoking Prohibition in Public Places requesting the Council submit the proposed ordinance to the electors on April 8, 2008.


Received And Filed

Ayes: 13 - Hermann, Skaggs, Ford, Johnson, Curls, Sanders Brooks, Gottstein, Marcason, Circo, Riley, Jolly, Sharp, Funkhouser
Nays: 0

080070
RESOLUTION - Approving the appointment of Robert L. Frey as a member of the Board of Commissioners to administer the Union Hill Special Business District.  


Adopted

Ayes: 13 - Hermann, Skaggs, Ford, Johnson, Curls, Sanders Brooks, Gottstein, Marcason, Circo, Riley, Jolly, Sharp, Funkhouser
Nays: 0

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)


Passed

Ayes: 13 - Hermann, Skaggs, Ford, Johnson, Curls, Sanders Brooks, Gottstein, Marcason, Circo, Riley, Jolly, Sharp, Funkhouser
Nays: 0

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)


Passed

Ayes: 13 - Hermann, Skaggs, Ford, Johnson, Curls, Sanders Brooks, Gottstein, Marcason, Circo, Riley, Jolly, Sharp, Funkhouser
Nays: 0

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)


Passed

Ayes: 13 - Hermann, Skaggs, Ford, Johnson, Curls, Sanders Brooks, Gottstein, Marcason, Circo, Riley, Jolly, Sharp, Funkhouser
Nays: 0

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)


Passed

Ayes: 13 - Hermann, Skaggs, Ford, Johnson, Curls, Sanders Brooks, Gottstein, Marcason, Circo, Riley, Jolly, Sharp, Funkhouser
Nays: 0

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)


Passed

Ayes: 13 - Hermann, Skaggs, Ford, Johnson, Curls, Sanders Brooks, Gottstein, Marcason, Circo, Riley, Jolly, Sharp, Funkhouser
Nays: 0

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.


Adopted

Ayes: 13 - Hermann, Skaggs, Ford, Johnson, Curls, Sanders Brooks, Gottstein, Marcason, Circo, Riley, Jolly, Sharp, Funkhouser
Nays: 0

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.


Passed

Ayes: 13 - Hermann, Skaggs, Ford, Johnson, Curls, Sanders Brooks, Gottstein, Marcason, Circo, Riley, Jolly, Sharp, Funkhouser
Nays: 0

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


Passed

Ayes: 13 - Hermann, Skaggs, Ford, Johnson, Curls, Sanders Brooks, Gottstein, Marcason, Circo, Riley, Jolly, Sharp, Funkhouser
Nays: 0

071354
Approving a preliminary Community Unit Project in District R-3 on approximately a 6.4 acre tract of land generally located west of N. Northwood Road, north of N.W. 58th Street. (8870-CUP-6)


Passed

Ayes: 13 - Hermann, Skaggs, Ford, Johnson, Curls, Sanders Brooks, Gottstein, Marcason, Circo, Riley, Jolly, Sharp, Funkhouser
Nays: 0

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.


Adopted

Ayes: 13 - Hermann, Skaggs, Ford, Johnson, Curls, Sanders Brooks, Gottstein, Marcason, Circo, Riley, Jolly, Sharp, Funkhouser
Nays: 0

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.


Passed

Ayes: 13 - Hermann, Skaggs, Ford, Johnson, Curls, Sanders Brooks, Gottstein, Marcason, Circo, Riley, Jolly, Sharp, Funkhouser
Nays: 0

071385
Amending Chapter 10, Code of Ordinances, by repealing Section 10-212, Distances from churches or schools, and enacting in lieu thereof a new article of like number and subject matter which adds exemptions p and q.


Passed

Ayes: 13 - Hermann, Skaggs, Ford, Johnson, Curls, Sanders Brooks, Gottstein, Marcason, Circo, Riley, Jolly, Sharp, Funkhouser
Nays: 0

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.


Passed

Ayes: 13 - Hermann, Skaggs, Ford, Johnson, Curls, Sanders Brooks, Gottstein, Marcason, Circo, Riley, Jolly, Sharp, Funkhouser
Nays: 0

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.


Passed

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

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.


Passed

Ayes: 13 - Hermann, Skaggs, Ford, Johnson, Curls, Sanders Brooks, Gottstein, Marcason, Circo, Riley, Jolly, Sharp, Funkhouser
Nays: 0

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.


Passed

Ayes: 13 - Hermann, Skaggs, Ford, Johnson, Curls, Sanders Brooks, Gottstein, Marcason, Circo, Riley, Jolly, Sharp, Funkhouser
Nays: 0
 
 Councilmember Hermann Move to Waive Charter Requirement
MOVE THAT THE CHARTER REQUIREMENTS FOR READING OF ORDINANCE NO(S): ADVANCE CONSENTS: There are no advance consents this week. ADVANCE DEBATES: 071344 080042 080053 ON THREE SEPARATE DAYS BE WAIVED AND THAT THIS ORDINANCE BE ADVANCED FOR FINAL READING AND CONSIDERATION AT THIS TIME.
 
Ayes: 11 - Hermann, Skaggs, Ford, Johnson, Curls, Sanders Brooks, Marcason, Circo, Jolly, Sharp, Funkhouser
Nays: 0

071344
Accepting the recommendations of the Tax Increment Financing Commission as to the First Amendment to the Baltimore Place Tax Increment Financing Plan; approving the First Amendment to the Baltimore Place Tax Increment Financing Plan.


Passed

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

080042
Authorizing the Director of Finance to proceed with additional collection efforts for delinquent special assessments under an agreement with Linebarger Goggan Blair Sampson, LLP; estimating revenue from collection efforts and increasing the appropriation in various funds of the City by $960,600.00; appropriating $240,150.00 from various funds of the City for payment of collection fees to the Linebarger Goggan Blair Sampson, LLP Collection Firm for collection of delinquent special assessments; and designating requisitioning authority.


Passed

Ayes: 13 - Hermann, Skaggs, Ford, Johnson, Curls, Sanders Brooks, Gottstein, Marcason, Circo, Riley, Jolly, Sharp, Funkhouser
Nays: 0

080053
Reducing the Contingent Appropriation in the General Fund by $1,300,000.00; appropriating $1,300,000.00 to the Police Department for fuel and electric utility costs.


Passed

Ayes: 12 - Hermann, Skaggs, Ford, Johnson, Curls, Sanders Brooks, Gottstein, Marcason, Riley, Jolly, 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 7 OF TODAY’S DOCKET AND THAT THESE ORDINANCES BE PLACED ON THE DOCKET NEXT WEEK FOR THIRD READING.
 
Ayes: 13 - Hermann, Skaggs, Ford, Johnson, Curls, Sanders Brooks, Gottstein, Marcason, Circo, Riley, Jolly, Sharp, Funkhouser
Nays: 0

080050
Approving and authorizing settlement of a claim for a workers' compensation benefit filed by Michael Taylor for injuries resulting from an accident on September 17, 2006, while employed by the City.


Assigned to Third Read Calendar

080052
(Sub.)
Appropriating the amount of $317,000.00 in the Fire Sales Tax Fund and designating requisitioning authority.


Assigned Third Read Calendar as Substituted

080047
Approving the plat of Oakview-Second Plat, 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. (SD1064B)


Add to Consent Docket

080051
Condemning and taking private property in fee simple for public purposes of widening and improving E 87th Street, from approximately Denver Avenue to Newton Avenue, and acquiring additional land and easements for: right of way, storm drainage, retaining wall, and grading, and for temporary easements for construction purposes, providing for the payment of just compensation therefore; authorizing continued negotiations by the Director of City Development; consenting to the filing of the petition for condemnation by the City Attorney, on behalf of the City; and authorizing the City Clerk to file this ordinance with the Recorder of Deeds in Jackson County, Missouri.


Assigned to Third Read Calendar

080054
Authorizing a $373,978.00 agreement with Olsson Associates for design professional engineering services for Project No. 89005537, Colorado Avenue Bridge - Lower Blue Parkway Bridge Over Blue River; authorizing the City Manager to expend $373,978.00 from previously appropriated funds for the project; and recognizing an emergency.


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 8-9 OF TODAY’S DOCKET AND THAT THESE ORDINANCES BE INTRODUCED AS LISTED TO THE COMMITTEE SO DESIGNATED.
 
Ayes: 13 - Hermann, Skaggs, Ford, Johnson, Curls, Sanders Brooks, Gottstein, Marcason, Circo, Riley, Jolly, Sharp, Funkhouser
Nays: 0

080059
Appropriating funds in the amount of $527,702.00 in the Public Safety Sales Tax Fund; authorizing a $527,702.00 increase in the contingency of a contract for Project No. 89000930, New Police Academy, with Kraus Anderson Inc. for additional work under the contract; designating the City Manager as requisitioning authority; and recognizing an emergency.


Referred to Finance and Audit Committee

080068
Authorizing the City Attorney to execute an amendment to a contract with Kamlet Shepherd & Reichert, LLP. for legal services connected to the possible purchase of Aquila by Great Plains Energy and the negotiation of a new franchise with Aquila, and potentially KCPL, to provide electric service within the City in an amount not to exceed $400,000.00; estimating revenue and appropriating revenue in the amount of $400,000.00 from the Unappropriated Fund Balance of the General Fund; and recognizing an emergency.


Referred to Finance and Audit Committee

080058
Approving Traffic Regulation Nos. 59646 through 59726, inclusive.


Referred to Transportation and Infrastructure Committee

080066
Authorizing a $487,420.00 agreement with HDR Engineering, Inc., for design professional services for Project No. 89008154 Major Street Plan, a Citywide traffic model for transportation planning; authorizing the Director of Public Works to expend previously appropriated funds; and designating requisitioning authority.


Referred to Transportation and Infrastructure Committee

080069
Authorizing the Director of City Development to execute a Secured Deferral Agreement for Public Sidewalk Improvements at 9233 Ward Parkway; and authorizing the City Clerk to record this ordinance and attached agreement.


Referred to Planning and Zoning Committee

080071
Authorizing the Director of Water Services to execute an Easement Exchange Agreement with Briarcliff Development Company wherein the City grants a permanent roadway easement and, in exchange, accepts a permanent water/sewer/trails easement; authorizing the Director of Water Services to execute a permanent wetlands easement and a permanent roadway easement to Briarcliff Development Company; accepting a water/sewer/trails easement from Briarcliff Development Company; and directing the City Clerk to record this ordinance and these documents in the Office of the Recorder of Deeds for Platte County, Missouri.


Referred to Transportation and Infrastructure Committee
 
 Councilmember Johnson Move To Introduce

080072
RESOLUTION - Requesting additional budgetary information and professional opinions from the City Manager.


Referred to Finance and Audit Committee
 
 Councilmember Ford Move to Reconsider
Reconsider Rule 15-Ordinance 080036. Called for the previous question-Johnson, seconded Hermann 11 Ayes 2 Nayes Nayes Council woman Beth Gottstein Council woman Cathy Jolly
 
Ayes: 5 - Hermann, Ford, Johnson, Sharp, Funkhouser
Nays: 8 - Skaggs, Curls, Sanders Brooks, Gottstein, Marcason, Circo, Riley, Jolly

080036
(Sub.)
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 34-480, prohibiting smoking in enclosed places of employment, enclosed public places, including the Truman Sports Complex, 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.


Failed
Reconsideration failed
Ayes: 4 - Hermann, Johnson, Sharp, Funkhouser
Nays: 9 - Skaggs, Ford, Curls, Sanders Brooks, Gottstein, Marcason, Circo, Riley, Jolly
 
 Councilmember Jolly Move To Introduce
 
Ayes: 12 - Hermann, Skaggs, Ford, Johnson, Curls, Gottstein, Marcason, Circo, Riley, Jolly, Sharp, Funkhouser
Nays: 1 - Sanders Brooks

080073
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 in 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 and 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, while allowing it in casino gaming areas until surrounding casinos are covered by laws banning smoking; establishing penalties for noncompliance; authorizing and directing the City Clerk to notify the responsible election authorities of this election; and recognizing an emergency.


Passed

Ayes: 12 - Hermann, Skaggs, Ford, Johnson, Curls, Gottstein, Marcason, Circo, Riley, Jolly, Sharp, Funkhouser
Nays: 1 - Sanders Brooks
 
 Councilmember Gottstein Move To Introduce

080074
RESOLUTION - Adopting the Main Street Corridor Streetscape Master Plan for that area that extends one-half block to the east and west of Main Street from 30th Street to 44th Street.


Referred to Planning and Zoning Committee
 
MISCELLANEOUS BUSINESS
 
 Consideration of Semi-Annual Docket items.