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Last Published: 10/30/2008 11:49:18 AM
KANSAS CITY COUNCIL RECORD
 
Upon Roll Call the following members were present:
Presided:1 - MARK FUNKHOUSER
Present:9 - BILL SKAGGS, ED FORD, RUSS JOHNSON, SHARON SANDERS BROOKS, BETH GOTTSTEIN, JAN MARCASON, TERRY RILEY, CATHY JOLLY, JOHN SHARP
Excused:3 - DEB HERMANN, MELBA CURLS, CINDY CIRCO
 

080559
RESOLUTION - Recognizing the Water Services Department’s Pipeline District #5 Division on its receipt of the City Manager’s 3-1-1 Action Center Partner of the Month Award.


Adopted

Ayes: 10 - Skaggs, Ford, Johnson, Sanders Brooks, Gottstein, Marcason, Riley, Jolly, Sharp, Funkhouser
Nays: 0

080570
COMMUNICATION - Notice receive by the City Clerk on May 28, 2008 regarding a Petition of Protest of Zoning Change for Ordinances 071382 and 071383.


Referred to Planning and Zoning Committee

080571
COMMUNICATION - Notice received from King Hershey Law Firm to the City Clerk regarding a request for removal of real property from the Shoal Creek Valley Community Improvement District.


Received And Filed

Ayes: 10 - Skaggs, Ford, Johnson, Sanders Brooks, Gottstein, Marcason, Riley, Jolly, Sharp, Funkhouser
Nays: 0

080572
COMMUNICATION - Notice received from King Hershey Law Firm to the City Clerk regarding an amendment the Shoal Creek Valley Community Improvement District for removal of real property .


Received And Filed

Ayes: 10 - Skaggs, Ford, Johnson, Sanders Brooks, Gottstein, Marcason, Riley, Jolly, Sharp, Funkhouser
Nays: 0

080582
COMMUNICATION - Accepting various easements and deeds in Jackson County and directing the City Clerk to record the acceptance.


Received And Filed

Ayes: 10 - Skaggs, Ford, Johnson, Sanders Brooks, Gottstein, Marcason, Riley, Jolly, Sharp, Funkhouser
Nays: 0

080524
Approving the plat of Shearer Subdivision, 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. (SD1329A)


Passed

Ayes: 10 - Skaggs, Ford, Johnson, Sanders Brooks, Gottstein, Marcason, Riley, Jolly, Sharp, Funkhouser
Nays: 0

080537
Releasing a general utility easement in Jackson County, Missouri, and directing the City Clerk to record the release.


Passed

Ayes: 10 - Skaggs, Ford, Johnson, Sanders Brooks, Gottstein, Marcason, Riley, Jolly, Sharp, Funkhouser
Nays: 0

080527
Designating the Director, Acting Director, and Deputy Director of the Water Services Department to serve as the City's authorized representatives with the Environmental Protection Agency and the Missouri Department of Natural Resources for grant applications, acceptance of grant terms and conditions, and execution of the necessary documents to participate in the grant programs.


Passed

Ayes: 10 - Skaggs, Ford, Johnson, Sanders Brooks, Gottstein, Marcason, Riley, Jolly, Sharp, Funkhouser
Nays: 0

080536
Authorizing a $9,400.00 contract Amendment No. 1 with DuBois Consultants for additional design services for Project No. 89003372 – Leeds and Hunter Avenue; authorizing the City Manager to expend $9,400.00 from previously appropriated funds for the project; and assessing the properties benefitted.


Passed

Ayes: 10 - Skaggs, Ford, Johnson, Sanders Brooks, Gottstein, Marcason, Riley, Jolly, Sharp, Funkhouser
Nays: 0

080548
(Sub.)
Authorizing the Director of Water Services to execute a First Amendment to an Easement Exchange Agreement with Briarcliff Development Company and Briarcliff Parkway and Highway 9 Transportation Development District wherein the City transfers approximately 4.5 acres for construction of a roadway and, in exchange, will accept a permanent water/sewer/trails easement; authorizing the Director of Water Services to execute a Quit-Claim Deed to Briarcliff Parkway and Highway 9 Transportation Development District; and directing the City Clerk to record this ordinance and these documents with the appropriate county recorder of deeds.


Passed As Second Substitute

Ayes: 10 - Skaggs, Ford, Johnson, Sanders Brooks, Gottstein, Marcason, Riley, Jolly, Sharp, Funkhouser
Nays: 0

080543
(Sub.)
Directing the City Manager to implement in the City’s housing programs the Energy Star for New Homes guidelines to be applied to all new and gut rehabilitation residential construction projects up to three stories; and to the fullest extent practicable, implement Energy Star strategies in existing owner-occupied homes receiving service through the City’s Minor Home Repair and Weatherization Programs, thereby reducing the burden of energy cost on low and moderate income homeowners of the City.


Councilmember Sharp Move To Hold On Docket

Seconded by Councilmember Marcason
Ayes: 10 - Skaggs, Ford, Johnson, Sanders Brooks, Gottstein, Marcason, Riley, Jolly, Sharp, Funkhouser
Nays: 0


Held on Docket (6/12/2008)

080544
Authorizing the Director of Neighborhood and Community Services to enter into contracts with Northland Neighborhoods Inc., Blue Hills Community Services, and Ivanhoe Neighborhood Council to provide home repair activities from Community Development Block Grant funds.


Passed

Ayes: 9 - Skaggs, Ford, Johnson, Sanders Brooks, Gottstein, Marcason, Jolly, Sharp, Funkhouser
Nays: 0

071382
(Sub.)
Approving a preliminary community unit project plan in Districts R-1a and R-2a on a 75.1 acre tract of land generally located on both sides of proposed E. 56th Street about one-half mile east of Noland Road. (13613-CUP-1)


Passed

Ayes: 10 - Skaggs, Ford, Johnson, Sanders Brooks, Gottstein, Marcason, Riley, Jolly, Sharp, Funkhouser
Nays: 0

071383
Rezoning an area of approximately 75.1 acres generally located on both sides of proposed E. 56th Street about one-half mile east of Noland Road from District RA to Districts R-1a and R-2a. (13613-P)


Passed as Substituted

Ayes: 10 - Skaggs, Ford, Johnson, Sanders Brooks, Gottstein, Marcason, Riley, Jolly, Sharp, Funkhouser
Nays: 0

080474
Approving an amendment to a previously approved preliminary development plan in District O on approximately a 6.67 acre tract of land generally located south of N.W. 72nd Street and east of Interstate 29 (not including property located directly on the corner). (6045-P-8).


Passed

Ayes: 10 - Skaggs, Ford, Johnson, Sanders Brooks, Gottstein, Marcason, Riley, Jolly, Sharp, Funkhouser
Nays: 0

080475
(Sub.)
Approving an amendment to a previously approved preliminary plan in District GP-3 on approximately a 1.6 acre tract of land generally located within the median of N. Ambassador Drive, about 400 feet south of N.W. 104th Street. (6517-GP-27)


Passed

Ayes: 10 - Skaggs, Ford, Johnson, Sanders Brooks, Gottstein, Marcason, Riley, Jolly, Sharp, Funkhouser
Nays: 0

080480
Approving an amendment to a previously approved preliminary plan in District R-5-p on approximately 0.73 acres generally located at the southwest corner of 8th Street and Bank Street, for the purpose of deleting approximately 0.40 acres from said preliminary plan. (9444-P-3) 


Passed

Ayes: 10 - Skaggs, Ford, Johnson, Sanders Brooks, Gottstein, Marcason, Riley, Jolly, Sharp, Funkhouser
Nays: 0

080481
Rezoning an area of approximately 0.69 acres generally located at the southwest corner of 8th Street and Bank Street from Districts R-5-p and M-1 to District URD and approving a development plan for the same. (9444-URD-4)


Passed

Ayes: 10 - Skaggs, Ford, Johnson, Sanders Brooks, Gottstein, Marcason, Riley, Jolly, Sharp, Funkhouser
Nays: 0

080532
Authorizing the execution of a License Agreement for a right to enter on certain land owned by Kansas City Terminal Railway Company in connection with the Town of Kansas Archaeological Site.


Passed

Ayes: 10 - Skaggs, Ford, Johnson, Sanders Brooks, Gottstein, Marcason, Riley, Jolly, Sharp, Funkhouser
Nays: 0

080500
(Sub.)
 Amending Chapter 48, Code of Ordinances, by repealing Sections 48-65, 48-69, 48-70, and 48-71, and enacting in lieu thereof new sections of like number and subject matter to revise right of entry procedures for abatement actions and to authorize the issuance of warrants to enter property for the purpose of abatement.


Passed as Substituted

Ayes: 10 - Skaggs, Ford, Johnson, Sanders Brooks, Gottstein, Marcason, Riley, Jolly, Sharp, Funkhouser
Nays: 0

080525
(Sub.)
Estimating revenue in the amount of $185,414.00 and appropriating it in the Police Grants Fund to provide funds to enhance protection around critical infrastructure and key resource sites.


Passed as Substituted

Ayes: 10 - Skaggs, Ford, Johnson, Sanders Brooks, Gottstein, Marcason, Riley, Jolly, Sharp, Funkhouser
Nays: 0

080443
(Sub.)
Authorizing the Director of Public Works to proceed with implementation of a per vehicle leaves and brush disposal fee in the manner provided by Section 62-55(e) of the Code of Ordinances.


Councilmember Skaggs Move to Amend

Seconded by Councilmember Sharp
Ayes: 10 - Skaggs, Ford, Johnson, Sanders Brooks, Gottstein, Marcason, Riley, Jolly, Sharp, Funkhouser
Nays: 0


Passed

Ayes: 10 - Skaggs, Ford, Johnson, Sanders Brooks, Gottstein, Marcason, Riley, Jolly, Sharp, Funkhouser
Nays: 0

080483
(Sub.)
Authorizing the Director of Aviation to execute an offer letter to Bombardier Aerospace setting out the parties intentions regarding an aircraft final assembly line at KCI; appropriating $19.1 million to the KCI-Capital Improvements account; and recognizing an emergency.


Councilmember Johnson Move To Hold On Docket

Seconded by Councilmember Riley
Ayes: 10 - Skaggs, Ford, Johnson, Sanders Brooks, Gottstein, Marcason, Riley, Jolly, Sharp, Funkhouser
Nays: 0


Held on Docket (6/12/2008)

080515
(Sub.)
Amending Chapter 2, Code of Ordinances, by enacting Division 14 of Article VI, which establishes the Bicycle and Pedestrian Advisory Committee.


Passed as Substituted

Ayes: 10 - Skaggs, Ford, Johnson, Sanders Brooks, Gottstein, Marcason, Riley, Jolly, Sharp, Funkhouser
Nays: 0

080541
(Sub.)
Authorizing the City Manager to amend a public infrastructure cooperation agreement with the CenterPoint Properties Trust for the design, construction, and funding of public infrastructure improvements on the property formerly known as the Richards-Gebaur Air Force Base; and designating the intent to reimburse CenterPoint from funds appropriated in FY 2009-10 and FY 2010 (short-year).


Councilmember Johnson Move to Amend

Seconded by Councilmember Skaggs
Ayes: 9 - Skaggs, Ford, Johnson, Sanders Brooks, Gottstein, Marcason, Jolly, Sharp, Funkhouser
Nays: 0


Passed as Amended

Ayes: 9 - Skaggs, Ford, Johnson, Sanders Brooks, Gottstein, Marcason, Jolly, Sharp, Funkhouser
Nays: 0

080546
(Sub.)
Authorizing the Director of Public Works to expend funds in an amount not to exceed $5,190,000.00 in accordance with the annual contract with Deffenbaugh Disposal Services, Inc. for the collection and disposal of residential refuse; and appropriating an additional $55,000.00 from the Contingent Appropriation of the General Fund.


Passed As Second Substitute

Ayes: 10 - Skaggs, Ford, Johnson, Sanders Brooks, Gottstein, Marcason, Riley, Jolly, Sharp, Funkhouser
Nays: 0

080547
(Sub.)
 Authorizing the Director of Public Works to expend funds in an amount not to exceed $3,913,341 in accordance with the annual contract with Deffenbaugh Recycling Services for curbside collection, processing, and marketing of recyclables.


Passed as Substituted

Ayes: 10 - Skaggs, Ford, Johnson, Sanders Brooks, Gottstein, Marcason, Riley, Jolly, Sharp, Funkhouser
Nays: 0
 
 Councilmember Johnson Move to Waive Charter Requirement
MOVE THAT THE CHARTER REQUIREMENTS FOR READING OF ORDINANCE NO(S): ADVANCE CONSENTS: There are no items for this weeks consent. ADVANCE DEBATES: 080564 080565 080545 ON THREE SEPARATE DAYS BE WAIVED AND THAT THIS ORDINANCE BE ADVANCED FOR FINAL READING AND CONSIDERATION AT THIS TIME.
 
Ayes: 10 - Skaggs, Ford, Johnson, Sanders Brooks, Gottstein, Marcason, Riley, Jolly, Sharp, Funkhouser
Nays: 0

080564
Consenting to the rate of front foot special assessment to be levied by the Union Hill Special Business District; consenting to the proposed uses of the revenues produced therefrom; estimating revenue in the amount of $34,859.06 in the Special Business District Fund; appropriating $34,859.06 to the Union Hill Special Business District Fund; and designating requisitioning authority.


Passed

Ayes: 10 - Skaggs, Ford, Johnson, Sanders Brooks, Gottstein, Marcason, Riley, Jolly, Sharp, Funkhouser
Nays: 0

080565
Consenting to the rate of front foot special assessment to be levied by the Westport Special Business District; consenting to the proposed uses of the revenues produced therefrom; estimating revenue in the amount of $41,448.12 in the Special Business District Fund; and appropriating $41,448.12 to various accounts in the Westport Special Business District Fund.


Passed

Ayes: 10 - Skaggs, Ford, Johnson, Sanders Brooks, Gottstein, Marcason, Riley, Jolly, Sharp, Funkhouser
Nays: 0

080545
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(2)(b)(ii), adds an exception to allow for an additional sales-by-package premises.


Passed

Ayes: 9 - Ford, Johnson, Sanders Brooks, Gottstein, Marcason, Riley, Jolly, Sharp, Funkhouser
Nays: 1 - Skaggs
 
 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 PAGES 8-9 OF TODAY’S DOCKET AND THAT THESE ORDINANCES BE PLACED ON THE DOCKET NEXT WEEK FOR THIRD READING.
 
Ayes: 10 - Skaggs, Ford, Johnson, Sanders Brooks, Gottstein, Marcason, Riley, Jolly, Sharp, Funkhouser
Nays: 0

080403
Amending Ordinance No. 071358, by repealing Section B, subsection (condition) 4, and enacting in lieu thereof a new subsection (condition) of like number and subject matter which removes the requirement for a secured deferral agreement for construction of 416 feet of 108th Street as part of the North Kansas City Elementary School Project. (13813-PD)


Add to Consent Docket

080441
Approving the plat of Bank of America Plaza, an addition in Platte County, Missouri; accepting various easements; establishing grades on public ways; and authorizing the City Clerk to record this ordinance and attached documents. (SD1276A)


Add to Consent Docket

080488
Approving the preliminary plat of Bank of America Plaza on a 2.3 acre tract of land generally located in the southwest quadrant of the I-29 / NW Barry Road interchange. (SD 1276)


Assigned to Third Read Calendar

080489
(Sub.)
Vacating the north-south alley and two east-west alleys east of Cherry Street south of 30th Street, Kansas City, Jackson County, Missouri, retaining a utility easement; and directing the City Clerk to record certain documents. (1569-V)


Assigned Third Read Calendar as Substituted

080514
Determining that a public benefit will be gained by the waiver of a demolition lien on a property located at 900 E. 21st Street and authorizing the City Manager to waive the lien.


Assigned to Third Read Calendar

080556
Repealing Ordinance No. 080207 that approved the plat of Brighton Crossing Condominium Eighth Plat and enacting a new ordinance that approves the plat of Brighton Crossing Condominium Ninth Plat, an addition in Clay 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. (SD1230I)


Add to Consent Docket

080557
Repealing Ordinance No. 080208 that approved the plat of Brighton Crossing Condominium Ninth Plat and enacting a new ordinance that approves the plat of Brighton Crossing Condominium Eighth Plat, an addition in Clay 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. (SD1230H)


Add to Consent Docket

080563
Approving the Leased Property Revenues Budget for Fiscal Year 2008-2009, representing proceeds received by the Port Authority of Kansas City, Missouri, under a sublease agreement for the Isle of Capri-Kansas City, Inc. site and reducing the appropriations and revenue in Port Authority accounts by $150,000.00.


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 10-12 OF TODAY’S DOCKET AND THAT THESE ORDINANCES BE INTRODUCED AS LISTED TO THE COMMITTEE SO DESIGNATED.
 
Ayes: 10 - Skaggs, Ford, Johnson, Sanders Brooks, Gottstein, Marcason, Riley, Jolly, Sharp, Funkhouser
Nays: 0

080587
(Sub.)
Estimating $270,000.00 in revenue in the General Fund from a legal settlement with HEDFC; appropriating $270,000.00 and authorizing a $270,000.00 contract with the Hispanic Economic Development Corporation (HEDC) for the purpose of cost-sharing in a facility acquisition for the Westside CAN Center.


Referred to Finance and Audit Committee

080573
Approving the plat of 39 West Lofts Condominiums, 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. (SD1391A)


Referred to Planning and Zoning Committee

080574
Approving the Eighth Amendment to the Development Plan submitted by 47th & Jefferson Redevelopment Corporation for the Plaza Steppes Redevelopment Project on a tract of land of approximately 5.4 acres generally bounded by 46th Street on the north, 47th Street on the south, Jefferson Street on the east, and Summit Street on the west; and authorizing execution of an Eighth Supplementary Contract with 47th & Jefferson Redevelopment Corporation. (333-S-12)


Referred to Planning and Zoning Committee

080575
Accepting a payment from the Port Authority of Kansas City, Missouri in the amount of $375,000.00; estimating and appropriating funds in the amount of $375,000.00; and authorizing a Cooperative Agreement with the Planned Industrial Expansion Authority of Kansas City, Missouri.


Referred to Planning and Zoning Committee

080576
Approving an amendment to a previously approved development plan for the Plaza Steppes project in District URD on approximately a 5.4 acre tract of land generally bounded by 46th Street on the north, 47th Street on the south, Summit Street on the west and Jefferson Street on the east. (9497-URD-9)


Referred to Planning and Zoning Committee

080577
Vacating N.W. 92nd Terrace and N.W. 93rd Terrace east of N.W. View Crest Drive, Kansas City, Clay County, Missouri, and directing the City Clerk to record certain documents. (1572-V)


Referred to Planning and Zoning Committee

080578
RESOLUTION - Amending the General Development and Land Use Plan, Kansas City International Airport, by changing the recommended land use on about 9.79 acres generally located at the northwest corner of N. Newark Circle and N. Ambassador Drive from general transient retail business uses to regional business uses. (247-S-108).


Referred to Planning and Zoning Committee

080579
Rezoning an area of approximately 9.79 acres generally located at the northwest corner of N. Newark Circle and N. Ambassador Drive from District GP-2 to District GP-3, and approving a preliminary development plan for the same. (5963-GP-6)


Referred to Planning and Zoning Committee

080583
Approving an amendment to a previously approved development plan in District GP-2 (General Transient Retail Business) on approximately a 20 acre tract of land generally located at the northwest corner of N. Newark Circle and N. Ambassador Drive, for the purpose of deleting an approximately 9.79 acre tract of land from said development plan. (5963-GP-5)


Referred to Planning and Zoning Committee

080586
Detaching from the City approximately _____ acres generally bounded by Interstate 29 on the north, Interstate 635 on the west, Line Creek on the east, and the City of Riverside on the south and authorizing the Director of Public Works to execute a cooperative agreement with the City of Riverside for the detachment and for the construction of a bicycle and pedestrian trial.


Referred to Planning and Zoning Committee

080584
Directing the City Manager to identify a source to fund Twelfth Street Heritage Development Corporation in the amount of $50,000.00 to provide community services and economic development activities for the Third District.


Referred to Public Safety and Neighborhoods Committee

080580
Appropriating funds in the amount of $300,000.00 in the Public Safety Sales Tax Fund to allocate funds for the Flood Monitoring System; and designating requisitioning authority.


Referred to Transportation and Infrastructure Committee

080581
(Sub.)
Authorizing execution of a Cooperative Agreement for property transfers between the City, Kansas City Power & Light Company (“KCPL”), Ollie W. Gates and the University of Missouri for the Troost at Brush Creek project; authorizing the Director of Water Services to expend $193,242.00 for the acquisition of property and $26,223.00 for fill placement as part of the construction of the Troost at Brush Creek project; and authorizing the Director of Finance to return unexpended appropriations to the appropriate account.


Referred to Transportation and Infrastructure Committee

080585
Authorizing the Director of Public Works to reimburse Platte County $418,000.00 for constructing improvements to N. Congress Avenue and Tiffany Springs Road.


Referred to Transportation and Infrastructure Committee
 
 Councilmember Jolly Move To Introduce

080588
Authorizing the Director of Neighborhood and Community Services to enter into a one-year contract with Advanced Correctional Healthcare, Inc., in the amount of $460,791.00 to provide healthcare services to inmates at the Municipal Correctional Institution and authorizing the Director to exercise four options to renew without Council approval.


Referred to Public Safety and Neighborhoods Committee
 
 Councilmember Sanders Brooks Move To Introduce
 
Ayes: 10 - Skaggs, Ford, Johnson, Sanders Brooks, Gottstein, Marcason, Riley, Jolly, Sharp, Funkhouser
Nays: 0

080589
Authorizing the Director of General Services to execute a one-year lease agreement with the Black Economic Union of Greater Kansas City, Inc., in the amount of $107,561.25, to provide office space for the Small Business Development Office at 1601 E. 18th Street, Suite 209, Jackson County, Missouri.


Councilmember Sanders Brooks Move to Advance

Seconded by Councilmember Riley
Ayes: 10 - Skaggs, Ford, Johnson, Sanders Brooks, Gottstein, Marcason, Riley, Jolly, Sharp, Funkhouser
Nays: 0


Passed

Ayes: 10 - Skaggs, Ford, Johnson, Sanders Brooks, Gottstein, Marcason, Riley, Jolly, Sharp, Funkhouser
Nays: 0
 
MISCELLANEOUS BUSINESS