COMMITTEE SUBSTITUTE
FOR ORDINANCE NO. 090071
Approving recommendations from
all the Arterial Street Impact Fee District Advisory Committees; transferring
appropriations in the Arterial Street Impact Fee Fund; designating
requisitioning authority; and authorizing the Director of Public Works to enter
into cooperative agreements with Platte County for the N.W. 72nd Street
Extension and the Tax Increment Financing Commission for the construction of
improvements to N. Eastern Avenue.
WHEREAS, on
November 17, 2008, the District A Advisory Committee recommended allocating
their prorated share of half the cost of Phase 2 of the Major Street Plan
Update, City Project No. 89008154, which is $78,214.00; and
WHEREAS, on
December 8, 2008, the District B Advisory Committee recommended allocating
their prorated share of half the cost of Phase 2 of the Major Street Plan
Update, City Project No. 89008154, which is $41,806.00; and
WHEREAS, on
December 8, 2008, the District B Advisory Committee recommended allocating
$50,000.00 towards the 96th Street Corridor project, City Project No. 89008141;
and
WHEREAS, on December 10, 2008, the District B Advisory Committee recommended allocating $50,000.00
towards the 108th Street Corridor project, City Project No. 89008191; and
WHEREAS, on
November 17, 2008, the District C Advisory Committee recommended allocating
their prorated share of half the cost of Phase 2 of the Major Street Plan
Update, City Project No. 89008154, which is $30,606.00; and
WHEREAS, on
December 10, 2008, the District D Advisory Committee recommended allocating
their prorated share of half the cost of Phase 2 of the Major Street Plan
Update, City Project No. 89008154, which is $20,815.00; and
WHEREAS, on
November 17, 2008, the District E Advisory Committee recommended allocating
their prorated share of half the cost of Phase 2 of the Major Street Plan
Update, City Project No. 89008154, which is $37,533.00; and
WHEREAS, on
December 10, 2008, the District F Advisory Committee recommended allocating
their prorated share of half the cost of Phase 2 of the Major Street Plan
Update, City Project No. 89008154, which is $61,386.00; and
WHEREAS, on
December 10, 2008, the District F Advisory Committee recommended allocating
$150,000.00 towards Lee's Summit Road-Harding Curves, City Project No.
89008194; and
WHEREAS, on
December 10, 2008, the District F Advisory Committee recommended allocating
$79,280 towards Lee's Summit Road-40 Highway Intersection, City Project No.
89008193; and
WHEREAS, on
December 10, 2008, the District F Advisory Committee recommended allocating
$25,000.00 towards Stadium Drive-Manchester to I-435, City Project No.
89008192; and
WHEREAS, on
December 10, 2008, the District G Advisory Committee recommended allocating
$62,152.00 towards Bannister Road at Blue Ridge Boulevard, City Project No.
89004283; and
WHEREAS, on
December 10, 2008, the District G Advisory Committee recommended allocating
their prorated share of half the cost of Phase 2 of the Major Street Plan
Update, City Project No. 89008154, which is $90,175.00; and
WHEREAS, on
December 10, 2008, the District H Advisory Committee recommended allocating
their prorated share of half the cost of Phase 2 of the Major Street Plan
Update, City Project No. 89008154, which is $14,465.00; and
WHEREAS, on
December 10, 2008, the District H Advisory Committee recommended allocating
$195,000.00 towards 47th Street from Pennsylvania to Broadway, City Project No.
89004223; and
WHEREAS, on
December 10, 2008, the District H Advisory Committee recommended allocating
$642,303.00 towards Troost and Volker Intersection, City Project No. 89008066;
and
WHEREAS, the
estimated cost for Phase 2 of the Major Street Plan Update, City Project No.
89008154, is $750,000.00; and
WHEREAS, the
recommendations for allocations by all Arterial Street Impact Fee District
Advisory Committees for Phase 2 of the Major Street Plan Update, City Project
No. 89008154, are contingent upon the City Council through PIAC or other
sources of revenue funding the remaining half of the estimated project cost,
$375,000.00; and
WHEREAS, as of
December 8, 2008 there is an unreserved balance of $0.00 in the Airport
Development Impact Fee Zone account; and
WHEREAS, current
statutory restrictions in the Arterial Street Impact Fund prohibit the
borrowing of funds from one zone to another even when there are idle funds in
other districts; and
WHEREAS, in
order to facilitate completion of the project in a timely manner, and as
allowed under the City Charter, the Airport Development Impact Fee Zone will
borrow at a 0% annual interest rate up to $78,214.00 from available cash
resources within the Airport Development Impact Fee Zone allocated to the
Intersection of Ambassador Drive and Tiffany Springs Road, Project No.
89004495; and
WHEREAS, all
future impact fee revenues collected by City from the Airport Development
Impact Fee Zone will be allocated towards the Intersection of Ambassador Drive
and Tiffany Springs Road, Project No. 89004495, until the $78,214.00 borrowed
has been fully repaid; and
WHEREAS, on
February 2, 2009, the District E Advisory Committee recommended allocating $160,000
for Northwood Road at Prairie View Road, City project 89008127; and
WHEREAS, on
February 2, 2009, the District E Advisory Committee recommended allocating
$75,000 for survey and legal descriptions of Waukomis Drive from Barry Road to
NW 68th Street, City project 89008087; and
WHEREAS, on February 2, 2009, the District E Advisory Committee recommended allocating $1,000,000
towards the NW 72nd Street Extension, City project 89008148; and
WHEREAS, on April 8, 2003, the voters of Platte County approved a county wide sales tax for 10 years
for the purpose of financing transportation related projects, including, but
not limited to, roads, bridges, drainage structures and sidewalks; and
WHEREAS, the
City wishes to assist in financing the construction of certain improvements by
contributing Impact Fee funds for the NW 72nd Street Extension, City
project 89008148, and by entering into a cooperative agreement regarding
financing of the improvements; and
WHEREAS, the
City Council passed Ordinance No. 081178 on December 18, 2008, which appropriated the sum of $1,075,000.00 for N. Eastern Ave. from the Arterial Street
Impact Fee District C Fund. The Ordinance also authorized a $375,000.00
cooperative agreement with Hunt Midwest Real Estate Development, Inc. for
design of street improvements which leaves $700,000.00 for construction
improvements on N. Eastern Ave; and
WHEREAS, the
previously allocated impact fee funds under Ordinance No. 081178 for N. Eastern Ave. are being matched by $4,452,217 of funds to be provided by the Tax Increment
Financing Commission of Kansas City; and
WHEREAS, the
City and the TIFC desire to enter into a cooperative agreement where the TIFC
is the agency responsible for the construction of N. Eastern Ave from N.E. 96th
Street to approximately 2,000 feet north of Highway 291; NOW THEREFORE,
BE IT ORDAINED
BY THE COUNCIL OF KANSAS CITY:
Section 1. That
the recommendations of the Arterial Street Impact Fee Committee for project
allocations in the Impact Fee Districts are hereby approved.
Section 2. That
the sum of $2,785,521.00 is hereby appropriated from the Unappropriated Fund
Balance of the Arterial Street Impact Fee Fund to the following accounts in the
Arterial Street Impact Fee Fund:
09-2430-897287-B N
Oak Devel Impact District $ 141,806.00
09-2430-897123-B Shoal
Crk Devel Impact District 30,606.00
09-2430-897124-B Birmingham Devel Impact District 20,815.00
09-2430-897299-B Line
Crk Devel Impact District 1,272,533.00
09-2430-897533-B East
Devel Impact District 315,666.00
09-2430-897626-B South
Devel Impact District 152,327.00
09-2430-897420-B Plaza
Devel Impact District 851,768.00
TOTAL $2,785,521.00
Section 3. That
the appropriation in the following account of the Arterial Street Impact Fee
Fund is reduced by the following amount:
09-2430-897241-B Tiffany
Springs Road and Ambassador
Signalization $
78,214.00
Section 4. That
$78,214.00 is appropriated from the Unappropriated Fund Balance of the Arterial
Street Impact Fee Fund to the following account in the Arterial Street Impact
Fee Fund:
09-2430-897241-B Major
Street Plan, Phase 2 $ 78,214.00
Section 5. That
the City Council states its intent to allocate all future impact fee revenues
generated in the Airport Development Impact Fee Zone to the Tiffany Springs
Road and Ambassador Signalization project until the project is fully funded
from the Airport Development Impact Fee Zone revenues.
Section 6. That
the Director of Public Works is hereby authorized to execute a public
infrastructure funding agreement with Platte County for the NW 72nd
Street Extension. The agreement is approved in substantial form as that on
file in the office of the Director of Public Works, subject to the receipt of
all required approvals, from funds in an amount not to exceed $500,000
appropriated in Account No. 09-2430-897299-B for the financial obligations
contained in the agreement.
Section 7. That
the Director of Public Works is hereby authorized to execute a public
infrastructure funding agreement with the Tax Increment Financing Commission
for the construction of street improvements to N. Eastern Ave. from N.E. 96th
street to approximately 2,000 feet north of Highway 291. The agreement is
approved in substantial form as that on file in the office of the Director of
Public Works, subject to the receipt of all required approvals, from funds in
an amount not to exceed $700,000.00, appropriated in Account No.
09-2430-897123-B for the financial obligations contained in the agreement.
Section 8. That
the Director of Public Works is designated requisitioning authority on Account
Nos. 09-2430-897241, 09-2430-897287, 09-2430-897123, 09-2430-897124,
09-2430-897299, 09-2430-897533, 09-2430-897626, and 09-2430-897420.
_____________________________________________
I hereby certify
that there is a balance, otherwise unencumbered, to the credit of the
appropriation to which the foregoing expenditure is to be charged, and a cash
balance, otherwise unencumbered, in the treasury, to the credit of the fund
from which payment is to be made, each sufficient to meet the obligation hereby
incurred.
________________________________
Jeffrey Yates
Director of Finance
Approved as to form and legality:
_________________________________
Brian T. Rabineau
Assistant City Attorney