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Last Published: 6/2/2015 11:42:58 AM
KANSAS CITY COUNCIL RECORD
 
Upon Roll Call the following members were present:
Presided:1 - ED FORD
Present:4 - JIM GLOVER, SCOTT TAYLOR, JOHN SHARP, MELBA CURLS
 

150376
COMMUNICATION - Notice to the City Clerk from the Ward Parkway Center Community Improvement District regarding the submission of the nomination of their successor directors.


RECEIVED AND FILED

Ayes: 5 - Ford, Glover, Taylor, Sharp, Curls
Nays: 0

150357
(Sub.)
Authorizing the City Manager to execute a Memorandum of Understanding with Burke Swerdling & Associates, LLC, for the purposes of advancing the development of a new downtown convention center headquarters hotel; authorizing the City Manager to execute such further agreements as may be necessary for the purposes of developing, financing, constructing and operating the convention hotel in the manner contemplated by the Memorandum of Understanding; and recognizing this ordinance as having an accelerated effective date.


PLANNING, ZONING & ECONOMIC DEVELOPMENT COMMITTEE recommends "ADVANCE AND DO PASS AS A COMMITTEE SUBSTITUTE, DEBATE"
Troy Schulte, City Manager, gave a brief history on the project in question. Mayor Sly James also testified on behalf of the Ordinance. Brian Rabineau, Law Department, gave the staff report on the Ordinance. Approval of the ordinance will authorize the City to execute an MOU and related agreements with respect to the development of a new downtown convention center headquarters hotel to be owned and operated by a major global hotel brand. The MOU would establish the framework for the various development/financing agreements to be executed within the next 4 to 13 month period. Those agreements would provide for the following: ¿ A cash contribution by City of $35,000,000. Funds to be derived from a bond issuance and the debt serviced by the City’s convention & tourism taxes. City’s obligation is contingent on BSA’s securing the balance of the financing needed to construct the project. Approval of a Tax Increment Financing (“TIF”) plan/project continuing for 23 years. City to redirect, subject to appropriation, its economic activity taxes (as defined by the TIF Act) for the duration. Jackson County and Kanas City Zoological District to redirect their portion of the economic activity taxes for the duration. ¿ Approval of a Super TIF continuing for 30 years. City to redirect, subject to appropriation, a defined portion of the incremental economic activity taxes not otherwise redirected under the TIF Act. Commitment of the C&T-hotel/motel sales tax revenues will require the consent of VisitKC. ¿ PIEA/LCRA to approve sales tax exemption on construction materials and 100% real/personal property tax exemption pursuant to a sale/leaseback structure under which it would own all real/personal property and lease the same to an entity for 30 years. Property to be conveyed to lessee at lease’s termination. Transfer of existing project land owned by City and assistance with acquisition of additional project parcels, as needed. Property to be held by PIEA/LCRA. ¿ Approval of a community improvement district that is anticipated to impose a 1% sales tax and special assessment. ¿ City to provide standard City services with respect to zoning, permits, inspections, and reviews. City’s fees for such services will be capped at $800,000. ¿ City will not, for a period 30 years, construct or provide financial assistance for the construction of any conference facility that would have a material adverse impact on this project. ¿ City will maintain the existing Convention Center to its current standards, will continue to designate it as the City’s principal convention center, and will not transfer ownership or management functions without the hotel owner’s consent. These obligations have no fixed duration; to be negotiated in final documents. City will not, for a period of 10 years after the hotel’s opening, provide subsidies for any competing hotel as defined by the MOU, unless such hotel would not have a material adverse impact as defined by the MOU. Certain existing buildings/projects are exempted from the exclusion. City will grant the hotel owner exclusive catering rights in the Grand Ballroom for a period of 15 years pursuant to a QMA so long as the hotel continues to be operated by a major global hotel brand approved by City. Catering rights may be competitively bid afterwards, provided that no one other than the hotel owner will be given exclusivity for not less than 50 years. Management fee payable to hotel owner will be fixed pursuant to an agreed-upon schedule. Management fees equal $62,363,816 over 15-year period (present value of $47.3M). City will retain 4% of the gross revenues for FF&E replacement, and 14% of the gross revenues (starting at $800,000 plus inflation) as its share. (City will have the right to retain a defined portion of the Super TIF revenues generated by the hotel project in any given year if gross catering revenues less expenses are insufficient to fully pay the management fee payable to hotel owner.) City will not be held responsible for funding any cost overruns or closing any financing gaps except to the extent intentionally caused by City without good cause. BSA exclusively responsible for securing private capital/debt needed to finance the project. City and BSA will perform pursuant to an agreed-upon timetable for approval of the public incentives and execution of any documents required in conjunction with the project. Both parties have certain rights to terminate the MOU if certain timeframes are not satisfied. In the event any portion of the project financing provided by the public sector or the agreements contemplated to be executed by them are not approved, or, in the event BSA is not selected as the developer by the TIF Commission and PIEA/LCRA, the City will be precluded from negotiating with any other developer of a competing project or providing financial assistance for 24 months. Depending on the nature of the failure, the City may additionally be obligated to pay BSA liquidated damages in the amount of $250,000 or condition the approval of any competing project on the requirement that any future developer reimburse, as a project expense, all administrative fees, consultant expenses, and legal fees paid by BSA to the TIF Commission and PIEA/LCRA.
Ayes: 5 - Ford, Glover, Taylor, Sharp, Curls
Nays: 0

150358
Approving an amendment to a previously approved development plan in District UR on approximately a 15.5 acre tract of land generally located between 28th Street on the north, Main Street on the east, a line about 200 feet north of 30th Street (extended) on the south and Wyandotte Street on the west. (13266-UR-1)


PLANNING, ZONING & ECONOMIC DEVELOPMENT COMMITTEE recommends "DO PASS"
John Eckardt, City Planning and Development, gave the staff report on the Ordinance. The Federal Reserve Bank (“Bank”) has filed its application for an Amendment to the existing U/R Site Plan that would permit, upon approval, the expansion of the Bank’s employee parking with the addition of 450 parking spaces to be located between Wyandotte on the west and connected to the existing employee garage on the east. Please see attached photograph showing the existing northeast view of the Kansas City office before and after the garage addition. The new garage does not interfere with any site lines now existing and, in fact, is an improvement to the view from the nearby Park Reserve Condominiums. The Bank’s existing employee parking is oversold beyond capacity due to the fact the Bank’s responsibilities have grown in the last several years. This growth is expected to continue, thus requiring the need for increased staffing and additional parking. For example, earlier this year the Bank announced the need to increase its hiring of technology professionals over the next three years to assist the Federal Reserve in meeting the goals of its three mission areas: conducting monetary policy, providing financial services to depository institutions and the U.S. Treasury, and supervising financial institutions.
Ayes: 5 - Ford, Glover, Taylor, Sharp, Curls
Nays: 0

150360
(Sub.)
Approving the Frontage at Executive Park Area General Development Plan on approximately 60 acres generally located on either side of N. Corrington Avenue, north of E. Front Street, and declaring the area an Undeveloped Industrial Area in need of development pursuant to The Planned Industrial Expansion Law. (718-S)


PLANNING, ZONING & ECONOMIC DEVELOPMENT COMMITTEE recommends "HOLD ON AGENDA (5/27/2015)"

Ayes: 3 - Ford, Glover, Curls
Nays: 0

150374
Rezoning approximately 125 acres within two areas located within the downtown loop (bounded by Interstate 35/70 on the north, Interstate 70 on the east; Interstate 670 on the south, and Interstate 35 on the west) and located (1) generally west of Wyandotte Street, Central Street, and Broadway Boulevard and (2) generally east of Grand Boulevard and Locust Street from Districts R-0.5, R-1.5, B4-5, and M1-5 to District DC as recommended by the Greater Downtown Area Plan. (Case No. 14547-P)


PLANNING, ZONING & ECONOMIC DEVELOPMENT COMMITTEE recommends "ADVANCE AND DO PASS, DEBATE"
Patty Noll, City Planning and Development, gave the staff report on the Ordinance. She was accompanied by John Fairfield, Fairfield Law Office. It was noted that this is a companion to Ordinances 150375 and 150378. The Greater Downtown Area Plan (GDAP) was approved by City Council Resolution CS100050 on March 11 of 2010. The City Planning Department and stakeholders within the Downtown Loop have worked toward implementation of the plan, particularly rezoning and creation of certain development standards, over the past year. Review and discussion has resulted in proposed changes of zoning to Districts DC and DR, which were enacted with the new Zoning & Development Code to mirror recommendations of the GDAP. With creation of those districts, use tables were formulated. Certain revisions are proposed to the use tables. And finally, new development standards are to be created for the Downtown Loop area.
Ayes: 5 - Ford, Glover, Taylor, Sharp, Curls
Nays: 0

150375
Rezoning approximately 1.15 acres located on the south side of W. 9th Street between Pennsylvania Avenue and Washington Street from Districts R-0.5 and M1-5 to District DR and approximately 0.8 acres located on the east side of Washington Street, between 11th Street and 12th Street, from District B4-5 to District DR as recommended by the Greater Downtown Area Plan (approved by Committee Substitute for Resolution No. 100049 on March 11, 2010). (145550-P)


PLANNING, ZONING & ECONOMIC DEVELOPMENT COMMITTEE recommends "ADVANCE AND DO PASS, DEBATE"
Patty Noll, City Planning and Development, gave the staff report on the Ordinance. She was accompanied by John Fairfield, Fairfield Law Office. It was noted that this is a companion to Ordinances 150374 and 150378. The Greater Downtown Area Plan (GDAP) was approved by City Council Resolution CS100050 on March 11 of 2010. The City Planning Department and stakeholders within the Downtown Loop have worked toward implementation of the plan, particularly rezoning and creation of certain development standards, over the past year. Review and discussion has resulted in proposed changes of zoning to Districts DC and DR, which were enacted with the new Zoning & Development Code to mirror recommendations of the GDAP. With creation of those districts, use tables were formulated. Certain revisions are proposed to the use tables. And finally, new development standards are to be created for the Downtown Loop area.
Ayes: 5 - Ford, Glover, Taylor, Sharp, Curls
Nays: 0

150377
Approving an Industrial Development Plan for Cerner Corporation for the purpose of the expansion, renovation, improvement and equipping of an office industry consisting of a data center located at 3512 N.E. 33rd Terrace; authorizing and approving various agreements for the purpose of setting forth covenants, agreements and obligations of the City and Cerner Corporation; authorizing the issuance of taxable industrial revenue bonds in a maximum aggregate principal amount not to exceed $100,000,000.00; authorizing and approving certain other documents; and authorizing certain other actions in connection with the issuance of said bonds.


PLANNING, ZONING & ECONOMIC DEVELOPMENT COMMITTEE recommends "ADVANCE AND DO PASS, DEBATE"
Kerrie Tyndall, City Manager's Office, gave the staff report on the Ordinance. The total anticipated cost of this phase of expansion is $116 million. Cerner has requested up to $100 million from multiple bond issuances over a six year term under Chapter 100 to fund the acquisition and installation of personal property (machinery/equipment/furniture/ fixtures) for use within the facility. The personal property purchased with the bond proceeds will be owned by the City and leased back to Cerner under a lease agreement. The bonds will be repaid solely by Cerner under the terms of the lease agreement
Ayes: 5 - Ford, Glover, Taylor, Sharp, Curls
Nays: 0

150378
(Sub.)
Amending Chapter 88, Code of Ordinances, by amending Sections 88-130-04, Allowed Uses, Table 130-1, and 88-425, Landscaping and Screening, and enacting new sections of like number and subject matter and adding a new Section 88-338, Downtown Development, as recommended by the Greater Downtown Area Plan (254-S-303)


PLANNING, ZONING & ECONOMIC DEVELOPMENT COMMITTEE recommends "ADVANCE AND DO PASS AS A COMMITTEE SUBSTITUTE, DEBATE"
Patty Noll, City Planning and Development, gave the staff report on the Ordinance. She was accompanied by John Fairfield, Fairfield Law Office. It was noted that this is a companion to Ordinances 150374 and 150375. The Greater Downtown Area Plan (GDAP) was approved by City Council Resolution CS100050 on March 11 of 2010. The City Planning Department and stakeholders within the Downtown Loop have worked toward implementation of the plan, particularly rezoning and creation of certain development standards, over the past year. Review and discussion has resulted in proposed changes of zoning to Districts DC and DR, which were enacted with the new Zoning & Development Code to mirror recommendations of the GDAP. With creation of those districts, use tables were formulated. Certain revisions are proposed to the use tables. And finally, new development standards are to be created for the Downtown Loop area.
Ayes: 5 - Ford, Glover, Taylor, Sharp, Curls
Nays: 0

140557
(Sub.)
Accepting and approving the recommendation of the Tax Increment Financing Commission of Kansas City, Missouri, as to the termination of the Amended and Restated Three Trails District Tax Increment Financing Plan and the designation of Redevelopment Project 3; estimating and appropriating revenues in the amount of $5,000.00; authorizing the Director of Finance to execute certain documents; and directing the City Clerk to transmit copies of this ordinance.


PLANNING, ZONING & ECONOMIC DEVELOPMENT COMMITTEE recommends "ADVANCE AND DO PASS, DEBATE"
Heather Brown, Tax Increment Financing Commission (TIF), gave the staff report on the Ordinance. In light of the City’s recent passage of an ordinance approving the Bannister I-435 TIF Plan for an area that encompasses most of the area contemplated by the Amended and Restated Three Trails TIF Plan, as amended, Trails Properties II, Inc., has indicated its desire to terminate the Amended and Restated Three Trails TIF Plan and the designation of each of the Redevelopment Project Areas described by the Amended and Restated Three Trails TIF Plan.
Ayes: 5 - Ford, Glover, Taylor, Sharp, Curls
Nays: 0

140709
(Sub.)
Approving the plat of Hospital Hill North, Block 2, 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. (SD1488)


PLANNING, ZONING & ECONOMIC DEVELOPMENT COMMITTEE recommends "ADVANCE AND DO PASS AS A COMMITTEE SUBSTITUTE, CONSENT"
Dion Waldon, City Planning and Development, gave the staff report on the Ordinance. This final plat application was initiated by Truman Medical Center, Inc., in order to subdivide the property in accordance with the city codes and state statutes. (The developer is proposing a 4-story medical office or medical retail building with 22,500 SF per floor with a total of 90,000 SF and a parking structure with up to 300 parking spaces.)
Ayes: 4 - Ford, Glover, Sharp, Curls
Nays: 0

150151
Accepting the recommendations of the Tax Increment Financing Commission of Kansas City as to the Third Amendment to the Downtown Library Tax Increment Financing Plan and approving the Third Amendment to the Downtown Library Tax Increment Financing Plan.


PLANNING, ZONING & ECONOMIC DEVELOPMENT COMMITTEE recommends "HOLD ON AGENDA (6/3/2015)"

Ayes: 3 - Ford, Glover, Curls
Nays: 0

150233
(Sub.)
Amending Chapter 88, Code of Ordinances by repealing Table 120-1 of Section 88-120-03 and 88-805-05-B.1, and enacting in lieu thereof new sections of like number and subject matter, and enacting a new Section 88-318, to allow certain artisanal food and beverage production uses in certain commercial districts.


PLANNING, ZONING & ECONOMIC DEVELOPMENT COMMITTEE recommends "HOLD ON AGENDA (5/27/2015)"

Ayes: 3 - Ford, Glover, Curls
Nays: 0

150294
Determining that the Downtown Library Tax Increment Financing Plan is making satisfactory progress under the time schedule proposed within the plan for completion.


PLANNING, ZONING & ECONOMIC DEVELOPMENT COMMITTEE recommends "HOLD ON AGENDA (6/3/2015)"

Ayes: 3 - Ford, Glover, Curls
Nays: 0

150331
Approving the Second and Delaware Chapter 353 Development Plan on a tract of land generally bounded by W. and E. Sixth Street on the north, Main Street on the east, W. Second Street on the south, and the Market Station apartment complex on the west, all in Kansas City, Jackson County, Missouri; declaring the area included in such plan to be a blighted area; authorizing certain tax abatements and providing for the payment of certain payments in lieu of tax; estimating and appropriating revenues in the amount of $2,900,000.00 for the purposes of funding certain public infrastructure improvements; designating requisitioning authority; and authorizing the execution of certain agreements in connection with the foregoing.


PLANNING, ZONING & ECONOMIC DEVELOPMENT COMMITTEE recommends "HOLD ON AGENDA (6/10/2015)"

Ayes: 3 - Ford, Glover, Curls
Nays: 0

150342
Approving the Block 140 Chapter 353 Development Plan on the southern half of a tract of land generally bound by E. Fourteenth Street on the north, Grand Boulevard on the east, Truman Road on the south, and Walnut Street on the west, all in Kansas City, Jackson County, Missouri; reaffirming and declaring the area included in such plan to be a blighted area; authorizing certain tax abatements and providing for the payment of certain payments in lieu of tax; authorizing the execution of certain agreements in connection with the foregoing; and directing the City Clerk to transmit copies of this ordinance.


PLANNING, ZONING & ECONOMIC DEVELOPMENT COMMITTEE recommends "HOLD ON AGENDA (5/27/2015)"

Ayes: 4 - Ford, Glover, Taylor, Curls
Nays: 0
 
 1. There may be a discussion regarding the future of Kemper Arena.
 
 Chairman Ford informed the public that the Kemper Arena Request for Proposals (RFP) is live. He encouraged all developers to make their proposal for the site as the City is excited to contemplate the possibilites for Kemper Arena. He announced that on June 17, 2015 there would be a site inspection.
 
 2. There may be discussion of Council Priorities relating to economic development.
 
 3. There may be general discussion regarding current Planning, Zoning and Economic Development issues.
 
 4. Pursuant to the following subsections of Section 610.021 of the Revised Statutes of Missouri, there may be a closed session to discuss: (1) legal matters, litigation, or privileged communications with attorneys, pursuant to subsection 1; (2) real estate, pursuant to subsection 2; (3) personnel, pursuant to subsection 3 and 13; and/or (4) sealed bids or proposals, pursuant to subsection 12
 
 The City Clerk`s Office now has equipment for the hearing impaired for use with every meeting. To check out the equipment please see the secretary for each committee. Be prepared to leave your Driver`s License or State issued Identification Card with the secretary and she will give you the equipment. Upon returning the equipment your license will be returned.