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Legislation #: 971294 Introduction Date: 9/4/1997
Type: Ordinance Effective Date: 8/16/1998
Sponsor: COUNCILMEMBER BACCHUS
Title: Approving the Brush Creek Plaza Tax Increment Financing Plan; naming a Redeveloper; designating a Redevelopment Area; making certain findings with regard to the Plan; authorizing the issuance of certain obligations and the pledge of certain funds for the Plan; call an election for November 3, 1998, to submit these matters for consideration by the voters; directing the City Clerk to notify the responsible election authorities of the election being called no later than August 25, 1998; and recognizing this ordinance to be an emergency measure.

Legislation History
DateMinutesDescription
9/4/1997

Referred Planning, Zoning & Economic Development Committee

9/4/1997

Referred Planning, Zoning & Economic Development Committee

9/10/1997

Hold Off Agenda

5/13/1998

Hold On Agenda

5/27/1998

Hold On Agenda

6/3/1998

Hold On Agenda

6/10/1998

Hold On Agenda

6/17/1998

Hold On Agenda

6/24/1998

Hold On Agenda

7/8/1998

Hold On Agenda

7/22/1998

Hold On Agenda

7/29/1998

Without Recommendation

7/30/1998

Assigned to Third Read Calendar

8/6/1998

Amended

8/6/1998

Passed as Substituted and Amended


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SECOND COMMITTEE SUBSTITUTE FOR ORDINANCE NO. 971294, AS AMENDED

 

Approving the Brush Creek Plaza Tax Increment Financing Plan; naming a Redeveloper; designating a Redevelopment Area; making certain findings with regard to the Plan; authorizing the issuance of certain obligations and the pledge of certain funds for the Plan; call an election for November 3, 1998, to submit these matters for consideration by the voters; directing the City Clerk to notify the responsible election authorities of the election being called no later than August 25, 1998; and recognizing this ordinance to be an emergency measure.

 

WHEREAS, the City Council by Ordinance No. 54556 passed on November 24, 1982, and thereafter amended in certain respects by Committee Substitute for Ordinance No. 911076, as amended, passed on August 29, 1991, created the Tax Increment Financing Commission of Kansas City, Missouri (the "Commission"); and

 

WHEREAS, said Commission has been duly constituted and its members appointed; and, after all proper notice was given, the Commission met in public hearing on January 8, 1997, and after receiving the comments of all interested persons and taxing districts with respect to the Brush Creek Plaza Tax Increment Financing Plan (the Redevelopment Plan) as proposed, continued the hearing from time to time, and closed said public hearing on June 11, 1997; and

 

WHEREAS, on June 11, 1997, the Commission adopted Resolution No. 6-2-97 which did not approve the Redevelopment Plan and which recommended that the Council take no further action regarding the Redevelopment Plan; and

 

WHEREAS, the Council has the final authority to approve the Redevelopment Plan and Redevelopment Project and to designate the Redevelopment Area; and

 

WHEREAS, the Redevelopment Plan is a comprehensive program intended to reduce or eliminate blight and enhance the tax base within the Redevelopment Area through the implementation of one Redevelopment Project and the adoption of tax increment financing for the area selected for such Redevelopment Project; and

 

WHEREAS, as required by Section 99.820.1(3) of the Act, a Request for Proposal to implement the Plan was issued and Roanoke, L.L.C., submitted the only Proposal in response thereto; NOW, THEREFORE,

 

BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:

 

Section 1. Approval of Plan. The Council hereby approves the Brush Creek Plaza Tax Increment Financing Plan in the form attached to this ordinance as Exhibit A, subject to the provisions of this ordinance and authorizes the Redevelopment Project contained therein. The Commission is authorized to enter into a Redevelopment Contract with the developer.

 

Section 2. Redeveloper named. Roanoke Manor, L.L.C. is hereby named as the Redeveloper.

 

Section 3. Definitions/Proposal. All terms used in this ordinance shall be construed as defined in Sections 99.800 to 99.865 of the Revised Statutes of Missouri, as amended (the "Act"). The Redevelopers Proposal is included in the Plan.

 


Section 4. Redevelopment area. The following described area is hereby designated a Redevelopment Area:

 

Lots 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27 and 28, Park Manor, Resurvey of Lots 1 to 5 and Lots 7 to 16, Block 4, a subdivision of land in Kansas City, Jackson County, Missouri, according to the recorded plat thereof, and Lot 6, Block 4, Park Manor, a subdivision of land in Kansas City, Jackson County, Missouri, according to the recorded plat thereof (2.671 acres).

 

Section 5. Findings of the Council. The Council hereby finds that:

 

(a) The Redevelopment Area as a whole is a conservation area, and has not been subject to growth and development through investment by private enterprise and would not reasonably be anticipated to be developed without the adoption of the Redevelopment Plan, as approved by this ordinance. The factors that qualify the Redevelopment Area pursuant to Section 99.810(1) are the age and life-span, plumbing and electrical obsolescence, physical deterioration, lack of parking, inferior design and layout, poor insulation or lack of insulation, standing water and the condition of the parking garage, presence of structures below current code standards, and lack of ventilation, light and sanitary facilities, all in reference to the structures within the Redevelopment Area;

 

(b) The Redevelopment Plan, as approved by this ordinance, conforms to the comprehensive plan for the development of the City as a whole;

 

(c) The estimated dates of completion of the respective Redevelopment Projects and retirement of obligations incurred to finance Redevelopment Project Costs, have been stated in the Redevelopment Plan, as approved by this ordinance, and are not more than 23 years from the adoption of any ordinance approving a Redevelopment Project within the Redevelopment Area;

 

(d) A plan has been developed for relocation assistance for businesses and residences;

 

(e) A cost benefit analysis showing the economic impact of the Redevelopment Plan, as approved by this ordinance, on each taxing district within the boundaries of the Redevelopment Area has been included in the Redevelopment Plan, as approved by this Ordinance;

 

(f) The Redevelopment Plan, as approved by this ordinance, does not include the initial development or redevelopment of any gaming establishment.

 

Section 6. Bonds authorized. The Commission is authorized to issue obligations in one or more series of bonds secured by the account of the Redevelopment Plan of the Special Allocation Fund to finance Redevelopment Project Costs within the Redevelopment Area and subject to any constitutional limitations, to acquire by purchase, donation, lease or eminent domain, own, convey, lease, mortgage, or dispose of, land or other property, real or personal, or rights or interests therein, and grant or acquire licenses, easements and options with respect thereto, all in the manner and at such price the Commission determines, to enter into such contracts and take all such further actions as are reasonably necessary to achieve the objectives of the Redevelopment Plan, as amended, pursuant to the power delegated to it in Ordinance No. 54556. Any obligations issued to finance Redevelopment Project Costs shall contain a recital that they are issued pursuant to Sections 99.800 to 99.865, which recital shall be conclusive evidence of their validity and of the regularity of their issuance.

 

Section 7. Pledge of funds approved. Pursuant to the provisions of the Redevelopment Plan, as approved by this ordinance, the City Council approves the pledge of all funds generated from Redevelopment Projects that are deposited into the account for the Redevelopment Plan of the Special Allocation Fund to the payment of Redevelopment Project Costs within the Redevelopment Area and authorizes the Commission to pledge such funds on its behalf.

 

Section 8. Effective date of sections 1 through 7. Sections 1 through 7 of this Second Committee Substitute for Ordinance No. 971294, As Amended, will become effective only if:

 

(1) the voters of the City approve enactment of these provisions on November 3, 1998;

 

(2) the voters approve enactment of Committee Substitute for Ordinance No. 970035, As Amended, establishing appropriate zoning for this project on November 3, 1998;

 

(3) the voters approve enactment of Second Committee Substitute for Ordinance No. 971295, As Amended, approving and designating Brush Creek Redevelopment Project I of the Brush Creek Plaza Tax Increment Financing Plan, and adopting tax increment financing therefor on November 3, 1998; and

 

(4) the City Clerk receives notice from the Commission that a Redevelopment Contract between the Commission and the Redeveloper has been executed which contains the following requirements:

 

(a) That the Redeveloper submit schematic design plans when the schematic designs are complete and design development drawings for the entire project at the completion of 50%, 75% and 100% design development phases to the Director of the Department of City Development for design review and approval. The plans shall include information on landscaping, streetscaping, lighting, architectural features, and signage. The Redeveloper shall submit to the Director of the Department of City Development a construction plan addressing phasing, hours of construction, and traffic patterns;

 

(b) That the Redeveloper create a neighborhood parking advisory committee and implement a neighborhood parking program, with provision of a minimum of 100 parking spaces for use by residents of the surrounding neighborhood;

 

(c) That the Redeveloper provide, with leases for office, retail, and residential space, parking spaces for those uses in conformance with the ULI parking model and that the Redeveloper require, within the leases, that lessees arrange for adequate spaces within the project for their clients and employees; and

 

(d) That the Redeveloper will not apply for demolition permits for the structures located at 4826-4828 Roanoke Parkway and 900-902 Ward Parkway until approval of a site plan for the Redevelopment Project by the Director of the Department of City Development in accordance with Section 80-175, Code of Ordinances of the City of Kansas City, Missouri.

 

Section 9. Election called. That a special election is called for November 3, 1998, to submit to the qualified voters of the City the question of whether the following should be approved; approving the Brush Creek Plaza Tax Increment Financing Plan; naming a Redeveloper; designating a Redevelopment Area; making certain findings with regard to the Plan; and authorizing the issuance of certain obligations and the pledge of certain funds for the Plan as set forth in sections 1 through 7 of this Second Committee Substitute for Ordinance No. 971294, As Amended.

 

Section 10. Ballot Title. That the ballot title for the proposition established by this ordinance shall be as follows:

 

QUESTION _____

 

Shall Second Committee Substitute for Ordinance No. 971294, As Amended, approving the Brush Creek Plaza Tax Increment Financing Plan; naming a Redeveloper; designating a Redevelopment Area; making certain findings with regard to the Plan; and authorizing the issuance of certain obligations which will not be an obligation or debt of the City and authorizing the pledge of certain funds generated by the project for the Plan be approved?

 

_____ Yes

_____ No

 

The voter who desires to vote in favor of this proposition shall place an x in the box opposite Yes. The voter who desires to vote against this proposition shall place an x in the box opposite No.

 

Section 11. Election Date. That an election is called for November 3, 1998, for the purpose of submitting to the voters of Kansas City the question of approving the Brush Creek Plaza Tax Increment Financing Plan; naming a Redeveloper; designating a Redevelopment Area; making certain findings with regard to the Plan; and authorizing the issuance of certain obligations and the pledge of certain funds for the Plan.

 

Section 12. Delivery of Ordinance by City Clerk to Election Authorities. That the Clerk shall deliver certified copies of this ordinance and notice of election to the Board of Election Commissioners of Kansas City, Missouri, to the Board of Election Commissioners of Clay County, to the Board of Election Commissioners of Platte County, and to the County Clerk of Cass County, which shall be the authority of the respective election authorities of the City to submit this question to the electors of Kansas City as herein provided and to give public notice thereof as provided by law on or before Tuesday, August 25, 1998.

 

Section 13. Election Notice. That the notice of election shall read as follows:

 

=============================================================

 

NOTICE OF ELECTION

CITY OF KANSAS CITY, MISSOURI

 

Notice is hereby given that the City of Kansas City has called an election to be held in said City on Tuesday, November 3, 1998, at which election all qualified voters residing within the City of Kansas City, Missouri, will be given the opportunity to vote.

 

The official ballot will be in substantially the following form:

 

______________________________________________________________

 

OFFICIAL BALLOT

CITY OF KANSAS CITY

ELECTION --- NOVEMBER 3, 1998

 

QUESTION _____

 

Shall Second Committee Substitute for Ordinance No. 971294, As Amended, approving the Brush Creek Plaza Tax Increment Financing Plan; naming a Redeveloper; designating a Redevelopment Area; making certain findings with regard to the Plan; and authorizing the issuance of certain obligations which will not be an obligation or debt of the City and authorizing the pledge of certain funds generated by the project for the Plan be approved?

 

_____ Yes

_____ No

 

[Instructions to voters will be supplied by the election authorities]

 

______________________________________________________________

 

A full and complete copy of Second Committee Substitute for Ordinance No. 971294, As Amended, submitting the above proposition to the electorate is on file in the office of the City Clerk of Kansas City, Missouri, where the same is open for inspection and copying.

 

The polling places for the election will be [insert list of polling places in last publication only].

 

===========================================================

 

I hereby certify that the foregoing is the legal notice to be published pursuant to Section 115.127, R.S.Mo., as amended.

 

Given under my hand and the official seal of the City of Kansas City, Missouri, this ______ day of August, 1998.

 

(SEAL)

______________________________________

CATHERINE T. ROCHA

City Clerk of the City of Kansas City, Missouri

 

Before me, a notary public, personally appeared Catherine T. Rocha, to me known to be the City Clerk of the City of Kansas City, Missouri, and the person who acknowledged to me that she executed the same for the purposes therein stated.

 

 

______________________________________

Notary Public

 

My commission expires:

 

Section 14. Emergency. That this ordinance provides for the submission of a proposal to the people of Kansas City, Missouri, and is hereby recognized to be an emergency measure within the meaning of Section 15, Article II, of the Charter of Kansas City, and as such shall become effective immediately upon its passage.

 

______________________________________________

 

Approved as to form and legality:

 

 

_______________________________

Assistant City Attorney