Kansas City Business Session – March 31, 2022

The Kansas City Business Session convened on March 31, 2022 at 2:00 PM, with Mayor Pro Tem Kevin McManus presiding in the absence of Mayor Quinton Lucas. The council heard three major presentations: an update on the permanent Street Cafe, Sidewalk Cafe, and Parklet policy; an overview of the Green Infrastructure Performance Plan under the Smart Sewer Program; and the results of the City Auditor’s 2022 peer review. No public comments were recorded, and no ordinances or resolutions were introduced from the floor.

Discussion Items

1. Street Cafe, Sidewalk Cafe, and Parklet Policy Update

• Transportation Director Jason Waldron and Media Relations Manager Maggie Green presented a proposal to make temporary outdoor dining features permanent.
• The original fee recommendation was $4,000 annual for street cafes, $18 per square foot for sidewalk cafes (matching Parks and Recreation policy), and $250 for parklets, plus a $250 annual application fee for all types.
• An alternative flat fee of $850 per year (including the $250 application fee) was proposed to recover inspection and maintenance costs.
• Councilmember Eric Bunch suggested a lower base fee with the flexibility to recoup lost parking meter revenue where applicable.
• Director of Public Works Shaw noted that codifying fees would limit the ability to adjust for different locations and maintenance needs.
• Councilman Shields recommended leaving fee determination to the director, with the understanding that the council prefers fees closer to $850 to encourage participation.
• An outreach requirement was introduced: new permit applicants must send a notification letter to adjacent property owners and tenants, with a 30-day feedback period before permit approval. Existing permit holders (81 issued since May 2020, 47 sidewalk cafes and 34 street cafes/parklets) would be grandfathered from this requirement.
• The ordinance is expected to be introduced the following week, with an effective date of May 1, 2022.

2. Green Infrastructure Performance Plan (Smart Sewer Program)

• Deputy Director Matt Bond and Smart Sewer Division Head Brian Hess presented the updated plan under the Third Amendment Consent Decree (signed March 2021).
• Key changes: the program was extended from 25 to 30 years; the required combined sewer overflow capture rate was reduced from 88% to 85% by 2040, with a 77% milestone by 2035; and future spending was reduced from $4.7 billion to $2.3 billion. As of fiscal year 2021–2022, nearly $1 billion had been spent.
• The program now includes a target of 480 green acres by 2035. The first Green Infrastructure Project Plan, submitted to the EPA in December 2021, proposes 131 green acres to meet the initial milestone of 80 acres operational by 2026.
• Green infrastructure benefits include cost-effective reduction of combined sewer overflows. Examples include the Mill Creek Park project and the Central Industrial District project in the West Bottoms (awarded multiple national recognitions). The Green Steward workforce program received the U.S. Water Prize.
• Adaptive management allows the integration of green and gray solutions. The DMB Park project near 63rd Street will use green infrastructure to address an overflow that contributes two-thirds of wet weather overflows in the Town Fork Creek Basin, avoiding a more expensive storage tunnel.
• Sewer asset management uses business risk evaluation to prioritize rehabilitation. Among the top 10% highest-risk assets, 82% are located in EPA-designated environmental justice census tracts, compared to 50% of the service area overall.
• Councilmember Melissa Robinson questioned the department’s definition of equity and noted historical redlining patterns, pointing out that District 4 received $459 million in investments while District 3 received $161 million. Bond stated they use EPA EJSCAN data but acknowledged the need for clearer equity principles.
• Councilmember Bunch reminded members of the upcoming infrastructure bond election on April 5, 2022, emphasizing that the bond does not raise taxes and is essential to fund these projects.

3. 2022 Peer Review Audit Results

• City Auditor Doug Jones presented the results of the mandated peer review conducted by the Association of Local Government Auditors (ALGA) at the end of February 2022.
• The office received the highest possible rating. The review covered audits issued between September 1, 2018 and August 31, 2021.
• A management letter noted that due to staffing reductions, the office did not complete annual quality monitoring reviews for fiscal years 2020 and 2021. The letter suggested filling a vacant audit manager position to address this.
• Auditor Jones agreed with the observation and stated the office will redesign its annual monitoring process. The peer review report and management letter are publicly available on the city’s website. The next peer review is scheduled for fall 2024.

Key Outcomes

• Street Cafe Policy: Council reached consensus not to codify fees in the ordinance, leaving fee determination to the Public Works Director with guidance to favor a lower fee (~$850 annually). An outreach requirement for new permits was endorsed. The ordinance will be introduced next week with a May 1 effective date.
• Green Infrastructure Plan: No formal vote was taken; the presentation informed council for future contract approvals (e.g., the Smart Sewer program contract with Burns & McDonald coming in a few weeks). The council acknowledged the equity concerns raised and committed to ongoing dialogue.
• Peer Review: The office passed with highest rating; the auditor committed to updating the annual monitoring process. No council action required.