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Legislation #: 090071 Introduction Date: 1/29/2009
Type: Ordinance Effective Date: none
Sponsor: COUNCILMEMBER HERMANN
Title: 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.

Legislation History
DateMinutesDescription
1/29/2009 Filed by the Clerk's office
1/29/2009 Referred to Transportation and Infrastructure Committee
2/5/2009 Advance and Do Pass as a Committee Substitute, Debate
2/5/2009 Passed as Substituted

View Attachments
FileTypeSizeDescription
090071.pdf Agreement 689K cooperative agreement
090071.pdf Authenticated 287K Authenticated
revised fact sheet.xls Advertise Notice 109K revised fact sheet
revised fiscal note.xls Advertise Notice 42K revised fiscal note
revised approp admin.xls Advertise Notice 175K revised approp & admin
approp admin.xls Advertise Notice 174K approp & admin
fiscal note.xls Advertise Notice 36K fiscal note
fact sheet.XLS Advertise Notice 88K fact sheet

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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