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Last Published: 1/11/2008 10:31:44 AM
KANSAS CITY COUNCIL RECORD
 
Upon Roll Call the following members were present:
Presided:1 - MARK FUNKHOUSER
Present:10 - ED FORD, RUSS JOHNSON, MELBA CURLS, SHARON SANDERS BROOKS, BETH GOTTSTEIN, JAN MARCASON, CINDY CIRCO, TERRY RILEY, CATHY JOLLY, JOHN SHARP
Excused:2 - DEB HERMANN, BILL SKAGGS
 

080002
RESOLUTION - Honoring James C. Duddy, Jr. on his retirement from the Fire Department with a total of 50 years of service.


Adopted

Ayes: 11 - Ford, Johnson, Curls, Sanders Brooks, Gottstein, Marcason, Circo, Riley, Jolly, Sharp, Funkhouser
Nays: 0

080043
COMMUNICATION - Notice received from the City Clerk regarding the Annual Report from the Planned Industrial Expansion Authority of Kansas City, Missouri for the period January 1 through December 31, 2006.


Referred to Planning and Zoning Committee

080044
COMMUNICATION - Notice received from the City Clerk regarding the Annual Report from the Planned Industrial Expansion Authority of Kansas City, Missouri for the period January 1 through December 31, 2005.


Referred to Planning and Zoning Committee

080045
COMMUNICATION - Notice received from the City Clerk regarding the Annual Report from the Planned Industrial Expansion Authority of Kansas City, Missouri for the period January 1 through December 31, 2004.


Referred to Planning and Zoning Committee

080046
COMMUNICATION - Notice received from the City Clerk regarding the Annual Report from the Planned Industrial Expansion Authority of Kansas City, Missouri for the period January 1 through December 31, 2003.


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.


Adopted

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

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.


Adopted

Ayes: 11 - Ford, Johnson, Curls, Sanders Brooks, Gottstein, Marcason, Circo, Riley, Jolly, 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)


Passed

Ayes: 11 - Ford, Johnson, Curls, Sanders Brooks, Gottstein, Marcason, Circo, Riley, Jolly, Sharp, Funkhouser
Nays: 0

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)


Passed

Ayes: 11 - Ford, Johnson, Curls, Sanders Brooks, Gottstein, Marcason, Circo, Riley, Jolly, Sharp, Funkhouser
Nays: 0

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


Passed

Ayes: 11 - Ford, Johnson, Curls, Sanders Brooks, Gottstein, Marcason, Circo, Riley, Jolly, Sharp, Funkhouser
Nays: 0

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


Passed

Ayes: 11 - Ford, Johnson, Curls, Sanders Brooks, Gottstein, Marcason, Circo, Riley, Jolly, Sharp, Funkhouser
Nays: 0

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)


Passed

Ayes: 11 - Ford, Johnson, Curls, Sanders Brooks, Gottstein, Marcason, Circo, Riley, Jolly, Sharp, Funkhouser
Nays: 0

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.


Passed

Ayes: 11 - Ford, Johnson, Curls, Sanders Brooks, Gottstein, Marcason, Circo, Riley, Jolly, Sharp, Funkhouser
Nays: 0
 
 Councilmember Ford Move to Waive Charter Requirement
MOVE THAT THE CHARTER REQUIREMENTS FOR READING OF ORDINANCE NO(S): ADVANCE CONSENTS: 080040 ADVANCE DEBATES: 080006 080027 080041 (sub) 071326 080037 080036 (sub)ON THREE SEPARATE DAYS BE WAIVED AND THAT THIS ORDINANCE BE ADVANCED FOR FINAL READING AND CONSIDERATION AT THIS TIME.
 
Ayes: 11 - Ford, Johnson, Curls, Sanders Brooks, Gottstein, Marcason, Circo, Riley, Jolly, Sharp, Funkhouser
Nays: 0

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)


Passed

Ayes: 11 - Ford, Johnson, Curls, Sanders Brooks, Gottstein, Marcason, Circo, Riley, Jolly, 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.


Passed

Ayes: 11 - Ford, Johnson, Curls, Sanders Brooks, Gottstein, Marcason, Circo, Riley, Jolly, Sharp, Funkhouser
Nays: 0

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.


Passed

Ayes: 11 - Ford, Johnson, Curls, Sanders Brooks, Gottstein, Marcason, Circo, Riley, Jolly, Sharp, Funkhouser
Nays: 0

080041
(Sub.)
Appropriating $1,262,668.00 for the widening of Barry Road east of I-29 in the Capital Improvements Sales Tax Fund; stating the intent of the Council to allocate this amount in the next fiscal year; designating requisitioning authority; and recognizing an emergency.


Passed as Substituted

Ayes: 11 - Ford, Johnson, Curls, Sanders Brooks, Gottstein, Marcason, Circo, Riley, Jolly, Sharp, Funkhouser
Nays: 0

071326
Vacating N. Park Avenue between Nicholson Avenue and the Missouri Pacific railroad tracks, Kansas City, Jackson County, Missouri, retaining utility easements; and directing the City Clerk to record certain documents. (1557-V)


Passed

Ayes: 11 - Ford, Johnson, Curls, Sanders Brooks, Gottstein, Marcason, Circo, Riley, Jolly, Sharp, Funkhouser
Nays: 0

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.


Passed

Ayes: 11 - Ford, Johnson, Curls, Sanders Brooks, Gottstein, Marcason, Circo, Riley, Jolly, Sharp, Funkhouser
Nays: 0

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.


Councilmember Ford Move to Amend
change the amendment to say, new motion-exclude bars and casino gaming areas.
Seconded by Councilmember Johnson
Ayes: 8 - Ford, Johnson, Curls, Sanders Brooks, Circo, Riley, Sharp, Funkhouser
Nays: 3 - Gottstein, Marcason, Jolly


Passed as Substituted and Amended

Ayes: 8 - Ford, Johnson, Curls, Sanders Brooks, Circo, Riley, Sharp, Funkhouser
Nays: 3 - Gottstein, Marcason, Jolly
 
 Councilmember Johnson 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 6-8 OF TODAY’S DOCKET AND THAT THESE ORDINANCES BE PLACED ON THE DOCKET NEXT WEEK FOR THIRD READING.
 
Ayes: 9 - Ford, Johnson, Curls, Sanders Brooks, Gottstein, Circo, Riley, Jolly, 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.


Assigned to Third Read Calendar

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


Assigned to Third Read Calendar

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)


Assigned to Third Read Calendar

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.


Assigned to Third Read Calendar

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)


Add to Consent Docket

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)


Add to Consent Docket

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)


Add to Consent Docket

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)


Add to Consent Docket

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)


Add to Consent Docket

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.


Assigned to Third Read Calendar

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.


Assigned to Third Read Calendar

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.


Assigned to Third Read Calendar

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.


Assigned to Third Read Calendar

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.


Assigned to Third Read Calendar

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.


Assigned to Third Read Calendar

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.


Add to Consent Docket
 
 Councilmember Johnson 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 9--10 OF TODAY’S DOCKET AND THAT THESE ORDINANCES BE INTRODUCED AS LISTED TO THE COMMITTEE SO DESIGNATED.
 
Ayes: 9 - Ford, Johnson, Curls, Sanders Brooks, Gottstein, Circo, Riley, Jolly, 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.


Referred to Finance and Audit Committee

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.


Referred to Finance and Audit Committee

080052
Reestimating revenue and appropriating the amount of $317,000.00 in the Fire Sales Tax Fund; and designating requisitioning authority.


Referred to Finance and Audit Committee

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.


Referred to Finance and Audit Committee

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)


Referred to Planning and Zoning Committee

080049
Vacating a ten foot wide strip of right of way on the east side of Northwestern Avenue a distance of 50 feet south of 21st Street, Kansas City, Jackson County, Missouri, and directing the City Clerk to record certain documents. (1585-V)


Referred to Planning and Zoning Committee

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.


Referred to Transportation and Infrastructure Committee

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.


Referred to Transportation and Infrastructure Committee
 
MISCELLANEOUS BUSINESS