The city of Kansas City Missouri is proposing to sign a legally binding contract with Terminal Developer, LLC for a no-bid airport terminal project likely to be worth well over a billion dollars. Mayor James, City Manager Schulte, and Council member Justus are particularly in a big rush to force this deal through, before the other Council members and the public understand what is really happening.
Who is Terminal Developer, LLC ? Do you know? This basic information hasn't been disclosed.
You can search and discover that the limited liability company Terminal Developer, LLC was organized in the state of Missouri on 4/27/2017 by David W. Frantze, Vice President of SMF Registered Services, Inc., which in turn appears to be an entity of KCMO law firm Stinson Leonard Street, 1201 Walnut, Suite 2900.
Thanks to the relentless thorough research of Chuck Palah--here are some details.
Mr. Frantze specializes in real estate law and described some of his previous representation of Burns and McDonnell as:
"Represents Burns & McDonnell, one of the nation's largest engineering and architectural firms, in obtaining entitlements and incentives (including tax abatement, TIF and job incentives under State programs) for a new 450,000 square foot campus project. "
Mr. Frantze, others at Stinson Leonard Street, (formerly known for decades as Stinson Mag and Fizzell) and Burns and McDonnell have previously donated to the Sylvester James campaign. And recall that State Sen. Jolie Justus accepted multiple lobbying gifts from Stinson Leonard Street. In fact,
Burns and McDonnell have been among the largest contributors to both Sylvester James and Jolie Justus. There are so many simultaneous intertwining conflicts of interest at-play in this terminal proposal, without the parties recusing themselves, that it resembles an incestuous orgy.
Note to self: best not search the web for orgy photos...just sayin'.
So how about this analogy instead?
KCMO is being governed like an open-air illegal bookie operation. Is this a crime, or just a crying shame?
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Do you know how many attorneys sit on the KCMO Council, including the Mayor? Of the 13 members, over half are attorneys. Our understanding is that Councilman Quinton Lucas actually teaches Contract Law at the University of Kansas School of Law. Have they all gone AWOL (absent without leave) when it comes to properly representing the best interests of KC residents?
According to the Memorandum Of Understanding, we know that Ray Kowalik would sign the document twice, first as President of Terminal Developer, LLC (the Developer) and second as President of Burns and McDonnell Engineering (the Contractor). But we still have no definitive understanding of who actually stands behind Terminal Developer, LLC. Why is the identity of this group a mystery?
TERMINAL DEVELOPER, LLC
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From <https://bsd.sos.mo.gov/ BusinessEntity/BusinessEal developerntityDetail.aspx? page=beSearch&ID=3917640>
Please note in their articles of organization, item 7, stating "No Member, solely by reason of being a Member, will be liable, under a judgment, decree or order of a court, or in any manner, for a debt, obligation or liability of the Company, whether arising out of contract, tort, or otherwise, or for the acts or omissions of any other Member, agent, or employee of the Company."
So--what happens if Terminal Developer LLC begins demolition of existing terminals A and B as spelled out in the proposal and then an unforeseen event occurs (financial market crisis, terrorism, etc.) which precipitates their withdrawl from the project?
Can Sly and Jolie Justus return the spawn of Satan baby? To whom? Frantze? Missouri Dept. of Social Services?????
Before more truth is revealed about this crony airport terminal proposal, Mayor James and Council member Justus are trying to slam the door on the public, to prevent sunshine from falling on the facts of the matter.
Legislation History
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BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:
Section 1. That the City Manager is hereby authorized to execute a Memorandum of Understanding with Terminal Developer, LLC and Burns & McDonnell Engineering Company, Inc. in substantial form and substance to that attached hereto as Exhibit A.
Section 2. That the City Council hereby determines that due to the aging of the current terminal and appurtenant facilities at Kansas City International Airport and the importance of improving the functionality of KCI for the airlines, airline passengers and general public who use KCI and the City’s limited capability to finance the costs of design and construction of the needed terminal modernization on its own, it is in the best interests of the City to sole source the development agreement, and the lease and sublease with the developer related to the KCI terminal modernization project proposed in the attached Memorandum of Understanding.
Section 3. That this ordinance, because it relates to a contract relating to the design and construction of a public improvement, is hereby recognized as having an accelerated effective date pursuant to Section 503(a)(3)(D) of the Charter.