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Last Published: 6/4/2005 12:00:15 PM
KANSAS CITY COUNCIL RECORD
 
Upon Roll Call the following members were present:
Presided:1 - KAY BARNES
Present:12 - DEB HERMANN, BILL SKAGGS, BONNIE COOPER, JOHN FAIRFIELD, TROY NASH, SAUNDRA MCFADDEN-WEAVER, JIM GLOVER, JIM ROWLAND, BECKY NACE, TERRY RILEY, ALVIN BROOKS, CHARLES EDDY
 

031312
RESOLUTION - Honoring Bobby Tolson, President of Safety Advocates, Inc.


Adopted

Ayes: 13 - Hermann, Skaggs, Cooper, Fairfield, Nash, McFadden-Weaver, Glover, Rowland, Nace, Riley, Brooks, Eddy, Barnes
Nays: 0

031317
RESOLUTION - Honoring Tony Gregg on his 10th Annual Toy and Food Drive.


Adopted
Special Action 031317 was introduced by Councilmember Riley who moved for immediate adoption. The motion was seconded by Councilmember Brooks and the resolution was adopted.
Ayes: 13 - Hermann, Skaggs, Cooper, Fairfield, Nash, McFadden-Weaver, Glover, Rowland, Nace, Riley, Brooks, Eddy, Barnes
Nays: 0

031309
COMMUNICATION - Notice received from the Director of Public Works regarding Temporary Traffic Regulation Nos. 57369 through 57418.


Received And Filed

031094
RESOLUTION - Approving an amendment to the Briarcliff-Antioch-Davidson Area Plan by modifying the Land Use Plan and Map for an area of approximately 183 acres generally located at the southwest corner of N.W. Englewood Road and Missouri Highway 169, by changing the recommended lands uses from low density residential uses to low density residential and retail commercial (mixed) uses. (241-S-3)


Adopted

Ayes: 12 - Hermann, Skaggs, Cooper, Fairfield, Nash, McFadden-Weaver, Glover, Rowland, Nace, Brooks, Eddy, Barnes
Nays: 0

031273
RESOLUTION - Determining the compliance of Phases One and Two of the Westside Industrial 353 Redevelopment Corporation Project generally located on the west side of Southwest Boulevard between 25th Street and 27th Street; and authorizing issuance of a Certificate of Completion for Phases One and Two of the Westside Industrial Redevelopment Corporation for the Westside Industrial 353 Redevelopment Project.


Adopted

Ayes: 13 - Hermann, Skaggs, Cooper, Fairfield, Nash, McFadden-Weaver, Glover, Rowland, Nace, Riley, Brooks, Eddy, Barnes
Nays: 0
 
 There are no items on this week's Consent Docket.
 
 There are no items on this week's Debate Docket.

031273
RESOLUTION - Determining the compliance of Phases One and Two of the Westside Industrial 353 Redevelopment Corporation Project generally located on the west side of Southwest Boulevard between 25th Street and 27th Street; and authorizing issuance of a Certificate of Completion for Phases One and Two of the Westside Industrial Redevelopment Corporation for the Westside Industrial 353 Redevelopment Project.

031294
(Sub.)
Amending section 2-1020, code of ordinances, to include the internal auditor in those officials who will make annual disclosures to the Missouri Ethics Commission, to update the list of boards, commissions and other entities whose members are required to file annual reports with the City Clerk, to provide for possible termination or suspension of funding of agencies whose members do not comply with the disclosure requirements, to require the City Clerk to provide forms to persons required to file by February 1 of each year and to provide a copy of this ordinance to the Missouri Ethics Commission.


Amended
Councilmember Cooper moved to amend this ordinance. The motion was seconded by Councilmember Eddy.
Ayes: 12 - Hermann, Cooper, Fairfield, Nash, McFadden-Weaver, Glover, Rowland, Nace, Riley, Brooks, Eddy, Barnes
Nays: 0


Passed as Substituted and Amended

Ayes: 12 - Hermann, Cooper, Fairfield, Nash, McFadden-Weaver, Glover, Rowland, Nace, Riley, Brooks, Eddy, Barnes
Nays: 0

031297
Estimating revenue in the amount of $4,620,239.95 in the Community Development Block Grant Fund - 28th Year; appropriating it to the Debt Service - HUD account of the Community development Block Grant Fund - 28th Year; authorizing the Director of Housing and Community Development to expend $4,620,239.95 to repay the Westside Business Park Section 108 Loan outstanding balance; accepting revenue in the amount of $1,055,000.00 in the HUD-Discretionary Grant Fund; and recognizing an emergency.


Passed

Ayes: 9 - Nash, McFadden-Weaver, Glover, Rowland, Nace, Riley, Brooks, Eddy, Barnes
Nays: 3 - Hermann, Cooper, Fairfield

031276
Approving a $1,171,500.00 contract with Pyramid Excavation & Construction, Inc., for Contract No. 692, Gracemore Relief Sewer; appropriating funding in the amount of $1,230,100.00; designating requisitioning authority; and authorizing expenditure of funds therefore.


Passed

Ayes: 10 - Fairfield, Nash, McFadden-Weaver, Glover, Rowland, Nace, Riley, Brooks, Eddy, Barnes
Nays: 0

031277
(Sub.)
Amending Chapter 68, Code of Ordinances, by repealing Section 68-386, Collection at source; withholdings, and enacting in lieu thereof a new section of like number and subject that establishes collection and reporting requirements for employers withholding earnings taxes on behalf of employees.


Passed as Substituted

Ayes: 11 - Hermann, Cooper, Fairfield, Nash, Glover, Rowland, Nace, Riley, Brooks, Eddy, Barnes
Nays: 0

031293
Amending Article V of the Administrative Code of Kansas City, Missouri, relating to Departments, by repealing Section 2-493, and enacting in lieu thereof one new section of like number and subject matter which clarifies the duties of the Director of Water Services.


Passed

Ayes: 13 - Hermann, Skaggs, Cooper, Fairfield, Nash, McFadden-Weaver, Glover, Rowland, Nace, Riley, Brooks, Eddy, Barnes
Nays: 0

031095
Amending Chapter 80, Code of Ordinances, by adding a new section to be known as Section 80-11A0518, rezoning an area of approximately 28 acres generally located at the southwest corner of N.W. Englewood Road and Missouri Highway 169 from Districts R-2b (Two-Family Dwellings) and CP-2 (Local Planned Business Center) to R-2b (Two-Family Dwellings). (12970-P)


Passed

Ayes: 13 - Hermann, Skaggs, Cooper, Fairfield, Nash, McFadden-Weaver, Glover, Rowland, Nace, Riley, Brooks, Eddy, Barnes
Nays: 0

031096
Approving a Community Unit Project on an approximately 28 acre tract of land generally located at the southwest corner of N.W. Englewood Road and Missouri Highway 169. (12970-CUP-1)


Passed as Substituted

Ayes: 13 - Hermann, Skaggs, Cooper, Fairfield, Nash, McFadden-Weaver, Glover, Rowland, Nace, Riley, Brooks, Eddy, Barnes
Nays: 0

031097
Amending Chapter 80, Code of Ordinances, by adding a new section to be known as Section 80-11A0519, rezoning an area of approximately 31 acres generally located on the south side of N.W. Englewood Road and west of Missouri Highway 169 from Districts R-2b (Two-Family Dwellings) and CP-2 (Local Planned Business Center) to District R-2b (Two-Family Dwellings). (12970-P-2)


Passed

Ayes: 13 - Hermann, Skaggs, Cooper, Fairfield, Nash, McFadden-Weaver, Glover, Rowland, Nace, Riley, Brooks, Eddy, Barnes
Nays: 0

031098
Amending Chapter 80, Code of Ordinances, by adding a new section to be known as Section 80-11A0520, rezoning an area of approximately 106 acres generally located on the south side of N.W. Englewood Road and west of Missouri Highway 169 from Districts R-1a (One-Family Dwellings, Medium Density) and CP-2 (Local Planned Business Center) to District R-2b (Two-Family Dwellings). (12970-P-3)


Passed as Substituted

Ayes: 13 - Hermann, Skaggs, Cooper, Fairfield, Nash, McFadden-Weaver, Glover, Rowland, Nace, Riley, Brooks, Eddy, Barnes
Nays: 0

031099
Approving a Community Unit Project on an approximately 137 acre tract of land generally located on the south side of N.W. Englewood Road and west of Missouri Highway 169. (12970-CUP-4)


Passed as Substituted

Ayes: 12 - Skaggs, Cooper, Fairfield, Nash, McFadden-Weaver, Glover, Rowland, Nace, Riley, Brooks, Eddy, Barnes
Nays: 0

031100
Amending Chapter 80, Code of Ordinances, by adding a new section to be known as Section 80-11A0521, rezoning an area of approximately 18 acres generally located on the south side of N.W. Englewood Road and west of Missouri Highway 169 from Districts CP-2 (Local Planned Business Center) and R-2b (Two-Family Dwellings) to District C-2 (Local Retail Business District). (12970-P-5)


Passed

Ayes: 12 - Skaggs, Cooper, Fairfield, Nash, McFadden-Weaver, Glover, Rowland, Nace, Riley, Brooks, Eddy, Barnes
Nays: 0

031101
Amending Chapter 80, Code of Ordinances, by adding a new section to be known as Section 80-11A0522, rezoning an area of approximately 18 acres generally located on the south side of N.W. Englewood Road and west of Missouri Highway 169 from District C-2 (Local Retail Business District) to Distri ct PD/C-2 (Planned District/Local Retail Business District), and approving a development plan for the same. (12970-PD-6)


Passed as Substituted

Ayes: 12 - Skaggs, Cooper, Fairfield, Nash, McFadden-Weaver, Glover, Rowland, Nace, Riley, Brooks, Eddy, Barnes
Nays: 0

031270
Authorizing a $170,000.00 Cooperative Agreement with the Economic Development Corporation of Kansas City, Missouri, to prepare or cause to be prepared a development plan for the development of a Downtown Entertainment District.


Passed

Ayes: 13 - Hermann, Skaggs, Cooper, Fairfield, Nash, McFadden-Weaver, Glover, Rowland, Nace, Riley, Brooks, Eddy, Barnes
Nays: 0

031271
Approving the plat of Monarch View 5th Plat, an addition in Kansas City, Jackson County, Missouri; accepting various easements; establishing grades on public ways; authorizing the Director of Public Works to execute certain agreements; and authorizing the City Clerk to file this ordinance and attached agreements.


Passed

Ayes: 13 - Hermann, Skaggs, Cooper, Fairfield, Nash, McFadden-Weaver, Glover, Rowland, Nace, Riley, Brooks, Eddy, Barnes
Nays: 0

031272
Approving the plat of Chezik Addition Replat, an addition in Kansas City, Clay County, Missouri; accepting various easements; establishing grades on public ways.


Passed

Ayes: 12 - Hermann, Cooper, Fairfield, Nash, McFadden-Weaver, Glover, Rowland, Nace, Riley, Brooks, Eddy, Barnes
Nays: 1 - Skaggs

031274
Terminating the 353 Redevelopment Contract and Development and terminating rights of tax abatement and eminent domain for the Forty-Third and Baltimore Redevelopment Project generally located on the east side of Baltimore Avenue between Vietnam Veterans Memorial Drive (42nd Street) and 43rd Street (4205, 4207, 4215, 4219 and 4221 Baltimore). (416-S-3)


Passed

Ayes: 13 - Hermann, Skaggs, Cooper, Fairfield, Nash, McFadden-Weaver, Glover, Rowland, Nace, Riley, Brooks, Eddy, Barnes
Nays: 0

031278
Establishing dual street names for a portion of East and West 135th Street, to be also known as Martin City Drive within Kansas City, Jackson County, Missouri.


Passed

Ayes: 13 - Hermann, Skaggs, Cooper, Fairfield, Nash, McFadden-Weaver, Glover, Rowland, Nace, Riley, Brooks, Eddy, Barnes
Nays: 0

031295
Approving the plat of North Brighton Commerce Center Second Plat, an addition in Kansas City, Clay County, Missouri; accepting various easements; and establishing grades on public ways.


Passed

Ayes: 13 - Hermann, Skaggs, Cooper, Fairfield, Nash, McFadden-Weaver, Glover, Rowland, Nace, Riley, Brooks, Eddy, Barnes
Nays: 0

031298
Accepting the recommendations of the Tax Increment Financing Commission as to and approving the Third Amendment to the Brush Creek Corridor Tax Increment Financing Plan.


Held on Docket
Councilmember Nash moved to hold this item on the docket. The motion was seconded by Councilmember McFadden-Weaver.
Ayes: 12 - Hermann, Skaggs, Cooper, Fairfield, Nash, McFadden-Weaver, Glover, Rowland, Nace, Riley, Brooks, Eddy
Nays: 0

031299
Authorizing a Cooperative Agreement among the Tax Increment Financing Commission of Kansas City, Missouri, the Industrial Development Authority of the City of Kansas City, Missouri, Plaza Colonnade, L.L.C. and Commerce Bank for the bond issue regarding the collection of a special assessment for the Plaza Library Redevelopment Project to be imposed by a neighborhood improvement district.


Waive Charter Requirements City Council
for reading of ordinances on three separate days for ordinances found on second reading on page 7 and that these ordinances be listed next for third reading.
Ayes: 12 - Skaggs, Cooper, Fairfield, Nash, McFadden-Weaver, Glover, Rowland, Nace, Riley, Brooks, Eddy, Barnes
Nays: 0


Held on Docket
Councilmember Nash moved to hold this item on the docket. The motion was seconded by Councilmember McFadden-Weaver.
Ayes: 13 - Hermann, Skaggs, Cooper, Fairfield, Nash, McFadden-Weaver, Glover, Rowland, Nace, Riley, Brooks, Eddy, Barnes
Nays: 0

031242
Authorizing a Cooperative Agreement for Water Purchase between Public Water Supply District No. 12 of Jackson County, Missouri and Kansas City, Missouri for a period of thirty years and directing the City Clerk to record this Cooperative Agreement.


Assigned to Third Read Calendar

031254
Establishing Sewer District No. 10071 and reestablishing Sewer District No. 10067, all in Sewer Division 10, in Kansas City, Jackson County, Missouri, being generally bounded by Interstate Highway 70 on the north, Pittman Road on the east, 43rd Street on the south and Arlington Avenue on the west.


Assigned to Third Read Calendar

031282
Authorizing the Director of Public Works to act as the City representative and designated to execute Municipal Agreements with the Missouri Department of Transportation.


Assigned to Third Read Calendar

031285
Authorizing a $263,667.00 First Amendment and a $58,307.00 Second Amendment to Agreement No. 000257 with TapanAm Associates, Inc. for the Sni-A-Bar Road Bridge over Kansas City Southern Railroads and appropriating $805.00 to the Youth Employment Fund.


Assigned to Third Read Calendar

031269
Authorizing a Lease Agreement with Family Resource Center for office space located at 4900 Swope Parkway in Kansas City, Missouri.


Waive Charter Requirements City Council
for reading of ordinances on three separate days for ordinances found on first reading on pages 8-11 and that these ordinances be listed next week in the committees so designated.
Ayes: 11 - Skaggs, Cooper, Fairfield, Nash, McFadden-Weaver, Glover, Rowland, Nace, Brooks, Eddy, Barnes
Nays: 0


Add to Consent Docket

031318
RESOLUTION - Approving the preparation and submission of an application to the United States Environmental Protection Agency (EPA) in accordance with the Comprehensive Environmental Response and Liability Act of 1980 (CERCLA), as amended, for a Brownfield Site Characterization and Assessment in the amount of $200,000 for the assessment of brownfield properties in the Troost Corridor.


Adopted
Resolution 031318 was introduced by Councilmember Nash.

031319
Fixing the interest rate on $20,000,000.00 maximum principal amount of Taxable Industrial Revenue Bonds (AmerisourceBergen Corporation Project), Series 2003E-1 and $20,000,000.00 maximum principal amount of a Taxable Industrial Revenue Bonds (AmerisourceBergen Corporation Project), Series 2003E-2 of the City of Kansas City, Missouri, authorized by Ordinance No. 031211, passed November 13, 2003, authorizing the sale and delivery of said bonds to the purchasers, and declaring an emergency.


Passed
Ordinance 031319 was introduced by Councilmember Eddy.

031320
(Sub.)
RESOLUTION - Revising the policy for the use of Chapter 100 Bonds previously adopted by the Council


Referred Finance Committee
Resolution 031320 was introduced by Councilmember Eddy.

031321
RESOLUTION - Expressing the Council interest in issuing revenue bonds in an amount not to exceed $40,000,000.00 for the purpose of carrying out an industrial development project including the purchase, improvement and reconstruction of a facility and lease of the facility to Bayer Corporation for a fungicide manufacturing facility, in the event the City approves the plan submitted; directing the City Manager to work with the Economic Development Corporation to negotiate a plan to accomplish the project; stating the Council intent regarding the City´s Chapter 100 policy as to this Project; and authorizing a preliminary agreement to allow the Project to proceed with acquisition of equipment and materials on a tax exempt basis.


Adopted
Resolution 031321 was introduced by Councilmember Rowland.
Ayes: 13 - Hermann, Skaggs, Cooper, Fairfield, Nash, McFadden-Weaver, Glover, Rowland, Nace, Riley, Brooks, Eddy, Barnes
Nays: 0

031310
Approving and authorizing settlement of a lawsuit entitled Brincefield v. Harris et al., Case No. 02CV206225; and recognizing an emergency.


Referred Finance Committee

031311
Approving and authorizing settlement of a lawsuit entitled Kathy Cannon, et al. v. City of Kansas City, Missouri, Case No. 01CV225234; and recognizing an emergency.


Referred Finance Committee

031315
Authorizing the Director of Finance to accept the proposal of Banc of America Leasing & Capital, LLC for financing the acquisition of 70,000 recycling bins by the Environmental Management Department to be distributed to the residents of the City of Kansas City, Missouri, in an aggregate principal amount of $387,000.00; to execute any and all documents and agreements necessary for the financing under a master lease purchase agreement; to estimate and appropriate lease proceeds in accounts as specifically set forth in the ordinance; to declare the intent of the City to reimburse itself from the lease purchase proceeds for certain expenditures; to appropriate debt service for fiscal year 2004 in the Equipment Lease Debt Service Fund; to authorize the Director of Finance to close project accounts upon project completion; to designate requisitioning authorities; and to recognize an emergency.


Referred Finance Committee

031313
RESOLUTION - Establishing the City positions on matters that may come before the Missouri General Assembly during its 2004 Session.


Adopted
Councilmember Cooper moved for immediate adoption of the resolution.
Ayes: 12 - Hermann, Cooper, Fairfield, Nash, McFadden-Weaver, Glover, Rowland, Nace, Riley, Brooks, Eddy, Barnes
Nays: 0

031314
RESOLUTION - Establishing the City´s priorities for proposed legislation that the City encourages the General Assembly to adopt during the 2004 Missouri Legislative Session.


Adopted
Councilmember Cooper moved for immediate adoption of the resolution.
Ayes: 12 - Hermann, Cooper, Fairfield, Nash, McFadden-Weaver, Glover, Rowland, Nace, Riley, Brooks, Eddy, Barnes
Nays: 0

031281
Amending Chapter 14, Code of Ordinances, by repealing Section 14-1, Definitions, 14-29, Dangerous dogs, 14-50, Giving false or misleading information, 14-51, Penalties and 14-52, Schedule of user fees, and enacting in lieu thereof five new sections of like numbers and subject matters, pertaining to animals.


Referred Neighborhood Development and Housing Committee

031316
(Sub.)
Amending Chapters 14 and 50, Code of Ordinances by repealing Sections 14-17, Injuring, trapping or poisoning animals and 50-266, Use and sale of arrows, and enacting in lieu thereof two new sections of like numbers and subject matters and by enacting one new Section 14-54, Managed bow hunting, pertaining to animals and offenses.


Referred Neighborhood Development and Housing Committee

031307
Authorizing a $65,000.00 contract contingency increase with Larrison Construction, Inc. for additional construction work for the Municipal Auditorium Shell Improvements project; the expenditure of previously appropriated funds in the amount of $65,000.00; reducing an appropriation in the amount of $813.00 in the Local Use Tax Fund; appropriating $650.00 to the Public Art Fund; and appropriating $163.00 to the Youth Employment Fund.


Referred Operations Committee

031300
Approving the plat of Estates at Willow Brooke, an addition in Kansas City, Clay County, Missouri; accepting various easements; establishing grades on public ways.


Referred Planning, Zoning & Economic Development Committee

031301
Approving the plat of Guinotte Bluff, Replat of Lot 8 Block 3, an addition in Kansas City, Jackson County, Missouri and establishing grades on public ways.


Referred Planning, Zoning & Economic Development Committee

031302
Approving the plat of Brooke Ridge Fourth Plat, Replat of Lots 211-216, an addition in Kansas City, Clay County, Missouri; accepting various easements; and establishing grades on public ways.


Referred Planning, Zoning & Economic Development Committee

031303
Amending Chapter 80, Code of Ordinances, by adding a new section to be known as Section 80-11A0531, rezoning an area of approximately .67 acres generally located at the northeast corner of 46th Street and Washington Street from District R-4 (Low Apartments) to District PD/R-4 (Planned District/Low Apartments), and approving a development plan for the same. (12591-GP)


Referred Planning, Zoning & Economic Development Committee

031304
(Sub.)
Approving an amendment to a previously approved preliminary plan in District CP-3 (Regional Planned Business Center) on approximately a 26 acre tract of land generally located on the south side of relocated 135th Street and on the east side of Missouri Highway 150. (9691-CP-15)


Referred Planning, Zoning & Economic Development Committee

031305
Amending the General Development and Land Use Plan, Kansas City International Airport, by changing the land use designation for from GP-7 (Agricultural and Residential) to GP-6 (Low Density Residential) for an approximately 9.36 acre tract of land generally located on the north side of N.W. Barry Road, approximately 500 feet west of N. Carson Avenue. (247-S-88)


Referred Planning, Zoning & Economic Development Committee

031306
Amending Chapter 80, Code of Ordinances, by adding a new section to be known as Section 80-11A0530, rezoning an area of approximately 9.36 acres generally located on the north side of N.W. Barry Road, approximately 500 feet west of Carson Avenue (10400 N.W. Barry Road) from District GP-7 (Agricultural and Low Density Residential Uses) to District GP-6 (Low Density Residential Uses), and approving a development plan for the same. (11029-GP-5)


Referred Planning, Zoning & Economic Development Committee

031308
Approving the preliminary plat of Shari Estates on an approximately 2.73 acre tract of land generally located 500 feet east of N. Woodland Avenue at the eastern terminus of N.E. 80th Terrace. (SD 1050)


Referred Planning, Zoning & Economic Development Committee
 
MISCELLANEOUS BUSINESS