HomeMy WebLinkAbout1129 Memorandum of Understanding Between Platte County, Kansas City, and Riverside BILL NO. 2012-035 ORDINANCE NO. �
AN ORDINANCE APPROVING A MEMORANDUM OF UNDERSTANDING BETWEEN
PLATTE COUNTY, THE CITY OF KANSAS CITY, MISSOURI AND THE CITY OF
RIVERSIDE FOR THE COOPERATIVE PLANNING, DEVELOPMENT AND
MANAGEMENT OF THE LINE CREEK TRAIL PROJECT, RATIFIYING AND
CONFIRMING THE EXECUTION AND DELIVERY OF SAME, AND AUTHORIZING
CERTAIN ACTIONS IN CONNECTION THEREWITH
WHEREAS, the City of Kansas City, Missouri, Platte County, Missouri and the City
of Riverside, Missouri desire to undertake to cooperate and partner in the planning,
development and construction of certain park and trail improvements; and
WHEREAS, the Board of Aldermen find and affirm that it is in the best interest of
the City to develop partnerships to maximize resources to provide sustainable park and
recreation opportunities within the City; and
WHEREAS, the Board of Aldermen find and affirm that undertaking the Line Creek
Trail Project to complete a 2 mile gap which exists in the Line Creek Trail from NW 62
Street in Kansas City south to Vivion Road in the City of Riverside is in the best interest of
the city and that construction of such improvements by each city independently would be
extremely di�cult, inefficient and costly; and
WHEREAS, the Board of Aldermen find it is necessary and desirable to enter into a
Memorandum of Understanding with Kansas City, Missouri and Platte County, Missouri in
substantially the same form as set forth in Exhibit "A" attached hereto in order to
memorialize certain understandings with respect to the master planning, development,
maintenance and operation of certain park and trail amenities;
NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF ALDERMEN OF THE
CITY OF RIVERSIDE, MISSOURI, AS FOLLOWS:
SECTION 1— AGREEMENT APPROVED. That the Memorandum of
Understanding
in substantially the same form as attached hereto as Exhibit "A" (which is incorporated
herein by reference) is hereby approved. Further, the execution and delivery of the same
to Platte County, Missouri and Kansas City, Missouri by the Mayor and/or City
Administrator is hereby ratified and confirmed.
SECTION 2— AUTHORITY GRANTED. That all actions heretofore taken by the
officers, representatives and agents of the City in connection with the transaction
contemplated by this Ordinance are hereby ratified and confirmed, and the City shall, and
the officers, representatives and agents of the City are hereby authorized and directed to,
take such further action, and execute and deliver such other documents and instruments as
may be necessary or desirable to carry out and comply with the intent of this Ordinance,
and to carry out, comply with and perform the duties of the City with respect to the
Memorandum of Understanding.
SECTION 3- EFFECTIVE DATE. That this Ordinance shall be in full force and
effect from and after its passage and approval.
BILL NO. 2012-035 ORDINANCE NO. ��
BE IT REMEMBERED that the above was read two times by heading only, PASSED
AND APPROVED by a majority of t e Board of Aldermen and APPROVED by the Mayor of
the City of Riverside, Missouri, this of Cv�/�2012.
7�
May r Kathleen L. Rose
ATTEST:.,
> —
� Robin Littrell, C,y Clerk
, � � � Approved s to form:
om on, City Attorney
MEMORANDUM OF UNDERSTANDING
between the
County of Platte, the City of Kansas City, and the City of Riverside
for the
Cooperative Planning, Devebpment, and
Management of the Line Creek Trail
This Memorandum of Understanding, made and entered into this � day of�,
2012, is by and between Platte County, Missouri (County), a county of the first classification, the
City of Kansas City, Missouri (Kansas City), a constitutionally chartered municipal corporation;
and the City of Riverside, Missouri (Riverside), a constitu6onally chartered municipal
corporation.
WHEREAS, Kansas City and Riverside, in implementation of their respective pazk, trail,
and wmmunity development master plans, own individual contiguous tracks of land and
easement rights along Line Creek in Platte County designated as future greenway trails and
currently referred to as the "Line Creek Trail"; and
WHEREAS, the project partners, through the implementaUon of their respective master
plans, consider it important for the pazk and trail projects to be properly master planned,
sustainably developed, maintained, operated and opened to the public for recreational
opportunities; and
WHEREAS, the project partners consider it important to develop partnerships to
maximize resources to in provide providing sustainable pazk and recreation oppor[unities; and
WHEREAS, the project partners recognize the recreational needs of the entire area and
have a long history of opening their respective facilities to all citizens to meet these needs; and
WHEREAS, the project partners intend to cooperate with respect to the master planning,
development, maintenance, and operation of these new pazk and trail amenities; and
WHEREAS, each project partner has agreed to contribute funds to the planning,
development, maintenance, and operation of these new pazk and trail ameni6es; and
WHEREAS, the project par[ners will shaze responsibilities in good faith with mutual
intent for general public welfare regazding the plans heretofore set forth, the project partners
consider it appropriate to memorialize certain understandings to better assure that facilities and
programs developed will continue to be a sustainable and valuable resource to the community;
,NOW, THEREFORE, in consideration of the premises and of the agreements set forth
hereinafter, County, Kansas City, and Riverside agree as follows:
1. Commitment of Resources
a. From County. County pledges &om the renewed ten-yeaz half-cent sales
taY for stormwater, pazks and recreation, subject to appropriation, a sum of SIX
HUNDRED FIFTI' THOUSAND DOLLARS ($650,000) for the development of trails
and recreafional amenities at the Line Creek properties.
b. From Kansas City. Kansas City pledges staff time and funding, subject to
appropriation, in the amount of SIX HiJNDRED FIFTY THOUSAND DOLLARS
($650,000) for the development of trails and recreational amenities at the Line Creek
properties. Kansas City shall also provide the resources necessary for the daily and
capital maintenance of all improvements and property for the Line Creek Trail within the
city limits of Kansas City.
c. From Riverside. Riverside pledges fixnding, subject to appropriation, in
the amount of SIX HLJNDRED THOUSAND DOLLARS ($600,000) for the planning,
2
design, and development of trails and recreational amenities at the Line Creek properties.
Riverside shall provide the resources necessary for the daily and capital maintenance of
all improvements and proper[y for the Line Creek trail within the city limits of Riverside.
d. Maintenance Defined. Daily operation and maintenance of pazk and trail
properties shall include tasks such as mowing, trimming, erosion control, tree pruning,
trash removal, general cleaning and disinfecting, mulch spreading, utilities, field grounds
management, and any other necessary daily activity to ensure an aesthetically pleasing,
safe and secure environment for facility patrons. Capital maintenance of pazk and trail
properties shall include tasks such as major repairs or replacement of facilities such as
playground equipment, trail and pazking surfacing, buildings, and structures. Parties
may enter into sub-agreements for maintenance with local non-profit organizations and
other entities authorized by any parties.
e. Additional Resources. County, Kansas City and Riverside agree to
collaboratively seek altemative sources of funding, including public and private grants, to
fitrther develop recreational amenities and provide for long-term sustainable capital
maintenance and management.
£ Schedule. The parties agree that the guideline for completion for planning
and development sha11 generally follow the schedule below:
1. Line Creek Trail Development December 2013
2. Master Plannine.
County, Kansas City, and Riverside will jointly develop master plans to guide
development of the Line Creek proper[ies. Such master planning sha11 include input from
the general public, representatives of key stakeholder groups in Platte County, Kansas
3
City and Riverside along with County and City representatives. County, Kansas City and
Riverside recognize that the adopted master plans will consist of sustainable pazk and
trail amenities that take into account the fiscal requirements necessary to adequately
maintain the improvements and properties.
a. The Line Creek property improvements will consist of Kansas City and
Riverside's cumulative lands and easements and will be planned and developed with the
intent to create a linear greenway trail connected to other trail routes in Platte County to
fiirtlier the goal of a connected system of bike and pedestrian pathways. County, Kansas
City, and Riverside agree that the final design of will take into consideration the many
important attributes and characteristics of the lands including their proximity to adjacent
neighborhoods, nearby pazks, streamways and the desire to design complementary
recreational amenities.
b. Kansas City has completed planning and design services for the
development of the Line Creek properties in Kansas City and Riverside.
3. Development - Master Plan Implementation
County, Kansas City and Riverside agree that engineering/architectural construction
documents may be developed as a part of the planning process to guide development.
Parties sha11 cooperate with respect to bidding, conshuction, inspection and final
approval of all improvements to properties.
4. Operations and Management Aereement.
County, Kansas City, and Riverside agree to enter into a formal operations and
management agreement for the operation and maintenance of pazk and trail amenities and
programs, with Kansas City and Riverside managing the pazk facilities as well as
4
collecting fees that may be generated from use of the facilities through various entities,
with the understanding that all revenues generated at the park and trail properties shall be
used strictly for the ongoing maintenance and capital improvement of the pazk and trail
facilities.
5. Coordination and Communication. At least every two yeazs, the Platte
County Commission, the Kansas City Boazd of Pazks and Recreation Commissioners
and City Council, and the Riverside Boazd of Aldermen, or their designees, shall meet
and discuss their respective activities, both for the preceding yeaz and for the prospective
yeaz, on behalf of the amenities and programs developed by this agreement. The parties
will work to coordinate activities to provide the most efficient operation, delivery of
services, and financial and/or logistical assistance possible.
6. General.
a. Nothing contained in this Memorandum of Understanding is intended to be a
binding agreement or cause the County, Kansas City or Riverside to be regazded as joint
ventures, employees or agents of each other.
b. The validity, legality and matters relating to the interpretation of this
Memorandum of Understanding shall be govemed by the laws of the State of Missouri.
c. This Memorandum of Understanding shall remain in effect until amended or
terminated by written agreement of the parties.
d. Nothing contained in this Memorandum of Understanding is intended to
confer personal liability upon any officer, director, employee or agent of either party.
This Memorandum of Understanding is not intended to be a legally binding contract but
only a statement of the past practice and present intentions of the parties and it shall be
5
subject to revision by the parties from time to time as circumstances change. The par[ies
agree to construe and interpret this Memorandum of Understanding and to consider
changes in a spirit of cooperation to facilitate achievement of their common goal of
encouraging the master planning, development, and operation of pazks, trails and
recreational facilities as valuable community resources.
e. Funding for related costs are contingent upon the availability of funds and
their appropriation through the parties.
IN WITNESS WHEREOF, the parties herein have executed this Memorandum of Understanding
as of the date first written above.
---Signatures begin on following pages---
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Platte County, Missouri
Jaso Br , Presiding Comm�ssioner ;1' ""�7FFIC
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Anest: ; �, . ,v, , �`�°�
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Jo Hanns, County Clerk
Approved as to Form:
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Robert H. Shaw, County Counselor
7
City of Kansas City, Missouri
. �1�,�:. � �/��
Sherri K. McIntyre, P. As stant City Manager
Attest:
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Vicki Thompson-Carr, ity Clerk �
J Paul Ch rand Q, ��/
President, Board of Parks and Recreation Commissioners
Attest:
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Secr tar , Board of Parks and Recreat�Commissioners
V
Approved as to Form:
ssistant City Attorney
8
City of Riverside, Missouri
Ka een L. Rose, Mayor
Attest'r'' � .... �
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c=:=�
', Robin Littrell, City Clerk
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. ' ...
Approv d as to form:
c o pson, City Attorney
9
ORDINANCE NO. 120360
Authorizing the City Manager to execute a Memorandum of Understanding between the
City of Kansas City, Missouri, the City of Riverside, Missouri, and Platte County,
Missouri, for the planning, development, and management of the Line Creek Trail;
approving the Memorandum of Understanding in substantial form; and directing the City
Manager to prepaze any necessary agreements and ordinances for implementation of the
Memorandum of Understanding so construction can begin in 30 days.
WHEREAS, Kansas City and Riverside, in implementation of their respective
park, trail, and community development master plans, own individual contiguous tracks
of land and easement rights along Line Creek in Platte County designated as future
greenway trails and currently referred to as the "Line Creek Trail"; and
WHEREAS, the project partners, through the implementation of their tespective
master plans, consider it important for the pazk and trail projects to be properly master
planned, sustainably developed, maintained, operated and opened to the public for
recreational opportunities; and
WHEREAS, the project partners consider it important to develop partnerships to
maximize resources in providing sustainable park and recreation opportunities; and
WHEREAS, the project partners recognize the recreational needs of the entire
area and have a long history of opening their respective facilities to all citizens to meet
these needs; and
WHEREAS, the project partners intend to cooperate with respect to the master
planning, development, maintenance, and operation of these new park and trail amenities;
and
WHEREAS, each project partner has agreed to contribute funds to the planning,
development, maintenance, and operation of these new park and trail amenities; and
�VFIEREAS, Ordinance No. 124066, passed February 9, 2012, approved the
allccations in the FY 2013-17 Capital Improvements Program preliminuy budget and the
h'Y ZU13 Ne�ghborhood Conservation Yro�ects, which included 3800,000.00 Yor the Line
Creek Trail, and stated the Council's intention regazding advance funding of the FY
2013-17 Capital Improvement Program projects; and
WH�REAS, the project partners will share responsibilities in good faith with
mutual intent for general pubfic welfare regazding the plans heretofore set forth, the
project partners consider it appropriate to memorialize certain understandings to better
assure that facilities and programs developed will continue to be a sustainable and
valuable resource to the community; NOW, THEREFORE,
BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:
ORDINANCE NO. 120360
Section 1. That, on behalf of Kansas City, the City Manager is hereby authorized
to enter into and execute a Memorandum of Understanding by and between the City of
Kansas City, Missouri, the City of Riverside, Missouri, and Platte County, Missouri for
the planning, development, and management of the Line Creek Trail.
Section 2. That the Memorandum of Understanding is approved i❑ a form
substantially similar to that attached hereto.
Section 3. That the Mayor and Council hereby express their intent to amend
existing woperative agreements for the Line Creek Trail to implement the Memorandum
of Understanding so that construction can begin in 30 days.
Section 4. That the City Manager is hereby directed to prepare any necessary
ordinances and agreements for implementation of the Memorandum of Understanding so
that construction can begin in 30 days.
I hereby certify that there is a balance, otherwise unencumbered, to the credit of
the approptiation to which the foregoing expenditure is to chazged, 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.
Randall J. Lan .
Director of F' e
Approved as to form and legality:
� � � . ����-�^--�_
`Katherine Chandler
Assistant City Attorney
AW�en�led as PasgeA-r
. �etro . l
31y s, Ma
Vickie Thompsan-Carr, ly Cle
MAY 10 Z012
Dele Passed
z
� Intra-Departmental Communication
Date: May 15, 2012
To: Board of Pazks and Recreation Commissioners
NSrom: Travis W. Kiefer, P.E., Assistant Dir. — Eng., Pln., Design & Contract Div.
Subject: Memorandum of Understanding between the City of Kansas City, Missouri, Platte
County and Ciry of Riverside for Line Creek Trail
Backeround:
Platte County, Riverside and Kansas City consider it important to develop partnerships to maximize
resources to provide sustainable park and recreation opportunities for the Line Creek Trail. All three
of these local govemments recognize the recreational needs of the entire area and have a long history
of opening their respective facilities to all citizens to meet these needs. Platte County, Riverside, and
Kansas City intend to cooperate with respect to the master plan revisions, development, maintenance,
and operation ofthese parks.
Platte County pledges in the amount of $650,000.00 for the development of trails and recreational
amenities for the Line Creek Trail properties. The Kansas City, MO further pledges monetary
contributions in the $650,000.00 for the development of trails and recreational amenities for the Line
Creek Trail propefties. The City of Riverside, MO further pledges monetary contributions in the
amount of $675,000.00 for the park development of trails and recreational amenities for the Line
Creak Trail properties.
The City of Riverside will provide the resources necessary for the daily and capital maintenance of
all improvemencs and property for the Line Creck Trail within the city limits of Riverside and to the
city limits of Kansas City. Kansas City, iVIO wi!1 provide the resaurces necessary for the dai;y and
capital maintenance of all improvements aad property for the Line Creek Trail within [he KCMO
city limits.
This MOU will also go to Ciry Council for an Ordinance.
Recommendation:
Staff recommends that the Board approves the Memorandum of Understanding in substantial form a&
attached, between the City of Kansas City, Platte County and City of Riverside for Line Creek Trail
and authorize the Director or his designee to execute the MOU on behalf of the Board.
I, Karmen D. Bradlev, Secretary to the Board of Parks and Recreation om�nissioners do hereby
certify that the attached is a true and exact copy of Resolution # �q 8 �� , adopted by the
Board on I 5 , aUra- and recorded in the official proceedings of that date.
QltlYiati
a• ten D. Bradley, retary