hybrid meeting held in the council chambers and

Hybrid Meeting held in the Council Chambers and GoToMeeting, also streamedon City7 http://indep.us/city7 and on YouTube indep.us/YouTube. COUNCIL

STUDY SESSION AGENDAAugust 24, 2020

6:00 PM, Council Chambers & GoToMeeting

Agendas are published late in the week for the following week's Council business meetings. Changes made after the tentative agenda is publishedwill be reflected in the latest version posted.

To view a Council meeting agenda, visit https://independence.novusagenda.com/agendapublic/, and select 'Most Recent Council Agenda'.

PRESENTATIONS

1. Presentation about cell tower legislation from Tom Robbins and Chris White from StrategicCapitol Consulting.

2. Breed Specific Legislation

3. Tax Increment Financing 5 Year Review

4. 2020 Census Update

STAFF REPORTS

1. Boards/Commissions Report

INFORMATION ONLY

COVID-19 Meeting Procedures: The August 24 City Council Meeting will be shared with the publicvia YouTube and City7. In accordance with social distancing guidelines, very limited public seating willbe available on a first-come, first-served basis. The current social distancing maximum capacity is 31individuals in the audience. Individuals who sign-up to speak can do so in person or online via the livemeeting platform. If capacity is exceeded, speakers may be asked to wait in the lobby area and will becalled in at the appropriate time. All attendees must participate in a health check and be wearing a clothface covering upon entering the building. Please plan accordingly to allow time for this prior to the 6p.m. meeting start time. Those individuals with a fever or showing symptoms of COVID-19 will beasked to watch the meeting on one of the virtual formats. Attendees will be required to sociallydistance in seats as indicated by the markings on the bench, although minors may sit with a custodialadult. Social distancing maximum capacity is currently 31 individuals in the audience.

https://independence.novusagenda.com/agendapublic/

"Independence for All"

City of IndependenceAGENDA ITEM COVER SHEET

Agenda Title:

Presentation about cell tower legislation from Tom Robbins and Chris White fromStrategic Capitol Consulting.

Recommendations:

None. This is for informational purposes only.

Executive Summary:

In 2018 the Missouri General Assembly passed HB 1991 also known as the “Uniform SmallWireless Facility Deployment Act.” This legisla on was brought forward becausetelecommunica on companies believed that the market called for addi onal infrastructureto facilitate larger and faster data transfer requirements. Market analysts say that 96% ofall Americans own a cellphone. Today, 81% of Americans own a smart device. The telecommunica on companies argued that uniform costs for the installa on of celltowers and associated equipment was necessary to deliver services that their customersdemand. HB 1991 was passed to address the concerns of the cost of installing newtechnology, including new cell towers.Prior to 2018 the prac ce of the telecom industry was to a empt to use municipal assetswithout no ce or paying fees, including a achment fees. This legisla on has granted theCity of Independence the second highest wireless service equipment a achment fees inthe country for non-u lity municipal poles. HB 1991 also allows the City of Independenceto collect a achment fees on u lity poles.On November 20, 2017 the City Council adopted Ordinance Number 18830 allowing theCity Manager to enter into agreements for small cell wireless technology. This ordinanceallows the City to facilitate responsible deployment of small cell wireless technology onIndependence Power and Light poles and facili es. Tom Robbins and Chris White of Strategic Capitol Consul ng will appear in person toprovide a brief review of HB 1991 and how it applies to the City of Independence. Theywill also discuss legisla on passed during the 2020 Session of the Missouri GeneralAssembly that impacts HB 1991.

Fiscal Impact:

None

Department: City Manager's Office Contact Person: John Mayfield

REVIEWERS:Department ActionCity Managers Office ApprovedFinance Department ApprovedCity Managers Office ApprovedCity Clerk Department Approved

Council Action: Council Action:

ATTACHMENTS:Description TypeStrategic Capitol Presentation Ordinance

Tom Robbins, SCC Partner

Independence, Missouri

August 24, 2020

HB 1991(2018)

• Pre-August 28, 2018

• Certain political subdivisions could enact ordinances charging a public utility right of way user a linear foot fee if

the public utility right of way user did not pay gross tax receipts.

• Big telecom (Verizon, Sprint, AT&T et al) hired a legion of lobbyists & lawyers to come to Jefferson City to

apply the full court press to set uniform costs for the installation of cell towers and associated equipment.

AT&T alone had 15 lobbyists on retainer.

• They argued additional infrastructure was necessary to facilitate larger and faster data transfer

requirements.

• HB 1991 (2018) sought to address this issue and was introduced by then-State Rep. Shawn Rhodes (R-West

Plains).

• Mr. Rhodes became a registered lobbyist for Verizon in Dec. 2019.

• Act includes 16 new provisions as the result of compromises w/ the wireless carriers, spearheaded by SCC.

Increase is Cell Phone/Smart Device Use• Pew Rearch Poll from mid-2019 highlights the

rise of cell phone/smartphone use by Americans

has increased significantly

• 96% of all Americans own a cellphone

• Since 2011, there has been an 46% increase

in smartphone ownership. 81% of Americans now

own a smart device.

• The large increase in wireless ownership has

led wireless carriers installing additional technology

& equipment the equipment to support it, including

new cell towers.

Initial Provisions of the Act

• Modifies provisions related to utility structure implementation

• Modified meaning of “managing the public right-of-way” to mandate consistent

permitting requirements pursuant to the Uniform Wireless Communications

Infrastructure Deployment Act & the Uniform Small Wireless Deployment Act.

• Political subdivisions are prohibited from assessing a linear foot fee or antenna fee,

so long as the right-of-way-user paid certain fees and taxes that are imposed

specifically on communications-related revenue, services and equipment.

• Wireless Providers in the Right-of-Way

• This act prohibits the state or any political subdivision, excluding municipal electrical utilities, from entering

into an exclusive arrangement with any person for the use of the right away for the collocation of small wireless

facilities for installation or replacement of utility polls.

• Wireless providers are permitted to collocate small wireless facilities and install and replace utility poles in the

public right away, except in single-family residential neighborhoods or historic neighborhoods.

• Small wireless facilities collocated outside the right-of-way zone, and in non-residential zones land, shall be

classified as permitted and not subject to zoning review or approval.

• Any new or replaced utility poles must meet certain criteria set forth in this act and small wireless facility code

locations shall not interfere with existing utility facilities. The city can require a wireless provider to repair all

damage to the right of way caused by the providers activities and if the provider does not make the

required repairs the city may affect those repairs and charge the provider.

Uniform Small Wireless Act

Rates & Fees for Placement of Wireless Facility, Support Structure or Utility Pole

• The act prohibits cities from requiring a wireless provider to pay any rates, fees, or compensation to the city for the right to use right-

of-way, for collocation of small wireless facilities or for the installation and replacement of utility poles in the right-of-way.

• This Section does not limit city’s ability to Recover specific removal cost from the attaching wireless provider for abandon

structures/

• Application Fee Criteria

• The city may assess application fees based on actual administrative costs and any such costs recovered by existing fees, rates,

licenses, or taxes paid by a wireless service provider shall not be included in setting the application fee.

• The total application fee for collocation of a small wireless facility on an existing utility pole shall not exceed $100 per small

wireless facility, including for consolidated applications.

• The total application fees for installation, modification, or replacement of utility pole and coal location of a small wireless facility

shall not exceed $500 per pole, and the rate for collocations of small wireless facility to a city pole shall not exceed $100 per pole

per year.

• The city shall not demand any fees from small wireless facilities except those authorized under this section, applicable taxes,

applicable linear foot fees, and right of way permit fees, which shall be competitively neutral, and shall not be in the form of a

franchise for your tax, or other fee based on non-cost related factors.

City Planning, Zoning, Ordinances, Pole Attachment Agreements and Jurisdiction

• Subject to the provisions of the Act, Independence may continue to exercise zoning, land-use, planning, and permitting

authority within its boundaries, including wireless support structures and utility poles. However, the city shall not have

jurisdiction over the installation or operation of any small wireless facility in the interior structure, or upon the site of any

campus, stadium athletic facility not under control by the City

• Nothing in this Act shall nullify any mutual agreement between a city and a wireless provider entered into prior to August 28,

2018.

• Independence may adopt indemnification, insurance, and bonding requirements related to small wireless facility permits, but

may only require a wireless provider to indemnify and hold harmless the city in certain claims. Independence may require a

wireless provider to obtain and provide proof of insurance coverage, or a comparable self insurance program, prior to the

effective date of any permit issued.

• Independence may adopt bonding requirements for small wireless facilities and such bonds shall provide for the removal of

abandoned or improperly maintained small wireless facilities, restore the right of way in connection with such abandoned

facilities, and assist in recouping rates and fees that have not been paid by wireless provider in over 12 months.

• The bonding requirements shall not exceed $1500 per small witless facility and not exceed $75,000 across all facilities

w/in the city jurisdiction.

Effective Dates

• The Uniform Small Wireless Deployment Act shall become effective January 1, 2019. This most recent

session we successfully amended Rep. Miller’s sunset language to HB 1768, one of the few bills that

passed in this shortened session. The Act will now expire on January 1, 2025, except that collocation rate

for small wireless facilities shall remain in effect for the duration of the permit authorizing the collocation.

Final Thoughts

• Upon learning of the complaints re: the Lee’s Summit Rd. towers (built in 2017), SCC leveraged its network

of friends, allies and colleagues to persuade Verizon to move some of their poles, at Verizon’s expense.

• Furthermore, we successfully battled the Goliath that is telecom, securing for Independence the second

highest wireless service equipment attachment fees in the country for non-utility municipal poles. We further

protected your core revenues by negotiating no cap for attachment fees of utility poles.

• In 2018, this was seen as a major victory for Independence, considering the telecom industry was trying to

use municipal assets without notice or paying reasonable attachment fees. Ultimately, we traded some local

control to protect and enhance Independence’s core revenues.

• SCC also made sure to include provisions to protect residential neighborhoods and historic districts and

neighborhoods, including the Truman Library, the Truman Home, the Old Courthouse, the original county jail.

Questions?

Tom Robbins, SCC Partner

Thank you.


Agenda Title:

Breed Specific Legislation

Executive Summary:

Jason White, member of the Advisory Board of Health and chair of the jointsubcommittee which reviewed the current ordinance, will present.

Background:

Last summer, the Independence Advisory Board of Health and Jackson CountyRegional Animal Welfare Committee were tasked to review the current breed specificlegislation in Chapter 3, commonly known as the pit bull ban. The two groups formed asubcommittee that examined the research and held a public hearing to assess currentpublic opinion. The subcommittee drafted a report and submitted it to the two groupslast, which approved it with one member opposed.

Department: Animal ServicesDepartment Contact Person: Christina Heinen

REVIEWERS:Department ActionAnimal Services Department ApprovedCity Clerk Department ApprovedCity Managers Office ApprovedCity Clerk Department Approved


ATTACHMENTS:Description TypeBSL Presentation PresentationHandout During Meeting Backup Material

Breed Specific

LegislationAdvisory Board of Health &

Animal Welfare Committee

Joint Subcommittee Formed

• May 2019: Request made to two groups

• August 2019: Advisory Board of Health and Animal Welfare Committee formed joint subcommittee– Jason White, Dr. Matthew Wingert, Dr. Terry Morris, Tim Watkins,

Cindy Marshall

• Subcommittee met– September 2019

– October 2019

– November 2019

Review of Data

• Medical/scientific literature

• History of the issue in Independence and the region

• ASPCA report to the group

• City case data

• National organization position papers

• Dangerous dog ordinance standards

Public Hearing – November 2019

• To gauge current community opinion on the issue

• Good turnout – overflow into hallway

• 39 speakers

– 32 were opposed to current BSL

– Proponents of keeping the ordinance shared personal experiences

Regional BSL

• Independence is one of a few municipalities with BSL still in place

• Others include:

– Excelsior Springs

– Gladstone

– Kearney

– Platte City

Organizations Opposing BSL

ASPCA Humane SocietyAmerican

Veterinary Medical Association

American Kennel Club

American Bar Association

National Animal Control

Association

International Municipal Lawyers

Association

American Veterinary Society of Animal Behavior

Organizations Supporting BSL

National Pit Bull Victim Awareness

DogsBite.org

Recommendation: Repeal BSL

• Breed determination is difficult

• False sense of security for community

• Wide variety of animals bite

• Pit bulls remain in the city despite ordinance

• Enforcement pits neighbors against each other

• Focus should be on dangerous dog ordinance

Dangerous Dog Ordinance

• Modifications to the aggressive/dangerous/vicious dog ordinance for consideration:• Fines and insurance should adjust with inflation• Permit aggressive dogs• Limit the number allowed to be owned• Require notification to neighbors • Require reporting if it becomes unrestrained• Education to citizens on the law• Require owner to attend training

Questions?


Agenda Title:

Tax Increment Financing 5 Year Review

Recommendations:

This presentation is for informational purposes only on the 5 year update on the TaxIncrement Financing plans for Eastland, North Independence, Old Landfill, Mt.Washington, Santa Fe and Trinity.

Executive Summary:

Staff will present the 5 year update on 5 TIFs - Eastland, North Independence, OldLandfill, Mt. Washington, Santa Fe and Trinity.

Background:

After the approval and commencement of a Tax Increment Financing Project, the Cityis required to review the progress of projects on a five-year rolling calendar. The TIFprojects under review this year are: Eastland, North Independence, Old Landfill, Mt.Washington, Santa Fe and Trinity. All of the TIF Plans were approved for a period of 23 years with the TIF capturing50% of the Economic Activity Taxes (EATS) and 100% of the Payment in Lieu ofTaxes (PILOTS). The Eastland TIF, North Independence TIF, Mt. Washington TIFand Santa Fe TIF were all approved in 2000 followed by the Old Landfill TIF andTrinity TIF in 2005. After the 5 year TIF presentation, a public hearing is scheduled for the City Councilmeeting on Tuesday, September 8, 2020.

Department: CommunityDevelopment Contact Person: Tom Scannell

REVIEWERS:Department ActionCommunity Development Department Approved

City Clerk Department ApprovedCity Managers Office ApprovedCity Clerk Department Approved


ATTACHMENTS:Description TypePresentation Presentation

Tax Increment Financing Five-Year ReviewAugust 24, 2020

Eastland

North Independence

Old Landfill

Mt. Washington

Santa Fe

Trinity

Five-Year TIF Summary Report

• Public hearing required on all TIF projects every 5 years & at closing.

• Redevelopment Plan & Project Review

• Missouri Revised Statute 99.865

Eastland Center

Eastland Center Project Overview

• Approximately 212 acres

• 600,000 square feet Class A, Office Space

• 400,000 square feet retail, restaurant and hotels

• Public infrastructure

• Design and Construction of the Events Center

Eastland Center Plan Objectives

• Cure blight by providing adequate street layouts, utilities and other site improvements and remove unsafe and unsanitary conditions.

• Encourage orderly development within the area to maximize the public benefit.

• Construct roads and sidewalks within the vicinity of the redevelopment area to provide efficient traffic patterns.

• Construct a mixed-use project as outlined in the plan.

Eastland Center TIF Overview

• Approved in 2000

• 23 Year TIF

• 50% Economic Activity Taxes (EATS)

• 100% Payment in Lieu of Taxes (PILOTS)

Eastland Center TIF Status

TIF DistrictDate

ApprovedTotal Project

CostsTIF Incentive

Approved

Certified Reimbursable

Costs Financing

EastlandCenter

January 2000

$254,000,000 $11,700,000 $11,700,000 PAYGO

North Independence Location

North Independence Project Overview

• 167 acres

• Development of 18-hole golf course, clubhouse and maintenance building

• Construction of a 4.5 million square foot underground industrial park & public infrastructure improvements

North Independence Plan Objectives

• Cure blight by improving Kentucky Road, platting and developing the area, removing trash and debris.

• Encourage orderly development of land in and around the redevelopment area by providing sewer and improved road access.

• Expand the tax base of the City.• Enhance the public health, safety and welfare of the community

by eliminating potential problems with dangerous and unsightly conditions of the neighboring properties.

North Independence TIF Overview


• 23 Year TIF


• 100% Payments in Lieu of Taxes (PILOTS)

North Independence Status

TIF DistrictDate


CostsTIF Incentive

Approved


CostsFinancing

North Independence

May 2000

$40,600,000 $4,200,000 $1,907,873 PAYGO

Old Landfill Location

Old Landfill Project Overview

• 365 acres

• Reclaim the closed and capped landfill

• Construct 225 single-family executive residences

• Construct 18-hole golf course

Old Landfill Plan Objectives

• Reclaim the closed and capped landfill to cure blight by providing adequate street layout, utilities, parking, streetscape and other site improvements.

• Encourage the orderly development of land within the redevelopment area.

• Expand tax base of the City by increasing the housing and employment opportunities for residents.

• To enhance the public health, safety and welfare of the community by eliminating problems with congestion of public roads, pedestrian traffic and inadequate infrastructure.

Old Landfill TIF Overview


• 23 Year TIF



Old Landfill TIF Status

TIF DistrictDate

Approved Total Project

CostsTIF Incentive

Approved


CostsFinancing

Old Landfill

September 2005

$117,300,000 $14,175,000 $10,031,000 PAYGO

Mt. Washington Location

Mt. Washington Project Overview

• 229 acres

• Renovate Mt. Washington Cemetery, including the construction of a new mausoleum

• Improve adjacent public rights-of-way

Mt. Washington Plan Objectives

• Cure blight by providing adequate on-site street layout and other site improvements.

• Expand the tax base of the city by encouraging private investment within the redevelopment area.

• Enhance health, safety and welfare of the community by eliminating potential problems with dangerous and unsightly conditions of adjacent properties.

• Provide funds sufficient to construct a new mausoleum and chapel and renovate Mt. Washington Cemetery.

Mt. Washington TIF Overview


• 23 Year TIF



Mt. Washington TIF Status

TIF District Date


CostsTIF Incentive

Approved


CostsFinancing

Mt. Washington

September 2000

$8,722,000 $1,481,856 $326,000 PAYGO

Santa Fe Location

Santa Fe Project Overview


• 23 Year TIF



Santa Fe Plan Objectives

• Cure blight by providing adequate on-site and off-site street layout, utility and other site improvements.

• Encourage orderly development of land within the redevelopment area.

• Expand the tax base of the City and increase employment opportunities for residents.

• Construct approximately eight residential units and 220,000 square feet of retail/commercial space.

Santa Fe TIF Overview

• 29 acres

• 220,200 square foot new retail/commercial space

• 8 residential units

• Property acquisition

Santa Fe TIF Status

TIF DistrictDate


CostsTIF Incentive

ApprovedFinancing

Santa FeNovember

2000$25,576,017 $7,500,000 Bonded

Trinity Location

Trinity Project Overview

• 17.5 acres

• Construct 33,000 square feet of restaurant space

• Construct 98,000 square feet of general commercial space

• Construct 50,000 square feet of Class A office space

• Improvements to and expansion of Valley View Parkway

Trinity Plan Objectives

• Cure blight by providing adequate street layout, proper platting, parking, and demolition of deteriorating structures in the redevelopment area.

• Encourage the orderly development of land within the redevelopment area.

• Expand tax base of the City by increasing commercial real property and associated increases in taxable personal property.

• To enhance the public health, safety and welfare of the community by eliminating problems with congestion of public roads, pedestrian traffic and inadequate infrastructure.

Trinity TIF Overview


• 23 Year TIF



Trinity TIF Status

TIF DistrictDate

Approved Total Project

CostsTIF Incentive

Approved


CostsFinancing

TrinityNovember

2005$41,115,000 $7,765,000 $5,743,267.24 PAYGO

Questions…


Agenda Title:

2020 Census Update

Executive Summary:

Staff will provide an update on the 2020 Census.

Background:

The 2020 Census began in mid-March with the 2020 Census forms being mailed toresidents. The originally timeline included Census takers going door-to-door from Maythrough July to follow up with residents who did not complete their Census form.However, due to the COVID-19 pandemic, the Census door-to-door follow up waspostponed.

In April, the Census Bureau announced a revised timeline, which included the Censusdoor-to-door follow up occurring from August through the end of October. Recently,the Census Bureau announced the door-to-door follow up will end September 30th.

Residents who have not completed their Census forms can still submit them. TheCensus provides the ability to respond online, by phone and by mail.

The 2020 Census data will be used by lawmakers, business owners, and many othersto make critical decisions. The results will show where communities need services forfamilies, older adults, and children and will also inform how hundreds of billions ofdollars in federal funding are allocated to more than 100 programs, including Medicaid,Head Start, block grants for community mental health services, and the SupplementalNutrition Assistance Program.

Department: CommunityDevelopment Contact Person: Tom Scannell

REVIEWERS:Department ActionCommunity Development Department Approved

City Clerk Department ApprovedCity Managers Office ApprovedCity Clerk Department Approved


ATTACHMENTS:Description TypePresentation Presentation

2020 Census Update

August 24, 2020

What is the 2020 Census

• The count is mandated by the Constitution and conducted by the U.S. Census Bureau

• Goal is to count people in all 50 states, District of Columbia and 5 US territories

Important Dates

• Mid-March: Households began receiving official Census Bureau mail

• August: Census takers begin roll out nationwide. • September 30: Census takers end field work to help make

sure everyone is counted.

How to Respond

• Residents can still respond online, phone and mail – Online at www.my2020census.gov– By phone in over 60 different languages– By mail

http://www.my2020census.gov/

Census Takers

Why Your Response Matters

• Provides a snapshot of our nation and our community• Census data informs federal funding for more than 100

programs, including school lunches, highway construction, and education.

• Business owners rely on census results to make decisions

Questions


Agenda Title:

Boards/Commissions Report

Department: City Clerk Contact Person: Becky Behrens

REVIEWERS:Department ActionCity Clerk Department ApprovedCity Clerk Department Approved


ATTACHMENTS:Description TypeReport Backup Material

MEMORANDUM

DATE: August 20, 2020

TO: Mayor and Members of the City Council

FROM: Becky Behrens, City Clerk

SUBJECT: Boards and Commissions Report

Mayor’s Advisory Commission on the Arts

• Recommendation has been made to reappoint Cindy McClain and Stacie Short and

appoint Trent Austin to the above board as the individual appointments for Mayor Eileen

Weir.

• Staff requests direction as to adding a resolution to the next regular meeting, appointing

the above named individuals.

Street Improvement Oversight Committee

• Recommendation has been made to appoint Edward Nesbitt to the above board as the

individual appointment for Councilmember Mike Steinmeyer.


the above named individual.

Parks Commission

• Recommendation has been made to appoint Zachary Gall to the above board as the

individual appointment for Mayor Eileen Weir.



Japanese Sister City Committee

• Recommendation has been made to reappoint Lara Ashbaugh to the above board.



Independence on Roll Working Group Committee

• Recommendation has been made to appoint Councilmember Mike Steinmeyer, as the

alternate to the above board.



F.Name L.Name Position Staff Apt. Board Name Exp.Interest in

Reappointment

Lara Ashbaugh Japanese Sister City Committee 5/1/2020 Interested

Dan Sunderland Alternate Member CIC Board of Adjustment 7/1/2020 Interested

Vacant Huff Independence Park Commission 9/1/2020

Zach Gall Weir Independence Park Commission 9/1/2020 Interested

Clifford McCormick DeLuccie Independence Park Commission 9/1/2020 Not Interested

Vacant Steinmeyer Street Improvement Oversight Committee 10/1/2018

Tom Hall Business Community Mayor Mayor's Advisory Commission on the Arts 9/1/2020 Not Interested

Cindy McClain Business Community Mayor's Advisory Commission on the Arts 9/1/2020 Interested

Stacie Short Visual Arts - Chair Mayor's Advisory Commission on the Arts 9/1/2020 Interested

Vacant Councilmember Independence on a Roll Working Group 11/5/2020

Incumbents/Vacancies

Individual Council Appointments

Council Vacancies


Agenda Title:

COVID-19 Meeting Procedures: The August 24 City Council Meeting will be sharedwith the public via YouTube and City7. In accordance with social distancing guidelines,very limited public seating will be available on a first-come, first-served basis. Thecurrent social distancing maximum capacity is 31 individuals in the audience.Individuals who sign-up to speak can do so in person or online via the live meetingplatform. If capacity is exceeded, speakers may be asked to wait in the lobby area andwill be called in at the appropriate time. All attendees must participate in a health checkand be wearing a cloth face covering upon entering the building. Please planaccordingly to allow time for this prior to the 6 p.m. meeting start time. Thoseindividuals with a fever or showing symptoms of COVID-19 will be asked to watch themeeting on one of the virtual formats. Attendees will be required to socially distance inseats as indicated by the markings on the bench, although minors may sit with acustodial adult. Social distancing maximum capacity is currently 31 individuals in theaudience.

Department: City Clerk Contact Person: Becky Behrens

REVIEWERS:Department ActionCity Clerk Department Approved


hybrid meeting held in the council chambers and

Documents