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Last Published: 12/8/2006 1:44:47 PM
KANSAS CITY COUNCIL RECORD
 
Upon Roll Call the following members were present:
Present:4 - KEN BACCHUS, JIM GLOVER, MARY WILLIAMS-NEAL, ED FORD
 

990350
(Sub.)
Amending Chapter 80, Code of Ordinances, by adding a new section to be known as Section 80-11A0203, rezoning an area of approximately 12 acres generally located at 8501 Indiana Avenue from Districts M-1 (Light Industry) and M-2b (Heavy Industry) to District MR (Materials Reprocessing District), and approving a development plan for the same. (6694-P-6)


PLANNING, ZONING & ECONOMIC DEVELOPMENT COMMITTEE recommends "ADVANCE AND DO NOT PASS AS A COMMITTEE SUBSTITUTE"
Ordinances 990350 and 990352 are companion cases. Michaela Milana stated that a committee substitute was submitted for ordinance 990350. Ordinance 990359 is a request to rezone 12 acres from District M1 and M2b to District MR and to approve a development plan. The purpose of the ordinance is to allow a transfer station which will be an operation of a hauling company including offices, maintenance facility parking and storage recycling center. The development will be completed in two phases. Phase I will be the construction of the transfer station, scales and parking lot. Phase II will consist of the relocation of the recycling center and construction of the maintenance building. The use of a transfer station is currently allowed in M2 zoning. The purpose of the transfer station is to facilitate the transfer of waste from smaller hauling trucks which collects waste from customers. The waste will be deposited onto the floor of the transfer station, the trash will then be transferred into a larger truck to be hauled to a landfill in Warrensburg, Missouri. The companion ordinance is a text amendment which will cover two issues: 1) set forth requirements for final development plan for any use in district MR; 2) makes provision to allow solid waste transfer stations and separation facilities to be located within the flood plain. City Development staff recommended approval of the rezoning and gave reasons. City Plan Commission forwarded the ordinance to committee without a recommendation. Councilman Ford asked for clarification from staff regarding the property being used for a salvage wrecking yard. Staff clarified Mr. Ford's concerns. Ed Bullard, Lathrop & Gage, representing the applicant, stated that the conditional use permit granted by the Board of Zoning Adjustment (BZA) to operate the southeast landfill expired on April 1st. Also stating that there will not be anymore trash buried at the landfill under the old conditional use permit. Currently there are no applications pending to continue any landfill operations. A layout of the plan was shown to the committee. The closest residential district is approximately one mile away from the landfill. The site development plan has been intensely negotiated with city staff. He met with neighbors early in the process addressing certain issues. Kirk Gastinger, Gastinger, Walker, Harden Architects, presented to the committee a precise description of how the transfer station will operate including the architectural lay-out plan for the project. Joe Banco, Engineer, Southeast Landfill stated that the transfer station will handle only municipal waste, commercial waste and construction demo. There will be no hazardous waste, infectious medical waste, special waste nor contaminated soil. He stated that the neighbors expressed concerns regarding environmental issues, impact on traffic and diminishing of property value. Councilman Glover expressed concerns regarding the smell and noise control. Dennis Muller, President of East Meyer Community Board of Directors. Mr. Muller said since January the applicants have met with neighbors, the neighborhood has always endured the landfill and trash will be brought in continuously. Jackson County Legislator, Ron Finley spoke in opposition of the project stating that the County Legislature adopted a resolution opposing the project. John Henderson, President of Gregory Ridge Home Association spoke in opposition of the transfer station. He stated that trash will be held over night and gave an explanation of how the landfill will impact the neighborhood. Since closing the landfill of April 1st and proper sealing of the property, the smell has diminished some but doesn't want the transfer station in the neighborhood. Flora Buford, Executive Director East Meyer Community Association, clarified some points regarding other uses under the zoning. She stated that the zoning code for the area has always been in existence and potential use because the land is limited. She also expressed concerns of credibility with the representation of the owners. The rezoning is permanent, and does not have to be revisited after a set time. Once the zoning is placed on the property the transfer station can be operated for a long period of time. Also stating that East Meyer has worked closely with the community and neighborhood. Petitions and letters from the residents were presented to the committee for reviewal. Councilwoman Williams-Neal stated that she can not support the ordinance and was bothered by what had been said, but supports the neighbors and their feelings and believes that the project is contrary to the FOCUS plan. Councilman Ford asked for clarification regarding zoning classification of MR. Patricia Jensen, Assistant City Attorney and Vicki Noteis Director of City Development addressed Mr. Ford's concerns. Several area residents spoke in opposition of the transfer station stating that the landfill will cause odor and do not want any more trash in their area because the property value of their home would go down. Councilman Ford stated that currently there is no landfill or transfer station within the city limits. Also stating that legally the developer can place a noxious use on the property. One of the conditions within the ordinance was revised to restrict the time to have a tighter deadline. Councilman Glover expressed concerns regarding the property if it is left undeveloped and trying to get testimony into one hearing. Councilman Bacchus asked neighborhood leader would they be comfortable receiving what may happen as a result of the project not be approved as a material reprocessing center. He also stated that a rezoning would be better in the long-term for the community in terms of managing what happens. There's a lot of anger from the community regarding the landfill. He also stated that he could not support the transfer station. Councilman Ford asked that the hours be restricted from 6:00 a.m to 6:00 p.m. and that the condition be implemented into the committee substitute. The committee made a motion to advance and do not pass. Councilman Ford voted Nay on the ordinance.
Ayes: 3 - Bacchus, Glover, Williams-Neal
Nays: 1 - Ford

990351
Amending Chapter 80, Code of Ordinances, by adding a new section to be known as Section 80-11A0201, rezoning an area of approximately 36 acres generally bounded by Prospect Avenue on the west, Bruce R. Watkins Drive on the east, 75th Street on the north, and 77th Street on the south from Districts R-2a (Two-Family Dwellings) and C-2 (Local Retail Business) to District M-1-p (Light Industry - Limited District), and approving a preliminary plan for the same. (8489-P-2)


PLANNING, ZONING & ECONOMIC DEVELOPMENT COMMITTEE recommends "ADVANCE AND DO PASS"
Carrie Flack, City Development gave an thorough overview of the ordinance. Committee recommended approval.
Ayes: 4 - Bacchus, Glover, Williams-Neal, Ford
Nays: 0

990352
Amending Chapter 80, Code of Ordinances, by repealing Section 80-203, District MR (materials reprocessing district), and enacting in lieu thereof one new section of like number and subject matter.


PLANNING, ZONING & ECONOMIC DEVELOPMENT COMMITTEE recommends "ADVANCE AND DO NOT PASS"
See comments for ordinance 990350
Ayes: 3 - Bacchus, Glover, Williams-Neal
Nays: 1 - Ford

990353
RESOLUTION - Approving an amendment to the Beacon Hill/Longfellow Area Plan, being that part of Kansas City bounded by the Kansas City Terminal railway tracks on the north, Troost Avenue on the east, 31st Street on the south and Southwest Trafficway on the west, modifying the Land Use Plan and Map for an area generally located at 2905 Harrison Street to recommend "retail commercial uses" instead of "low density residential uses". (202-S-7)


PLANNING, ZONING & ECONOMIC DEVELOPMENT COMMITTEE recommends "IMMEDIATE ADOPTION"
Eric Jensen, City Development testified on the resolution. Committee recommended approval.
Ayes: 4 - Bacchus, Glover, Williams-Neal, Ford
Nays: 0

990354
(Sub.)
Amending Chapter 80, Code of Ordinances, by adding a new section to be known as Section 80-11A0202, rezoning an area of approximately 4 acres generally located east of Harrison Street, west of Troost Avenue, south of 29th Street and north of 30th Street from Districts R-2b (Two-Family Dwellings) and C-3a1-p (Intermediate Business, Low Buildings - Limited District) to District C-3a1-p (Intermediate Business, Low Buildings - Limited District), and approving a preliminary plan for the same. (9849-P-4)


PLANNING, ZONING & ECONOMIC DEVELOPMENT COMMITTEE recommends "ADVANCE AND DO PASS AS A COMMITTEE SUBSTITUTE"
Eric Jensen, City Development testified on the ordinance. A committee substitute was submitted. Committee recommended approval.
Ayes: 4 - Bacchus, Glover, Williams-Neal, Ford
Nays: 0

990357
Amending Chapter 80, Code of Ordinances, by adding a new section to be known as Section 80-11A0195, rezoning an area of approximately 70.31 acres generally located at the southwest corner of N.E. 108th Street and N. Eastern Avenue (proposed) from District R-1aa (One-Family Dwellings, Low Density) to District R-2b (Two-Family Dwellings). (12124-P)


PLANNING, ZONING & ECONOMIC DEVELOPMENT COMMITTEE recommends "ADVANCE AND DO PASS"
See comments for ordinance 990162.
Ayes: 4 - Bacchus, Glover, Williams-Neal, Ford
Nays: 0

990469
RESOLUTION - Approving the reappointment of Deron Cherry and Leon Arnold; and the appointment of Priscilla Hill-Ardoin to the Board of Directors of the 18th & Vine Authority.


PLANNING, ZONING & ECONOMIC DEVELOPMENT COMMITTEE recommends "IMMEDIATE ADOPTION"
Greg Lever, Mayor's Office stated that the resolution will reappoint two existing members to the 18th & Vine Authority, also approving the new appointment of Pricilla Hill-Ardoin. Committee recommended approval of the resolution.
Ayes: 4 - Bacchus, Glover, Williams-Neal, Ford
Nays: 0

990481
Authorizing execution of a Personal Services Contract with Ana R. Melgoza to serve as a Community Affairs Assistant for FOCUS for a period of one year for $30,000.00 plus $2,295.00 in FICA payments.


PLANNING, ZONING & ECONOMIC DEVELOPMENT COMMITTEE recommends "ADVANCE AND DO PASS"
Denise Phillips, City Development/FOCUS testified on behalf of the ordinance. She said that funds are allocated in the budget. Committee recommended approval of the ordinance.
Ayes: 4 - Bacchus, Glover, Williams-Neal, Ford
Nays: 0

990483
RESOLUTION - Supporting the use of incentives allowed under Committee Substitute for Resolution No. 990404 for the Power and Light District and the Midtown Redevelopment Tax Increment Financing Redevelopment Areas and directing the City Manager to work with the Economic Development Corporation of Kansas City and the Tax Increment Financing Commission of Kansas City to develop a plan for utilizing the economic incentives available for those projects.


PLANNING, ZONING & ECONOMIC DEVELOPMENT COMMITTEE recommends "IMMEDIATE ADOPTION"
Bob Langenkamp, City Development explained to the committee the purpose of the ordinance. Committee recommended approval.
Ayes: 4 - Bacchus, Glover, Williams-Neal, Ford
Nays: 0

990484
Approving the sale of the vacant lots at 2541-43 Prospect and authorizing the Director of Finance to execute a deed therefor.


PLANNING, ZONING & ECONOMIC DEVELOPMENT COMMITTEE recommends "ADVANCE AND DO PASS"
Edgar Jordan, City Development gave an overview of the ordinance. Committee recommended approval.
Ayes: 4 - Bacchus, Glover, Williams-Neal, Ford
Nays: 0

990485
Approving the sale of the building located at 2531 Prospect including the vacant lots at 2535-37 Prospect and authorizing the Director of Finance to execute a deed therefor.


PLANNING, ZONING & ECONOMIC DEVELOPMENT COMMITTEE recommends "ADVANCE AND DO PASS"
Edgar Jordan, City Development testified on the ordinance. The ordinance will authorize the Director of Finance to execute a Warranty Deed conveying the property to Patricia Peters who was the successful bidder. Bids were taken on March 29, 1999. Committee recommended approval of the ordinance.
Ayes: 4 - Bacchus, Glover, Williams-Neal, Ford
Nays: 0

990486
Approving the sale of a portion of vacated Pennsylvania Avenue, north of 7th Street and authorizing the Director of Finance to execute a deed therefor.


PLANNING, ZONING & ECONOMIC DEVELOPMENT COMMITTEE recommends "ADVANCE AND DO PASS"
Edgar Jordan, City Development testified on the ordinance. The ordinance will approve the sale of a portion of vacated land located on Pennsylvania & 7th Street. The bidders were Broadway Square Partnership. The bid was for $25,500.00.
Ayes: 4 - Bacchus, Glover, Williams-Neal, Ford
Nays: 0

990487
Repealing Committee Substitute for Ordinance No. 971124 and authorizing a Lease Agreement with Allright Corporation for the leasing of City property generally located at 1017 Locust, formerly the Schuyler Hotel, for use as a parking lot, for a term of fifteen years, and including provisions for repayment for improvements made on the leased property if the Lease is terminated prior to expiration of the Lease.


PLANNING, ZONING & ECONOMIC DEVELOPMENT COMMITTEE recommends "ADVANCE AND DO PASS"
Committee recommended approval of the ordinance.
Ayes: 4 - Bacchus, Glover, Williams-Neal, Ford
Nays: 0

990162
(Sub.)
Approving a Community Unit Project on an approximately 70.31 acre tract of land generally located on the west side of N. Eastern Avenue (proposed), south of N.E. 108th Street. (12124-CUP)


PLANNING, ZONING & ECONOMIC DEVELOPMENT COMMITTEE recommends "ADVANCE AND DO PASS AS SECOND COMMITTEE SUBSTITUTE"
A second committee substitute was submitted on ordinance 990162. This ordinance is a companion to ordinance 990357. Don Gustafson, City Development testified on behalf of the ordinance. He said the overall development is part of seven ordinances which was previously reviewed. The projects included three family subdivision totaling 1,045 single family lots, 16 1/2 acres commercial area and 70 acres on the south of 108th Street. Mike Burke, attorney, stated that he is in agreement with all of conditions of the ordinance.
Ayes: 4 - Bacchus, Glover, Williams-Neal, Ford
Nays: 0

990284
Amending the General Development and Land Use Plan, Kansas City International Airport, as amended, by changing the land use designation from general transient retail business and medium density residential uses to regional business uses for an approximately 2.3 acre tract of land generally located on the east side of N. Amity Avenue at N.W. 87th Street (proposed). (247-S-67)


PLANNING, ZONING & ECONOMIC DEVELOPMENT COMMITTEE recommends "HOLD ON AGENDA"
It was the consensus of the committee to hold ordinance 990284 for one week.
Ayes: 4 - Bacchus, Glover, Williams-Neal, Ford
Nays: 0

990285
Amending the General Development and Land Use Plan, Kansas City International Airport, as amended, by changing the land use designation from general transient retail business and medium density residential uses to medium density residential uses for an approximately 46.5 acre tract of land generally located east of N. Amity Avenue and south of Missouri Highway 152. (247-S-68)


PLANNING, ZONING & ECONOMIC DEVELOPMENT COMMITTEE recommends "HOLD ON AGENDA"
It was the consensus of the committee to hold ordinance 990285 for one week.
Ayes: 4 - Bacchus, Glover, Williams-Neal, Ford
Nays: 0

990286
Amending Chapter 80, Code of Ordinances, by adding a new section to be known as Section 80-11A0197, rezoning an area of approximately 2.3 acres generally located on the east side of N. Amity Avenue at N.W. 87th Street (proposed) from District GP-7 (Agricultural and Low Density Residential Uses) to District GP-3 (Regional Business), and approving a development plan for the same. (12103-GP-4)


PLANNING, ZONING & ECONOMIC DEVELOPMENT COMMITTEE recommends "HOLD ON AGENDA"
It was the consensus of the committee to hold ordinance 990286 for one week.
Ayes: 4 - Bacchus, Glover, Williams-Neal, Ford
Nays: 0

990287
Amending Chapter 80, Code of Ordinances, by adding a new section to be known as Section 80-11A0198, rezoning an area of approximately 46.5 acres generally located east of N. Amity Avenue and south of Missouri Highway 152 from Districts GP-7 (Agricultural and Low Density Residential Uses) and GP-5 (Medium Density Residential Uses) to District GP-5 (Medium Density Residential Uses), and approving a development plan for the same. (12103-GP-5)


PLANNING, ZONING & ECONOMIC DEVELOPMENT COMMITTEE recommends "HOLD ON AGENDA"
It was the consensus of the committee to hold ordinance 990287 for one week.
Ayes: 4 - Bacchus, Glover, Williams-Neal, Ford
Nays: 0

990364
(Sub.)
Amending Chapter 40 of the Code of Ordinances by enacting a new Section 40-337a which requires bail bondsmen to obtain liability insurance; and establishing an effective date.


PLANNING, ZONING & ECONOMIC DEVELOPMENT COMMITTEE recommends "ADVANCE AND DO PASS AS A COMMITTEE SUBSTITUTE"
Maggie Moran, Assistant City Attorney, explained to the committee the reason for the committee substitute. She has talked to insurance companies for bonding companies and believe insurance will be available. The original ordinance provided for the company to have insurance covering employees. The ordinance was changed so that a bondsman obtaining a license, would need to prove insurance coverage. Keith Thomas, Lobbyist/Liberty Bail Bonding Co. said the concerns has been the general liability. This type of insurance will be available. There was a lot of impact on the compliance (see subsection D) which gives "teeth" to the ordinance. A listing will be issued to the police department and municipal court to allow legitimate bondsmen to obtain insurance. Tim Gilley, All County Bail Bonding Co. Grandview MO. expressed concerns regarding obtaining insurance.
Ayes: 4 - Bacchus, Glover, Williams-Neal, Ford
Nays: 0

990421
(Sub.)
Accepting the recommendations of the Tax Increment Financing Commission as to the Second Amendment to the Uptown Tax Increment Financing Plan approving the Second Amendment to the Uptown Tax Increment Financing Plan; and designating an expanded Redevelopment Area.


PLANNING, ZONING & ECONOMIC DEVELOPMENT COMMITTEE recommends "ADVANCE AND DO PASS AS A COMMITTEE SUBSTITUTE"
A committee substitute was submitted on ordinance 990421. Dick Smith TIF Commission said that there has been extensive meetings between the applicant and TIF Commission staff. Everyone has tried to resolved the difference but there are still question about the site plan. All the parties were in agreement with the committee substitute. Councilman Glover expressed concerns regarding the committee substitute. Committee recommended approval of the ordinance. It was the consensus of the committee to hold ordinance 990424 off the agenda.
Ayes: 4 - Bacchus, Glover, Williams-Neal, Ford
Nays: 0

990424
(Sub.)
Approving and designating Redevelopment Project No. 11 of the Uptown Tax Increment Financing Plan as a Redevelopment Project; and adopting tax increment financing therein.


PLANNING, ZONING & ECONOMIC DEVELOPMENT COMMITTEE recommends "HOLD OFF AGENDA"
See comments for ordinance 990421.
Ayes: 4 - Bacchus, Glover, Williams-Neal, Ford
Nays: 0

990426
Approving and designating Redevelopment Project No. 13 of the Uptown Tax Increment Financing Plan as a Redevelopment Project; and adopting tax increment financing therein.


PLANNING, ZONING & ECONOMIC DEVELOPMENT COMMITTEE recommends "ADVANCE AND DO PASS"
See comments for ordinance 990421.
Ayes: 4 - Bacchus, Glover, Williams-Neal, Ford
Nays: 0
 
 The committee may go into a closed session to discuss a legal matter pursuant to RSMo Section 610.021(1).