CITY OF BELTON CITY COUNCIL WORK SESSION TUESDAY, JANUARY 19, :00p.m. CITY HALL ANNEX 520 MAIN STREET AGENDA

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1 CITY OF BELTON CITY COUNCIL WORK SESSION TUESDAY, JANUARY 19, :00p.m. CITY HALL ANNEX 520 MAIN STREET AGENDA I. CALL WORK SESSION TO ORDER II. ITEMS FOR REVIEW AND DISCUSSION A. REVIEW OF PETITION AND ORDINANCE FOR ESTABLISHMENT OF THE TXRH COMMUNITY IMPROVEMENT DISTRICT. Page 5 B. REVIEW OF PROPOSED REVISIONS TO THE PROCEDURES FOR SALE/LEASE OF REAL PROPERTY OWNED BY THE CITY. Page 13 C. PRESENTATION OF THE MARC/ OPERATION GREEN LIGHT COG L~ TRAFFIC STUDY OF THE SIGNALIZED INTERSECTIONS ALONG THE 163R STREET CORRIDOR AND MARKEY PARKWAY. Ray Webb with OGL will present the study findings. Page 19 D. REVIEW OF DECEMBER 2015 FINANCIAL REPORT. E. OTHER BUSINESS III. ADJOURN

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3 CITY OF BELTON, MISSOURI CITY COUNCIL MEETING Date: Tuesday, January 26, 2016 Place: City Hall Annex, 520 Main Street, Belton, Mo STAFF REPORT REGARDING TXRH CID PETITION AND PUBLIC HEARING 1. Public Notice In accordance with the Community Improvement District Act, R.S.Mo. Sections et seq. ("CID Act"), Staff prepared, delivered and published all required notices of this public hearing to consider approval of the Petition For Establishment of the TXRH Community Improvement District ("Petition"), and creation of the TXRH CID ("CID District"). On December 29, 2015, notices were mailed via certified United States mail with a return receipt attached to the address of record of each owner of record of real property within the boundaries of the CID District. Notice was published in The Cass County Democrat Missourian Newspaper on January 15, 2016 and January 22, Introduction A new Texas Roadhouse restaurant is being constructed along Peculiar Drive, just north of Cunningham Industrial Parkway. The petitioners are requesting the formation of acid in order to offset some of the development costs by the imposition of a sales tax (not to exceed 1 cent) for sales occurring at the Texas Roadhouse. The CID Act provides for property owners within a specified area to form either a not-for-profit corporation or a political subdivision in order to impose a tax or special assessment to fund: (i) public improvements; (ii) certain activities; and (iii) in the case of blighted areas, costs associated with the remediation of blight. The Petition proposes that the CID District be a political subdivision. On December 28, 2015, petitioners representing the owners of more than 50% of the assessed value of real property within the proposed CID District and more than 50% per capita of all owners of real property within the proposed CID District submitted the Petition to the City Clerk. Belton MO TXR Incorporated ("Developer"), has purchased the real estate located within the proposed CID District, and coordinated submittal of the Petition. The City Clerk has determined, following consultation with the City Attorney, that the Petition substantially complies with the requirements of the CID Act. The formation of the CID District is to assist in the financing of CID qualifying costs. The Petition contemplates the imposition of a 1 cent sales tax. Included in the Council's packet are: (i) the Petition; and, (ii) an ordinance approving the Petition and creating the CID District. {10480 /68176; } 1

4 3. CID Area Approximately 2.28acres of property generally located on the west side of Peculiar Drive, north of Cunningham Industrial Parkway. A map ofthe proposed CID Area is attached as Exhibit B to the Petition. 4. General Description of the CID District Projects The projects to be funded with CID Sales Tax (the "CID Projects") will be used to finance the first year's development expenses over a period of years needed to pay the District expenses in full. All costs associated with the issuance of obligations to finance Eligible Services, including capitalized interest and a debt service reserve fund related to issuance of bonds, are deemed District expenses. (The CID Budget is attached as part of Exhibit C to the Petition.) 5. Redevelopment Schedule The Texas Roadhouse is currently under construction and will open in The expenses to be reimbursed through the CID Sales Tax are being incurred with the construction. 6. Finding of Public Purpose The Petition requests that the City Council make findings that the CID Area will serve a public purpose. a. Public Purpose. Staff believes that funding of the CID District Projects will serve a public purpose by promoting the economic welfare and the development of the City of Belton and the State of Missouri through: (i) the creation of temporary and permanent jobs; (ii) stimulating additional development in the area near the CID Area; and, (iii) increasing local and state tax revenues; and, (iv) improving commercial property values. Accordingly, Staff believes the Council may make this finding of public purpose. 7. Petition The City Clerk in consultation with the City Attorney has determined that the Petition substantially complies with the CID Act's Petition requirements. The following are some of the more relevant terms of the Petition: a. Board of Directors. The CID District will be a political subdivision governed by a board of directors with five (5) members. The initial board members are (i) Tim Wahl, (ii) Brock Walpert, (iii) Karen Olgren, (iv) John Sheehy, and (v) Phillip D. Lawson. b. Duration of the CID District. The proposed length of time for the existence of the District is twenty (20) years. Any extension would need to be granted by the City Council. {10480 I 68176; } 2

5 c. CID Special Assessment. The CID District may impose a sales tax, not to exceed one percent (1.00%) upon all eligible retail sales within the District (at the Texas Roadhouse restaurant). d. Obligations. The CID District intends to issue bonds or other obligations. ACTIONS RECOMMENDED: A. FOLLOWING PUBLIC HEARING, APPROVE A PETITION ESTABLISHING THE TXRH COMMUNITY IMPROVEMENT DISTRICT, GENERALLY LOCATED ON THE WEST SIDE OF PECULIAR DRIVE, NORTH OF CUNNINGHAM INDUSTRIAL PARKWAY, IN BELTON, CASS COUNTY, MISSOURI; DETERMINING THAT THE DISTRICT OBJECTIVES SERVE A PUBLIC PURPOSE; AND DIRECTING THE CITY CLERK TO REPORT THE CREATION OF THE DISTRICT TO THE MISSOURI DEPARTMENT OF ECONOMIC DEVELOPMENT. Enclosures: Petition For Establishment of the TXRH Community Improvement District Ordinance No {10480 I 68176; } 3

6 BILL NO ORDINANCE NO AN ORDINANCE APPROVING THE PETITION TO ESTABLISH THE TXRH COMMUNITY IMPROVEMENT DISTRICT; ESTABLISHING THE TXRH COMMUNITY IMPROVEMENT DISTRICT, GENERALLY LOCATED ON THE WEST SIDE OF PECULIAR DRIVE, NORTH OF CUNNINGHAM INDUSTRIAL PARKWAY AND COMMONLY KNOWN AS THE TEXAS ROADHOUSE RESTAURANT PROPERTY, ALL IN THE CITY OF BELTON, MISSOURI; DETERMINING THAT THE DISTRICT OBJECTIVES SERVE A PUBLIC PURPOSE; AND DIRECTING THE CITY CLERK TO REPORT THE CREATION OF THE DISTRICT TO THE MISSOURI DEPARTMENT OF ECONOMIC DEVELOPMENT. WHEREAS, on December 28, 2015, a Petition for establishment of the TXRH Community Improvement District (the "Petition") was filed by more than 50% per capita of the owners of the District Land and District Land owners collectively owning more than fifty percent (50%) by assessed value ofthe District Land; and WHEREAS, pursuant to RSMo , the City Clerk timely reviewed the Petition and, upon consultation with the City's attorney, determined that the Petition substantially complies with the requirements ofrsmo ; and WHEREAS, pursuant to and in accordance with RSMo , notice of a January 26, 2016 public hearing to consider creation of the District was given as follows: First and second publication notice of the public hearing was given by publication in a newspaper of general circulation within the City once a week for two consecutive weeks prior to the week of the public hearing, on January 15, 2016 and January 22, 2016; Mailed notice on December 29, 2015 of the public hearing giving not less than fifteen days' notice prior to the public hearing, by sending the notice to the address of record of each owner of record of real property within the boundaries of the proposed District via certified United States mail with a return receipt attached; WHEREAS, pursuant to and in accordance with RSMo , the City gave notice that the City Council would vote upon creation of the District conforming with all the requirements of RSMo at least four days before the public hearing and vote, exclusive of weekends and holidays when City Hall is closed; WHEREAS, on January 26, 2016, after due notice, the City Council so constituted held a public hearing at which parties in interest, interested persons and citizens were afforded an opportunity to be heard; WHEREAS, after closing said hearing on January 26, 2016, and after due deliberation, the City Council finds that establishing the District and approving the Petition would encourage and stimulate growth and development in the District Area, serve a public purpose and further the objectives ofthe Act.

7 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF BELTON, MISSOURI, as follows: Section 1. That the Petition to establish the District as a separate political subdivision in accordance with the Act, a copy of which is attached to this Ordinance as Attachment A, is hereby approved in its entirety. Section 2. That the District is hereby established for the purposes set forth in the Petition, that the District shall have all the powers and authority authorized by the Petition, the Act, and by law, and shall continue to exist and function for the term described in the Petition following the effective date of this Ordinance. Section 3. That the District shall annually submit its proposed budget, report and copies of written resolutions passed by the District's board to the City pursuant to RSMo Section 4. That upon the effective date of this Ordinance, the City Clerk is hereby directed to report the creation of the District to the Missouri Department of Economic Development pursuant to RSMo , by sending a copy of this Ordinance to said Department. Section 5. All terms used in this Ordinance not otherwise defined herein shall be construed as defined in the Act. Section 6. That if any section, subsection, sentence, clause, phrase or portion of this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portions thereof. Section 7. are hereby repealed. That all ordinances or parts of ordinances in conflict with this Ordinance Section 8. That this Ordinance shall be in full force and effect from and after the date of its passage and approval. PUBLIC HEARING AND COUNCIL DISCUSSION: January 26, 2016 READ FOR THE FIRST TIME: January 26, 2016 READ FOR THE SECOND TIME AND PASSED: Approved this day of, Mayor Jeff Davis

8 Mayor Jeff Davis Approved as to form and legality City Attorney ATTEST: Patricia A. Ledford, City Clerk of the City of Belton, Missouri STATE OF MISSOURI) CITY OF BEL TON ) SS. COUNTY OF CASS ) I, Patricia A. Ledford, City Clerk, do hereby certify that I have been duly appointed City Clerk of the City of Belton and that the foregoing ordinance was regularly introduced for first reading at a meeting of the City Council held on the day of, 2016, and thereafter adopted as Ordinance No. of the City of Belton, Missouri, as a regular meeting of the City Council held on the day of, 2016, after the second reading thereof by the following vote, to-wit: AYES: NOES: ABSENT: COUNCILMEN: COUNCILMEN: COUNCILMEN: Patricia A. Ledford, City Clerk of the City of Belton, Missouri

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10 TO: FROM: SUBJECT: City Council Ron Trivitt Jay Leipzig Megan McGuire Code Revisions for Sales/Leasing of City Real Property DATE: January 15, 2016 The current Belton City Codes addressing sale, leasing or disposing of surplus real property have proven cumbersome and at times irrelevant due to the fact that the City does not really hold "surplus" property. A review of several surrounding communities and their codes confirm that Belton's codes are more burdensome and inflexible particularly when trying to market tracts for industrial development. The attached revised code was modeled from Columbia, Missouri and is more flexible and straight forward while maintaining safeguards to meet public property transfer requirements.

11 PROPOSED REVISION Sec Disposition of real property owned by the city. (a) Applicability. Except as otherwise provided in this section, real property owned by the city may be sold, traded or leased only when authorized by ordinance and only after competitive bids have been obtained. The real property may be sold, traded or lease only to the person submitting the highest and best bid. The provisions of this section do not apply to disposal of the City of Belton's real property pursuant to sections to of the City of Belton's Unified Development Code - vacating public ways. (b) Definitions. Appraisal means a determination of the value of the subject parcel, as determined by a sufficient and acceptable appraisal performed either by city staff or by a qualified licensed appraiser using a commercially reasonable method of appraisal. Fair market value means the most probable price expressed in terms of money that a property would bring if offered for sale in the open market at an arm's length transaction between a willing seller and a willing buyer. Subject parcel means city-owned real property under consideration for sale or transfer. (c) Selling or Leasing City Property Without Soliciting Competitive Bids. City property may be sold, traded or leased without competitive bids in the following circumstances: 1) To any person to whom the property has a unique or enhanced value because of its accessibility, configuration, location, size or use; 2) To any adjacent property owner at fair market value as determined by an appraisal; 3) When use of the property is limited to public purposes specified by the council; 4) When the sale, trade or lease is part of a settlement in a condemnation proceeding; or 5) When the council determines that it is in the public interest to sell, trade or lease the property to a particular person (at a fair market value as determined by an appraisal- optional language). (d) Leasing Farm Land Owned by the City. Farm land owned by the city may be leased by the City Manager without soliciting competitive bids and without further council authorization under the following circumstances: (1) The person seeking to lease the property conducts a farming operation adjacent to the property sought to be lease from the city; (2) The person seeking to lease the property has previously lease the property and has demonstrated good farming practices; or (3) The property was acquired by the city from the person seeking to lease the property. Page 1

12 (e) Bidding Procedures for Sale, Trade or Lease of City Property. (1) Bid notice. A bid notice (the "bid notice") shall be published in a newspaper of general circulation in the City of Belton once a week for two consecutive weeks and contain, at a minimum, the following information: 1) the location of the subject parcel by using both a legal description of the real property and a description that can be easily understood by the public; 2) the place the bid proposal must be submitted to the city manager; 3) the deadline for submittal of any and all bid proposals; 4) a statement that the city reserves the right to accept or reject any and all bid proposals; and 5) any other information deemed appropriate by the city manager. The city manager may issue the bid notice at any time so long as the bid proposals requested therein are provided to the city council prior to its consideration of an ordinance to approve the sale or transfer of surplus property. (2) Bid proposal. Any person or entity may submit a timely, written proposal to acquire the subject parcel ("bid proposal") after the City of Belton issues a bid notice. Every bid proposal must: 1) specifically identify the subject parcel as described in the bid notice; 2) include a statement that it is the bona fide intention of the bidder to purchase the subject parcel; 3) include a dollar amount that the bidder proposes to pay for the subject parcel; and 4) if the bidder wishes to bid something other than money as valuable consideration for the subject parcel, the bid shall specify the consideration that is being bid. The bid proposal must be submitted to the city manager at the time and place directed in the bid notice. (3) Bid acceptance. Bid proposals must contain all of the information requested in the bid notice, as well as the bid proposal requirements outlined in subsection (c)(4)b above, in order to be accepted by the city council. The city reserves the right to reject any and all bid proposals for any reason, and no bid proposal shall be deemed accepted until the city council passes an ordinance approving the final transfer or sale of the subject parcel pursuant to subsection ( d)(2) below. (4) Alternative process for the transfer or sale of a eal property. The City Council may approve an alternative competitive process to the bidding procedures set forth herein for the sale or transfer of real property upon a determination that an alternative competitive process will provide the greatest public benefit. (f) City Manager's Request for an Appraisal. The City Manager may request that an appraisal be prepared at any time prior to the City Council's consideration and/or approval of an ordinance approving the sale or transfer of real property owned by city. (g) City Council's Approval to Sell, Trade or Lease Real Property. (1) City manager or designee shall have purchase/sale agreement prepared, legal description confirmed and transfer documents prepared prior to presentation to City Council for review and approval. (2) Unless waived by the City Council or factored in to the purchase price, all costs incurred by the City related to the sale or disposition of surplus property shall be paid by the purchaser/transferee. The City Manager may require a deposit to cover such costs as a condition of the purchase/sales contract. Page 2

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14 CITY OF BEL TON CITY COUNCIL INFORMATION FORM AGENDA DATE: January 19, 2016 COUNCIL: D Regular Meeting DIVISION: Transportation [8J Work Session D Special Session I D Ordinance D Resolution l ] Consent Item l J Change Order D Motion I D Agreement D Discussion D FYI/Update lzj Presentation D Both Readings ISSUE/RECOMMENDATION: MARC I Operation Green Light (OGL) staff will present findings of a recent traffic study of the signalized intersections along the 163rd Street corridor and Markey Parkway. The objective of this project was to improve coordinated movements along these corridors while minimizing the delay on the side streets. Timings of the City of Belton signalized intersection will be adjusted in the future to meet the recommendations of the report. PROPOSED CITY COUNCIL MOTION: Not applicable I Information only BACKGROUND: Operation Green Light (OGL) was developed through MARC as a cooperative effort to improve the coordination of traffic signals along major routes throughout the metropolitan area. OGL helps synchronize traffic signals around the region, especially those that cross jurisdictional boundaries and helps reduce delays, improve traffic flow and cut emissions that contribute to ozone pollution. OGL also provides local agencies an effective tool to manage traffic signal operations into the future and respond to changes in vehicle traffic patterns. In June 2015, the City of Belton agreed to partner with OGL and include the 163rd Street corridor and Markey Parkway on the regional system. Since then OGL has assisted staff on several occasions with citizen concerns and also coordinated the traffic study being presented. The proposed coordination of the signals along 163 rd will improve movement along the corridor. Future changes in traffic may warrant additional timing changes that will be monitored by OGL and Belton staff. Funding for the program is paid annually through the Transportation budget. IMPACT/ANALYSIS: Not applicable STAFF RECOMMENDATION, ACTION, AND DATE: Staff recommends completing the proposed changes to the signals over the next month. LIST OF REFERENCE DOCUMENTS ATTACHED: OGL Presentation C:\U sers\acunningham\appdata\local\microsoft\ Windows\ Temporary Internet Files\Content.Outlook\9ZTG WYFU\ 1. OGL Traffic Study Council Information Form WS doc

15 1/13/2016 ~ ~.... Agenda MARC I OGL Region OGL Regional Operations System Features Performance Measures 163'd St. improvements Kansas City Region 2 States 9 Counties 120 Cities 2.1 m Pop. 16,000 Lane Miles 4,400 Sq Miles 1

16 1/13/2016 What OGL Does Mission: Operation Green Light monitors and manages the existing transportation system through safe and efficient traffic signal operations to reduce travel time, fuel consumption and air pollution. Elements include: Traffic Signal Timing I Coordination Regional Communication Network Signal Management Software Video Monitoring oftraffic FHWA (MO & KS) KANSAS KDOT Bonner Springs Fairway Lansing Leavenworth Leawood Lenexa Merriam Mission Mission Woods Prairie Village Olathe Overland Park Shawnee Unified GovernmenUKCK Westwood MISSOURI MoDOT Belton Gladstone Independence Kansas City Lee's Summit Liberty North Kansas City Raymore OGL Corridors I " r.... u 2

17 1/13/2016 Operation Green Light Traffic Signal Timing I Coordination Improving: - Traffic Flow & Air Quality - Incident Response 24 Partner Cities and Agencies - 2 La be added in OGL Intersections $1.1 M Program (2015/16) 4 Full Time Staff 1 Program Manager 3 Signal Analysts $1.2m Annual Cost Contract Network Support Contract- TransSuite Contract- Signal Timing Formal Agreements STP Funds for Local Share Outline of Responsibilities o o o Maintain Regional OGL network Monitor/Troubleshoot Signals - Detection problems etc. - TransSuite's split logger Signal Coordination Plans -Develop - Implement and tweak - Measure effectiveness - Maintain and adjust Incident Management, KCSCOUT 3

18 1/13/2016 Reduces delays up to 21% Reduce fuel consumption up to 18% Reduce harmful emissions up to 15% Traffic Signal System benefits up to 40:1*... ~~- -' ~ - --~~-~~... '~... ~.~~ --- -~ r:=-:-=.. c:--==---.. ~ ~ ~."'t:...:"'...r.":~~ ;:. -:. E:.=.r.: ::..:~~~~ ~ ~.... Signal Coordination Benefit Example M ,000ADT 14 Signals 5.5 Mile Corridor $702,000 Savings I Year Benefit I Cost Ratio 28:1 Comdc r f:hm<!lrt (o"t Johnson Dr. 23:1 North Oak 11:1 Ward Parkway 37:1 Shawnee Mission Parkway 60:1 Noland Road 18:1 75th Street y:1 Red Bridge 12:1 M-291 (Liberty area) 28:1 4

19 1/13/2016 Cornerstone Ramps (MoDOT) Markey Parkway lnlersection Givan St. Markey Parkway Towne Center Dr. For future consideration Commercial entrance at Turner Rd Menards Signal Hobby Lobby Signal 163'd St. Corridor Objectives Improve coordination Minimize side-street delay Review all times of day Identify potential corridor deficiencies Recommend improvements 5

20 1/13/2016 ~ ~''"'" ""' Improvement Process./ Completed - Data collection, July and August - Existing timing plans I schedules - Traffic Modeling (Synchro 9) Project meetings - Draft Plan ' Next step - Implementation - Field review I monitoring Existing Weekday Time of Day Schedule 163' St. lm rovements Summary All clearance intervals updated Markey Parkway!Town Center Dr., free Cornerstone (protected arrow vs ball) Overnight free (not coordinated) Weekend Schedule Implementation 6

21 1/13/2016 For More Information: Ray M. Webb, PE, PTOE rwebbfi?mlt< OfA wwwmii i LC!fJt@ O ~OOfta l i.on/o'lf Mid-America Regional Council 600 Broadway, Suite 200 Kansas City, MO (816) Questions? 7