OPENPUBLICA · PUBLIC MEETING RECORD
Record of Proceedings

Kansas City Business Session - March 31, 2022

City Council Business SessionThursday, March 31, 2022
BodyKansas City, Missouri
SessionCity Council Business Session
DateThursday, March 31, 2022
StatusFILED
Video Record

STREAMING COPY IN PREPARATION — RECORDING AVAILABLE FROM THE ORIGINAL SOURCE

Transcript — Verbatim
0:00

We've got seven go ahead and get started.

0:04

Good afternoon, everybody.

0:05

I'm Kevin McMahon's Mayor Pro Tem, filling in for Mayor Quentin Lucas, who is uh not present with us today, but we are proceeding with business session here.

0:13

Uh it's 2 p.m.

0:15

March 31st, 2022, and we've got a full agenda.

0:18

And the first item is approval of minutes for business session of February 24th, 2022.

0:24

Is there a motion?

0:25

So moved.

0:26

Second.

0:26

Very good.

0:27

It's been moved and seconded to approve the minutes from last business session.

0:30

All those in favor, please respond by saying aye.

0:32

Aye.

0:33

Aye.

0:34

All those opposed.

0:35

Hearing none, those minutes are approved.

0:38

The next item is Street Cafe, Sidewalk Cafe, and Parklet policy.

0:45

See some very familiar faces.

0:47

We're glad you're back.

0:50

And please introduce yourselves and tell us what you know.

1:01

Good afternoon, Mayor Pro Temp, City Manager Platt, and members of the city council.

1:04

My name is Jason Waldron.

1:06

I'm the transportation director in public works.

1:08

With me today is Maggie Green in the communications office.

1:11

We're here to update you all on the sidewalk cafe, street cafe, parklet program.

1:16

Without further ado, we'll just dive right into this presentation.

1:20

I just a quick background on this.

1:22

This this program was established in 2019 and kind of established the framework of what we are going to be talking about today.

1:28

Of course, in the spring of 2020, with the outbreak of the pandemic, the the fees and the um a waiver for the fees were waived and there was a weight and there is allowed for alcohol service in those areas.

1:50

And in the conversations with the TIO committee, there was a few elements that uh they were asked to be refined.

1:56

And so in that ordinance in 2021 was uh direction to the city manager's office to have a presentation by March 31st, 2022, which happens to be today.

2:06

So we all need deadlines, so I think that with that being said, um the order uh before I get into the ordinance, uh, the pending ordinance, just a quick snapshot of what the program looks like right now.

2:19

Uh 81 permits have been issued since May of 2020.

2:22

Uh 47 of those have sidewalk cafes, and the rest the the remaining 34 are street cafes and parklets.

2:30

Uh really with the paying, like I mentioned before, the pending ordinance is really to make some of those temporary features permanent.

2:36

And there are a few elements that are kind of outstanding.

2:39

We have an ordinance ready to go with basically three blanks that we're gonna talk about today.

2:43

And any feedback uh would be very much appreciated, and and we'll get that in the system and it'll be introduced next week.

2:49

So the first uh element that we were hoping to present to you is the actual fee determination.

2:55

Uh what was recommended in December of 21 was uh the director, public works director, should have the authority to set those fees.

3:02

Of course, those fees would be posted online for the public.

3:05

Uh, this was actually a holdover from the original program.

3:09

Um again, that was originally recommended in December 2021.

3:12

One um one alternative for consideration would be to include the fee schedule actually in the ordinance and in it become part of code.

3:20

We'd have no problem with that.

3:21

The only caveat then, as we learn more lessons, and if we needed any more additional changes, it it of course would have to go through council.

3:30

Uh, the second element uh we're trying to consider what the right temperature is for the permanent policy are the actual fees.

3:37

Um I won't note that our original recommendation was based on uh research done by other communities trying to value our asset and then also capture internal costs.

3:47

Where we landed there was a street cafe for an annual fee of $4,000, a sidewalk cafe uh fee of eighteen dollars per square foot, which matches the pup parks and recreation policy, and then just a nominal fee of 250 dollars for parklet uh with an annual application for all three of those elements of 250 dollars.

4:07

Um, one other alternate to consider would be just to have an annual permit fee that tries to recover the um both the inspection costs and then a valued uh maintenance, a prorated maintenance cost over the life of that area.

4:23

Uh the we estimated that to be about six hundred dollars a year, and then of course, that the annual application fee of 250 dollars would still remain, uh bringing a total of $850 a year for each one of these three elements.

4:36

So when I keep referring to elements, street cafe, sidewalk cafe, and parklet.

4:41

And now we're to the outreach portion.

4:44

I know better than to the I to go ahead and hand it off to the expert.

4:47

Thanks, Jason.

4:48

Maggie Green, Media Relations Manager for the city.

4:50

Um so the final piece that was um still up in the air for discussion was about an outreach requirement.

4:56

Um initially, um, we did not have an outreach requirement included.

5:01

Um, when the temporary conditions for sidewalk and street cafes were passed back in 2020 during the middle of the pandemic, we wanted to make it as easy as possible for these businesses to add outdoor dining space, so we did not include a signature requirement or any sort of outreach requirement.

5:16

Um, but you know, when we had our most recent discussion um at TINO committee in December, um, you know, we were encouraged and agree that you know having some sort of outreach requirement built into the permanent process is something that will be beneficial.

Discussion Breakdown — Share of Meeting
Water And Wastewater Management████████████████████████████████32%
Public Works█████████████████████21%
Public Engagement████████████████████20%
Procurement███████████11%
Racial Equity█████████9%
Procedural█████5%
Environmental Protection██2%
Summary of Proceedings

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.

Meeting Transcript

We've got seven go ahead and get started. Good afternoon, everybody. I'm Kevin McMahon's Mayor Pro Tem, filling in for Mayor Quentin Lucas, who is uh not present with us today, but we are proceeding with business session here. Uh it's 2 p.m. March 31st, 2022, and we've got a full agenda. And the first item is approval of minutes for business session of February 24th, 2022. Is there a motion? So moved. Second. Very good. It's been moved and seconded to approve the minutes from last business session. All those in favor, please respond by saying aye. Aye. Aye. All those opposed. Hearing none, those minutes are approved. The next item is Street Cafe, Sidewalk Cafe, and Parklet policy. See some very familiar faces. We're glad you're back. And please introduce yourselves and tell us what you know. Good afternoon, Mayor Pro Temp, City Manager Platt, and members of the city council. My name is Jason Waldron. I'm the transportation director in public works. With me today is Maggie Green in the communications office. We're here to update you all on the sidewalk cafe, street cafe, parklet program. Without further ado, we'll just dive right into this presentation. I just a quick background on this. This this program was established in 2019 and kind of established the framework of what we are going to be talking about today. Of course, in the spring of 2020, with the outbreak of the pandemic, the the fees and the um a waiver for the fees were waived and there was a weight and there is allowed for alcohol service in those areas. And in the conversations with the TIO committee, there was a few elements that uh they were asked to be refined. And so in that ordinance in 2021 was uh direction to the city manager's office to have a presentation by March 31st, 2022, which happens to be today. So we all need deadlines, so I think that with that being said, um the order uh before I get into the ordinance, uh, the pending ordinance, just a quick snapshot of what the program looks like right now. Uh 81 permits have been issued since May of 2020. Uh 47 of those have sidewalk cafes, and the rest the the remaining 34 are street cafes and parklets. Uh really with the paying, like I mentioned before, the pending ordinance is really to make some of those temporary features permanent. And there are a few elements that are kind of outstanding. We have an ordinance ready to go with basically three blanks that we're gonna talk about today. And any feedback uh would be very much appreciated, and and we'll get that in the system and it'll be introduced next week. So the first uh element that we were hoping to present to you is the actual fee determination. Uh what was recommended in December of 21 was uh the director, public works director, should have the authority to set those fees. Of course, those fees would be posted online for the public. Uh, this was actually a holdover from the original program. Um again, that was originally recommended in December 2021. One um one alternative for consideration would be to include the fee schedule actually in the ordinance and in it become part of code. We'd have no problem with that. The only caveat then, as we learn more lessons, and if we needed any more additional changes, it it of course would have to go through council. Uh, the second element uh we're trying to consider what the right temperature is for the permanent policy are the actual fees. Um I won't note that our original recommendation was based on uh research done by other communities trying to value our asset and then also capture internal costs. Where we landed there was a street cafe for an annual fee of $4,000, a sidewalk cafe uh fee of eighteen dollars per square foot, which matches the pup parks and recreation policy, and then just a nominal fee of 250 dollars for parklet uh with an annual application for all three of those elements of 250 dollars. Um, one other alternate to consider would be just to have an annual permit fee that tries to recover the um both the inspection costs and then a valued uh maintenance, a prorated maintenance cost over the life of that area.

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