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					                                       Full Commission Meeting Agenda
                                                 Thursday, November 06, 2008
                                                           7:00 PM



Location:
 Municipal Office Building
 701 N 7th Street, Lobby
 Kansas City, Kansas 66101
 Commission Chambers
Name                                               Absent

 Mayor Joe Reardon                                   e
                                                     f
                                                     g
                                                     d
                                                     c
 Commissioner Don DeSeure                            f
                                                     g
                                                     c
                                                     e
                                                     d
 Commissioner Pat Pettey                             e
                                                     f
                                                     g
                                                     d
                                                     c
 Commissioner Mark Mitchell                          f
                                                     g
                                                     c
                                                     e
                                                     d
 Commissioner Ann Brandau-Murguia                    e
                                                     f
                                                     g
                                                     d
                                                     c
 Commissioner Bill Miller                            f
                                                     g
                                                     c
                                                     e
                                                     d
 Commissioner Nathan Barnes                          e
                                                     f
                                                     g
                                                     d
                                                     c
 Commissioner Tom Cooley                             f
                                                     g
                                                     c
                                                     e
                                                     d
 Commissioner Mike Kane                              e
                                                     f
                                                     g
                                                     d
                                                     c
 Commissioner Butch Ellison                          f
                                                     g
                                                     c
                                                     e
                                                     d
 Commissioner Mark Holland                           e
                                                     f
                                                     g
                                                     d
                                                     c

 I.     CALL TO ORDER
 II.    ROLL CALL
 III.   INVOCATION GIVEN BY REVEREND JOSEPH BISCOE, WELBORN
        COMMUNITY UNITED CHURCH OF CHRIST
 IV.    PLEDGE OF ALLEGIANCE
 V.     REVISIONS TO NOVEMBER 6, 2008 AGENDAS
 VI.    MAYOR’S AGENDA
 VII. CONSENT AGENDA
               (Anyone wishing to speak about a particular item on the Consent Agenda must notify the Mayor
                when he asks if there are any “set-asides” on the Consent Agenda. Your item will then be
                discussed and voted on separately. All remaining items on the Consent Agenda are viewed as a
                single group and voted on with one vote.)
 VIII. PUBLIC HEARING AGENDA
 IX.    STANDING COMMITTEES’ AGENDA
X.    ADMINISTRATOR’S AGENDA
XI.   COMMISSIONERS’ AGENDA
XII. LAND BANK BOARD OF TRUSTEES’ AGENDA
XIII. ADJOURN

                   SERGEANT-AT-ARMS: CAPTAIN MICHAEL KOBE


      VI .     MAYOR'S AGENDA




      VII .    CONSENT AGENDA



       Item No. 1 - RESOLUTION


       Synopsis:
       Annual Interlocal Agreement with the Fairfax Drainage District, submitted by Jim
       Larkin, Public Works/WPC. The drainage district has asked for an increase based on
       the consumer price index for a total of $182,880, which is a $5,033 increase from 2007.

       On October 13, 2008, the Public Works and Safety Standing Committee, chaired by
       Commissioner Holland, voted unanimously to approve and forward to full commission.
       Tracking #: 080289



       Item No. 2 - RESOLUTION


       Synopsis:
       Set public hearing date of December 11, 2008, to consider expansion of the Gateway
       Gardens Redevelopment District to add Project Area 3 to the existing TIF district,
       including the 5th and Minnesota Avenue infrastructure, submitted by Doug Bach,
       Deputy County Administrator.
       Tracking #: 080309



       Item No. 3 - PLAT


       Synopsis:
       Delaware Highlands Fifth Plat located at 127th Street and Walker Avenue and being
       developed by Tim Zarda, submitted by L. Allen Greenwood, Surveyor, and Fred
       Backus, County Engineer.
       Tracking #: 030481
Item No. 4 - APPOINTMENTS


Synopsis:
Appointments to Boards and Commissions:
Dixie Kaster to Law Enforcement Advisory Board, 11/6/08 - 6/30/10, submitted by
Commissioner Ellison
Robert Watson to Planning Commission, 11/6/08 - 10/1/12, submitted by
Commissioner Ellison
Tracking #: 970128



Item No. 5 - CHANGE REQUESTS


Synopsis:
Communications from Eugene Bryan, Jr., County Appraiser, submitting 2004 Change
Request Nos. 27388, 27389-removals, and 27391-removal/valuation change/refund;
2005 Change Request Nos. 27390-removal; 27404-removal/valuation change/refund;
2007 Change Request Nos. 27314-removal; 27341, 27397, and 27415-
removal/valuation change/refund.
Tracking #: 970128



Item No. 6 - MINUTES


Synopsis:
Minutes from Regular Sessions of September 18 and 25, 2008, and October 2, 2008;
and Special Sessions of October 16 and 20, 2008.
Tracking #: MINUTES



Item No. 7 - WEEKLY BUSINESS


Synopsis:
Weekly business material dated October 15, 22, and 29, 2008.
Tracking #: WEEKLY BUSINESS
VIII .   PUBLIC HEARING AGENDA



 Item No. 1 - PUBLIC HEARING/ORDINANCE


 Synopsis:
 Conduct a public hearing and consider an ordinance adopting the 2nd Amendment to
 the Redevelopment Plan for Project Area A within the Mission Cliffs II Redevelopment
 District, submitted by LaVert Murray, Director of Development. The amendment is
 required to capture the increase in value for the single family homes and townhomes.

 On September 18, 2008, the full commission adopted Resolution No. R-138-08 setting a
 public hearing date of November 6, 2008, to consider the amendment.
 Tracking #: 080307



 Item No. 2 - PUBLIC HEARING/ORDINANCE


 Synopsis:
 Conduct a public hearing and consider an ordinance adopting the 1st Amendment to the
 Redevelopment Plan for the I-70/Armstrong Redevelopment District, submitted by
 LaVert Murray, Director of Development. The amendment reflects a change in size for
 an industrial building from 120,000 sq. ft. to 150,860 sq. ft., which increases the cost
 from $3,800,000 to $5,263,112.

 On October 2, 2008, the full commission adopted Resolution No. R-147-08 setting a
 public hearing date of November 6, 2008, to consider the amendment.
 Tracking #: 080305
IX .     STANDING COMMITTEES' AGENDA



 Item No. 1 - COMMUNICATION


 Synopsis:
 Submission of the Community Wide Brownfield Hazardous Substance and Petroleum
 Assessment Grant Proposal to the EPA, submitted by George Brajkovic, Property
 Management. This will allow the UG to assess and characterize historically industrial
 and mixed use sites in the target area north of I-70 and historic Kaw Point at the
 confluence of the Kansas and Missouri rivers. This is a non-matched grant from the
 EPA for a total of $400,000 and would be used for site identification, Phases I and II
 ESA's, and community outreach.

 This item was scheduled to appear before the Neighborhood and Community
 Development Standing Committee, chaired by Commissioner Pettey, on November 3,
 2008. It was requested, and received approval from the Mayor, to fast track this item to
 the full commission meeting on November 6, 2008.
 Tracking #: 080306



 Item No. 2 - RESOLUTION


 Synopsis:
 Request from the Kansas City, Kansas Convention and Visitor's Bureau for support in
 designating U.S. Highway 69 as a National Scenic Byway/Frontier Military Scenic
 Byway, submitted by Rob Roddy, Public Works Director.

 This item was scheduled to appear before the Neighborhood and Community
 Development Standing Committee, chaired by Commissioner Pettey, on November 3,
 2008. It was requested, and received approval from the Mayor, to fast track this item to
 the full commission meeting on November 6, 2008.
 Tracking #: 080304




X.       ADMINISTRATOR'S AGENDA




XI .     COMMISSIONERS' AGENDA
XII .    LAND BANK BOARD OF TRUSTEES' AGENDA




XIII .   ADJOURN
                               RESOLUTION NO. _________


     A RESOLUTION APPROVING THE INTERLOCAL AGREEMENT BETWEEN THE
    UNIFIED GOVERNMENT OF WYANDOTTE/COUNTY/KANSAS CITY, KANSAS AND
                     THE FAIRFAX DRAINAGE DISTRICT

       Whereas, The Fairfax Drainage District (“District”) and the Unified Government of
Wyandotte County/Kansas City, Kansas (“Unified Government”) are empowered by the laws of
Kansas to enter into agreements for the construction, maintenance and funding of certain sewer
lines;

       Whereas, The District and the Unified Government desire to enter into an Interlocal
Agreement between the Unified Government and the District to provide adequate sewer services
to promote industrial growth with the District and promote joint cooperation;

       Whereas, an agreement has been prepared describing the parties cooperation and
responsibilities in regard to sewer services in the District;

        NOW, THEREFORE, BE IT RESOLVED BY THE GOVERNING BODY OF THE
UNIFIED GOVERNMENT, AS FOLLOWS: That the Unified Government is hereby authorized
to enter said agreement by signature of the Mayor/CEO.

      THIS RESOLUTION IS ADOPTED by the Governing Body of the Unified Government
of Wyandotte County/Kansas City, Kansas, this____ of ___ ___ 2008.


                                           UNIFIED GOVERNMENT OF WYANDOTTE
                                           COUNTY/KANSAS CITY, KANSAS



                                           By:
                                           _______________________________________
                                                 Joe Reardon
                                                 Mayor/Chief Executive

(SEAL)
ATTEST


Unified Government Clerk


Approved as to form:

_             __________________
                                                                            Tracking No. 080309
                                  Staff Request for                                                 d
                                                                                                    e
                                                                                                    f
                                                                                                    g Revised
                                                                                                    c
                                 Commission Action                                                  d
                                                                                                    e
                                                                                                    f
                                                                                                    g On Going
                                                                                                    c


Type: Standard
Committee: Full Commission

Date of Standing Committee Action:
 (If none, please
explain):
Proposed for the following Full Commission Meeting Date:                 Confirmed Date: 11/6/2008
11/6/2008
d
e
f
g Changes Recommended By Standing Committee (New Action Form required with signatures)
c
    Date:          Contact Name:       Contact Phone:       Contact Email:       Ref:     Department / Division:
10/31/2008 Doug Bach                  573-5027         dbach@wycokck.org        DB     CAO
Item Description:
Consider adoption a Resolution establishing the date and time of a public hearing to discuss the expansion
of the Gateway Gardens Redevelopment District. This addition adds Project Area 3 to the existing TIF
Districting, including the 5th and Minnesota Avenue infrastructure. A map showing the proposed Project
Area 3 is attached as Exhibit "A."




Action Requested:
Adoption of Resolution setting the date and time of a public hearing to discuss the expansion of the
Gateway Gardens Redevelopment District.




c
d
e
f
g Publication Required
b

Budget Impact: (if applicable)

 Amount: $
 Source:
  d
  e
  f
  g Included In Budget
  c
  e
  f
  g Other (explain)
  c
  d




                                                              File Attachment             File Attachment
                               RESOLUTION NO. R-_____-08

A RESOLUTION ESTABLISHING THE DATE AND TIME OF A PUBLIC HEARING
REGARDING THE EXPANSION OF THE GATEWAY GARDENS REDEVELOPMENT
DISTRICT

        Whereas, K.S.A. 12-1770 et seq., as amended (the “Act”) provides for the creation of
redevelopment districts and the approval of redevelopment plans and permits the issuance of tax
increment bonds in accordance with the terms of the Act; and

        Whereas, the City Council of the former City of Kansas City, Kansas established the
Gateway Gardens Redevelopment District by Ordinance No. 65961 adopted on November 3,
1994 (the “1994 Redevelopment District”), and

        Whereas, the City Council of the former City of Kansas City, Kansas amended the
Gateway Gardens Redevelopment District by Ordinance No. O-5-98 adopted on January 22, 1998
(the 1994 Redevelopment District, as amended by Ordinance No. O-5-98 is referred to as the
“Original Redevelopment District”); and

       Whereas, the Board of Commissioners desires to add additional land area to the Original
Redevelopment District; and

        Whereas, the Board of Commissioners of the Unified Government of Wyandotte
County/Kansas City, Kansas intends to set a date for a public hearing for the purpose of
considering the expansion of the Original Redevelopment District by including the land described
on the exhibits attached with the entire district as expanded to be known as the Amended
Gateway Gardens Redevelopment District (the “Amended Redevelopment District”) in
accordance with the Act; and

        Whereas, the expansion of the Original Redevelopment District is necessary to promote
the general economic welfare of the City of Kansas City, Kansas pursuant to the Act; and

       Whereas, the proposed Amended Redevelopment District consists of the area delineated
on a map, EXHIBIT “A”, and legally described in EXHIBIT “B”, which are each attached and
made a part of this Resolution and which is generally described as an area of land bounded by
Washington Blvd. on the North, 5th Street on the West, 3rd Street on the East, and Armstrong
Avenue on the South; and

        Whereas, the proposed boundaries of the area to be added to the Redevelopment District
are generally described as State Avenue on the North, 4th Street on the East, Armstrong on the
South and 5th Street on the West will be expanded by an area which is generally described as 3.3
acres of land in an area bounded by Minnesota Avenue on the North, 5th Street on the East,
Armstrong Avenue on the South and 6th Street on the West; and

        Whereas, the proposed Amended Redevelopment District is located in an eligible area
under the Act because it is located in a previously designated as an “enterprise zone” as defined
by the Act.

NOW THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE UNIFIED
GOVERNMENT OF WYANDOTTE COUNTY/KANSAS CITY, KANSAS:
        Section 1.      That a public hearing be set for December 11, 2008 at 7:00 pm in the
Commission Chambers of the Unified Government East Building located at 701 N. 7th Street,
Kansas City, Kansas to hear comments and consider findings necessary to expand the Original
Redevelopment District; and the County Administrator is directed to provide notice of such
public hearing pursuant to the Act and amendments thereof.

        Section 2.       That a description and map of the proposed redevelopment district are
available for inspection and copying in the offices of the Unified Government Clerk, Municipal
Office Building, 701 North 7th Street, Kansas City, Kansas 66101, Monday through Friday (other
than holidays) between 8:00 a.m. and 5:00 p.m.

        Section 3.        That the district plan for the expanded redevelopment district provides
for the district to include three project areas, which are depicted on the map attached hereto as
Exhibit A. The buildings and facilities to be constructed within the three project areas are
generally described as follows:

        Area 1 – EPA Project Area
        EPA office complex of approximately 200,000 square feet and a laboratory facility of
        approximately 37,000 square feet along with land acquisition, demolition, site
        preparation, parking improvements and public and private infrastructure improvements.

        Area 2 – Children’s Campus Project Area
        Construction of one or more office buildings and one or more buildings for the Children’s
        Center Campus along with land acquisition, demolition, site preparation, parking
        improvements and public and private infrastructure improvements.

        Area 3 – 5th & Minnesota Project Area
        A mixed use office and retail project consisting of two Class A office buildings of
        approximately 220,000 square feet of office, approximately 35,000 square feet of retail
        and a structured parking facility along with land acquisition, demolition, site preparation,
        parking improvements and public and private infrastructure improvements.

         Section 4.     That the Governing Body will consider the findings necessary for the
establishment of a redevelopment district after conclusion of the public hearing.

         Section 5.      That the Unified Government Clerk is hereby authorized and directed to
publish this resolution once in the official newspaper of the Unified Government not less than one
week or more than two weeks preceding December 11, 2008, the date set for the public hearing.
The Unified Government Clerk is also authorized and directed to mail a copy of this resolution
via certified mail, return receipt requested to the board of county commissioners, the board of
education of USD 500, and to each owner and occupant of land within the proposed Amended
Redevelopment District, not more than 10 days following the date of the adoption of this
Resolution.

       Section 6.       This Resolution shall become effective upon its adoption by the
Governing Body.




                                                 2
ADOPTED BY THE COMMISSION OF THE UNIFIED GOVERNMENT OF WYANDOTTE
COUNTY/KANSAS CITY, KANSAS THIS 6TH DAY OF NOVEMBER, 2008.



                                          __________________________________
                                          UNIFIED GOVERNMENT CLERK




Approved as to Form:___________________




                                          3
                   EXHIBIT A

MAP OF REDEVELOPMENT DISTRICT AND PROJECT AREAS




                       4
                                          EXHIBIT B

Area 1 - EPA Project Area Legal Description:

Lot 1, GATEWAY, a subdivision of land in Kansas City, Wyandotte County, Kansas

Area 2 - Children’s Campus Project Area Legal Description:

A tract of land being Lots 1, 2, 3, 4, 5, 20, 21, 22, and 23, GATEWAY and Lots 1, 2, 3, and 4,
REPLAT OF LOT 6, PARCEL 1B AND LOT 7, PARCEL 1A, GATEWAY, both being
subdivisions in Kansas City, Wyandotte County, Kansas and all adjacent rights of way of Fifth
Street, Washington Boulevard, Third Street, Minnesota Avenue, Armstrong Avenue and the US
24/40 ramp to I-70, being more particularly described as follows (Note – The following
description has been created based on record information and should be subject to actual survey
measurements):

Beginning at a point on the West right of way line of Fifth Street, said point being along the
extension of the South line of Lot 2, GATEWAY and 80 feet West of the Southwest corner of
said Lot 2;

Thence North 000 00’ 00” East 1042.52 feet along said West right of way line to the centerline of
Washington Boulevard;

Thence South 890 59’ 30” East 796.20 feet along the centerline of Washington Boulevard;

Thence South 890 59’ 10” East 554.57 feet continuing along the centerline of Washington
Boulevard;

Thence South 000 00’ 00” West 50.00 feet to the South right of way line of Washington
Boulevard;

Thence South 890 58’ 10” East 155.91 feet along the said South right of way to the West right of
way of Third Street;

Thence South 000 01’ 23” East 992.02 feet along the West right of way of Third Street to the
North right of way line of Minnesota Avenue;

Thence North 900 00’ 00” West 745.88 feet along said North right of way to the extension North
of the West right of way;

Thence South 000 00’ 00” West 368.00 feet along said West right of way to the North right of
way of Armstrong Avenue;

Thence North 900 00’ 00” East 681.20 feet along said North right of way to the East right of way
of Fifth Street;

Thence North 000 00’ 00” East 268.00 feet along said East right of way to the South right of way
of Minnesota Avenue;

Thence North 900 00’ 00” East 315.00 feet along said South right of way to a point on the
Southerly extension of the East line of said Lot 2, GATEWAY;


                                                5
Thence North 000 00’ 00” West 100.00 feet to the Southeast corner of Lot 2, GATEWAY;

Thence North 900 00’ 00” East 395.00 feet to the point of beginning, said tract containing
1,782,062 square feet or 40.91 acres, more or less, subject to all easements and restrictions of
record.


Area 3 - 5th & Minnesota Project Area Legal Descriptions:

TRACT 1:
Lots 44, 45, 46, 47, and 48, Block 131, WYANDOTTE CITY, a subdivision of land now in and a
part of Kansas City, Wyandotte County, Kansas together with the South on-half of an 18 foot
alley abutting said Lots on the North, vacated by Ordinance 52329, filed for record in Book 2395
at Page 03 on October 15, 1973 and the North 4 feet of Armstrong avenue, as vacated by
Ordinance 185.

TRACT 2:
Parcel 1, CENTER CITY, a subdivision of land in Kansas City, Wyandotte County, Kansas.

TRACT 3:
Parcel 2, CENTER CITY, a subdivision of land in Kansas City, Wyandotte County, Kansas.

TRACT 4 (Minnesota Avenue Right of Way):
Beginning at the intersection of the north Right of way line of Minnesota Avenue and the east
Right of Way line of 5th Street as they now exist, thence west along said north Right of Way line
of Minnesota Avenue to its intersection with the west Right of Way line of 6th Street as it now
exist, thence south along the west Right of Way line of said 6th Street to its intersection with the
south Right of Way line of Minnesota Avenue as it now exist, thence east along said south Right
of Way line of Minnesota Avenue to its intersection with the east Right of Way line of said 5th
Street as it now exist, thence north along the east Right of Way line of said 5th Street to the Point
of Beginning.

TRACT 5 (Armstrong Avenue Right of Way):
Beginning at the intersection of the north Right of Way line of Armstrong Avenue and the east
Right of Way line of 5th Street as they now exist, thence west along said north Right of Way line
of Armstrong Avenue to its intersection with the west Right of Way line of 6th Street as it now
exist, thence south along the west Right of Way of said 6th Street to its intersection with the south
Right of Way line of Armstrong Avenue as it now exist, thence east along said south Right of
Way line of Armstrong Avenue to its intersection with the east Right of Way line of said 5th
Street as it now exist, thence north along the east Right of Way line of said 5th Street to the Point
of Beginning.




                                                  6
TRACT 6 (5th Street Right of Way):
Beginning at the intersection of the south Right of Way line Minnesota Avenue and the east Right
of Way line of 5th Street as they now exist, thence west along said south Right of Way line of
Minnesota Avenue to its intersection with the west Right of Way line of said 5th Street as it now
exist, thence south along the west Right of Way of said 5th Street to its intersection with the north
Right of Way line of Armstrong Avenue as it now exist, thence east along said north Right of
Way line of Armstrong Avenue to its intersection with the east Right of Way line of said 5th
Street as it now exist, thence north along the east Right of Way line of said 5th Street to the Point
of Beginning.

TRACT 7 (6th Street Right of Way):
Beginning at the intersection of the south Right of Way line Minnesota Avenue and the east Right
of Way line of 6th Street as they now exist, thence west along said south Right of Way line of
Minnesota Avenue to its intersection with the west Right of Way line of said 6th Street as it now
exist, thence south along the west Right of Way of said 6th Street to its intersection with the north
Right of Way line of Armstrong Avenue as it now exist, thence east along said north Right of
Way line of Armstrong Avenue to its intersection with the east Right of Way line of said 6th
Street as it now exist, thence north along the east Right of Way line of said 6th Street to the Point
of Beginning.

TRACT 8 (520 Minnesota Avenue, Parcel no. 216212):

Commencing at the Southwest corner of Parcel 3, CENTER CITY, a partial replat
of Blocks 95, 96, 97, 109, 110, 115 and 131 of Wyandotte City, a subdivision
of record in the City of Kansas City, Wyandotte County, Kansas; thence North
87 degrees 48 minutes 09 seconds East along the South line of said Parcel 3 a
distance of 286.91 feet; thence North 02 degrees 121 minutes 51 seconds West a
distance of 30.37 feet to the point of beginning; thence North 87 degrees 48
minutes 09 seconds East a distance of 28.37 feet; thence North 02 degrees 11
minutes 51 seconds West a distance of 2.00 feet; thence North 87 degrees 48
minutes 09 seconds East a distance of 53.92 feet, thence South 02 degrees 11
minutes 51 seconds East a distance of 4.40 feet; thence North 87 degrees 48
minutes 09 seconds East a distance of 9.25 feet; thence South 02 degrees 11
minutes 51 seconds East a distance of 1.25 feet; thence North 87 degrees 48
minutes 09 seconds East a distance of 3.56 feet; thence South 02 degrees 11
minutes 51 seconds West a distance of 6.12 feet; thence North 87 degrees 48
minutes 09 seconds East a distance of 3.56 feet; thence North 02 degrees 11
minutes 51 seconds West a distance of 1.25 feet; thence North 87 degrees 48
minutes 09 seconds East a distance of 9.25 feet; thence North 02 degrees 11
minutes 51 seconds West a distance of 4.40 feet; thence North 87 degrees 48
minutes 09 seconds East a distance of 25.08 feet; thence South 02 degrees 11
minutes 51 seconds East a distance of 2.00 feet; thence North 87 degrees 48
minutes 09 seconds East a distance of 28.37 feet; thence North 02 degrees 11
minutes 51 seconds West a distance of 2.00 feet; thence North 87 degrees 48
minutes 09 seconds East a distance of 21.79 feet; thence North 02 degrees 11
minutes 51 seconds West a distance of 63.67 feet; thence South 87 degrees 48
minutes 09 seconds West a distance of 61.39 feet; thence North 02 degrees 11
minutes 51 seconds West a distance of 47.70 feet; thence South 87 degrees 48


                                                 7
minutes 09 seconds West a distance of 22.76 feet; thence South 09 degrees 11
minutes 51 seconds East a distance 2.91 feet; thence South 87 degrees 48
minutes 09 seconds West a distance of 130.10 feet; thence South 02 degrees 11
minutes 51 seconds East a distance of 54.21 feet; thence South 87 degrees 48
minutes 09 seconds West a distance of 9.21 feet; thence South 02 degrees 11
minutes 51 seconds East a distance of 46.83 feet; thence North 87 degrees 48
minutes 09 seconds East a distance of 9.21 feet; thence South 02 degrees 11
minutes 51 seconds East a distance of 7.62 feet; thence North 87 degrees 48
minutes 09 seconds East a distance of 12.58 feet; thence South 02 degrees 11
minutes 51 seconds East a distance of 2.00 feet to the point of beginning.

Tract 9 (500 Minnesota Avenue, parcel no. 216207, 533 State Avenue, parcel no.
216207, State Avenue Right of Way)


All Right of Way corridors and parcels being more fully described as follows;
Beginning at the intersection of the north Right of Way line of State Avenue and the west
Right of Way line of 5th Street as they now exist, thence west along said north Right of
Way line of State Avenue to a point on the north Right of Way line of State Avenue, said
point being north and perpendicular to the intersection of the northwest corner of parcel
216207 and the east Right of Way line of the alley between parcel 216207 on the east,
and parcel 82626 on the west, thence south to said intersection and continuing south
along the east Right of Way of said alley to a point on the north face of the building
located at the southwest corner of parcel 216207, thence east along said building face to
the northeast corner of said building, thence south along the east face of said building to a
point on the north Right of Way line of Minnesota Avenue, thence east along said Right
of Way line to the intersection of the north Right of Way line of Minnesota Avenue and
the west Right of Way line of 5th Street as they now exist, thence north along the west
Right of Way line of said 5th Street to the Point of beginning.




                                             8
                                                                                                                                                                                                                            WASHINGTON BLV D
                                                                       US-24 HWY




                                                                                                                                                                                                                                       N 4TH ST
                                                                 NEBRASKA AV




                                                                                                                                                                                                                                                                                                                                                   N 3RD ST
                                                                           N 6TH ST
                                                                                                                                                                                                                          Area 2




                                                                                                                                                         N 5TH ST
                                                                                                          STATE AV




                                                                                                                                           MINNESOTA AV




                                                                                                               Area 3                                                                   Area 1
                                                                                                                                                                       ARMSTRONG AV




    Gateway Gardens Redevelopment District




                                                                                                                                                                                                                                                                                         /K -5
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       Wyandotte County, Kansas                                                                                                                                                                                                                                                                         Kan sas




                                                                                                                                                                                                                                                                                     I- 4
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                                                                                                                                                                                                                                                          139TH
                                                                                                                                                                                                                                                                                                         City




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                                                                                                                                                                                                                                                                                                                                                              3R D
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       DISCLAIMER OF WARRANTY AND ACCURACY                                                                                                                                                                                                                                    I-70                                          US-40




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                                                                                                                                                                                                                                                                   130TH
       Unified Government of Wyandotte Co./Kansas City,
                                                                                                                                                                                                                                                                           Edwa rdsville                                                                        70




                                                                              /
                                                                                                                                                                                                                                                     Bon ner
        KS (UG) makes no representations or warranties                                                                                                                                                                                                                                                            K-3




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                                                                                                                                                                                                                                                                                                                                         18TH
                                                                                                                                                                                                                                                                                                                        2                                I- 6
         about this map or its content, including, without                                                                           1 inch equals 300 feet




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                                                                                                                                                                                                                                                     Spri ngs
      limitation, accuracy, completeness, or fitness for any




                                                                                                                                                                                                                                                                                                                                             18 TH
                             purpose.
       Users of this map document do so at their own risk;
      UG will not be liable to any such user for any loss or                                                      0                  200                  400                                      800 Feet
                                                                                                                                                                                                                                                                                            Lake Quivi ra
                       damage whatsoever.
                                                                                                                                                                                                                                                                                                                                          I- 3 5




                                                                                                                                                                                                                                                                                                                                                 ST
     Publication Date: October 22, 2008
                                                                                                                                                                                                                                                  Delaw are
                                                                                                                                                                                                                                                  Tow nship
     Contents Copyright © 2008 Unified Government
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     DotMaps Web Mapper:http://www.wycokck.org/dotmaps                                                                                                                                                                                                                          Location in Wyandotte County, KS

GeoSpatial Services Division, Department of of Technical Services of the Unified Government of Wyandotte County'Kansas City, Kansas * 710 N. 7th Street, Ste. 70 * Kansas City, Kansas 66101 * Phone 913.573.2941 Fax 913.573.4106 Email gss@wycokck.org
STATE OF KANSAS         )                    REGULAR SESSION
WYANDOTTE COUNTY        )) SS                THURSDAY, SEPTEMBER 18, 2008
CITY OF KANSAS CITY, KS )


       The Unified Government Commission of Wyandotte County/Kansas City, Kansas, met in
regular session Thursday, September 18, 2008, with eleven members present:            Holland,
Commissioner At-Large First District; DeSeure, Commissioner At-Large Second District;
Barnes, Commissioner First District (arrived at 7:02 p.m.) Miller, Commissioner First District;
Murguia, Commissioner Third District; Mitchell, Commissioner Fourth District (arrived at 7:02
p.m.), Kane, Commissioner Fifth District; Pettey, Commissioner Sixth District; Cooley,
Commissioner Seventh District; Ellison, Commissioner Eighth District; and Reardon,
Mayor/CEO presiding. The following officials were also in attendance: Doug Bach, Deputy
County Administrator;   Delia York, Legal Counsel; Tom Roberts, Unified Government Clerk;
Gordon Criswell, Assistant County Administrator; Gary Ortiz, Assistant County Administrator;
and Captain Rick Hartzfeld, Sergeant-at-Arms.


MAYOR REARDON called the meeting to order.


ROLL CALL: Cooley, Ellison, Holland, DeSeure, Miller, Murguia, Kane, Pettey, Reardon.


INVOCATION was given by Reverend Kenneth Nettling, Faith Lutheran Church.


THE AGENDA FOR September 18, 2008, was presented.              Mayor Reardon asked if there
were any revisions to the agenda. Tom G. Roberts, Unified Government Clerk, stated there
were three revisions.   On the Mayor’s Agenda, a new item, Item No. 1, a proclamation
proclaiming September 18 - 21, 2008, as “Kansas City T-Bones Northern League Championship
Weekend.” On the Consent Agenda, a new item, Item No. 8, an ordinance designating certain
streets as main trafficways and main trafficway connections. On the Public Hearing Agenda,
Item No. 2, additional information has been supplied which is the creation of the Happy Food
North Transportation Development District.
MAYOR’S AGENDA
ITEM NO. 1 - 080276… PROCLAMATION
Synopsis: Proclamation proclaiming September 18, 2008 – September 21, 2008 as “Kansas City
T-Bones Northern League Championship Weekend”.


Mayor Reardon presented the proclamation.


CONSENT AGENDA
Mayor Reardon asked if there were any set-asides on the Consent Agenda. There were none.
Commissioner DeSeure made a motion, seconded by Commissioner Pettey, to approve the
Consent Agenda. Roll call was taken and there were ten “Ayes,” Cooley, Ellison, Holland,
DeSeure, Barnes, Miller, Murguia, Mitchell, Kane, Pettey.


ITEM NO. 1 - 080240… RESOLUTION
Synopsis:     Technical transfer of title from the UG to USD 500 of the property where the
public library and school district sit upon, submitted by Ken Moore, Legal/Right-of-Way. On
September 2, 2008, the Neighborhood and Community Development Committee, chaired by
Commissioner Pettey, unanimously voted to approve and forward to the full commission.


Action:       RESOLUTION NO. R-135-08, “A resolution that the County Administrator of
              the Unified Government of Wyandotte County/Kansas City, Kansas, is hereby
              authorized and directed to execute in the name of the Unified Government of
              Wyandotte County/Kansas City, Kansas, and the Unified Government Clerk is
              hereby authorized and directed to attest to the signature of said County
              Administrator and to attach the seal of the Unified Government thereto as the
              voluntary act of the Unified Government to a Permanent Right-of-Way, Access
              and Utility Easement and a Quit Claim Deed transferring the Huron Place to the
              Unified School District 500”. Commissioner DeSeure made a motion,
              seconded by Commissioner Pettey, to adopt the resolution. Roll call was




                                   September 18, 2008
               taken and there were ten “Ayes,” Cooley, Ellison, Holland, DeSeure, Barnes,
               Miller, Murguia, Mitchell, Kane, Pettey.


ITEM NO. 2 – 080239…RESOLUTION
Synopsis:      Request submission of a Supportive Housing Program grant application to HUD
for support services to the homeless and near homeless population in Wyandotte County,
submitted by LaVert Murray, Department of Development.             On September 2, 2008, the
Neighborhood and Community Development Committee, chaired by Commissioner Pettey,
unanimously voted to approve and forward to the full commission.


Action:        RESOLUTION NO. R-136-08, “A resolution that the Mayor/CEO of Wyandotte
               County/Kansas City, Kansas is hereby authorized and directed to execute in the
               name of the Unified Government of Wyandotte County/Kansas City, Kansas and
               the Clerk of the Unified Government of Wyandotte County/Kansas City, Kansas
               is hereby authorized and directed to attest to the signature of said Mayor/CEO and
               to attach the seal of the Unified Government, thereto, as a voluntary act of the
               Unified Government to the application and certifications to be submitted to the
               U.S. Department of Housing and Urban Development.” Commissioner DeSeure
               made a motion, seconded by Commissioner Pettey, to adopt the resolution.
               Roll call was taken and there were ten “Ayes,” Cooley, Ellison, Holland,
               DeSeure, Barnes, Miller, Murguia, Mitchell, Kane, Pettey.


ITEM NO. 3 – 080254…RESOLUTION
Synopsis:      Authorize improvement of Holiday Dr. from Inland Drive to 63rd Street,
submitted by Fred Backus, Public Works Dept. On September 4, 2008, the full commission
unanimously approved Ordinance No. O-62-08 designating Holiday Dr. from Inland Dr. to 63rd
St. as a main trafficway.




                                    September 18, 2008
Action:        RESOLUTION NO. R-137-08, “A resolution authorizing certain main
               trafficway improvements, and providing for the manner of paying for the same for
               Holiday Drive.” Commissioner DeSeure made a motion, seconded by
               Commissioner Pettey, to adopt the resolution. Roll call was taken and there
               were ten “Ayes,” Cooley, Ellison, Holland, DeSeure, Barnes, Miller, Murguia,
               Mitchell, Kane, Pettey.


ITEM NO. 4 – 080273…RESOLUTION
Synopsis: Setting a public hearing date of November 6, 2008; to consider the Amendment to
Missions Cliffs II Project Area A, submitted by LaVert Murray, Department of Development.
The project is in the area of Lake and Minnie.


Action:        RESOLUTION NO. R-138-08, “A resolution that a public hearing be set for
               November 6, 2008, at 7:00 p.m. in the Commission Chambers of the Unified
               Government East Office Building located at 701 N. 7th Street, Kansas City,
               Kansas to hear comments and consider the proposed amendment to increase the
               values of the single-family homes and townhomes for the Mission Cliffs II
               Redevelopment Plan Project Area “A”. Commissioner DeSeure made a motion,
               seconded by Commissioner Pettey, to adopt the resolution. Roll call was
               taken and there were ten “Ayes,” Cooley, Ellison, Holland, DeSeure, Barnes,
               Miller, Murguia, Mitchell, Kane, Pettey.



ITEM NO. 5 – 970013…APPOINTMENTS
Synopsis: Appointments to Boards and Commissions:
Loris Jones to the Wyandotte/Leavenworth Area Wide Advisory Council on the Aging, 9/18/08 -
10/1/10, submitted by Commissioner Mitchell.


Action:        Commissioner Cooley made a motion, seconded by Commissioner Mitchell,
               to approve. Roll call was taken and there were ten “Ayes,” Cooley, Ellison,
               Holland, DeSeure, Barnes, Miller, Murguia, Mitchell, Kane, Pettey.




                                    September 18, 2008
ITEM NO. 6 - MINUTES
Synopsis: Minutes from Regular Session of August 7 and 21, 2008; and Special Session of
August 21, 2008.


Action:        Commissioner DeSeure made a motion, seconded by Commissioner Pettey, to
               approve.     Roll call was taken and there were ten “Ayes,” Cooley, Ellison,
               Holland, DeSeure, Barnes, Miller, Murguia, Mitchell, Kane, Pettey.


ITEM NO. 7 - WEEKLY BUSINESS MATERIAL
Synopsis: Weekly business material dated September 10, 2008.


Action:        Commissioner DeSeure made a motion, seconded by Commissioner Pettey, to
               receive and file and authorize fund transfers. Roll call was taken and there
               were ten “Ayes,” Cooley, Ellison, Holland, DeSeure, Barnes, Miller, Murguia,
               Mitchell, Kane, Pettey.


ITEM NO. 8 – 080275…ORDINANCE
Synopsis:      Designating certain streets as main trafficways and main trafficway connections,
submitted by Jody Boeding, Legal. This ordinance is necessary to proceed with debt financing
for some of the traffic signal improvements. On September 4, 2008, the full commission voted
unanimously to approve various projects and their funding; however; due to a publication error,
it has been necessary to change the authority for the issuance of notes and bonds to a state statute
which requires designation of streets on which improvements are made to be designated as main
trafficways or trafficway connections.


The main trafficways are:     Kaw Drive, also known as Kansas Highway 32
                              Shawnee Drive, from 18th Street Expressway to County Line
                              Road,
                              Shawnee Road, from 18th Street Expressway to County Line Road.




                                      September 18, 2008
The main trafficway connections are: 14th Street, from Metropolitan to the south City limits
                                         Donovan Road, from Fairfax Trafficway to Marley Road
                                     Riverview Avenue, from North 61st St. to North 78th St.
                                     Village West Parkway, from Parallel Parkway to State Ave.


Action:        ORDINANCE NO. O-66-08, “An ordinance designating certain streets and
               avenues within the city of Kansas City, Kansas as main trafficways and tracciway
               connections.     Commissioner DeSeure made a motion, seconded by
               Commissioner Pettey, to approve the ordinance. Roll call was taken and there
               were ten “Ayes,” Cooley, Ellison, Holland, DeSeure, Barnes, Miller, Murguia,
               Mitchell, Kane, Pettey.


PUBLIC HEARING AGENDA
ITEM NO. 1 – 080271…PUBLIC HEARING/ORDINANCE
Synopsis:      Conduct a public hearing to consider the establishment of the 2nd Amendment to
the Freeway Corp. TIF District, submitted by LaVert Murray, Department of Development. The
new proposed TIF boundaries are bounded by I-35 on the north, Roe Avenue on the east, County
Line on the south, and Lamar Avenue on the west. On August 7, 2008, the full commission
unanimously adopted Resolution No. R-83-08 setting the public hearing date of September 18,
2008.


LaVert Murray, Director Development, stated on March 27, 1996, pursuant to Ordinance No.
66093 and later on June 1, 1996 pursuant to Ordinance No. 66122, the Unified Government
Commission established the Freeway Corporate Center Tax Increment Financing Redevelopment
District.   On May 4, 2000, pursuant to Ordinance No. O-44-00, the Unified Government
Commission approved the first Amendment to the Freeway Corporate Center. You may recall
that the district boundaries were amended to make way for a hotel that was to be developed on
top of a hill that needed PILOT participation, thus that area was taken out of the TIF District.
Tonight, we are requesting the second amendment to the district boundary. We have submitted,
along with that request, a preliminary district plan. The new boundaries are extended to the east
over to Roe Lane. The boundaries would run from the I-35 right-of-way and follow Roe Lane



                                    September 18, 2008
south to the county line between Kansas City, Kansas and Roeland Park. That represents the
eastern boundary for the project. The boundaries extends over to South 24th Street to the west.
Project A is our focal point tonight as we essentially look at the district plan for the new district.
The Plan for Project Area B, which essentially follows Foxridge Drive from South 24th Street
over into the Freeway Corporate Center area and extends to Project Area A. Project Area B has
essentially been completed and TIF revenues were used to make improvements to Foxridge
Drive. Foxridge Drive until that time was a private drive. It has now been improved to
city/street standards and is now a public street. Again, the new boundaries eliminates the donut
hole created by the first amendment and anticipates, as a part of the redevelopment plan, that will
be submitted to you for future action, a condo-type arrangement for eligible PILOT features such
as a hotel, etc. The new district anticipates three project areas. For Project Area A, it is
anticipated that the approval of the redevelopment plan for Project Area A will set the clock for
that, which would then authorize 20-year TIF bond financing for that. For Project Area A, it
anticipates a mixed-use retail/office development that would carry a private investment of about
$55,775,000. With that investment it is anticipated that improvements would be made to the
entrances going into Project Area A which an entryway was cut through the rock, essentially
through the mountain off of 18th Street going west and that would be improved to enhance
access, ingress and egress into the site. Improvements would be made to 18th St. for access
purposes. You have site plans and site elevation drawings for some of the proposed
improvements scheduled for Project Area A.


Michael Duncan, Infinity Development, 9200 Indian Creek Parkway, Suite 100, Overland
Park, KS, stated this project area has five different parcels and five different plan usages. We
have two out parcels. The left one intended for a bank. The main feature is a tower and next to
that is a hotel site and back to the south is another office.         LaVert was referring to the
improvements to 18th Street.


Commissioner Miller asked, LaVert can you tell me the new portion? Mr. Murray stated the
old district stopped at 18th & Roe. This represented the boundary for 18th & Roe. As I indicated,
a path was cut through the rock at this point. Essentially you have a rock ledge here. What you
see is rock that was knocked down cutting the path through. The old boundary was bounded by



                                      September 18, 2008
18th Street and it extended over to Foxridge. Commissioner Miller asked is that an active TIF?
Mr. Murray stated it is an active TIF. Commissioner Miller asked, when did it start?              Mr.
Murray stated in 1996. Commissioner Miller asked, the new one would start 20 years from
now or roll back to 1996? Mr. Murray stated the new project area, once approved, would
establish a new clock for that project area. This area, which is Project Area B, was completed
shortly after the district was approved. At the time, some of the buildings were built and
Foxridge Drive from South 24th Street over to this point (referring to a map) was approved to city
standards. That is essentially the first project area within this old TIF District. You have the
area, which is the old TIF District, being added to the district is the area that essentially fronts I-
35 and Turkey Creek. The area east of Roe essentially houses the Woodview Apartments. This
area was added essentially to have our district boundaries match up with the current TIF district
that is in place in Roeland Park. The city of Roeland Park has cited concerns about having
access from Roeland Park into this area and thus it is anticipated that perhaps an access road
tying this area again into Roeland Park as a part of this TIF District and as a part of the Roeland
Park TIF District would take place in the future.
        Commissioner Miller stated my understanding that this project that you are talking
about is in place of the apartments that are there now? Mr. Murray stated no. The project that
you are looking at is located on Project Area A. It would exist all to the west of 18th Street.
Again, because the old district boundaries stopped at 18th Street, there has been a clarification in
the TIF law. When we initially pursued this district, it was our belief that you could spend TIF
funds outside of the district on adjacent property.      Since the law has been clarified, we have
come to understand that you cannot spend any TIF funds outside of the district. Even though we
anticipated making improvements to 18th Street, we had to amend the boundaries giving us the
ability to do what we had planned to do to 18th Street in the first place. While there will be
improvements made to 18th Street, essentially Infinity Development will involve those
improvements and improvements to 18th Street to make for better access to the site.
Commissioner Miller asked, what is the benefit of including the apartment?              Mr. Murray
stated what we’ve tried to do is to match the Roeland Park District. We do not anticipate any
impact to the apartments per se. Pursuant to the Roeland Park District, there could be
improvements to Roe Lane. It is quite often congested and Roeland Park anticipates making
some improvements to Roe Lane.           In addition to the improvements at Roe Lane, at this



                                      September 18, 2008
intersection, there could also be some outer road or frontage road improvements all designed to
enhance traffic flow to and from the apartment site to and from Roeland Park, but nothing is
planned that would impact the apartments.      Commissioner Miller asked, are they forecasting
revenue from that portion of the district. Mr. Murray stated no. There are no dollars projected
as increment dollars from the apartment complex. It is anticipated, if Roeland Park comes
forward with a plan, to make frontage road improvements from Roeland Park into KCK and to
make improvements to Roe Lane. You would then have the ability to participate in those kind of
improvements utilizing increment dollars generated by the Infinity Development on Project Area
A. It would give you the ability to use those dollars. Commissioner Miller stated we are
technically creating another TIF District, is that correct? We are creating a 20-year TIF District
and generally we have a budget on that. Do we have one on this? Mr. Murray stated we do
have a preliminary budget. Tonight we are asking the commission to consider the district and
the district plan. As I indicated, the preliminary cost for the district plan is $55 million. We
have looked at preliminary cost for the improvements within the district and that’s why I indicate
that if you approve the district, the next step would be to call for a public hearing to discuss the
redevelopment plan for this district. Commissioner Miller stated we will see a redevelopment
plan. Mr. Sandifer has done good work. I don’t have any issues with that. Tonight we are just
establishing a district. Mr. Murray stated we have preliminary cost figures, but we are not
absolutely comfortable with them. By the time we bring you the plan, we will be comfortable.


Commissioner Pettey stated the present TIF District that was established in 1996, that would
now be part of this new TIF District. How would the timeframe be changed?              Mr. Murray
stated Project Area B, which is that project area that is essentially complete, the project has been
running for approximately 12 years. The bonds have been issued for that and the taxes that have
been collected representing the increment has been used to retire those bonds. They’re not totally
retired to date. That clock will remain as it is. That clock has approximately 8 years left on it. It
will continue to run until the debt associated to Project Area B is retired.     You would start a
new clock for Project Area A.




                                     September 18, 2008
Mayor Reardon stated after those bonds are retired, in what you described as Project Area B,
that becomes cash payments in general funds for the UG on the tax side. Mr. Murray stated
once a TIF District is established, all taxes within that district go into a special fund. A special
account is set to that TIF District. Mayor Reardon asked, you are not obligating those dollars in
a currently or in a plan. You anticipate for further development. Those dollars are standing on
their own for that project area in and of itself, is that right? Mr. Murray stated it is correct. It is
not anticipated that we would take those future dollars from Project Area B to put it into A, C, or
D. Mayor Reardon asked, before we obligate ourselves to extending that street, this is on the
east side into Roeland Park, I want to make sure we are articulating a benefit to Kansas City,
Kansas in that extension. I know it would be good for Roeland Park and I’m all for cooperation.
I want to make sure that if we are going to obligate future tax dollars to that opening up, that we
articulate what the benefit is and the future benefit can be Kansas City, Kansas. If this receives
approval tonight, I’m most concerned with delivering that project. To the development team,
what building comes first, how do the pieces start to fall into place?     Mr. Duncan stated based
on the current marketing activity, we haven’t had a lot of interest. At this point the entire 14
acres in essence is a single phase. The sequence of properties, the building would be the last one
to be approved and then amended. It is not our intention to break this into phases. We would
like all of the improvements of our 14 acres in a single phase.


Mayor Reardon opened the public hearing.


Richard Horn, 3032 Roe Lane, stated I hear there is no plans for the district but that puts me, as
resident of that area, a little out of ease without knowing what the plans are. If we are going to
create this as a new TIF District does this come under the auspices of the new law that says that
we are going to have to have approval by the State Legislature to do that. Those are my main
concerns.


Mayor Reardon closed the public hearing.




                                      September 18, 2008
Mr. Murray stated this district falls under the amended law and the new law. There would be
no eminent domain allowed for economic development purposes. We have tried to assure all
property owners, all residents, that there will be no taking of property unless there is a willing
seller agreeing to the price of their property.      For Project Area C, the only thing that’s
anticipated are improvements to Roe Lane that would enhance access to and from that area and
perhaps improvements along 18th Street. There are no plans to acquire any property in that area.
Commissioner Holland stated I am very excited about this Infinity Development Group. This is
the quality development that we want to bring. My concern is I am not sure I am comfortable
expanding a TIF District over an entire apartment complex for a road on the other end of it. I
could be if I understand that better. I appreciate helping me understand the D District’s purpose
within it. I am not sure I’m clear on whether it would be better to do a distinct one to seal up B
as a distinct TIF District and allow it to pay itself off in eight years rather than restarting the
clock on any availability of funds outside of the district for potentially 20 more years. I feel I
want more information. What would happen if we held this over in order to gain some more
comfort with it?   Dick Sandifer stated it is a 40-year project. We have spent close to $500,000
with designing 18th Street. Some of this expansion is needed because where we moved into the
future TIF we found out any dollars spent on 18th Street weren’t recoverable. There is some
ingress and egress lanes that have to be built there. Some of them have to move over into
Roeland Park to the south. That is why we had the meeting with Roeland Park because to make
this an interchange, you have some ingress and egress lanes that have to expand into Roeland
Park. So by working with them and their TIF, it makes it all blend and makes it a lot cheaper. It
originally was designed to be just a three-way interchange. The Mayor of Roeland Park called
me and asked me to look at this project. They have areas in their Industrial Park that they would
like to expand and do something with. They want to put a frontage road along Roe and come
into the east side of that interchange to bring their traffic out onto 18th Street. That gives an
option. This expansion is a neighborly thing.


Doug Bach, Deputy County Administrator, stated you held the public hearing so that gives
you the right to continue it if you went to another meeting and then make a decision without
having to republish a different public hearing or such and take action. If you were to change the
district, then you would have to republish and go through that process.



                                    September 18, 2008
Mr. Duncan stated this is a beautiful site and we have some great ideas for it. There are two
pieces of this TIF. The property itself, which is the 14 acres that I intend to develop under the
pre-existing TIF, as we came to LaVert to talk about that and address the timing issues, we knew
that we had to make some changes. We knew that some changes had to be make to the TIF
District from a timing standpoint, so in the process it was an opportunity to clean-up some of the
boundary issues. As LaVert explained, we originally only had the west side of 18th Street and
new laws require that we go to the east side of 18th Street. As Mr. Sandifer explained in
discussions with Roeland Park, they just asked us to conform the TIF District boundaries to their
TIF District. Their main intention is to build the frontage road. We spoke with the Mayor of
Roeland Park and that is what they’d like to do. There really is two pieces here. One is the
project itself and make some adjustments, corrections, modifications, conformity to Roeland
Park on a TIF District. All delays do is increase costs. Our goal is to move as soon as possible.
We’ve made quite a bit of progress in getting financing in place in this financial market. It
would be a financial hardship and somewhat of a threat to the project for us to continue to delay.


Commissioner Pettey stated I would encourage us to move ahead. This is my district. This
project has set like this for about seven years. Mr. Sandifer has been successful over the years.


Action:        ORDINANCE NO. O-67-08, “An ordinance adopting the 2nd Amended Freeway
               Corp. Redevelopment District.” Commissioner Petty made a motion, seconded
               by Commissioner Miller, to approve the ordinance. Roll call was taken and
               there were ten “Ayes,” Cooley, Ellison, Holland, DeSeure, Barnes, Miller,
               Murguia, Mitchell, Kane, Pettey.




                                    September 18, 2008
ITEM NO. 2 – 080235…PUBLIC HEARING/ORDINANCE
Synopsis:      Conduct a public hearing to consider the establishment of the Happy Foods North
               Transportation District at 55th and Leavenworth Road, submitted by LaVert
               Murray, Department of Development. On August 21, 2008, the full commission
               unanimously adopted Resolution No. R-86-08 setting the public hearing date of
               September 18, 2008.



LaVert Murray, Department of Development, stated as you are aware the Unified
Government Commission authorized the establishment of a Transportation Development District
along with the approval of a sales tax agreement to assist with the re-opening of a facility at 55th
& Leavenworth Road which will be known as Happy Foods North. The action before you
tonight is to approve the submitted ordinance which authorizes the Transportation Development
District and a collection of a 1% sales tax to retire $400,000 in approved scheduled and qualified
improvement costs for the TDD. The TDD is to commence on January 1, 2009 and will run for
an approximate 15 to 20 year term depending on how sales work at the Happy Foods North
location. As you are aware, this is a part of a $2.6 million project and I am happy to report that
the work on the facility is well in progress. Mr. Shipman anticipates an opening well before
Thanksgiving. We ask that you give consideration to the submitted ordinance and approve the
establishment of this TDD at the conclusion of the public hearing.


Mayor Reardon opened the public hearing.


No one appeared


Mayor Reardon closed the public hearing.




                                     September 18, 2008
Action:       ORDINANCE NO. O-68-08, “An ordinance authorizing the creation of
              Transportation Development District in Kansas City, Kansas; authorizing the
              making of certain transportation project improvements relating thereto; approving
              the estimated costs of such transportation project improvements; providing for the
              method of financing; authorizing the imposition of a transportation district sales
              tax within the Transportation Development District in Kansas City, Kansas;
              establishing a method of collection of such sales tax; and providing for the
              segregation of such sales tax revenues for the payment of the costs of certain
              transportation projects within Transportation Development District (Happy
              Foods).” Commissioner Ellison made a motion, seconded by Commissioner
              DeSeure, to approve the ordinance. Roll call was taken and there were ten
              “Ayes,” Cooley, Ellison, Holland, DeSeure, Barnes, Miller, Murguia, Mitchell,
              Kane, Pettey.



STANDING COMMITTEES’ AGENDA
No items of business.


ADMINISTRATOR’S AGENDA
No items of business.


COMMISSIONERS’ AGENDA
ITEM NO. 1 – 970105…TRAVEL REQUESTS
Synopsis:
Request to travel to Orlando, Florida, November 2008, to attend the National League Congress
of Cities and Exposition, and attend the National Association of Counties Conference in
Washington, DC, March 2009, submitted by Commissioner DeSeure.


Request to travel to Wichita, Kansas, October 2008, to attend the League of Kansas
Municipalities Annual Conference, and attend the Kansas Association of Counties Annual
Conference in Wichita, Kansas, November 2008, submitted by Commissioner Cooley.



                                   September 18, 2008
Request to travel to Wichita, Kansas, October 2008, to attend the League of Kansas
Municipalities Annual Conference, submitted by Commissioner Pettey.


Action:       Commissioner Miller made a motion, seconded by Commissioner Kane, to
              approve.    Roll call was taken and there were ten “Ayes,” Cooley, Ellison,
              Holland, DeSeure, Barnes, Miller, Murguia, Mitchell, Kane, Pettey.




LAND BANK BOARD OF TRUSTEES’ AGENDA
No items of business.




                                   MAYOR REARDON
                        ADJOURNED THE MEETING AT 8:10 P.M.
                                  SEPTEMBER 18, 2008



                                                  __________________________
                                                  Tom G. Roberts, CMC
                                                  Unified Government Clerk

tk




                                  September 18, 2008
STATE OF KANSAS         )                  PLANNING & ZONING SESSION
WYANDOTTE COUNTY        )) SS              THURSDAY, SEPTEMBER 25, 2008
CITY OF KANSAS CITY, KS )


       The Unified Government Commission of Wyandotte County/Kansas City, Kansas, met in
regular session Thursday, September 25, 2008, with eleven members present:          Holland,
Commissioner At-Large First District; DeSeure, Commissioner At-Large Second District;
Barnes, Commissioner First District; Miller, Commissioner Second District; Murguia,
Commissioner Third District; Mitchell, Commissioner Fourth District; Kane, Commissioner
Fifth District; Pettey, Commissioner Sixth District; Cooley, Commissioner Seventh District;
Ellison, Commissioner Eighth District; and Reardon, Mayor/CEO presiding. The following
officials were also in attendance:   Dennis Hays, County Administrator; Delia York, Legal
Counsel; Tom Roberts, Unified Government Clerk; Doug Bach, Assistant County Administrator;
Rob Richardson, Planning Director; Bradley Munford, Planner; Byron Toy, Planner; Larry
Hancks, Planner; Janet Parker, Administrative Assistant; and Captain Rodney Smith, Sergeant-
at-Arms.


MAYOR REARDON called the meeting to order.


ROLL CALL: Cooley, Ellison, Holland, DeSeure, Barnes, Miller, Murguia, Mitchell, Kane,
Pettey, Reardon.


INVOCATION was given by Reverend Joseph D. Biscoe, Welborn Community United Church
of Christ.



THE AGENDA FOR September 25, 2008, was presented.             Mayor Reardon asked if there
were any revisions to the agenda. Tom G. Roberts, Unified Government Clerk, stated we
have a new Item No. 3 on the Non-Planning agenda. This a selection of voting delegates to the
100th Annual Conference of the League of Kansas Municipalities held October 11-14, 2008.
CONSENT AGENDA
Mayor Reardon asked if there were any set-asides on the Consent Agenda. Commissioner
Ellison requested to set-aside Change of Zone #2955 and #PR-2008-34. Adriana Ramos, 3018
N. 40th Kansas City, KS, requested to set-aside Special Use Permit #SP-2008-41.
Commissioner Mitchell made a motion, seconded by Commissioner Ellison, to approve the
Consent Agenda except for the set-asides. Roll call was taken and there were ten “Ayes,”
Cooley, Ellison, Holland, DeSeure, Barnes, Miller, Murguia, Mitchell, Kane, Pettey.


Tom G. Roberts, Unified Government Clerk, asked if any members of the Commission
wished to disclose any contacts with proponents or opponents. Commissioner Mitchell stated I
imagine we’ve all received information from Cindy Cash regarding the 500 block of Minnesota.
I think there may be a couple of issues there. Mayor Reardon stated I have had contact with the
applicants on #2955 and #PR-2008-34.


PLANNING & ZONING CONSENT AGENDA
CHANGE OF ZONE APPLICATIONS
ITEM NO. 1 – 080257…CHANGE OF ZONE PETITION #2955 – UNIFIED
GOVERNMENT OF WYANDOTTE COUNTY/KANSAS CITY, KANSAS
ITEM NO. 2 – 080257…PLAN REVIEW #PR-2008-34 - MIKE BELEW/LADCO
DEVELOPMENT
SYNOPSIS: This proposal is for the redevelopment by Ladco Development, Inc. of the eastern
three-fourths of the block bounded by Minnesota Avenue on the north, Armstrong Avenue on the
south, North 5th Street on the east and North 6th Street on the west. This area has been
designated a redevelopment parcel since the 1968 Center City Urban Renewal Project, and is
designated a Catalyst Block in the recently-adopted Downtown Master Plan. The proposed
change of zone is only for the southeast corner of the site, currently occupied by a BP gas station
and zoned CP-2 Planned General Business District. Whether acquired by negotiation or through
eminent domain, the parking structure proposed for this site would be public, owned by the UG.
The remainder of the site is presently zoned C-D Central Business District and would remain
unchanged. The plan review is for the entirety of the proposed development. The Minnesota
Avenue frontage would include two buildings. At the corner of 5th and Minnesota would be a 4-



                                    September 25, 2008
story mixed-use building (Building 1) consisting of retail shops on the ground floor, a fitness
center on the 2nd floor, and office space on the 3rd and 4th floors. To the west, adjacent to the
UMB property, would be a 5-story office building (Building 2). At this point, it is still uncertain
if this building would also have ground floor retail space. The south half of the block would be
occupied by a 2-level parking structure, with the 2nd level at ground level on Armstrong Avenue
and an extension of Building 2 covering the westerly (below grade) portion of the structure.
There would be a single point of access and egress for all of the parking: access to the Armstrong
Avenue parking structure would be from Minnesota Avenue, between Buildings 1 and 2. At the
present time, the UMB facility on the western one-fourth of the block is not part of the
redevelopment proposal. The Planning Commission voted 8 to 0 to recommend approval of
Change of Zone Application #2955 and Plan Review Application #PR-2008-34, subject to:


Urban Planning and Land Use Comments:
1) The proposed project would conform to the intent of the Downtown Master Plan but not to
   some of the conceptual parts of the plan in every detail. Staff believes the deviations to be
   reasonable and minor.
2) A materials palette is required as part of the Final Plan submission. This has now been done.
3) An amenity zone is shown on the plans. Details have now been provided.
4) The Armstrong Avenue bicycle/walking trail on the north side of Armstrong Avenue, linking
   Huron Park to the Woodswether Bridge river crossing, was developed as part of a metro-
   wide trail system, funded through a Federal grant program. The trail may be enhanced or
   widened, but should not be narrowed. Plans now indicate that the trail will remain at 10 feet
   in width, with new landscaping and street lights adjoining.
5) The project area is within the 500’ environs of three (3) properties listed on the Register of
   Historic Kansas Places – old St. Mary’s Catholic Church, the old City Hall, and the Fire
   Headquarters building. Once plans have been approved, a set must be submitted along with
   the proposed change of zone to the Cultural Resources Division, Kansas State Historical
   Society, for SHPO review and approval.
6) The final plat must show the Unified Government ownership of the parking garage and
   potentially another lot. The final plat will ultimately show a two or three lots.
7) The Planning Commission would approve deferred parking for 150 spaces.



                                     September 25, 2008
Public Works comments:
(Change of Zone):
A) Items that require plan revision or additional documentation before Engineering can
   recommend approval:
1) None
B) Items that are conditions of approval (stipulations):
1) Re-plat required.
2) Provide minimal turn bays (utilize existing pavement) at 5th and Minnesota, 6th and
   Minnesota, and at the new facility entrance.
C) Comments that are not critical to Engineering’s recommendations for this specific submittal,
   but may be helpful in preparing future documents.


(Plan Review)
A) Items that require plan revision or additional documentation before engineering can
   recommend approval:
1) Provide templates for fire trucks exiting station and turning north or south onto 6th Street.
2) Adjust medians in Minnesota Ave. to allow a short left turn stacking bay for the turn into the
   BPU parking garage.
3) Additional traffic analysis is required. Provide turning movements at all intersections around
   perimeter. Analyze geometry of area, turning, etc.
4) The County Surveyor makes separate technical review of final plat and submits comments
   directly to the preparer of the plat.
5) Final plat requires construction drawing review. Because alignment and easement
   requirements of roads and sewers may affect the final plat, Engineering Division will not
   recommend approval of the final plat until the construction drawings for public infrastructure
   are approved.
6) Additional traffic analysis is required. Provide turning movements at all intersections around
   perimeter. Analyze geometry of intersection, alignment of through and turn lanes, turning
   volumes, etc.




                                      September 25, 2008
Mayor Reardon opened the public hearing. No one appeared.


Mayor Reardon closed the public hearing.


Action:        Commissioner Pettey made a motion, seconded by Commissioner Miller, to
               approve Change of Zone Application #2955, subject to the stipulations. Roll
               call was taken and there were ten “Ayes,” Cooley, Ellison, Holland, DeSeure,
               Barnes, Miller, Murguia, Mitchell, Kane, Pettey.


Mayor Reardon opened the public hearing for Item No. 2, PR-2008-34. No one appeared.


Mayor Reardon closed the public hearing.


Commissioner Barnes asked upon approval of Item No. 2, this is just a set of plans only, is that
correct? Mr. Hays stated correct. Commissioner Barnes asked this does not indicate any
approval of any such agreement relating to the development of that site? Mr. Hays stated that is
correct. This is not a development agreement. This is not a financing package. This goes back
to the nature of planning and zoning, is this an appropriate land use and is this plan appropriate
for how you just zoned this property. Commissioner Barnes asked nothing beyond that. Mr.
Hays stated that is correct.


Action:        Commissioner Miller made a motion, seconded by Commissioner Ellison, to
               approve Plan Review #PR-2008-34, subject to the stipulations. Roll call was
               taken and there were ten “Ayes,” Cooley, Ellison, Holland, DeSeure, Barnes,
               Miller, Murguia, Mitchell, Kane, Pettey.


SPECIAL USE PERMIT APPLICATIONS
ITEM NO. 1. - 060289…SPECIAL USE PERMIT APPLICATION #SP-2008-39 - DAVID
MILLER/D-N LIMITED PARTNERSHIP
SYNOPSIS: Renewal of a Special Use Permit for a crematory at 949 North 41st Street. This is
a request to renew a special use permit for a crematory in an existing building at 949 North 41st



                                    September 25, 2008
Street for the Highland Park Cemetery. Before the original special use permit, the building was
an accessory structure to a residence; the residence is now gone. The building in which the
crematory is located is over one thousand (1,000) feet from the nearest residence which is
located to the south and west. It is 35’ from the existing Highland Park Funeral Home, but
directly adjacent to the cemetery maintenance building. The crematory would primarily serve
customers who will also have services conducted at the funeral home or where the deceased
person is in the area, but will have a service a considerable distance away, for instance, Wichita.
For this reason the anticipated volume is relatively low. The original maximum number of
cremations a year was set at five hundred (500). The total number of cremations that have
occurred during the special use permit is 83, well below the 1,000 allowed during the two year
time period. The Planning Commission voted 8 to 0 to recommend approval of Special Use
Permit #SP-2008-39, subject to:


Urban Planning and Land Use Comments:
The Staff recommends approval subject to the stipulations set out in the 2006 approval:
1. Limit the facility to no more than 500 cremations a year.
2. Assure that the equipment uses the best available technology for its scale and is updated
   appropriately if the best available technology changes over time.
3. The Special Use Permit would be approved for a period of ten (10) years.


Action:        Commissioner Mitchell made a motion, seconded by Commissioner Ellison,
               to approve Special Use Permit #SP-2008-39, subject to the stipulations. Roll
               call was taken and there were ten “Ayes,” Cooley, Ellison, Holland, DeSeure,
               Barnes, Miller, Murguia, Mitchell, Kane, Pettey.


ITEM NO. 2 – 060048…SPECIAL USE PERMIT #SP-2008-40 – KEVINANNE AND
JOSH TAYLOR
SYNOPSIS: Special Use Permit for a kennel for three (3) dogs at 4312 Booth Street.
Kevinanne and Josh Taylor are applying for a special use permit in order to keep three (3) dogs
on their property. The petitioners have a fenced-in back yard, which although somewhat small,
is adequate space for the dogs. As long as care is taken to clean up the waste from the dogs this



                                    September 25, 2008
should not be an issue. The Planning Commission voted 8 to 0 to recommend approval of
Special Use Permit #SP-2008-40, subject to:


Urban Planning and Land Use Comments:
1. The applicant shall keep the fence properly maintained to keep the dogs from getting out.
2. The number of dogs on the premises shall never be more than three (3). If one of the dogs
   should happen to perish, be lost or stolen, then the number of dogs on the property should
   remain at two (2). Ultimately the goal is to have no more than two (2) dogs on the property.
3. The yard should be cleaned regularly to avoid odors from waste.
4. The special use permit should be approved for a period of two (2) years.


Action:       Commissioner Miller made a motion, seconded by Commissioner Ellison, to
              approve Special Use Permit #SP-2008-40, subject to the stipulations. Roll call
              was taken and there were ten “Ayes,” Cooley, Ellison, Holland, DeSeure, Barnes,
              Miller, Murguia, Mitchell, Kane, Pettey.


ITEM NO. 3 – 080259…SPECIAL USE PERMIT #SP-2008-41 – ADRIANA RAMOS
SYNOPSIS: Special Use Permit to keep four (4) horses at 4717 Sloan Avenue. Ms. Ramos is
seeking a special use permit to board and pasture 4 horses on the property at 4717 Sloan. Ms.
Ramos does not live at 4717 Sloan; she used the lot to store her horses. Previously the four
horses had been illegally boarded and pastured on the property. The Fire Department responded
to a report of a fire on the property and found a dead horse buried underneath a pile of burning
roof shingles. Animal Control was notified and found that the use of the property as horse
pasture was illegal because the land was zoned R-1 Single Family District and the lot was less
than five (5) acres in area. Animal Control also found that the condition of the property was not
what it should be in order to properly care for horses. If a special use permit is granted Ms.
Ramos would be able to bring her horses back to the property. Ms. Ramos testified at the
September 8, 2008 hearing that the horse in the fire belonged to a neighbor and the neighbor paid
for the removal of the horse. The Planning Commission voted 8 to 0 to recommend denial of
Special Use Permit #SP-2008-41.




                                    September 25, 2008
Adriana Ramos, 3018 N. 40th St., Kansas City, KS, stated I have presented the special use
permit to allow us to keep four horses on this property. Two of the horses my daughter use for
4H and we have had those four horses on the property for four years. They’ll be starting their
third year in 4H and they are involved in the horse project. We had a problem last year with a
horse being dumped on our property and that was out of our hands because it wasn’t our horse
and it wasn’t boarded on our property. We take good care of our horses and they are stalled
horses and not pastured horses. For my the horses to be in 4H and for the county fair, they have
to be up to date with their vaccines and current testing of diseases and we have all of that. If I’m
not able to keep the four horses there, can we keep two of them on the property.


Commissioner Barnes asked was there a recommendation from staff on this? Mr. Richardson
stated the recommendation was for denial. Commissioner Barnes asked on what basis? Mr.
Richardson stated there were four comments on page five of the staff opinion. One is that four
horses on 1.87 acres is probably not sustainable. The lot is poorly maintained and we had a
recommendation from Animal Control that dealt with some of the same issues as well as the fire
that she mentioned. The fourth is that if this were to be approved, they would be required to
comply with any new livestock ordinance. You might recall, last month we had a similar issue,
it was approved with that stipulation. However, I think the conditions here are different than
they were at that location. Commissioner Barnes stated the conditions are different and that’s
mainly based on those four issues that you brought up? Mr. Richardson stated yes sir.


Commissioner Barnes asked the horse that got burned on your property, you say you don’t
know whose it was? Mrs. Ramos stated now we know, but then when it happened we didn’t
have any idea. I had to take care of the disposal and everything. I was reimbursed for what I had
been through. We could’ve prosecuted, but we didn’t. Commissioner Barnes asked you didn’t
turn them in? Mrs. Ramos stated no. Commissioner Barnes asked in order to overturn the
decision of the Planning and Zoning board, you have to have eight votes? Delia York, Legal
Counsel, stated yes.


Mayor Reardon opened the public hearing. No one appeared.
Mayor Reardon closed the public hearing.



                                     September 25, 2008
Mrs. Ramos stated I want them to take in consideration that I’m doing this for my daughters so
they can continue in 4H. They want to continue that and if they’re not allowed to have the
horses, then they won’t be able to continue to be in 4H. Commissioner Barnes stated I
understand this is a worthy cause and you’re interested in doing this for your children. I would
like to see that happen for you. We had another issue come before us similar to this and I fought
very hard to make things work for that individual. I had the confidence that individual had
shown more responsibility when it came to his animals and the property. I think there is a
learning curve and one being you need to understand what the requirements of the city are when
it comes to housing your animals. The other part I find some displeasure in is you found out who
came to your property and burned a horse and you chose not to prosecute that person. That
concerns me. Mrs. Ramos stated that horse had died on that property and we had trash burning
there and they found it easy to dump it there. Commissioner Barnes asked if she wanted to do
two horses, would that property supports two horses? Mr. Richardson stated depending on how
they dealt with waste disposal, it’s possible. Commissioner Barnes stated this application is
doomed and you really would need to do another application for a lesser number of horses with
those instructions of what you have to do to bring the property up to speed and do so. I couldn’t
see myself supporting this particular application with the four horses. In order for us to change
that, we would have to have a lot of changes in place to make that happen.


Action:        Commissioner Barnes made a motion, seconded by Commissioner DeSeure,
               to deny Special Use Permit #SP-2008-41.


Commissioner Holland stated I’m sympathetic to your situation and I would have a hard time
approving a special use permit for a property that is in violation of other codes. I don’t envision
that happening. I would have to see the situation, but one of the criteria I look at for special use
permits is are they respecting the other laws and things we have in place and it shows on here
that there are a number of violations of other codes. That would be a recommendation for my
support in the future.




                                     September 25, 2008
Roll call was taken and there were nine “Ayes,” Cooley, Ellison, Holland, DeSeure, Barnes,
Murguia, Mitchell, Kane, Pettey. Commissioner Miller voted no.


ITEM NO. 4 – 080260…SPECIAL USE PERMIT #SP-2008-42 – ISAAC D. WRIGHT
SYNOPSIS: Special Use Permit for a home occupation for a barber shop at 2327 North 83rd
Lane. The applicant seeks a special use permit for a home occupation barber shop. The barber
shop would operate on a “by appointment only basis.” Mr. Wright would only take customers
during normal business hours. The Planning Commission voted 8 to 0 to recommend approval
of Special Use Permit #SP-2008-42, subject to:


Urban Planning and Land Use Comments:
1. No signs.
2. No employees other than members of the immediate family residing on the premises.
3. No more than two (2) clients at any one time.
4. Hours of operation being 9:00 a.m. to 6:00 p.m.
5. Approval period for two (2) years.


Action:        Commissioner Miller made a motion, seconded by Commissioner Ellison, to
               approve Special Use Permit #SP-2008-42. Roll call was taken and there were
               ten    “Ayes,” Cooley, Ellison, Holland, DeSeure, Barnes, Miller, Murguia,
               Mitchell, Kane, Pettey.


VACATION APPLICATIONS
ITEM NO. 1 – 080261…VACATION APPLICATION #R/W-2008-5 – DAVID
LUTJEN/MCAFEE HENDERSON SOLUTIONS
SYNOPSIS: Vacation of right-of-way at 5142 Swartz Road.            David Lutjen on behalf of
McAfee Henderson Solutions and the Turner School District USD 202 is asking for a vacation of
right-of way on the site of the current Turner athletic fields. The right-of-way in question is
South 52nd Terrace, which was originally platted as 4th Street in the 1940 resurvey of the
Panorama Heights Subdivision. There is no specific mention in the Panorama Heights
Subdivision restrictions that would prohibit a vacation in this instance.       The Planning



                                    September 25, 2008
Commission voted 8 to 0 to recommend approval of Right-Of-Way Vacation Application R/W-
2008-5.


Action:       Commissioner Mitchell made a motion, seconded by Commissioner Ellison,
              to approve Vacation Application #R/W-2008-5. Roll call was taken and there
              were ten “Ayes,” Cooley, Ellison, Holland, DeSeure, Barnes, Miller, Murguia,
              Mitchell, Kane, Pettey.


PLAN REVIEW APPLICATIONS
ITEM NO. 1 – 080265…PLAN REVIEW #PR-2008-37 – KATIE LYONS/CIVIL
ENGINEERING DESIGN
SYNOPSIS: Preliminary and Final Plan Review for two (2) two-sided canopies at 2103 South
88th Street. The applicant, Rich Millman, wants to construct two (2) two-sided outdoor canopy
sheds to store lumber. Mr. Millman plans on building these canopies on .41 acre of the total
39.69 acres. The Planning Commission voted 8 to 0 to recommend approval of Plan Review
Application #PR-2008-37:


Action:       Commissioner Mitchell made a motion, seconded by Commissioner Ellison,
              to approve Plan Review #PR-2008-37. Roll call was taken and there were ten
              “Ayes,” Cooley, Ellison, Holland, DeSeure, Barnes, Miller, Murguia, Mitchell,
              Kane, Pettey.


ITEM NO. 2 – 080266…PLAN REVIEW #PR-2008-39 – ANDY NOLL/BHC RHODES
SYNOPSIS: Preliminary and Final Plan Review for Douglass/Central Elementary School for a
building addition and drop-off lane at 1310 North 9th Street. Andy Noll with BHC Rhodes is
representing the Kansas City, Kansas Public Schools in their request to construct a 19,529 square
foot building addition to Douglass/Central Elementary School. The Planning Commission voted
8 to 0 to recommend approval of Plan Review Application #PR-2008-39 subject to:


Urban Planning and Land Use Comments:




                                    September 25, 2008
Historical designation issues:
This project is within 500 feet of a building listed on the Register of Historic Kansas Places, (Dr.
A. Porter Davis Residence (Castle Rock)). According to the State, any building demolished,
constructed or remodeled within 500 feet must be reviewed by the State Historic Preservation
Officer (SHPO). That review was completed and approved.


Loop drop off drive
The loop drop off lane on the northeast corner of the property creates some problems with traffic
flow and creates some conflict between vehicles and pedestrians. Staff is not against the idea of
a drop off area; we just believe that there is a more efficient way for it to be designed.


Public Works comments:
A) Items that require plan revision or additional documentation before engineering can
    recommend approval:
    1) None
B) Items that are conditions of approval (stipulations):
    1) Working out the drop off lane with Public Works.
C) Comments that are not critical to engineering’s recommendations for this specific submittal,
    but may be helpful in preparing future documents:
    1) Erosion control drawings are required and will be reviewed during building permitting
       process.
    2) Storm sewer must discharge to a stream, a public storm sewer or a level header. The at-
       grade discharge shown must be modified for construction drawing review.


Action:        Commissioner Mitchell made a motion, seconded by Commissioner Ellison,
               to approve Plan Review #PR-2008-39, subject to the stipulations. Roll call
               was taken and there were ten “Ayes,” Cooley, Ellison, Holland, DeSeure, Barnes,
               Miller, Murguia, Mitchell, Kane, Pettey.




                                      September 25, 2008
ITEM NO. 3 – 080267…PLAN REVIEW #PR-2008-40 – ANDY NOLL/BHC RHODES
SYNOPSIS: Preliminary and Final Plan Review for Frances Willard Elementary School for a
building addition and parking at 3400 Orville Avenue.          Andy Noll with BHC Rhodes is
representing the Kansas City, Kansas Public Schools in their request to construct a 32,636 square
foot building addition and 108 parking spaces to Frances Willard Elementary School. The
Planning Commission voted 8 to 0 to recommend approval of Plan Review Application #PR-
2008-40, subject to:


Public Works comments:
A) Items that require plan revision or additional documentation before engineering can
    recommend approval:
    1) Show sanitary service to building.
    2) Storm water detention is required. Provide plans showing proposed detention location.
B) Items that are conditions of approval (stipulations):
    1) None
C) Comments that are not critical to engineering’s recommendations for this specific submittal,
    but may be helpful in preparing future documents:
    1) Parking lot cross slope is too steep.
    2) Current B&B planting recommendations from K-State research and extension:


Remove soil at the top of the B&B rootball to expose the root flare (the enlarged or swollen area
where the large lateral roots emerge) and plant with the root flare level with the surrounding soil.
Common nursery practice heaps loose soil at the top of the rootball before wrapping; therefore
planting level with the top of the rootball will result in planting too deep. A good portion of
transplant losses result from oxygen deprivation, caused by placing the root flare too deep in the
soil, where the oxygen supply is smaller.


The planting hole should not be deeper than the bottom of the rootball - measure the depth from
the actual root flare to the bottom of the rootball. Dig the hole to that depth, no deeper, while
also digging it two to three times as wide as the rootball.




                                      September 25, 2008
All wire, twine and canvas (natural or synthetic) should be removed from the rootball. Fill soil
should be soil from the planting hole – amended soil will discourage roots from venturing
beyond the planting hole and delay maturation or affect long term anchorage of the tree. If
amendments are required, they should be applied to the entire planting bed not the individual
planting hole.


A soil berm to create a watering pit is encouraged. Water and mulch the tree. Mulch is
encouraged to retain moisture and eliminate the need for mowers/string trimmers near the tree
that could injure tree bark. Mulch depth should be 3 to 4 inches, tapering to zero near the trunk -
mulch at the trunk, especially a deep mulch cone conserves too much moisture and leads to
disease.


Staking shrubs is discouraged. Staking trees is encouraged if the site is exposed to windy
conditions. The purpose of staking is to prevent movement of the lower trunk and root system.
Do not stake a tree any longer than necessary. Ties and stakes should be removed within one or
two growing seasons.

Action:          Commissioner Mitchell made a motion, seconded by Commissioner Ellison,
                 to approve Plan Review #PR-2008-40, subject to the stipulations. Roll call
                 was taken and there were ten “Ayes,” Cooley, Ellison, Holland, DeSeure, Barnes,
                 Miller, Murguia, Mitchell, Kane, Pettey.


MISCELLANEOUS-PLANNING AND ZONING
ITEM NO. 1 – 080221…ORDINANCE
SYNOPSIS: vacating utility easements (#U-2008-3) at 2929 North 103rd Terrace


Action:          ORDINANCE NO. O-69-08, “An ordinance vacating a portion of the existing 15
                 feet wide utility easement that lies along the southerly line of Lot 7-B, Woodlands
                 West Commercial Development, a subdivision of land in Kansas City, Wyandotte
                 County, Kansas, described as follows; Beginning at the southwest corner of said
                 lot 7-B said southwest corner also being the most easterly corner of Lot 1-E;



                                      September 25, 2008
             Thence north 11 degrees 51 minutes 13 seconds east, 15.44 feet, to a point on the
             notherly line of said easement; Thence north 64 degrees 22 minutes 12 seconds
             west, along said northerly line, 122.78 feet; Thence north 39 degrees 52 minutes
             03 seconds west, 25.73 feet, to a point on the easterly right of way line of 103rd
             Street; Thence south 56 degrees 00 minutes 29 seconds west, along said easterly
             right of way line, 15.08 feet, to the most westerly corner of said Lot 7-B; Thence
             south 39 degrees 52 minutes 03 seconds east, along said southerly line of Lot 7-B,
             30.53 feet; Thence south 64 degrees 22 minutes 12 seconds east, continuing along
             said southerly line, 129.71 feet, to the point of beginning. Bearings are based on
             assumed data. Located at approximately 2929 North 103rd Terrace, Kansas City,
             Kansas.” Commissioner Mitchell made a motion, seconded by Commissioner
             Ellison, to approve the ordinance. Roll call was taken and there were ten
             “Ayes,” Cooley, Ellison, Holland, DeSeure, Barnes, Miller, Murguia, Mitchell,
             Kane, Pettey.


ITEM NO. 2 – 040135…ORDINANCE
SYNOPSIS: vacating a street (#S-2008- 2) 1901 West 39th Street


Action:      ORDINANCE NO. O-70-08, “An ordinance vacating the remaining portion of
             Cambridge Street between Olathe Boulevard and 39th Avenue also being a tract of
             land in the northwest quarter of Section 35, Township 11 South, Range 25 East of
             the Sixth Principal Meridian, in Kansas City, Wyandotte County, Kansas, being
             more particularly described as follows; Beginning at the southeast corner of Lot
             113, as platted in Muehlebach Place on July 17, 1913, a recorded subdivision in
             Book 12, at Page 26, in the Register of Deeds Office of Wyandotte County,
             Kansas, also being a point on the Westerly right-of-way of Cambridge Avenue as
             platted in said Muehlebach Place; thence Northerly along the westerly right-of-
             way of said Cambridge Avenue, also being easterly line of said Lot 113 and Lot
             112 of said Muehlebach Place, a distance of 170 feet to the southeast corner of
             Lot 111 of said Muehlebach Place; thence easterly along the southerly line of
             vacated Cambridge Avenue by Ordinance No. 52062 dated July 3, 1973, a



                                  September 25, 2008
              distance of 50 feet to the southwest corner of Lot 84 of said Muehlebach Place,
              said point also being on the easterly right-of-way of said Cambridge Avenue;
              thence southerly along the Easterly right-of-way of said Cambridge Avenue, also
              being the westerly line of Lot 83 and Lot 82 of said Muehlebach Place, a distance
              of 170 feet to the southwest corner of said Lot 82, also being on the northerly
              right-of-way line of Olathe Blvd. as platted in said Muehlebach Place; thence
              westerly along the prolongation of the northerly right-of-way line of Olathe Blvd.
              a distance of 50 feet to the point of beginning, containing 8,500 square feet or
              .195 acres, more or less.” Commissioner Mitchell made a motion, seconded by
              Commissioner Ellison, to approve the ordinance. Roll call was taken and there
              were ten “Ayes,” Cooley, Ellison, Holland, DeSeure, Barnes, Miller, Murguia,
              Mitchell, Kane, Pettey.


ITEM NO. 3 – 060160…ORDINANCE
SYNOPSIS: rezoning property at 10824 Parallel Parkway (#2883) from A-G Agriculture
District to CP-2 Planned General Business District.


Action:       ORDINANCE NO. O-71-08, “An ordinance rezoning property hereinafter
              described, located at approximately 10824 Parallel Parkway in Kansas City,
              Kansas, by changing the same from its present zoning of A-G Agriculture District
              to CP-2 Planned General Business District.” Commissioner Mitchell made a
              motion, seconded by Commissioner Ellison, to approve the ordinance. Roll
              call was taken and there were ten “Ayes,” Cooley, Ellison, Holland, DeSeure,
              Barnes, Miller, Murguia, Mitchell, Kane, Pettey.


PLANNING & ZONING NON-CONSENT AGENDA
CHANGE OF ZONE APPLICATION
ITEM NO. 1. - 080258…CHANGE OF ZONE APPLICATION #2958 – BRETT
NAPIER/LEVEL 4 ENGINEERING
SYNOPSIS: Change of Zone from R-1 Single Family District to MP-2 Planned General
Industrial District for an office and equipment shop at 7704 South 73rd Street. The property



                                    September 25, 2008
owner, Midland Wrecking, wants to build an office and maintenance shop on the property. The
basis for the shop area is to do minimal maintenance on the vehicles that will be doing work,
such as changing tires. The Planning Commission voted 5 to 4 to recommend denial of Change
of Zone Petition #2957 due to possible containment to the water supply and the lack of a failsafe
to prevent contamination:


Mayor Reardon stated we have received some additional information concerning this item and
I’m going to ask Mr. Richardson to address it.


Mr. Richardson stated both the applicant and those in opposition of this application request that
this item be sent back to the Planning Commission so they can meet with staff and work out an
implacable solution for both parties before it comes back to this body. The applicant is here to
affirm that if you like and you have an email from the WaterOne. Commissioner Pettey asked
is that going back to the next Planning meeting. Mr. Richardson stated either October or
November depending on how fast we can get something worked out.          I’m going to schedule a
meeting with both parties on Monday. Some of the issues are pretty difficult and I’m not sure
we can make all the arrangements quickly enough to make the October agenda, but we’ll try.
Commissioner Pettey stated so send it back to Planning without a timeline? Mr. Richardson
stated it would be October or November, but it wouldn’t extend beyond that.


Mayor Reardon asked we don’t have to have a hearing if we’re going to send it back, correct?
Ms. York, Legal Counsel, stated do they want to hold it over at this level or do they want it sent
back to the Planning Commission? Mr. Richardson stated we’ve discussed sending it back to
the Planning Commission because I think the application could change substantially and it
should probably be heard by the Planning Commission again. Ms. York stated just refer it back.
You don’t have to have a public hearing.


Action:        Commissioner Cooley made a motion, seconded by Commissioner Ellison, to
               refer Change of Zone Application #2958 back to the Planning Commission.
               Roll call was taken and there were ten “Ayes,” Cooley, Ellison, Holland,
               DeSeure, Barnes, Miller, Murguia, Mitchell, Kane, Pettey.



                                    September 25, 2008
NON-PLANNING AGENDA
ITEM NO. 1 - 080248…6 RESOLUTIONS
SYNOPSIS: Authorizing certain improvements and providing for the manner of paying for the
same, submitted by Ken Moore, Legal. On September 2, 2008, the Economic Development and
Finance Standing Committee, chaired by Commissioner DeSeure, voted unanimously to approve
and forward to the full commission on September 25, 2008.


CMIP #1291 - Neighborhood Curbs and Sidewalks
CMIP #1307 - Railroad Crossings
CMIP #1308 - Street Lighting Systems
CMIP #3302 - Street Traffic Signal Systems (Pedestrian Signalization)
CMIP #3303 - Street Traffic Signal Systems
CMIP #3328 - State Ave., 38th – 65th


Mayor Reardon stated we can entertain a motion on all six resolutions together. These are
authorizing improvements. At our last meeting we had a companion motion that set these
forward as projects and approved their funding. This simply authorizes the improvements
themselves.


Action:       RESOLUTION NO. R-139-08, “A resolution authorizing certain main
              trafficway improvements necessary to remove and replace curbs, sidewalk, and
              driveway approaches for Metropolitan Avenue 22nd St to 32nd Street – south side only,
              14th Street Metropolitan Avenue to Ruby Avenue – east side only, 14th Street – Ruby
              Avenue to Elmwood Avenue – both sides, 14th Street – Elmwood Avenue to Lawrence
              Avenue – west side only, 14th Street – Lawrence Avenue to Douglas Avenue – both sides.
              The Unified Government expects to make capital expenditures in connection with the
              Improvements after the date of this Resolution and intends to reimburse itself for such
              expenditures with the proceeds of general obligation bonds and/or temporary notes in an
              amount not to exceed $150,000, plus capitalized interest and costs of issuance.” (CMIP
              #1291) Commissioner DeSeure made a motion, seconded by Commissioner
              Pettey, to adopt the resolution. Roll call was taken and there were ten “Ayes,”


                                    September 25, 2008
          Cooley, Ellison, Holland, DeSeure, Barnes, Miller, Murguia, Mitchell, Kane,
          Pettey.


Action:   RESOLUTION NO. R-140-08, “A resolution authorizing certain main
          trafficway improvements.      The governing body hereby determines that it is
          necessary to make the following improvements, engineer, design and construct
          improvements to the railroad crossing and the approach pavement in the
          immediate area of the railroad crossing located at Donovan Road approximately
          250 feet east of Fairfax Trafficway. The Unified Government expects to make
          capital expenditures in connection with the Improvements after the date of this
          Resolution and intends to reimburse itself for such expenditures with the proceeds
          of general obligation bonds and/or temporary notes in an amount not to exceed
          $35,000, plus capitalized interest and costs of issuance.” (CMIP #1307)
          Commissioner DeSeure made a motion, seconded by Commissioner Pettey, to
          adopt the resolution. Roll call was taken and there were ten “Ayes,” Cooley,
          Ellison, Holland, DeSeure, Barnes, Miller, Murguia, Mitchell, Kane, Pettey.


Action:   RESOLUTION NO. R-141-08, “A resolution authorizing certain main
          trafficway improvements.      The governing body hereby determines that it is
          necessary to replace or upgrade the street lighting systems including poles,
          luminaries, photo cells, conduit, and other minor appurtenances necessary for the
          erection of the street lights at 7th Street Bridge over Turkey Creek, 7th Street
          from Central Avenue to Tauromee Avenue, 7th Street from Quindaro Blvd to
          Manor Crest Drive, and 18th Street from Quindaro Blvd. to K-5 Highway. The
          Unified Government expects to make capital expenditures in connection with the
          Improvements after the date of this Resolution and intends to reimburse itself for
          such expenditures with the proceeds of general obligation bonds and/or temporary
          notes in an amount not to exceed $70,000, plus capitalized interest and costs of
          issuance.” (CMIP #1308) Commissioner DeSeure made a motion, seconded by
          Commissioner Pettey, to adopt the resolution. Roll call was taken and there




                               September 25, 2008
          were ten “Ayes,” Cooley, Ellison, Holland, DeSeure, Barnes, Miller, Murguia,
          Mitchell, Kane, Pettey.


Action:   RESOLUTION NO. R-142-08, “A resolution authorizing certain main
          trafficway improvements. The governing body hereby determines that it is
          necessary to make the following improvements, design, construct, replace or upgrade
          the traffic signal interconnect conduit running along 29th Street from Minnesota Avenue to
          State Avenue, design, construct and install a Traffic Detection System for 38th Street and
          Park Drive, design, construct and install a Traffic Detection System for 41st Terrace and
          State Avenue, design, construct and install ITS Cabinets on Parallel Parkway at 63rd
          Street, 55th Street, and 47th Street, and design, construct, repair and improve intersection
          retaining walls along State Avenue 600 feet east and west of the intersection of State
          Avenue and 29th Street. The Unified Government expects to make capital expenditures in
          connection with the Improvements after the date of this Resolution and intends to
          reimburse itself for such expenditures with the proceeds of general obligation bonds
          and/or temporary notes in an amount not to exceed $250,000, plus capitalized interest and
          costs of issuance.” (CMIP #3302)         Commissioner DeSeure made a motion,
          seconded by Commissioner Pettey, to adopt the resolution. Roll call was
          taken and there were ten “Ayes,” Cooley, Ellison, Holland, DeSeure, Barnes,
          Miller, Murguia, Mitchell, Kane, Pettey.


Action:   RESOLUTION NO. R-143-08, “A resolution authorizing certain improvements
          to street traffic signal systems and related infrastructure. The governing body
          hereby determines that it is necessary to acquire and install Intelligent Transportation
          System devices at 130th and K-7, I-70 and K-7, and Kansas Ave and K-7, acquire and
          install network connection equipment at the KDOT Bonner Springs Office and at the
          KTA tower site at I-70 & K-7, acquire and install Traffic Detection System for 7th &
          Kansas,   design construct and install a signal system at K-7 & Polfer Rd, design,
          construct and install a signal system at 7th & Quindaro, acquire and install traffic signal
          equipment related to the intersection at 7th & Quindaro, controller cabinet for Sunflower
          Lane & Village West Parkway.          The Unified Government expects to make capital
          expenditures in connection with the Main Trafficway Improvements and the Charter
          Ordinance Improvements prior to the issuance of the general obligation bonds and


                                 September 25, 2008
              temporary notes. The Unified Government reasonably expects to reimburse all
              expenditures in connection with the Main Trafficway Improvements and the Charter
              Ordinance Improvements from the proceeds of the general obligation bonds and
              temporary notes. This declaration is a declaration of official intent of the Unified
              Government. The maximum principal amount of debt expected to be issued for the Main
              Trafficway Improvements and the Charter Ordinance Improvements is expected to be
              $275,000, plus capitalized interest and cost of issuance.”         (CMIP #3303)
              Commissioner DeSeure made a motion, seconded by Commissioner Pettey, to
              adopt the resolution. Roll call was taken and there were ten “Ayes,” Cooley,
              Ellison, Holland, DeSeure, Barnes, Miller, Murguia, Mitchell, Kane, Pettey.


Action:       RESOLUTION NO. R-144-08, “A resolution authorizing certain main
              trafficway improvements.     The governing body hereby determines that it is
              necessary to make the following improvements, design, construct, replace or
              upgrade the traffic control systems on State Avenue at the intersections of 65th
              Street, 62nd Place, 62nd Street, 57th Street, 55th Street, 50th Street, 47th Street,
              41st Terr., 38th Street, and the Northbound and Southbound I-635 ramps; and to
              replace interconnect conduit along State Ave from 38th Street to 65th Street, all in
              the City.   The Unified Government expects to make capital expenditures in
              connection with the improvements after the date of this resolution and intends to
              reimburse itself for such expenditures with the proceeds of general obligation
              bonds and/or temporary notes in an amount not to exceed $1,239,500, plus
              capitalized interest and costs of issuance. (CMIP #3328)            Commissioner
              DeSeure made a motion, seconded by Commissioner Pettey, to adopt the
              resolution. Roll call was taken and there were ten “Ayes,” Cooley, Ellison,
              Holland, DeSeure, Barnes, Miller, Murguia, Mitchell, Kane, Pettey.


ITEM NO. 2 - 080278…RESOLUTION
SYNOPSIS: Setting a public hearing date of October 30, 2008, to consider the expansion of the
current Gateway TIF District for inclusion of the 500 Block of Minnesota Avenue, which will be
part of a new downtown office project, submitted by Doug Bach, Deputy County Administrator.



                                   September 25, 2008
Mayor Reardon stated we’ve discussed this resolution during Planning and Zoning. This will
set a public hearing date to consider the expansion of the current Gateway TIF District.


Doug Bach, Deputy County Administrator, stated we’re asking the commission to consider a
public hearing for discussing the Gateway Gardens Redevelopment District expansion. This
addition adds Project Area III to the Gateway Gardens Area TIF. On the design before you, we
have area one, which was the original area in which this project started in 1994. Area II has
expanded up to the north. Area III is the area that would be under the public hearing on October
30. The purpose of this expansion is to provide funds to build a public parking garage and to pay
for related infrastructure around this area and any land acquisition that would be acquired in this
area as well.


Commissioner Barnes left the meeting at 7:36 pm.


Action:         RESOLUTION NO. R-145-08, “A resolution setting October 30, 2008 as a
                Public Hearing to consider the expansion of the current Gateway Gardens TIF
                District for inclusion of the 500 Block of Minnesota Avenue Original
                Redevelopment District.” Commissioner Miller made a motion, seconded by
                Commissioner Mitchell, to approve the ordinance. Roll call was taken and
                there were nine “Ayes,” Cooley, Holland, DeSeure, Miller, Murguia, Mitchell,
                Kane, Pettey. Commissioner Ellison abstained. (An abstention in voting shall be
                recorded as an affirmative vote)


Commissioner Barnes returned to the meeting at 7:38 pm.


ITEM NO. 3 - 980266…VOTING DELEGATES
SYNOPSIS: Selection of voting and alternate voting delegates for the 100th Annual conference
                of the League of Kansas Municipalities to be held October 11–14, 2008, in
                Wichita, KS.




                                     September 25, 2008
Action:       Commissioner Pettey made a motion, seconded by Commissioner DeSeure, to
              approve Commissioners Cooley, Barnes, Miller, Mayor Reardon, Tom
              Roberts, Mike Taylor and Gary Ortiz as voting delegates.


Roll call was taken and there were ten “Ayes,” Cooley, Ellison, Holland, DeSeure, Barnes,
Miller, Murguia, Mitchell, Kane, Pettey.




                                    MAYOR REARDON
                       ADJOURNED THE MEETING AT 7:45 P.M.
                                   SEPTEMBER 25, 2008


                                                 __________________________
                                                 Tom G. Roberts, CMC
                                                 Unified Government Clerk


tdw




                                    September 25, 2008
STATE OF KANSAS         )                            REGULAR SESSION
WYANDOTTE COUNTY        )) SS                        THURSDAY, OCTOBER 2, 2008
CITY OF KANSAS CITY, KS )



        The Unified Government Commission of Wyandotte County/Kansas City, Kansas, met in
regular session Thursday, October 2, 2008, with eleven members present:            Holland,
Commissioner At-Large First District; DeSeure, Commissioner At-Large Second District;
Barnes, Commissioner First District; Miller, Commissioner Second District; Murguia,
Commissioner Third District; Mitchell, Commissioner Fourth District; Kane, Commissioner
Fifth District; Pettey, Commissioner Sixth District; Cooley, Commissioner Seventh District;
Ellison, Commissioner Eighth District; and Reardon, Mayor/CEO presiding. The following
officials were also in attendance: Dennis Hays, County Administrator; Hal Walker, Legal
Counsel; Tom Roberts, Unified Government Clerk; Gordon Criswell, Assistant County
Administrator; Gary Ortiz, Assistant County Administrator; and Captain Rick Hartzfeld,
Sergeant-at-Arms.


MAYOR REARDON called the meeting to order.


ROLL CALL: Ellison, Holland, DeSeure, Barnes, Miller, Mitchell, Murguia, Kane, Pettey,
Cooley, Reardon.


INVOCATION was given by Reverend David Burnworth, London Heights Baptist Church.


THE AGENDA FOR October 2, 2008, was presented. Mayor Reardon asked if there were
any revisions to the agenda.          Tom Roberts, Unified Government Clerk, stated on the
Commission Agenda, an ordinance relating to the establishment and designation of underground
utility districts is being deleted.
MAYOR’S AGENDA
No items of business


CONSENT AGENDA
Mayor Reardon asked if there were any set-asides on the Consent Agenda. Mayor Reardon
asked to set-aside Item No. 4. Commissioner Kane made a motion, seconded by
Commissioner Mitchell, to approve the Consent Agenda, excluding the set-aside. Roll call
was taken and there were ten “Ayes,” Ellison, Holland, DeSeure, Barnes, Miller, Murguia,
Mitchell, Kane, Pettey, Cooley.


ITEM NO. 1 - 080283… RESOLUTION
Synopsis:       Designating Liberty Bank and Trust Company as an official UG depository and
an eligible institution for purposes of receiving requests for bids for investment of UG idle funds,
submitted by Jack Manahan, Chief Financial Officer. Liberty Bank meets the eligibility criteria
under the Unified Government’s Cash Management and Investment Policy.


Action:        RESOLUTON NO. R-146-08, “A resolution that the Liberty Bank and Trust
               Company currently meets the criteria under applicable state statutes for eligibility
               to receive Unified Government deposits for investment of idle funds and is hereby
               designated as an official Unified Government depository and an eligible
               institution for purposes of receiving request for bids for investment of its idle
               funds as long as such bank meets the eligibility criteria under the Unified
               Government’s Cash Management and Investment Policy.” Commissioner Kane
               made a motion, seconded by Commissioner Mitchell, to adopt the resolution.
               Roll call was taken and there were ten “Ayes,” Ellison, Holland, DeSeure, Barnes,
               Miller, Murguia, Mitchell, Kane, Pettey, Cooley.




                                         October 2, 2008
ITEM NO. 2 – 080286…RESOLUTION
Synopsis:     Setting a public hearing date of November 6, 2008, to consider the 1st amendment
to the I-70/Armstrong TIF District, submitted by LaVert Murray, Director of Development. The
change involves an increase in building size from 120,000 sq. ft. to 150,860 sq. ft. increasing
costs from $3,800,000 to $5,263,112,


Action:       RESOLUTION NO. R-147-08, “A resolution that a public hearing be set for
              November 6, 2008 at 7:00 pm in the Commission Chambers of the Unified
              Government East Building located at 701 N. 7th Street, Kansas City, Kansas to
              hear comments and consider findings necessary for establishment of the proposed
              1st Amendment to the I-70/Armstrong District.” Commissioner Kane made a
              motion, seconded by Commissioner Mitchell, to adopt the resolution. Roll
              call was taken and there were ten “Ayes,” Ellison, Holland, DeSeure, Barnes,
              Miller, Murguia, Mitchell, Kane, Pettey, Cooley.


ITEM NO. 3 – 080282…ORDINANCE
Synopsis:     Authorizing and providing for the establishment of the Downtown Kansas City,
Kansas Municipal Improvement District, submitted by Patrick Waters, Legal. On August 28,
2008, a public hearing was held to receive public comments.


Action:       ORDINANCE NO. O-72-08, “An ordinance authorizing and providing for the
              establishment of the Downtown Kansas City, Kansas Self-Supported Municipal
              Improvement District.” Commissioner Kane made a motion, seconded by
              Commissioner Mitchell, to approve the ordinance. Roll call was taken and
              there were ten “Ayes,” Ellison, Holland, DeSeure, Barnes, Miller, Murguia,
              Mitchell, Kane, Pettey, Cooley.




                                       October 2, 2008
ITEM NO. 4 – 080284…ORDINANCES/RESOLUTIONS
Synopsis:      Request awarding the sale of the following municipal temporary notes and
general obligation bonds, submitted by Jack Manahan, Chief Financial Officer.


$6,415,000 General Obligation Improvement Bonds Series 2008-C (Ordinance)
$6,415,000 General Obligation Improvement Bonds Series 2008-C (Resolution)
$2,100,000 General Obligation Improvement Bonds Series 2008-D (Ordinance)
$2,100,000 General Obligation Improvement Bonds Series 2008-D (Resolution)
$2,755,000 Municipal Temporary Notes Series 2008-VI (Resolution)
$44,945,000 Municipal Temporary Notes Series 2008-VII (Resolution)
$902,299 Taxable Municipal Temporary Notes Series 2008-VIII (Resolution)
$265,000 Taxable Municipal Temporary Notes Series 2008-IX (Resolution)


On September 22, 2008, the Economic Development and Finance Standing Committee, chaired
by Co-Chair Commissioner Barnes, voted unanimously to forward to the full commission.


Jack Manahan, Chief Financial Officer, stated we did take bids this morning on two bond
issues and four temporary note issues. We had good competition on the bond issues and also in
most cases the temporary note issues. Obviously, the markets are in turmoil and we did receive
higher bids than we would have hoped, but we feel very good about them.
       The taxable $2.1 million bond issue is going to Stifel, Nicoolasu & Co., Nicholas and the
true interest rate is 6.531%.
       The tax exempt bond issue, $6.4 million, went to a consortion lead by George K. Baum at
5%.
       There were four temporary note issues. One was a tax exempt issue of $2.7 million and
that went to Commerce Bank at 2.984%. Last spring we were in the 2.3% area. The large issue
on the tax exempt notes of $44.9 million, that recommendation is Citigroup Global Markets at
5.072%. This was a particular concern because of capitalized interest that would be coming due
next September. As a result, we are having to resize the issue from $44.9 million to $45.5
million because of that additional interest that would be coming due. However, in terms of the
market, it’s purely a market issue. We had a good rating on our notes from Standard and Poor’s,


                                       October 2, 2008
an SP1+ which is the highest temporary note rating that they give. The $902,000 taxable came
in at 4.84% to Dewaay Financial Network. On the $265,000 to United Missouri Bank at
3.225%. We would recommend all of these bids.


Dave MacGilliray, Chairman, Springsted, stated we started this process two and a half months
ago.   In the last three weeks there has been the turmoil in the financial markets including the
municipal bond market. There’s been a lot of concern by members of the financing team that’s
been working on this and working to try and have a successful result. I think we have a
successful result on two fronts. First, the interest rates and second, the ability to get them placed.
Particularly, relative to the larger note issue, the $44.945 million issue, there is a lot of talk going
on relative to the financial market municipal bonds. Essentially, I would say that larger
transactions of which the $45 million ranks are extremely difficult to get placed. They are doing
that because the institutional investors are not participating. Therefore, when you hear of larger
issues being postponed, it’s because there are no investor’s there. As it relates specifically to this
issue, Citigroup, which we have been working the phones for three days, they weren’t interested,
then they showed up. That interest rate 5.07%, which is marketably above the other tax exempt
note, that is because it is a sizable transaction with this institutional market investor. One of the
perversities in the municipal market right now, if you were to borrow money for one week, the
best interest rate you could get would be 5.75% and this is 5.07%. and mature in the early part of
2010. Your long-term bonds, tax exempt, go for almost 5%. When they talk about the inability
to get money in the short-term, those prices, those interest rates, demonstrate that. We had a
long discussion whether to proceed with that 5.0%. $40 million of that is to pay temporary notes
that are already outstanding. If we didn’t have these proceeds, then the Unified Government
would have to come up with $40 to $45 million from its investments and the cost of that is
prohibitive versus this alternative. The good news there is that these notes are basically callable
at any time and we can refinance these as soon as the markets adjust themselves. On Tuesday,
late in the day, we had gotten a verbal rating from Moody’s Investors Service on the notes, and
they rescinded that stating that they had stopped rating short-term note transactions in the United
States for all municipalities. One of the things that you have heard is that credit quality is very
important. We talked with Standard & Poor’s and got them to look at it and got the highest
grade they permit for short-term obligations.


                                           October 2, 2008
Action:   ORDINANCE NO. O-73-08, “An ordinance authorizing and providing for the
          issuance of $6,415,000 principal amount of General Obligation Improvement
          Bonds, Series 2008-C, of the Unified Government of Wyandotte County/Kansas
          City, Kansas; providing for the levy and collection of an annual tax for the
          purpose of paying the principal of and interest on said bonds as they become due;
          authorizing certain other documents and actions in connection therewith; and
          making certain covenants with respect thereto.” Commissioner DeSeure made a
          motion, seconded by Commissioner Kane, to approve the ordinance. Roll call
          was taken and there were ten “Ayes,” Ellison, Holland, DeSeure, Barnes, Miller,
          Murguia, Mitchell, Kane, Pettey, Cooley.


Action:   RESOLUTION NO. R-148-08, “A resolution prescribing the form and details of
          and authorizing and directing the sale and delivery of $6,415,000 principal
          amount of General Obligation Improvement Bonds, Series 2008-C, of the Unified
          Government of Wyandotte County/Kansas City, Kansas, previously authorized by
          Ordinance No. O-73-08 of the issuer; making certain covenants and agreements to
          provide for the payment and security thereof; and authorizing certain other
          documents and actions connected therewith.” Commissioner DeSeure made a
          motion, seconded by Commissioner Kane, to adopt the resolution. Roll call
          was taken and there were ten “Ayes,” Ellison, Holland, DeSeure, Barnes, Miller,
          Murguia, Mitchell, Kane, Pettey, Cooley.


Action:   ORDINANCE NO. O-74-08, “An ordinance authorizing and providing for the
          issuance of $2,100,000 principal amount of Taxable General Obligation
          Improvement Bonds, Series 2008-D, of the Unified Government of Wyandotte
          County/Kansas City, Kansas; providing for the levy and collection of an annual
          tax for the purpose of paying the principal of and interest on said bonds as they
          become due; authorizing certain other documents and actions in connection
          therewith; and making certain covenants with respect thereto.” Commissioner
          DeSeure made a motion, seconded by Commissioner Kane, to approve the


                                  October 2, 2008
          ordinance. Roll call was taken and there were ten “Ayes,” Ellison, Holland,
          DeSeure, Barnes, Miller, Murguia, Mitchell, Kane, Pettey, Cooley.


Action:   RESOLUTION NO. R-149-08, “A resolution prescribing the form and details of
          and authorizing and directing the sale and delivery of $2,100,000 principal
          amount of Taxable General Obligation Improvement Bonds, Series 2008-D, of the
          Unified Government of Wyandotte County/Kansas City, Kansas, previously
          authorized by Ordinance No. O-74-08 of the issuer; making certain covenants and
          agreements to provide for the payment and security thereof; and authorizing
          certain other documents and actions connected therewith.            Commissioner
          DeSeure made a motion, seconded by Commissioner Kane, to adopt the
          resolution. Roll call was taken and there were ten “Ayes,” Ellison, Holland,
          DeSeure, Barnes, Miller, Murguia, Mitchell, Kane, Pettey, Cooley.


Action:   RESOLUTION NO. R-150-08, “A resolution authorizing and directing the
          issuance, sale and delivery of $2,755,000 principal amount of Municipal
          Temporary Notes, Series 2008-VI, of the Unified Government of Wyandotte
          County/Kansas; providing for the levy and collection of an annual tax, if
          necessary, for the purpose of paying the principal of and interest on said notes as
          they become due; making certain covenants and agreements to provide for the
          payment and security thereof; and authorizing certain other documents and
          actions connected therewith.”       Commissioner DeSeure made a motion,
          seconded by Commissioner Kane, to adopt the resolution. Roll call was taken
          and there were ten “Ayes,” Ellison, Holland, DeSeure, Barnes, Miller, Murguia,
          Mitchell, Kane, Pettey, Cooley.




                                   October 2, 2008
Action:   RESOLUTION NO. R-151-08, “A resolution authorizing and directing the
          issuance, sale and delivery of $44,945,000 principal amount of Municipal
          Temporary Notes, Series 2008-VII, of Unified Government of Wyandotte
          County/Kansas City, Kansas; providing for the levy and collection of an annual
          tax, if necessary, for the purpose of paying the principal of and interest on said
          notes as they become due; making certain covenants and agreements to provide
          for the payment and security thereof; and authorizing certain other documents and
          actions connected therewith.”      Commissioner DeSeure made a motion,
          seconded by Commissioner Kane, to adopt the resolution. Roll call was taken
          and there were ten “Ayes,” Ellison, Holland, DeSeure, Barnes, Miller, Murguia,
          Mitchell, Kane, Pettey, Cooley.


Action:   RESOLUTION NO. R-152-08, “A resolution authorizing and directing the
          issuance, sale and delivery of $902,299.29 principal amount of Taxable Municipal
          Temporary Notes, Series 2008-VIII, of Unified Government of Wyandotte
          County/Kansas City, Kansas; providing for the levy and collection of an annual
          tax, if necessary, for the purpose of paying the principal of and interest on said
          notes as they become due; making certain covenants and agreements to provide
          for the payment and security thereof; and authorizing certain other documents and
          actions connected therewith.”       Commissioner DeSeure made a motion,
          seconded by Commissioner Kane, to adopt the resolution. Roll call was taken
          and there were ten “Ayes,” Ellison, Holland, DeSeure, Barnes, Miller, Murguia,
          Mitchell, Kane, Pettey, Cooley.


Action:   RESOLUTION NO. R-153-08, “A resolution authorizing and directing the
          issuance, sale and delivery of $265,000 principal amount of Municipal Temporary
          Notes, Series 2008-IX, of Unified Government of Wyandotte County/Kansas
          City, Kansas; providing for the levy and collection of an annual tax, if necessary,
          for the purpose of paying the principal of and interest on said notes as they
          become due; making certain covenants and agreements to provide for the payment
          and security thereof; and authorizing certain other documents and actions


                                   October 2, 2008
              connected therewith.” Commissioner DeSeure made a motion, seconded by
              Commissioner Kane, to adopt the resolution. Roll call was taken and there
              were ten “Ayes,” Ellison, Holland, DeSeure, Barnes, Miller, Murguia, Mitchell,
              Kane, Pettey, Cooley.


ITEM NO. 5 – 970128…CHANGE REQUEST
Synopsis:     Communication from Eugene Bryan, County Appraiser, submitting 2006 tax year
Change Request No. 26337-removal.


Action:       Commissioner Kane made a motion, seconded by Commissioner Mitchell, to
              approve.   Roll call was taken and there were ten “Ayes,” Ellison, Holland,
              DeSeure, Barnes, Miller, Murguia, Mitchell, Kane, Pettey, Cooley.


ITEM NO. 6 – 970013…APPOINTMENT
Synopsis:
Appointment to Boards and Commissions:
Robert Scherzer to the Parks Board, 10/2/08 – 10/1/09, submitted by Commissioner Miller.


Action:       Commissioner Kane made a motion, seconded by Commissioner Mitchell, to
              approve.   Roll call was taken and there were ten “Ayes,” Ellison, Holland,
              DeSeure, Barnes, Miller, Murguia, Mitchell, Kane, Pettey, Cooley.


ITEM NO. 7 - MINUTES
Synopsis:     Corrected minutes from Regular Session of March 6, 2008, and Planning &
Zoning Session of July 31, 2008; Regular Session of September 4, 2008; and Special Session of
September 4, 2008.


Action:       Commissioner Kane made a motion, seconded by Commissioner Mitchell, to
              approve.   Roll call was taken and there were ten “Ayes,” Ellison, Holland,
              DeSeure, Barnes, Miller, Murguia, Mitchell, Kane, Pettey, Cooley.




                                      October 2, 2008
ITEM NO. 8 – WEEKLY BUSINESS MATERIAL
Synopsis:      Weekly Business Material dated September 19 and 24, 2008.


Action:        Commissioner Kane made a motion, seconded by Commissioner Mitchell, to
               receive and file and authorize fund transfers. Roll call was taken and there
               were ten “Ayes,” Ellison, Holland, DeSeure, Barnes, Miller, Murguia, Mitchell,
               Kane, Pettey, Cooley.


PUBLIC HEARING AGENDA
ITEM NO. 1 – 080287…PRESENTATION/PUBLIC HEARING/DRAFT ORDINANCE
Synopsis:      Presentation and public hearing regarding a no smoking law. Formal
consideration by the commission will be made October 16, 2008.


Patrick Waters, Legal Department, stated two counties and 29 cities in Kansas have smoking
bans in some form. No two are exactly alike. The majority are concentrated in Johnson County,
Sedgwick County, and Harvey County but they are spread even throughout the state. In Johnson
County alone, you have Overland Park, Mission, Merriam, Roeland Park, Lenexa, Leawood.
This does not include Kansas City, Missouri where there’s also a smoking ban. The ordinance
tonight bans smoking in all enclosed places of employment and enclosed public places in the
city.   It also bans smoking within 10 ft. of any public entrance. Additionally, smoking is not
allowed on public sidewalks that are adjacent to any healthcare facilities. Some of the different
facilities where smoking would be banned under this ordinance: public transportation vehicles,
educational facilities, drinking establishments, hotels and motels, casinos, and sports arenas. The
only two exemptions in this ordinance, right now, would be for private homes and private
automobiles that don’t constitute enclosed places of employment or public places. The existing
opening burning laws would remain in effect and would be allowed.          In these facilities, you
would have to have a prominent sign that states no smoking was allowed. If there is a part of
the facility that is exempt, you would need to have a sign specifically stating so that people
would know that smoking is allowed in that area.
        The smoking policies, employers would have to develop written policies and provide
those to employees within four weeks after the ordinance was adopted.


                                        October 2, 2008
       With respect to enforcement, the enforcement of this ordinance really relies mainly on the
owners and managers of these facilities. Of course, a police office can enforce it if they happen
to be present at the time, but we rely mainly on those persons controlling the facility.
       Violations, first time fine would be $50. For owners and managers of the facilities it
starts at $100, goes up to $200 and $500 for the third. Potentially, an owner could lose their
license or permit. Basically, it is saying that no retaliation would be allowed if an employee
were to speak out on violations that were not being addressed. The smoking ban would go into
effect 60 days after adoption and publication if it were passed.


Mayor Reardon opened the public hearing.


Tom G. Roberts, Unified Government, referenced written communication from the KCK
Chamber through Cindy Cash, Jonna Lounce, Candlewood Suites; Larry Seckington of the
Woodlands, Joe Weinberg, Hard Rock Hotel & Casino, and Rep. Tom Burroughs.


The following persons appeared:
Kenneth Davis, KU Medical Center, 3901 Rainbow Blvd., stated the current proposal, as it is
presented and the current way in which it is written, it is sound.               I would make a
recommendation based on the LEEDS Standards that you consider increasing the distance from
10 ft. to 20 ft. and also include air intake and windows so that individuals are not smoking near
the air intake or areas where smoke could go indoors as a result of the proximity to those places.
He encouraged no exceptions be made to the ordinance.


Bob Vancrum, Stinson Morrison & Hecker representing Hard Rock Casino, stated it is Mr.
Weinberg’s position that business owners, particular owners of drinking establishments, where
those under 21 are not permitted, racinos and casinos, should be afforded the flexibility to
determine the smoking policy for their establishment. We’re very concerned that this ordinance
will hurt our chances to compete on a level playing field with the casinos on the Missouri side
and Riverboat Casinos in Kansas City, Missouri, where the casino floors themselves are exempt
from the ordinance so smoking is permitted on the casino floors.




                                         October 2, 2008
Everitt Watts, 1915 Park Drive, Green Door Club, stated I would propose an exception to this
ordinance that each management of large and small businesses have the right to make the choice.
This lets the entrepreneurs of our nation to make their livelihood with their people.


John Neuberger, KU Medical Center, 3901 Rainbow Blvd., stated I am in favor of the
ordinance as proposed with the exception that Mr. Davis mentioned instead of 10 ft. to 25 ft.
Smoke does cause death. There has been found to be a major reduction in acute myocardial
infections and considerable savings in costs in hospitals.


Cheryl Buell, 5549 Sloan, stated I am opposed to the smoking ban.                To ban smoking
specifically in our neighborhood bars, smoke shops or restaurants deprives the business owner of
those establishments the right to make choices of their clientele. If a bar owner or restaurant
owner wants to voluntarily implement smoking bans in their establishment, let that be their
choice. The owners know their clientele much better than the Unified Government. In fact, in
many of these establishments, bars in particular, you need to be 21 to enter anyway. How many
of those opponents of the smoking ban frequent any of these establishments. When a casino is
built, will they have to be in compliance with the smoking ban? That has not been the trend in
these of types of ordinances. How many cities have passed bans here in the metro, only to
exempt the gaming floors of casinos? If this was really about public health and safety, the
dollars of casinos would not get in the way of these decisions. You cannot as a government, pass
laws that are not uniformed and equally enforced for all eating/drinking establishments
regardless if they happen to be a licensed gaming facility. If a ban is passed and a bar or
restaurant owner has files suit against the city, who is going to be footing the bill for the city
legal department to battle these claims in court? When many of these businesses lose business
and close down, who is going to pick up the slack on the taxes that these businesses used to pay
to the city? Will the loss of tax revenue be passed on to the already over burdened Kansas City,
Kansas homeowners? We are trying to revive a city and encourage people to move here. We
depend on the tax revenue of these businesses to fuel our city’s economy.


Paula Jaskinia, 2204 N. 88th St., stated the American Lung Association supports this proposed
comprehensive smoke-free ordinance. I urge you to adopt this ordinance.


                                         October 2, 2008
Ruby Morlan, 1117 S.W. Blvd., Dagwoods Café, stated I own a restaurant in Wyandotte
County and if I go to another restaurant and they have a “no smoking” sign up, I can leave. I
have a sign on my front door that this is a smoking establishment and I’ve had it up there for
three years. Since the businesses in Johnson County have not allowed smoking, my business has
increased a little. Now, I have to tell my patrons that they can no longer come in there if they
want to smoke. If I lived in Florida, where the weather is nice, you could build a big patio
outside and everybody would be happy, but I don’t. I have my business in Wyandotte County
and I’m proud of my business. I do know my patrons. If I don’t want to go to a restaurant
because the smoke is in there, I wouldn’t go. That’s my opinion and the way I run my business.
As a owner of a business, I should know my customers and I should be able to make that
decision.


Cindy Cash, KCK Chamber, 727 Minnesota Ave., stated the Chamber’s current position on
the smoking ban is that casino and racino gaming floors be exempt from any ban due to the
current status of gaming law in Missouri. This position was taken earlier this year when it
looked like the state of Kansas might engage in a statewide smoking ban.       We ask that if the
Commission does move forward to ban smoking in Kansas City, Kansas, that the casino and
racino gaming floors are exempt. I feel like this ordinance is going to put some hardship on
businesses in enforcing it. I would ask you to take a look again at this ordinance.


Tara Surprise, Chicago’s Bar, 534 Central, stated I am opposed to this smoking ban. I ask
you rethink the smoking ban.


Jim Hendricks, 4117 N. 123rd Terr., stated four and a half years ago I decided to invest
approximately $1 million to open Danny’s Bar & Grill. I did this without an SBA loan and
STAR Bond money. A smoking ban jeopardizes my entire livelihood and my employees. I
oppose this because I don’t want you to put me out of business. I believe that there should be
exceptions on the ban for drinking establishments, restaurants, casinos, let these owners make
their own decision.    A smoking ban would drastically decrease my business. I’ve seen bars
close in Kansas City, Missouri with the ban. I believe exemptions would be the key.


                                        October 2, 2008
Nathan Harrington, 10940 Parallel Pkwy., stated I manage both Danny’s Bar & Grill, in
Kansas City and Lenexa. When the Lenexa smoking ban went into effect we saw about a 30%
decrease in sales.    The problem that I have seen is, it’s not a level playing field. We need to
look at exemptions.


Joni Bocelewatz, 411 N. 6th, stated we own two bars in Kansas City, Kansas. I would ask that
you make an exemption for the casinos, private clubs and bars in Wyandotte County.


Joyce Morrison, Clean Air Kansas City, 7929 Greenwood St., Lenexa, KS, stated we have
been supporting communities across metropolitan Kansas City to ban smoking.


Paula Marmet, Kansas Department Health & Environment, stated I applaud you in
reviewing the important issue of clean indoor air. Adoption of a strong smoke-free policy
remains the most effective method for reducing secondhand smoke exposure and protecting the
health of Wyandotte County residents. The 2006 Surgeon General’s report summarized the
current science related to secondhand smoke. Secondhand smoke is a serious health hazard that
causes premature death and disease in children and non-smoking adults. There are immediate
and adverse effects on the cardiovascular system, coronary heart disease and lung cancer. The
2006 report went on to say that there is no safe level of exposure to secondhand smoke.
Separate ventilation systems for smoking areas of enclosed spaces are ineffective in eliminating
exposure to secondhand smoke. One of the most impressive examples comes out of Pueblo,
Colorado. A study using actual hospital admittance data looked at the number of heart attacks a
year before and a year after the city smoke-free ordinance took effect in July 2003. What they
found was that heart attacks decreased by 27% after implementation of the ordinance. The same
study has been seen in Helena, Montana and other countries. Smokers in communities where
smoke-free laws exist, smokers smoke less and the number of teens who start smoking decreases.
The evidence shows that clean indoor air policies decrease smoking usage among people who
smoke by about 10%, so smokers will smoke less. By removing that social acceptability of
smoking, the number and the social smoking opportunities, the number of teens who start
smoking, and thereby leading to a healthier workforce and resulting in reduced future healthcare


                                         October 2, 2008
costs are one of the biggest benefits that communities will see. From a public health view, this
opportunity to improve the health of Wyandotte County future adults, is by itself worthwhile. In
addition, to the numerous health benefits that have been alluded to, smoke free ordinance also
has financial benefits for employers and for the state. The World Health Organization reports
that most employers who go smoke free save money by reducing insurance coverage costs,
increasing worker productivity, and reducing maintenance and cleaning costs for the facility.
Here in Kansas, more than 3,900 Kansans every year die from cigarette smoking. It costs our
state $900,000 million in healthcare expenses. The Society of Actuaries found that secondhand
smoke costs the United States $10 billion a year in health care costs, lost wages and other costs.
These disturbing statistics, when coupled with the fact that a higher percentage of workers in the
hospitality industry do not have health insurance, means that we all share theses costs through
higher taxes to support rising medicare and medicaid costs and higher health insurance
premiums. The good news is that Wyandotte County is not alone. There are many communities
totaling up to 40% of the states population that are protected with smoke free laws.


Jace Smith, 1208 N. 132nd St., stated I urge the Commission to strongly pass a strong
comprehensive clean indoor air workplace ordinance for all resident and visitors to Kansas City,
Kansas.   As mentioned, tobacco is the leading cause of death from diseases, both for those who
use tobacco products and those who are exposed to them on a secondhand basis. According to
the American Heart Association more than 38,000 people die from heart and blood vessel
disease caused by other people smoking each year in the United States.                 Couples with
secondhand smoke before and after birth, puts children at a greater risk of abnormal blood
pressure, children with leukemia, attention deficit disorder and childhood wheezing.


Mary Deutsch, 8515 Parallel, Apt. #12, stated she is on halers and oxygen due to secondhand
smoke. I would hate to see Wyandotte County going the way other places go. I don’t want to
move out of Wyandotte County just because I can’t breath there.


Mayor Reardon closed the public hearing.




                                        October 2, 2008
Commissioner Mitchell stated can I have staff explain Section 8 where it says “posting of signs
on or areas in which smoking is permitted”.     Mr. Waters stated this would be a fairy limited
area.     If you have a business and it applies to the enclosed places in the business, but you
possibly have an outdoor area that is further from 10 ft. from the entrance and does not fall under
any of the other exemption but maybe some type of outside area in a large business, that would
be the one area where this would fall under. Commissioner Mitchell stated I am not a fan of
smoking, but tonight to prohibit it, I don’t know that would work any better than the nation did
on alcohol several years ago. As a business owner, it was my right to start a business, but I did
all my right permits and licenses. If I chose I wanted to smoke there, I don’t see where it’s the
governments role to come in and tell me as a business owner that I can’t do that.            As a
Commissioner, I am going to caution the other Commissioners, we need to look at being
pragmatic and consistent.     If we want to move forward with this, we should mail a letter to
every business that’s registered in KCK and let them know this is what’s going to be heard on
October 16.


Action:         No action taken


STANDING COMMITTEES’ AGENDA
No items of business.


ADMINISTRATOR’S AGENDA
No items of business.


COMMISSIONERS’ AGENDA
ITEM NO. 1 – 080288…ORDINANCE
Synopsis:       Attached ordinance relating to the establishment and designation of Underground
Utility Districts, the requirements therefore, and related procedures, submitted by Commissioner
Holland.


Action:         DELETED




                                        October 2, 2008
ITEM NO. 2 - 970105…TRAVEL REQUESTS
Synopsis:     Request to travel to Wichita, Kansas, October 2008, to attend the League of
Kansas Municipalities Annual Conference, submitted by Commissioner Miller.


Action:       Commissioner Kane made a motion, seconded by Commissioner DeSeure, to
              approve. Roll call was taken and there were ten “Ayes,” Ellison, Holland,
              DeSeure, Barnes, Miller, Murguia, Mitchell, Kane, Pettey, Cooley.


LAND BANK BOARD OF TRUSTEES’ AGENDA
No items of business.




                                   MAYOR REARDON
                        ADJOURNED THE MEETING AT 8:10 P.M.
                                    OCTOBER 2, 2008




                                                  __________________________
                                                  Tom G. Roberts, CMC
                                                  Unified Government Clerk
tk




                                      October 2, 2008
STATE OF KANSAS              )
WYANDOTTE COUNTY             )) SS SPECIAL SESSION, THURSDAY, OCTOBER 16, 2008
CITY OF KANSAS CITY, KS      )


       The Unified Government Commission of Wyandotte County/Kansas City,
Kansas, met in special session, Thursday, October 16, 2008, with eleven members
present:    Holland, Commissioner At-Large First District; DeSeure, Commissioner At-
Large Second District; Barnes, Commissioner First District; Miller, Commissioner
Second District (arrived at 5:07 p.m.); Murguia, Commissioner Third District; Mitchell,
Commissioner Fourth District; Kane, Commissioner Fifth District; Pettey, Commissioner
Sixth District; Cooley, Commissioner Seventh District; Ellison, Commissioner Eighth
District (arrived at 6:00 p.m.); and Reardon, Mayor/CEO presiding. The following
officials were also in attendance: Dennis Hays, County Administrator; Hal Walker, Chief
Counsel; Tom Roberts, Unified Government Clerk; Doug Bach, Deputy County
Administrator; Bruce Newby, Election Commissioner; and Henry Couchman, Asst. Legal
Counsel.


MAYOR REARDON called the meeting to order.


ROLL CALL: Holland, DeSeure, Barnes, Murguia, Mitchell, Kane, Pettey, Cooley,
Reardon.


AMENDED NOTICE OF SPECIAL MEETING of the Unified Government of
Wyandotte County/Kansas City, Kansas, to be held Thursday, October 16, 2008, at 5:00
p.m. in the ninth floor conference room of the Municipal Office Building, 701 N. 7th
Street, for a presentation by Bruce Newby, Election Commissioner; a status report on
supplier diversity; and an update by Commissioners Holland and Cooley on a proposed
livestock ordinance. At 6:00 p.m. there will be an executive session regarding litigation
involving the tax appeals process. The demonstration of the electronic voice outdoor
warning siren was eliminated from the agenda.
CONSENT TO MEETING of the governing body of Wyandotte County/Kansas City,
Kansas, accepting service of the foregoing notice, waiving all and any irregularities in
such service and in such notice, and consent and agree that the governing body shall meet
at the time and place therein specified and for the purpose therein stated.


Report from the Election Commissioner
Mr. Newby gave an update on the election preparations and a status report on the
Election Commissioners operations and facilities.


Status Report on Supplier Diversity
Mr. Bach said the Diversity study was one of the products of the items that we were
directed to work on from a staff perspective, but ultimately, how do we get to an
ordinance that works with this to work with the minority and women-owned businesses
in our community to establish goals for construction projects and moving into all
different uses for projects that we contract for.


Mr. Bach introduced the Diversity team as Denise Farris, outside attorney; that has been
advising as we work through this process. Jason Banks, Procurement Department; Jamie
Richardson, Director of Purchasing; and Henry Couchman, Legal staff; who has been
working this internally.


Mr. Banks said we presented the findings of the Disparity Study in a similar format. The
utilization was measured for varied ethnicities groups that make up the minority
contracting group and also for women-owned contractors. For African Americans there
was a significant underutilization found in all contract categories which includes
Architecture and Engineering, construction, special services, and goods and supply
contracts.   Asian Americans were found to be underutilized for Architectural and
Engineering and professional services contracts. Hispanic Americans were found to be
underutilized for Architecture and Engineering and Goods and other services contracts.
Women-owned businesses were found to be underutilized in construction, Architecture
and Engineering, and professional services contracts. That is a breakout of all the various



                                      October 16, 2008
ethnicities and genders that were measured during the Disparity Study. At the tail end of
the study we ran into a phase in the process where it was pretty difficult for us to gather
subcontracting information partly due to limits of our current financial system and Mason
Tillman found statistically significant underutilization of African and Hispanic
Americans on construction subcontracts.        We spent a significant amount of time
manually gathering this data, but with the replacement of our ERP system this should not
be a problem moving forward. There was insufficient data at that time to perform a
disparity analysis on subcontracts in other categories.


Mr. Couchman said we have had a number of conversations and proposals trying to
figure out how to deal with the problems that were identified in the Disparity Study.
What we are presenting today is something that is sensible, reasonable, and something
that we can do. It is intended to provide a foundation for us to go forward, to put a
mechanism in place that we can deal meaningful with and to provide some proposals that
are significant.


Mr. Couchman said one of the things that complicates this area is the law. We are
dealing with an area of race discrimination and gender discrimination.           Under the
Fourteenth Amendment, as interpreted by the United States Supreme Court, there are
limitations on what a municipality can do to eliminate those problems, specifically, their
limitations on using race and gender conscious remedies to deal with those problems.
The Supreme Court has said that those programs that focus in on race and gender as a
means to remedy these problems are subject to strict scrutiny which is the highest
standard under the Fourteenth Amendment that they have to make.              It requires an
identified systematic racial discrimination in which the municipality has been an active or
passive participant. There has to be a strong basis in the evidence for doing race or
gender based remedies. Those remedies have to be narrowly tailored to address the
problems.    The court has required serious good-faith consideration of race neutral
measures as part of its analysis of these types of cases. Much of this approach is data
driven. There has to be data to justify using race, and to a lesser extent, gender conscious
remedies. The traditional programs where you have goals that are set for subcontractors,



                                     October 16, 2008
they have to have so many minorities and so many women as subcontractors. Those are
your typical race and gender based approaches and they have to meet the legal
requirements.


Mr. Couchman said there is no easy solution, no single solution, no immediate solution;
we are looking at a series of long-term steps. The idea is to provide a foundation and a
basis to move forward. In thinking about the problem outlined, there are five criteria’s
that are critical to the UG approach on this so we can be successful and effective in
addressing the disparities that were identified. The approach has to be goal driven. In
order for this to move forward, whoever it is responsible for this need to know what
needs to be done. There needs to be goals set by the governing body and those goals then
will drive this program. Those are goals that will identify what we expect on our
contracts and subcontracts, to be a level of participation by minorities and women-owned
businesses. There needs to be accountability. There needs to be flexibility and we need
to be able to address problems from a number of different approaches and we need to be
able to have the flexibility to adjust what doesn’t work and to experiment by what works.
At times some of these approaches may clash with other interests the UG has and there
needs to be the flexibility to adapt. The program needs to be workable. It needs to be
something that we can do, have the resources to do, can put into place and be confident
that we can be successful and it has to be legal.


Mr. Couchman said the proposed ordinance calls for the Board of Commissioners to set
annual goals for MBE/WBE participation in Unified Government contracts and
subcontracts.   Those goals are going to be essentially a policy of the Board of
Commissioners and they are going to drive this process. The County Administration and
staff are responsible for achieving the goals that the Board of Commissioners establishes.
The next provision calls for the establishment of a Small Business Opportunity office. In
order to coordinate this effort and to bring it forth in the community there needs to be
somebody out on the point. The ordinance contemplates that person will report to the
County Administrator. Under the proposed ordinance, the County Administrator and
staff is authorized to implement race and gender neutral measures to achieve these goals.



                                     October 16, 2008
The race and gender neutral measures are put there because, under the law, that is what
you need to do first and foremost. Race and gender neutral doesn’t meet with any real
legal opposition and if we can achieve the goals this way, or achieve a major part of the
goals this way, that is what we need to do. The proposed ordinance will call for the
establishment of a race and gender conscious program for construction subcontractor.
That means an MBE/WBE program with goals for construction contractors to meet in
order to obtain an award of a UG construction contract. Mandate data collection and
analysis. Staff and the Administrator will report quarterly to the Commission on the
progress of this program.


Mr. Couchman gave examples of race and gender neutral remedies that are available to
try to address problems that we are going to find in the Disparity Study. He said some
are very simple.      For example, unbundling large procurements enables smaller
contractors including minority and women-owned businesses to actually bid on them as
prime contractors. There are other elements designed to enable and to facilitate bidding
by smaller businesses on contracts to move them outside the umbrella of prime
contractors and make them actually direct contracts that smaller businesses have a chance
of opportunity to build. Outreach programs and meetings in the community to let them
know about this program and then a defined selection pool program is an option under
this also. Essentially what this does is allows the Unified Government, Administrator,
and Purchasing Department to restrict competition on certain contracts to small
businesses and those contracts will be identified through regulations according to
different types. Participation would be limited to certified small businesses. Large
businesses would have the opportunity to come in and participate on these contracts, but
they would need to enter into agreement with a small business to mentor and to help that
small business to give assistance.


Mr. Couchman said Race and Gender Conscious Program for construction subcontracts,
under the proposed ordinance; this would apply to the construction contracts exceeding
$250,000. It would allow us to accept MBE/WBE certification from other agencies. For
every construction contract project there would be established project goals for minority



                                     October 16, 2008
and women-owned business participation. Those contract goals would be based upon the
availability and capacity of minority and women-owned firms to perform that work.
Contractors would be required to use good-faith efforts to comply with those goals and
they would have to provide upfront affidavits indicating they have complied with those
goals and provide information that they have established subcontracts with minority and
women-owned businesses. As required, those goals can be waived if it is clear that good-
faith cannot meet the goals for a particular project. That will be a significant hurdle to be
shown. It will call for verification of the contract that the contractor has represented as
occurring and that minority and women-owned business are being used. It would verify
to make sure they are complying. If there isn’t compliance, there will be suspension on
the contract to potentially requiring them to pay civil penalties to us for failure. There
will be various appeal procedures provided. One of the things established under the
ordinance is a Contract Fairness Board. It will be made up of representatives of various
Chambers of Commerce and members of boards of construction industry, they will
advise the Administrator on project goals and they will hear appeals when necessary.
This is an important part of this program. It is intended to involve the industry and get
their input in setting these goals so they can be realistic and so there can be input by all
parties concerned. There will be a sunset provision to reevaluate this.


Commissioner Barnes said I have concerns about some of the issues. You talk about
gender neutral and yet we still have goals for MBE and WBE. I think we are legally
wrestling with that one issue when we are saying we are putting goals in place for
minorities and women, but then when we get down on the law side, we say we can’t talk
about this program is for minority and women. The ordinance states the Board of
Commissioners to set annual goals for MBE/WBE participation. Then it states authorize
the County Administrator and staff to implement race and gender neutral measures. How
do both of those go together?


Commissioner Barnes said the good-faith portion is a concern. Good-faith means
nothing. He is very concerned as we go forward about how we structure the good-faith
effort part of it and he wants to define the purpose of the sunset provision.



                                     October 16, 2008
Mr. Couchman said the law allows elements to set aspiration for goals, targets for
utilizing for minorities and women-owned businesses in the contract. It is not okay to
implement remedies that are based on race or gender. If you are doing race based
remedies, I think there are concerns that if you are favoring some people on race, you are
obviously disfavoring others on that basis. On good faith efforts, you will find this
ordinance is very detailed on what is required in order to establish good-faith. Also, the
implementation is important and I think the intention is to implement this seriously and
not to allow the kind of thing you were describing to occur.


Ms. Farris said my expertise is in Constitutional Law and what you need to do to get a
firm program in place that will withstand potential legal challenges. The two primary
Supreme Court cases that lead out the perimeters of what you have to have in a program,
one of the blight line requirements is race and gender neutral means. It is not necessarily
inconsistent because you use proof of past discrimination to justify your goal program,
but the program cannot be overly broad by making it impossible for non-minorities and
non-women owned companies to participate. The race and gender neutral mechanisms
are actually mechanisms that are geared more toward small business. To be registered as
a minority or women-owned company, you have to qualify as a small business. If you
don’t have the race and gender neutral measures in there and that’s things like small
business assistance, small business training, how to do your business plans, bonding,
those are all race gender neutral mechanisms. That is all that is saying to have the goals
on top, you have to have the race neutral on the bottom.


Commissioner Barnes questioned how the $250,000 amount was arrived at. Also, he
would like to see the overlay of what is proposed as opposed to what the Disparity Study
showed.


Commissioner DeSeure said I want to make sure whatever contract we do that we
continue to require prevailing wage. Does this mean we should be negotiating and
entering into specific contract for services with minority contractors for periods of time?
If we enter into a policy about participation of minority owned contracts and women-



                                    October 16, 2008
owned contracts or participation, does it have an impact on our overall budget? Would
this have a negative or positive impact on the budget?


Commissioner Holland said you mentioned there would be sanctions possible if they
failed to meet the good-faith efforts. Is it possible to turn that on its head and say we are
a diverse community, we value this in our community and we will pay you fair market
value for your good and services, but if you meet these goals, then we would offer an
additional incentive that would make it worth your while to do. The perspective on that
is allowing the governing body to say how much is this worth to us, how much is this
governing body willing to put towards these goals?


Commissioner Miller said my concern is that I want to make sure that we are protecting
our local businesses. I fully support MBE/WBE but I don’t support sending business
outside of KCK versus local business to meet a minority participation goal.


Commissioner Murguia said I served on this committee with Commissioner Cooley.
My personal opinion is that I would like to see a more aggressive policy across the board.
I think this doesn’t really scratch the surface.       I want to see us go beyond just
construction and I made that clear in our meeting today when we met to talk about the
presentation tonight. The legal issue that Henry is talking about is that even though we
have the Mason Tillman study, there is still some data from internally that we need to
collect to prove that is an issue here in this county. From what I understand staff did
come to us and say we figured out a way to generate enough revenue to collect some of
this data over the next year or so to get started to support an aggressive MBE and for
some reason, we as a Commission, didn’t do that. The legal issue in my mind is that we
don’t have the data we need to defend ourselves in a court of law and I’m concerned
about that. There are some general problems with this ordinance. I want to get this to the
people. I want to get it to a public session because I want to know from the people that
are most affected by this, what they think and what their concerns are.




                                     October 16, 2008
Commissioner Kane said I agree with Commissioner DeSeure about the prevailing wage
and I agree with Commissioner Miller about making sure KCK is taken care of and I also
agree that we should have people like RED Development and J.E. Dunn at the table and
union leadership and building and trades here.


Mayor Reardon said Denise is going to, with staff, try to respond as best as they can by
way of memo to some of the issues raised tonight. Davis-Bacon is adopted in our
ordinances today for construction contracts and I don’t think this contemplated ordinance
would affect that at all. I do think there is a lot of work to be done. I think there are a lot
of issues that have been raised that are good ones and thoughtful ones. This is the time
for us to get this out to the greater public and it is time to codify what we can codify and
have the opportunity to continue to work on the issues that remain.


Proposed livestock ordinance
Commissioner Holland said this started off as a very benign activity. At the Public
Works and Safety Standing Committee we have received a lot of complaints about
horses. Commissioner Cooley and I thought we would provide a horse ordinance that
would clean this up. It turns out it is more complicated than that. It is not just a horse
ordinance. We’re now looking at a livestock ordinance. This issue is that this kind of
ordinance falls under a number of jurisdictions. It falls under Planning & Zoning,
Animal Control, and the Health Department. As our city grows it is not as agriculture as
it used to be. As our city grows and the residential areas grow into the agriculture areas
and we have spot zoning all over the city for agriculture use, we have inherited a non-
uniform kind of messy application of laws. There are other municipalities that deal with
livestock units where a horse or cow would be one unit; a goat would be two units. We
worked with Captain Horn, the outgoing Director of Animal Control and the new
incoming Director of Animal Control, Captain Rodney Smith. Commissioner Cooley is
going to attend a training called Horse Sense, a municipal response to livestock control
issues.




                                     October 16, 2008
Commissioner Cooley said it really became evident in dealing with this issue it becomes
very bureaucratic. There are too many layers and too many issues.


Commissioner Holland said the thing we are going to run into is an issue that we have a
lot of folks who historically has had livestock in areas for a very long time that are not on
enough acreage.


Commissioner DeSeure made a motion, seconded by Commissioner Mitchell, to go
into executive session until 6:50 p.m. regarding litigation in reference to the tax
appeals process. Motion carried unanimously.




         MAYOR REARDON RECONVENED INTO SPECIAL SESSION
             AND ADJOURNED THE MEETING AT 6:52 P.M.




                                              Tom G. Roberts, CMC
dt                                            Unified Government Clerk




                                     October 16, 2008
STATE OF KANSAS                )
WYANDOTTE COUNTY               )) SS SPECIAL SESSION, MONDAY, OCTOBER 20, 2008
CITY OF KANSAS CITY, KS        )


       The Unified Government Commission of Wyandotte County/Kansas City,
Kansas, met in special session, Monday, October 20, 2008, with eleven members present:
Holland, Commissioner At-Large First District (arrived at 5:12 p.m.); DeSeure,
Commissioner At-Large Second District; Barnes, Commissioner First District; Miller,
Commissioner Second District; Murguia, Commissioner Third District (arrived at 5:18
p.m.); Mitchell, Commissioner Fourth District; Kane, Commissioner Fifth District;
Pettey, Commissioner Sixth District (arrived at 5:16 p.m.); Cooley, Commissioner
Seventh District; Ellison, Commissioner Eighth District; and Reardon, Mayor/CEO
presiding. The following officials were also in attendance:          Dennis Hays, County
Administrator; Hal Walker, Chief Counsel; Tom Roberts, Unified Government Clerk;
and John Jurcyk, Senior Policy Advisor to Mayor.


MAYOR REARDON called the meeting to order.


ROLL CALL: Ellison, DeSeure, Barnes, Miller, Mitchell, Kane, Cooley, Reardon.


NOTICE OF SPECIAL MEETING of the Unified Government of Wyandotte
County/Kansas City, Kansas, to be held Monday, October 20, 2008, at 5:00 p.m. in the
ninth floor conference room of the Municipal Office Building, 701 N. 7th Street, for an
executive session regarding a personnel issue to be followed at 6:00 p.m. for a special
session regarding the municipal court judge selection.


CONSENT TO MEETING of the governing body of Wyandotte County/Kansas City,
Kansas, accepting service of the foregoing notice, waiving all and any irregularities in
such service and in such notice, and consent and agree that the governing body shall meet
at the time and place therein specified and for the purpose therein stated.
Mayor Reardon explained the agenda for this evening saying he will entertain a motion
to go into executive session on a personnel matter until 6:00 p.m. if need be. After that
there will be a thirty minute recess for dinner and at 6:30 p.m. the judge selection process
will begin by interviewing the candidates. The order for interviews will be John Bryant,
Aaron Roberts and Mike Price.


Commissioner Miller made a motion, seconded by Commissioner Holland, to go into
executive session until 6:00 p.m. regarding a personnel issue.             Motion carried
unanimously.


Mayor Reardon reconvened into special session.


Commissioner Ellison made a motion, seconded by Commissioner Barnes, to extend
the executive session for twenty minutes. Motion carried unanimously.


Mayor Reardon reconvened into special session.


Commissioners Barnes made a motion, seconded by Commissioner Mitchell, to
extend the executive session for an additional ten minutes until 6:30 p.m. Motion
carried unanimously.


Mayor Reardon reconvened into special session.


Mayor Reardon explained voting for the Administrative Judge position would be done
by signed ballots. That way there will be a public record on the vote. Commissioner
DeSeure made a motion, seconded by Commissioner Pettey, to have a signed ballot
vote to appoint Judge Maurice J. Ryan to the unexpired term of Wes Griffin as
Administrative Judge. Motion carried unanimously.




                                    October 20, 2008
Mr. Roberts read the ballots:
         Commissioner DeSeure voted “no”
         Commissioner Ellison voted “yes”
         Commissioner Pettey voted “yes”
         Commissioner Murguia voted “no”
         Commissioner Mitchell voted “yes”
         Commissioner Kane voted “no”
         Commissioner Barnes voted “yes”
         Commissioner Holland voted “yes”
         Commissioner Miller voted “yes”
         Commissioner Cooley voted “yes”
Mr. Roberts said the vote was 7 to 3.


Mayor Reardon recessed the meeting for thirty minutes until 7:00 p.m.


Mayor Reardon reconvened into special session.


Mayor Reardon said this is a special session to interview and appoint a potential judge
to the open vacancy in Municipal Court. A nomination committee had been formed as
called for under the Code of Ordinances. Commissioner Cooley served as Chair along
with Commissioners Pettey and Barnes. The ordinance calls to move forward with three
individuals for consideration by the Commission.


Mr. Roberts excused himself from the proceedings and asked that Shanda Mitchell from
the Clerk’s Office sit in as Acting Clerk.


Commissioner Cooley said 13 applications were originally received.        Two of the
applications were withdrawn by the applicant. Out of the eleven, we selected seven for
interviews. The list was then narrowed to the three that is being considered today.
Commissioner Cooley forwarded to the Commission questions asked to every individual
that was interviewed. He also presented some questions that they are submitting to be



                                     October 20, 2008
consistent. It is by no means the only questions that can be asked, but if questions are
added, he suggested giving all three applicants the same question.


Commissioner Cooley said the 13 individuals were all qualified and all had excellent
resumes. The committee tried to keep the selection process as objective as possible and
tried to make it as professional as possible.


Commissioner Cooley said the three names were drawn for selection of the order in
which the applicants would be interviewed.


The Commissioners interviewed John Bryant and Aaron Roberts. After a brief recess
called by the Mayor, the Commission interviewed Mike Price.


Commissioner Miller said he feels the Commission should consider adding a third full-
time Judge. There are qualified candidates. It is revenue positive. It was discussed in
budget. We spend a lot of money on pro-tems and there is an opportunity for looking at
adding a nighttime court. There seems to be a number of reasons why it’s a smart
decision now to add a third judge.


Mayor Reardon said I have indicated this is something that we need to take a look at as
well and it is important for us collectively to do this. I think part of the chaos there now
is from running too large of dockets. The electronic ticketing is going to make it worse.
The Municipal Court is uniquely ours as a Commission. If we are going to change the
way it does business, we’re in charge of changing it. I would be a proponent of moving
to an additional docket and an additional judge. I think it would be the right thing to do
for our citizens, for those that are brought into court with a complaint, for our citizens
that come to court volunteering their time because of their concern for the community.
There are victims too that are brought to Municipal Court. Those victims are caused to
wait for justice to be rendered.




                                     October 20, 2008
Commissioner Pettey said she thinks we all see the magnitude and the need, but we have
to have space and it doesn’t just involve a judge, it involves staff to support the judge.


Mayor Reardon said he thinks you do have to have a plan. Every Municipal Court that
he practiced in, except for Overland Park and here, the Council Chambers was the court
room. There is no reason we can’t use the Commission Chambers that goes unused
except when the Commission is there, Board of Zoning Appeals and Parole hearings.
Space is an issue, but he doesn’t think an entire new court room needs to be created in
order to run another docket. If it is decided to move forward with an action, time would
have to be given to give staff a sufficient amount of lead time to come up with a plan to
get that accomplished.


Commissioner Miller said there is enough work that maybe they could split up the court
time so they can spend more time getting to know the case load that they hear. If you
look at the revenue and the number of cases that flow through Municipal Court, it has
increased.


Commissioner Pettey said from the committee perspective we knew that was the next
charge to make some recommendations and from this group of candidates there is a six
month window that you can still use these applicants.


Mr. Walker said it would take some minor amendments to the Municipal Court
operating ordinance. You would have to create the position within the budget and fund
them. There are procedural steps.


Mr. Hays said I think the discussion I have heard regarding this initiative is good and
sound. I think there has been major growth in the number of cases in Municipal Court
and we expect that to continue.        We will probably be processing more cases and
generating more revenue. We anticipated that in the 2009 budget. If you have another
court and another judge, you have more put through capacity and thus generate more
revenue. We think by adding the court, this concept, would make us perhaps more user



                                     October 20, 2008
friendly. We would not have the overtime charges for our officers and for the Code
Enforcement people that are tied up in courtrooms. It would be more user friendly to the
public. I would be remise, however, if I didn’t offer to you tonight a reminder that we’re
going into a very difficult budget year and we have a hiring freeze in place. There is a
certain irony in the Commission considering adding a new position and expanding the
court system during a period that we’re drawing back in all other areas. I do believe the
arguments the Commission has made tonight are sound. We believe the put through
capacity would increase and thus, without any specific calculations, we sense and believe
that the revenue would be enough to offset the additional costs. We think it would be
cost neutral. It is a message to the organization, while I’m telling others we cannot hire,
the fact that a new judge and new staff it is contradictory with what we have been doing
in other areas.   It does create a bit of dilemma for me, but I do understand the
Commissions thinking.


Commissioner DeSeure said when Wes Griffin came before us a few years ago and said
he needed additional clerks and we talked about the need for the clerks, but also if we had
the additional clerks, it would generate more revenue. We have seen a major increase in
revenue in Municipal Court and that was because they were able to hire additional clerks
to get the job done. I think hiring an additional judge, while it will take some time, it
would also do some other things such as free up time for the Administrative Judge to
work with the clerks and the prosecutors. We’re really not doing it to generate revenue, it
is for us to be more effective, more efficient, more user friendly and we’re going to send
a strong message to our community and citizens that we care enough about them that
we’re not going to make them sit there for 3 to 3.5 hours. I think we need to be
proactive, be aggressive and look at dealing with the problem now.


Commissioner Kane said I think we need to pick the one judge tonight, let Dennis
prepare what he thinks it’s going to take and then if we decide to add another one, have
that person maybe split shifts starting at 1:00 or whatever and go until 8:00 at night so we
can get some stuff done at night and then we won’t be worried so much about space.




                                    October 20, 2008
Commissioner Barnes said what Commissioner Kane said sounds very logical and that
is along the lines I wanted to state. It is foolish for us to think that we’re going to put a
Municipal Judge in this position and all the problems are going to go away. We need to
look at the possibility of freeing up some time so they can have time to think and can
have the time to operate the court properly. The need is there and if we are to make
anyone successful at their job, we need to give them the proper tools in order to make it
happen.


Commissioner Pettey said I agree with Mike. We all agreed on the budget freeze.
We’ve heard some recommendations from Judge Griffin about if we were to hire another
person; it should be clear whether it is a day or day/night job. We need another domestic
violence docket. We need to look at the whole picture and tonight is not the time.


Commissioner Cooley said over the last four years we’ve hired 35 new police officers.
That obviously means we write more tickets which means it comes into Municipal Court.
One of the things we forget is that it’s part of Hal Walker’s staff to provide prosecutors.
There are certain areas of this whole system that chokes down and it creates bottlenecks
and problems. Hiring a new judge and a couple of clerks in Municipal Court may not
eliminate a lot of the issues we’re talking about because he has to have prosecutors to
prosecute the additional cases that we keep hiring police officers to bring to us. Pat has
already indicated that there are other cases in the domestic area that we have problems
with so there is a whole gimlet of things we need to look at. I don’t think it can be
decided tonight, but it is something we need to look at in the very near future.


Commissioner Miller said the only thing I would add to that, it’s not only have we
added police officers, we added code inspectors and the workload and technology has
increased it. My challenge back to Pat is that we shouldn’t walk away from anything that
is revenue positive and the budget times we’re in, I can look at anybody in the
community and say we did this because it generates more revenue. If we’re not hiring
somebody who is revenue positive, then shame on everybody here. I feel like we have a




                                     October 20, 2008
selection criteria set and you are not going to make me angry if we don’t make the
decision tonight, but it in short order we need to look at adding a third judge.


Mayor Reardon said one of the candidates brought up, and I think is important, is
respect for the court. If the court is operated efficiently and you feel like you are getting
a fair shake and you are given respect, you are more likely to respond to what the court is
asking you to do then if you go in there and have to wait for five hours and people are
yelling in the court and there is disorder and conduct is at its low point in our community
when you walk into our court. Our expectation for someone to respond in a positive way
to that, I think is fairly well and I think we heard a little about how that works right now.
It’s not just about sitting out a fine or threatening to go to jail, that is the last thing you
want to do, but to get someone to respond short of putting that in front of them, I think
you need to have some decorum and respect and there is an understanding of fairness. I
think in short order we need to have everything in front of us to figure out how we move
forward. Once electronic ticketing comes, we’re going to find ourselves where it is no
longer a choice.


Commissioner Pettey suggested having a special session by the end of November on
this matter.


Mr. Hays said you are saying by the end of November, you have three meetings between
now and Thanksgiving vacation. I would strongly suggest you extend it into the first part
of December. Mayor Reardon said that will be the charge.


Commissioner DeSeure made a motion, seconded by Commissioner Petty, to move
forward with the ballot vote for the Municipal Court Judge position over District
Two. Motion carried unanimously.


Hal Walker read the ballots.


         Commissioner DeSeure voted Aaron Roberts



                                     October 20, 2008
            Commissioner Mitchell voted Aaron Roberts
            Commissioner Murguia voted Aaron Roberts
            Commissioner Kane voted Aaron Roberts
            Commissioner Cooley voted Aaron Roberts
            Commissioner Holland voted Mike Price
            Commissioner Miller voted Aaron Roberts
            Commissioner Ellison voted Aaron Roberts
            Commissioner Barnes voted Aaron Roberts
            Commissioner Pettey voted Mike Price

Shanda Mitchell said 8 votes for Aaron Roberts and 2 votes for Mike Price.


Mayor Reardon said Aaron Roberts has been selected as Judge for the vacated position
by way of Judge Ryan being the Administrative Judge and asked staff to inform all
candidates of the selection and also to inform them about exploring a new position that
would come before the Commission again in December and they would still be
considered for that position by way of them being in the eligible pool for up to six
months.

Mr. Hays said he will be notifying the candidates and questioned if other candidates
would be applying or is it narrowed to these two as finalists. After discussion, it will be
narrowed to the two finalists. Commissioner DeSeure asked Dennis to ask the finalists
if they are willing to still be considered for a third division. Mayor Reardon said based
on the ordinance, as I understand it, those two remain eligible because they are the
recommendation of the committee and short of the Commission taking some other action,
they would be the two that would be considered by the Commission for that open
position.




                                    October 20, 2008
     MAYOR REARDON ADJOURNED
      THE MEETING AT 9:00 P.M.




                  Tom G. Roberts, CMC
dt                Unified Government Clerk




           October 20, 2008
                           Memorandum
To:     Dennis M. Hays, County Administrator
From:   Tom G. Roberts
        Unified Government Clerk
Date:   October 15, 2008
Re:     Weekly Business Material



        Attached is a listing of weekly business items presented to the Unified Government of
        Wyandotte County/Kansas City, Kansas, for informational purposes.

        In addition to the listing of the items, we have indicated the action taken by the Unified
        Government Clerk.

        /sm
        Attachment
Weekly Business Material for October 15, 2008:

   1. CONTRACTS:

       Kansas Heavy Construction, LLC, for 29th Street Improvements – Minnesota Avenue to Washington
       Avenue, $435,255.60.

       J. M. Fahey Construction Company for Hutton Road Improvements – Phase I, $2,388,886.25.

       Meadows Construction Company, Inc., for Parkwood Park Walking Trail, $79,572.

       Action:        Approved by County Administrator and received and filed.


   2. PUBLIC LEVEE WAREHOUSE LEASE:

       All Seasons Insulation, L.L.C., for Bldg. D, Unit 204 (no basement), consisting of 2655 square feet +,
       $1,072.50 rent per month.

       Action:        Approved by County Administrator and received and filed.


   3. COMMUNICATIONS:

       Jack Manahan, Chief Financial Officer, regarding warrant cancellations:

  WT. NO.           ISSUED          AMOUNT        FUND / VENDOR

544848              4/25/2008   $      380.00     160/ County General Fund
                                                  V # 20215/ Bd. Of Tax Appeals
                                                  Fee pd by other vendor
546215              5/9/2008    $    7,500.00     110/ City General Fund
                                                  V # 13504/ Downtown Shareholder
                                                  Lost Warrant

       Action:        Received and filed.


   4. COMMUNICATION:

       Deborah Pack, Manager of Accounting, regarding Cash Transfer Memorandum August 2008:

       FUND FROM                    FUND TO                   PURPOSE                 AMOUNT
 County General             Tax Collection           Reclass Tax Revenue                 91,384.94
 Tax Collection             County General           ^                                    2,861.05
 Agency                     Tax Collection           ^                                        0.56
County General                          Public Levee                              ^                               350.00
County General                          Motor Vehicle                             ^                             23,337.03
EMS                                     City General                              EMS Sales Tax                640,500.00
City General                            Various                                   July Interest Distribution   107,849.49
Sewer System                            City General                              March-April-May PILOT        338,541.87
Variuos                                 Wkr's Comp.                               May-June-July Wkr's Comp.    346,052.26
City General                            Health Dept                               Hepatitis B Vac Reimb            45.00
Health Dept Grant                       Health Dept                               Indigent Reimb                 2,370.66
Sewer System                            Health Dept                               Vaccinations Reimb               45.00
Health Dept Grant                       Health Dept Grant                         ReclassExpense                 5,751.46
Other Sp Grant                          County General                            ^                             85,118.99
Other Sp Grant                          City General                              ^                            292,272.62
City General                            Internal Improvement                      ^                             24,762.48
Aging Dept                              Aging Dept Grant                          ^                              4,532.67


             Action:         Received and filed.


    5. COMMUNICATION:

             LaVert Murray, Director of Development, submitting a notice of public hearing to be held November 6,
             2008, at 7:00 p.m. regarding the proposed 1st Amendment to the I-70/Armstrong Redevelopment Plan.

             Action:         Received and filed.


    6. PERSONNEL ACTION COMMUNICATION, DATED OCTOBER 14, 2008:

                                  Section I - Appointments
                                                      Eff.
Name                     Department/Division          Date       Job Title
Ruth Clark               Election Office              10/1/08    Election Worker
Ladessa Donley           Election Office              10/1/08    Election Worker
Tammy Holmes             Election Office              10/1/08    Election Worker
Michael Jones            Election Office              10/2/08    Election Worker
Reginald Jones           Election Office              10/2/08    Election Worker
Harry Keith              Sheriff/Detention            10/9/08    Detention Deputy
Donna Walker             Election Office              10/1/08    Election Worker
                                       Section II - Transfers

                         Department/Divisi     Eff.
Name                     on                    Date             Former Job Title        New Job Title
Norma Cox                Fire/Admin.           10/5/08          Battalion Chief         Admin. Bat. Chief
                                                                Program
Robert Evans             Emergency Mgt.        10/16/08         Coordinator             Director
Brian Manning            Fire/Suppression      10/5/08          Admin. Batt. Chief      Fire Batt. Chief
Regina Robinson            Municipal Court            10/9/08         Admin. Suppt. Asst.    Court Clerk I
                                     Section III - Separations
                                                           Eff.
Name                       Department/Division             Date        Job Title
Khadijah Frazier           Election Office                 10/2/08     Election Worker
Paula Jaskinia             Election Office                 10/2/08     Election Worker
Ashley McConico            Election Office                 10/2/08     Election Worker
Norma McConico             Election Office                 10/2/08     Election Worker

                                                                       Public Health
Megan McDonald             Health/PHS                      10/16/08    Nurse
Debra Norman               Election Office                 10/2/08     Election Worker
Kimberly Norman            Election Office                 10/2/08     Election Worker
Roger Riley                Sheriff/Admin.                  10/1/08     Deputy
Charlene Scroggins         Election Office                 10/2/08     Election Worker
                   Section V - Increases per Memorandum of Understanding
                                                           Eff.
Name                       Department/Division             Date        Job Title
Steven Howard              Fire/Suppression                10/15/08    Master Fire Capt.
Luis Madrigal              Fire/Suppression                10/15/08    Master Fire Capt.
Anthony Merino             Fire/Suppression                10/15/08    Master Fire Capt.
David Pittaway             Fire/Suppression                10/15/08    Master Fire Capt.
                                 Section VII - Reclassifications

                                                           Eff.
Name                       Department/Division             Date        Former Job Title     New Job Title
                                                                       Admin. Suppt.        Admin. Suppt.
Shanelle Phoenix-Daniels   District Attorney's Off.        10/16/08    Asst.                Spec.


          Action:              Received and filed. Copy previously forwarded to Payroll.


    7. TRAVEL REQUESTS:

          Patty A. Kroll, Human Resources, travel to Wichita, Kansas, November 11 – 12, 2008, to attend
          Strategic Workforce Planning Conference, General Fund.

          Amanda Sappington, Clerk West, travel to Kansas City, KS, August 29, 2008 – February 18, 2009, to
          attend Emerging Leaders training.

          Action:              Approved by County Administrator’s Office and received and filed.


    8. CLAIMS FOR DAMAGES:

          Sherri Jones, through Timothy M. Alvarez, Attorney, 10 S. Hallock, Kansas City, KS, requesting
          workers compensation benefits for injury while on the job.
  Beverly Pender, 3337 Webster Ave., alleging damage to fence and yard by police car.

  Action:       Received and filed. Copies previously forwarded to Legal.


9. REQUESTS FOR LEGAL REPRESENTATION:

  Abraham Neal, Neighborhood Resource Center, Case No. 08-cv-02465 JWL/DJW
  Greg Talkin, Director of Neighborhood Resource Center, Case No. 08-cv-02465 JWL/DJW

  Action:       Received and filed. Copies previously forwarded to Legal.


10. SUMMONS IN CIVIL CASE:

  Before United States District Court, District of Kansas; Norman Richardson vs. Unified Government of
  Wyandotte County, Kansas, Greg Talkin and Abraham Neal, Case No. 08-cv-02465 JWL/DJW.

  Action:       Received and filed. Copies previously forwarded to Legal.


11. ALIAS REQUEST AND SERVICE INSTRUCTION FORM:

  All Star Properties, LLC vs. Stacie and Milton Springfield, Case No. 08CV1842.

  Action:       Received and filed. Copy previously forwarded to Legal.


12. APPLICATIONS FOR CMB LICENSE (PKG):

  Happy Foods North, Inc./James Odle d/b/a Happy Foods North, 5420 Leavenworth Rd.
  KCK Petroleum, Inc./Rick Rehorn d/b/a KCK Petroleum, 2101 Metropolitan Ave.

  Action:       Referred to License.


13. APPLICATIONS FOR DRINKING ESTABLISHMENT:

  B J B, Inc. of Kansas/Barbara Brown-Morris d/b/a Stardust Club, 1809 Minnesota Ave.
  Dave & Busters of Kansas, Inc./Teresa Cawthon d/b/a Dave & Busters, 1843 Village West Pkwy #201.
  Monchies, Inc./Raymond Hernandez d/b/a Monchies, 1350 S. 26th St.
  Oasis Club, Inc./Cinda Wyman d/b/a Oasis Club, 1111 Kansas Ave.
  Witch’s Brew, LLC/Joni Bocelewatz d/b/a Fat Matt’s Vortex, 411 N. 6th St.

  Action:       Referred to License.
14. APPLICATION FOR PRIVATE CLUB CLASS B:

  Frederick’s, Inc./Fred Mersman d/b/a Frederick’s, 4448 Speaker Rd.

  Action:       Referred to License.


15. APPLICATION FOR PRIVATE SECURITY BUSINESS:

  DIII Technologies/Rishawn Riley d/b/a DIII Technologies, 8733 N. Baltimore, Gladstone, MO.

  Action:       Referred to License.


16. APPLICATION FOR MASSAGE THERAPY BUSINESS LICENSE:

  Kristin Dahlke d/b/a West Dotte Massage Co., 7735 Washington.

  Action:       Referred to License.


17. APPLICATION FOR MASSAGE THERAPIST LICENSE:

  Kristin Dahlke d/b/with West Dotte Massage Co., 7735 Washington.

  Action:       Referred to License.
y


                               Memorandum
    To:     Dennis M. Hays, County Administrator
    From:   Tom G. Roberts
            Unified Government Clerk
    Date:   October 22, 2008
    Re:     Weekly Business Material



            Attached is a listing of weekly business items presented to the Unified Government of
            Wyandotte County/Kansas City, Kansas, for informational purposes.

            In addition to the listing of the items, we have indicated the action taken by the Unified
            Government Clerk.

            /tk
            Attachment
Weekly Business Material for October 22, 2008:

    1. AGREEMENT:

          G.A. Food Service, Inc., for congregate and home delivered meals.

          Action:              Approved by County Administrator and received and filed.


    2. COMMUNICATIONS:

          Jack Manahan, Chief Financial Officer, regarding warrant cancellations:

  WT. NO.                    ISSUED                    AMOUNT         FUND / VENDOR

559561                      9/26/2008              $      35.00       110/ City General Fund
                                                                      V # 13530/ Communities in Schools
                                                                      Unable to attend
558547                      9/5/2008               $     150.00       160/ County General Fund
                                                                      V # 80790/ John Jurcyk Jr.
                                                                      Issued in error
559882                      9/23/2008              $     217.20       750/ Payroll Clearing Deduct
                                                                      V # PA121
                                                                      Garnishment Canceled
559782                      9/26/2008              $    2,244.48      560/ Sewer System
                                                                      V # 24006
                                                                      Duplicate payment
560950                      10/3/2008              $      19.19       160/ County General Fund
                                                                      V K1246
                                                                      Lost Warrant

          Action:              Received and filed.


    3. PERSONNEL ACTION COMMUNICATION, DATED OCTOBER 17, 2008:

                                   Section III - Separations
                                                          Eff.
Name                       Department/Division            Date       Job Title
                                                                     Admin. Suppt.
Patricia Rozine            Sheriff/JDC                    10/15/08   Spec.
                  Section V - Increases per Memorandum of Understanding
                                                          Eff.
Name                       Department/Division            Date       Job Title
Ron Adams                  Buildings & Logistics          9/11/08    Caretaker
Myra Atkinson              Buildings & Logistics          4/17/08    Facility Worker
Laura Aubuchon-Miller      Police/Communications          11/29/08   Pub. Safety Disp.
LaVelle Battles            Buildings & Logistics          9/13/08    Caretaker
Kimberly Enriquez          Fire/EMS                       10/24/08   Firefighter II
Christopher Hatfield            Police/Communications            11/29/08           Pub. Safety Disp.
Justin Hildebrandt              Fire/EMS                         10/24/08           Firefighter/MICT I
David Jackson                   Buildings & Logistics            7/3/08             Caretaker
Jason Jenkins                   Fire/EMS                         10/24/08           Firefighter/MICT I
Nick Jennings                   Fire/EMS                         10/24/08           Firefighter II
Paul Joy                        Fire/EMS                         10/24/08           Firefighter/MICT I
Alan Korosec                    Fire/EMS                         10/24/08           Firefighter/MICT I
Frank Lopez                     Buildings & Logistics            10/7/08            Caretaker
Travis Menzies                  Fire/EMS                         10/24/08           Firefighter/MICT I
Debbie Pugh                     Buildings & Logistics            9/14/08            Caretaker
Towan Smith                     Fire/EMS                         10/24/08           Firefighter III
Adrian Swygert                  Fire/EMS                         10/24/08           Firefighter III
James Turney                    Police/Operations                11/10/08           Master Patrolman I
Ramona Vaca                     Buildings & Logistics            10/25/08           Caretaker
Clinton Wheeler                 Fire/EMS                         10/24/08           Firefighter/MICT I
                                           Section VIII - Other Requests

Name                 Department/Division                   Action Requested and Explanation

Roger Riley          Sheriff/Admin.                        to reflect change in separation effective date from 10/1/08 to 9/30/08.




           Action:                    Received and filed. Copy previously forwarded to Payroll.


    4. PERSONNEL ACTION COMMUNICATION, DATED OCTOBER 21, 2008:

                                                Section I - Appointments
                                                                     Eff.
Name                          Department/Division                    Date             Job Title
Jennifer Conejo               Election Office                        10/6/08          Election Worker
Rosa Hernandez                Election Office                        10/6/08          Election Worker
Leslielisa Lopez              Election Office                        10/6/08          Election Worker
Sharon Racer                  Election Office                        10/3/08          Election Worker
Daniel Reynoso                Election Office                        10/6/08          Election Worker
                                                                                      Intensive Sup.
Anita Taylor                  Comm. Corr./Adult                      10/30/08         Officer I
                       Section V - Increases per Memorandum of Understanding
                                                                     Eff.
Name                          Department/Division                    Date              Job Title
Erin Downing                  3-1-1 Operations                       10/14/08         Program Aide
Kecia Newton                  3-1-1 Operations                       10/19/08         Program Aide




           Action:                    Received and filed. Copy previously forwarded to Payroll.
5. TRAVEL REQUESTS:

  Janet Leverich, County Administrator’s Office, travel to Orlando, FL, November 11 – 15, 2008, to
  attend the National League of Cities & Exposition.

  Action:       Approved by County Administrator’s Office and received and filed.


6. CLAIMS FOR DAMAGES:

  Thomas Hardman, 2124 S. 35th St., alleging damage from sewer backup.

  Pauline Hardman, 2136 S. 35th St., alleging damage from sewer backup.

  Action:       Received and filed. Copies previously forwarded to Legal.


7. NOTICE OF CLAIM:

  Russell Owens, by and through his attorney William F. Dunn.

  Action:       Received and filed. Copies previously forwarded to Legal.


8. SUMMONS:

  Mortgage Electronic Registration Systems, Inc. as nominee for Deutsche Bank National Trust Company
  as Trustees under Novastar Funding Trustee vs. Salina Renteria, et al., Case No. 08CV 1995.

  American General Financial Services, Inc. vs. Wyandotte County Tax Commissioners, Case No. 08CV
  2011.

  American General Financial Services, Inc. vs. Wyandotte County Tax Commissioners, Case No. 08CV
  2012.

  American General Financial Services, Inc. vs. Wyandotte County Tax Commissioners, Case No. 08CV
  2080.

  Cook, Flatt & Strobel, Engineers, P.A. vs. Westfund, LCC; Brotherhood Bank & Trust; and Unified
  Government of Wyandotte County, Kansas City, Kansas, Case No. 08CV 2015.

  Action:       Received and filed. Copies previously forwarded to Legal.
9. APPLICATION FOR MASSAGE THERAPIST LICENSE:

  Arnaldo Fort d/b with Paradise Island Wellness Center, 4753 Parallel.

  Action:       Referred to License.
                           Memorandum
To:     Dennis M. Hays, County Administrator
From:   Tom G. Roberts
        Unified Government Clerk
Date:   October 29, 2008
Re:     Weekly Business Material



        Attached is a listing of weekly business items presented to the Unified Government of
        Wyandotte County/Kansas City, Kansas, for informational purposes.

        In addition to the listing of the items, we have indicated the action taken by the Unified
        Government Clerk.

        /tk
        Attachment
Weekly Business Material for October 29, 2008:

    1. AGREEMENTS:

         CHWC, Inc., to administer a HOME-funded program, $65,000

         City Vision Ministries, to administer a HOME-funded program, $315,000

         Mount Carmel Redevelopment Corporation, to administer a HOME-funded program, $322,000

         Action:             Approved by County Administrator and received and filed.


    2. CONTRACTS:

         Amino Brothers Construction, for Rosemont Curb Benefit District, $81,210.50

         Blaze Mechanical, Inc., for Primary Clarifier No. 1 Rehab at Kaw Point Treatment Plant, $343,917

         Miles Excavating, Inc., for Metropolitan Avenue Improvements 21st Street to 12th Street, $348,432.40

         Miles Excavating, Inc., for Westbound Kansas Avenue, $764,926.25

         Action:             Approved by County Administrator and received and filed.


    3. COMMUNICATIONS:

         Jack Manahan, Chief Financial Officer, regarding warrant cancellations:

  WT. NO.                  ISSUED              AMOUNT              FUND / VENDOR

559657                    9/26/2008        $      733.00           160/ County General Fund
                                                                   V # 80587/ Jessica Belcher
                                                                   Lost Warrant
558036                    9/5/2008         $      500.00           110/ City General Fund
                                                                   V # 38134 / Henry Horn
                                                                   Lost Warrant

         Action:             Received and filed.

    4. PERSONNEL ACTION COMMUNICATION, DATED OCTOBER 24, 2008:

                                      Section I - Appointments
                                                Eff.
Name              Department/Division           Date             Job Title
Brandee Alberty    Comm. Corr./Juv.             10/30/08         Juv. ISO
                                                Section II - Transfers

                                                         Eff.                                    New Job
Name                  Department/Division                Date            Former Job Title        Title
Thomas Gripp          Fire/Suppression                   10/23/08        Firefighter I           Fire Driver
                                            Section III - Separations
                                                         Eff.
Name                  Department/Division                Date            Job Title
Frank Bates           Public Works/Street                10/15/08        Equipment Operator II
                                                                         Pub. Safety
Jonathan Clark        Police/Communications              10/3/08         Dispatcher
Kristy Hirsch         Police/Operations                  10/14/08        Patrolman III
Wayne Hodges          Unified Clerk/Appraiser            10/14/08        Appraiser

                                                                         Pub. Safety
Vanessa Tuggle        Police/Communications              10/13/08        Dispatcher


          Action:                Received and filed. Copy previously forwarded to Payroll.



    5. PERSONNEL ACTION COMMUNICATION, DATED OCTOBER 28, 2008:

                                                 Section I - Appointments
                                                          Eff.
Name                        Department/Division           Date           Job Title
Christopher Basler          Fire/EMS                      10/20/08       Firefighter V
Scott Bennett               Fire/EMS                      10/20/08       Firefighter V
Julie Boulware              Fire/EMS                      10/20/08       Firefighter V
Christopher Bowling         Fire/EMS                      10/20/08       Firefighter V
Bradley Flanders            Fire/EMS                      10/20/08       Firefighter V
Jarod Gillenwater           Fire/EMS                      10/20/08       Firefighter V
Guadalupa Hernandez         Fire/EMS                      10/20/08       Firefighter V
Bryan Homer                 Fire/EMS                      10/20/08       Firefighter V
Rickie Hudson               Fire/EMS                      10/20/08       Firefighter V
Shawnn Lampson              Fire/EMS                      10/20/08       Firefighter V
Bradley Landers             Fire/EMS                      10/20/08       Firefighter V
Jeffrey Lane                Fire/EMS                      10/20/08       Firefighter V
Joshua Magaha               Fire/EMS                      10/20/08       Firefighter V
Christopher Maleta          Fire/EMS                      10/20/08       Firefighter V
David McGinnis              Fire/EMS                      10/20/08       Firefighter V
Michael Moeschler           Fire/EMS                      10/20/08       Firefighter/MICT III
Gregory Thornhill           Fire/EMS                      10/20/08       Firefighter V
Jessica Turlin              Fire/EMS                      10/20/08       Firefighter/MICT III
                                                   Section II - Transfers

                                                          Eff.
Name                        Department/Division           Date           Former Job Title           New Job Title
Paul Hernandez II           Fire/EMS                      10/20/08       Fire Trainee               Firefighter V
Angie Larson                Fire/EMS                      10/20/08       Fire Comm. Dispatcher      Firefighter V
Stephanie Vogel       3-1-1 Operations              10/30/08          Clerk                          Program Aide


                                            Section III - Separations
                                                    Eff.
Name                  Department/Division           Date              Job Title
John Manahan          Finance                       11/12/08          Chief Financial Officer
Emily Sharp           Finance/Accounting            11/3/08           Prof. Fiscal Assistant
                     Section V - Increases per Memorandum of Understanding
                                                    Eff.
Name                  Department/Division           Date              Job Title
Kelley Fitzpatrick    Sheriff/Detention             11/3/08           Detention Deputy
James Florez          Sheriff/Detention             11/17/08          Detention Deputy
Gayle Kershaw         Sheriff/Records               11/16/08          Clerk
                                          Section VIII - Other Requests

Name                  Department/Division           Action Requested and Explanation
Tammy Holmes          Election Office               Election Worker - Increase effective 10/16/08.
Michael Jones         Election Office               Election Worker - Increase effective 10/16/08.
Leslielisa Lopez      Election Office               Election Worker - increase effective 10/16/08.
Ivon Lozano           Court Trustee                 Child Support Enforcement Officer - effective 10/7/08.
Daniel Reynoso        Election Office               Election Worker - Increase effective 10/16/08.


           Action:         Received and filed. Copy previously forwarded to Payroll.


    6. TRAVEL REQUEST:

           John Adcox, Fire Operations, travel to Schiller Park, IL, October 27 – 28, 2008, to a focus group
           regarding the creation of the National Hazardous Materials Fusion Center, no cost.

           Action:         Approved by County Administrator’s Office and received and filed.


    7. CLAIMS FOR DAMAGES:

           Bertha Gonzales, 2118 S. 35th St., KCK, alleging damage due to sewer backup from heavy rain.

           Anqura Griffin, 1637 Washington Blvd #38, KCK, alleging damage to tires due to potholes.

           Leroy Howard, 2027 North 3rd St., alleging automobile damage caused by police vehicle running light.

           Richard Propst, 2703 W. 43rd Ave. alleging driveway damage due to snowplow truck.

           Robert Riley, 1626 S. 49th Place, through Brett Conrod, Attorney alleging personal and bodily injury
           when arrested.
  Les Washington, 8650 N. Oregon, Kansas City, MO, alleging automobile damage caused by public
  transportation vehicle.

  Action:       Received and filed. Copies previously forwarded to Legal.


8. SUMMONS IN CIVIL CASE:

  Before United States District Court, District of Kansas; Sharron Parker vs. Unified Government of
  Wyandotte County/Kansas City, KS, Case No. 6:08-cv-01038-MLB-KM.

  Before United States District Court, District of Kansas; Norman Richardson vs. Unified Government of
  Wyandotte County, Kansas, Greg Talkin, and Abraham Neal, Case No. 08-cv-02465 JWL/DJW.

  Action:       Received and filed. Copies previously forwarded to Legal.


9. SUMMONS:

  Ashley Jaynes vs. Unified Government of Wyandotte County/Kansas City, KS and M. A. Wilcox, Case
  No. 2008 CV1924.

  Action:       Received and filed. Copy previously forwarded to Legal.


10. CERTIFICATES OF INSURANCE:

  Aerial FX (2)
  Ash Grove Cement Company
  B & J Food Service Equip of KS
  CC Enviroklean, Inc.
  Commenco, Inc./Mr. Brent Hathhorn
  F & G Mechanical Services, Inc.
  Five Star Mechanical Contractors, Inc.
  Garwin Electric
  Glen Anderson Plumbing/Anderson Air
  H. B. Lindesay DBA Lindesay’s Lawn & Tree Service
  Harvey Bros. Trucking & Wrecking Co., Inc.
  KVC Health Systems, Inc./James Thompson
  Kingston Environmental Services, Inc.
  Loomis Armored US, Inc. d/b/a Loomis, Fargo & Co.
  Magellan Pipeline Company, LP
  O’Donnell & Sons Construction
  Professional Escorts, Inc.
  Rockhill Electric, Inc.
  Ronan’s Roofing, Inc.
  Simmons Security & Protection Services, Inc.
  Stones Plumbing Company Robert/Stone & Ronald York
  ThyssenKrupp Access Corporation d/b/a Access of Kansas City
  Tucker Enterprises, Inc.
  United Sign Corp.
  United States Construction, Inc.
  WSC Services, Inc.
  Western Enterprise, Inc./A-Tech HVAC, LLC
  Whelan Security Co.
  Young Sign Company, Inc.

  Action:       Referred to License.


11. BUSINESS BONDS:

  Auctioneer’s Bond:
         Dennis Wendt

  Electrical Bonds:
          CBE Electrical Contractors, LLC
          Custom Electric
          JJJ’s Electric, Inc.
          David Jaeger
          Jack McGrew DBA McGrew Construction
          Christopher Reinhold
          Glen R. Sharp DBA Woodland Electric, Inc.

  Mechanical/HVAC Bonds:
        Airtech Engineering, Inc.
        Pro Metals, L.L.C.

  Plumbing Bonds:
        Garrison Plumbing, Inc.
        Gravatt’s Inc.
        Johnson Brothers Plumbing
        Midland Contractors, Inc.

  Second Hand and Junk Dealer’s Bond:
        Gladis Lazo d/b/a El Hondureno Salvage

  Action:       Referred to License.
12. PERFORMANCE AND MAINTENANCE BOND:

  Full Bright Maintenance, Inc.

  Action:       Referred to License.


13. CONTINUATION CERTIFICATES:

  Contractor’s Bond:
         Temp Masters, LLC

  Electrical Bonds:
          M.D. Electric, Inc.
          Nelson Fuller DBA Nelson Electric

  Heating and A/C Bond:
         A. B. Heating & Cooling, Inc.

  Junk Dealer Bond:
        ABC, Inc.

  Plumber’s Bonds:
        AMI Mechanical, Inc.
        Gladstone Sewer & Plumbing Co., Inc.
        Dennis E. Rogers DBA Prairie Center Plumbing & Heating, Inc.

  Sign Hanger Bond:
        First Street Graphics

  Action:       Referred to License.


14. NOTICES OF CANCELLATION:

  Blasting Bond:
         Damon Pursell Construction Company

  Electrical Bond:
          Devries Electric, Inc.
  Plumber’s Bond:
          Home Depot Installation Services, Inc. d/b/a Home Depot Home Services Bath Remodeling
          United Underground Utilities, Inc.

  Action:       Referred to License.
15. RECIND CANCELLATION NOTICE:

  Jess & Theresa Harding d/b/a Harding Heating & Plumbing

  Action:       Referred to License.


16. BOND CHANGE REPORT:

  Valley Moving, LLC

  Action:       Referred to License.


17. APPLICATIONS FOR DRINKING ESTABLISHMENT:

  BJR, Inc./William Thomas d/b/a Dads, 1111 N. 50th Terr.
  CB, Inc./Shane Boutz d/b/a Chicago’s, 534 Central Ave.
  Danny’s North, Inc./James Hendricks d/b/a Danny’s Bar & Grill, 10940 Parallel Pkwy.
  Manuel Jose, Inc./Manuel Lopez d/b/a Isaiah’s Bar Grill & Cantina, 812 S. 12th St.
  Tucker’s Welborn Tavern, Inc./R. Darci Courtney d/b/a Tucker’s Welborn Tavern, 5041 Welborn Ln.

  Action:       Referred to License.


18. APPLICATION FOR CATERER/DRINKING ESTABLISHMENT:

  Club La Cascada, LLC/Pablo Nevarez d/b/a Club La Cascade, 6550 Kaw Dr.

  Action:       Referred to License.


19. APPLICATION FOR PRIVATE CLUB CLASS B:

  Douglas W. Miller/Douglas Miller d/b/a Dixie’s Club, 1042 Central Ave.

  Action:       Referred to License.


20. APPLICATION FOR PRIVATE SECURITY BUSINESS:

  MVM, Inc./Corporation Service Company d/b/a MVM, Inc., 1593 Spring Hill Rd. #700, Vienna, VA.

  Action:       Referred to License.
                                                                                      Tracking No. 080307
                                  Staff Request for                                                              d
                                                                                                                 e
                                                                                                                 f
                                                                                                                 g Revised
                                                                                                                 c
                                 Commission Action                                                               d
                                                                                                                 e
                                                                                                                 f
                                                                                                                 g On Going
                                                                                                                 c


Type: Standard
Committee: Full Commission

Date of Standing Committee Action:
 (If none, please
                           Continuation of TIF project approved earlier through Standing Committee
explain):
Proposed for the following Full Commission Meeting Date:                            Confirmed Date: 11/6/2008
11/6/2008
d
e
f
g Changes Recommended By Standing Committee (New Action Form required with signatures)
c
    Date:            Contact Name:            Contact Phone:         Contact Email:          Ref:        Department / Division:
10/30/2008 LaVert Murray                    573-5730           lmurray@wycokck.org                   Development/Economic
Item Description:
On June5, 2003 the Unified Government Commission approved Ordinance No. O-23-03 establishing the Mission Cliffs II
Redevelopment District. On March 10, 2005 the Unified Government Commission adopted Ordinance No. O-24-05, which split
the Mission Cliffs II Redevelopment District into two project areas, project area "A" and project area "B". On June 2, 2005 the
Unified Government Commission adopted Ordinance No. O-47-05 approving Mission Cliffs II Redevelopment Plan for project
area "A". On August 28, 2008 the Unified Government Commission adopted Ordinance No. O-59-08 approving the Mission
Cliffs II Redevelopment Plan for the project area "B". Project area "B" requires funding generated by project area "A". In order
to fill the gap within the project area "B" an Amendment for project area "A" is required to capture the increase in value for the
single family homes and town homes constructed therein. Once Amended, project area "A" will provide for a $387,209 increase
in TIF proceeds to be used to help close the gap for project area "B". Therefore, the 2nd Amendment to the Mission Cliffs II
project area "A" is feasible, however a financial gap remains in project area "B" in the amount of $108,320 that must be
managed by the developer.


Action Requested:
Adopt the Ordinance approving the 2nd Amendment to the Mission Cliffs II project area "A".



*Publish adopted Ordinance on the following Thursday.




d
e
f
g Publication Required
c

Budget Impact: (if applicable)

 Amount: $
 Source:
  e
  f
  g Included In Budget
  c
  d
  d
  e
  f
  g Other (explain)
  c




                                     File Attachment                  File Attachment                  File Attachment
SCAN0159_001.pdf
Adobe Acrobat Document
454 KB
                                                                                       Tracking No. 080305
                                  Staff Request for                                                                d
                                                                                                                   e
                                                                                                                   f
                                                                                                                   g Revised
                                                                                                                   c
                                 Commission Action                                                                 d
                                                                                                                   e
                                                                                                                   f
                                                                                                                   g On Going
                                                                                                                   c


Type: Standard
Committee: Full Commission

Date of Standing Committee Action:
 (If none, please
                            Continuation of TIF project approved earlier through Standing Committee
explain):
Proposed for the following Full Commission Meeting Date:                              Confirmed Date: 11/6/2008
11/6/2008
e
f
g Changes Recommended By Standing Committee (New Action Form required with signatures)
c
d
    Date:           Contact Name:            Contact Phone:            Contact Email:           Ref:       Department / Division:
10/30/2008 LaVert Murray                   573-5730             lmurray@wycokck.org                    Development/Economic
Item Description:
Attached is an Ordinance to consider approving the 1st Amendment to the I-70/Armstrong Project Plan. On July 20, 2006 the
U.G. Commission established the I-70/Armstrong Redevelopment District by Ordinance No. O-67-06. On September 11, 2006
the U.G. Planning Commission found it in conformance with the U.G. Master Plan at a public meeting. On December 14, 2006
the U.G. Commission adopted Ordinance No. O-136-06 approving the Redevelopment Plan. Prime Investments previously
submitted a plan for a 120,000 sq. ft. industrial building on the site at an estimated cost of $3,800,000. Cited needs caused an
increase in the building size from 120,000 sq. ft. to 150,860 sq. ft. building, which increased the cost from the original amount of
$3,800,000 to $5,263,112. This calls for an Amendment to the plan by the Unified Government Commission. November 6,
2008 sets a Public Hearing date to consider the adoption of the 1st Amendment to the I-70/Armstrong Project Plan.




Action Requested:
Adopt the Ordinance approving the 1st Amendment to the I-70/Armstrong Project Plan.


*Publish the adopted Ordinance on the following Thursday.




d
e
f
g Publication Required
c

Budget Impact: (if applicable)

 Amount: $
 Source:
  e
  f
  g Included In Budget
  c
  d
  d
  e
  f
  g Other (explain)
  c




                                      File Attachment                  File Attachment                  File Attachment
SCAN0158_001.pdf
Adobe Acrobat Document
574 KB
                                                                                  Tracking No. 080306
                                  Staff Request for                                                         c
                                                                                                            d
                                                                                                            e
                                                                                                            f
                                                                                                            g Revised
                                 Commission Action                                                          e
                                                                                                            f
                                                                                                            g On Going
                                                                                                            c
                                                                                                            d


Type: Standard
Committee: Neighborhood and Community Development Committee

Date of Standing Committee Action: 11/3/2008
 (If none, please
explain):
Proposed for the following Full Commission Meeting Date:                       Confirmed Date: 11/6/2008
11/6/2008
d
e
f
g Changes Recommended By Standing Committee (New Action Form required with signatures)
c
    Date:          Contact Name:          Contact Phone:          Contact Email:       Ref:       Department / Division:
10/30/2008 George Brajkovic             573-5749            gbrajkovic@wycokck.org             Property Management
Item Description:
 Resolution authorizing the Unified Government to request a Brownfield Assessment Grant from the Environmental Protection
Agency.




Action Requested:
  Requesting approval of the resolution, which will allow the Unified Government to request a Brownfield Assessment Grant
from the Environmental Protection Agency.




d
e
f
g Publication Required
c

Budget Impact: (if applicable)

 Amount: $ 0
 Source:
  d
  e
  f
  g Included In Budget
  c
  e
  f
  g Other (explain)
  c
  d




                                                                                                  File Attachment
                               RESOLUTION NO. _________


A RESOLUTION AUTHORIZING THE UNIFIED GOVERNMENT OF WYANDOTTE
COUNTY AND KANSAS CITY, KANSAS TO SUBMIT AN APPLICATION TO THE
ENVIRONMENTAL PROTECTION AGENCY FOR AN EPA BROWNFIELD
ASSESSMENT GRANT

      Whereas, The Environmental Protection Agency (“EPA”) administers the Brownfield
Assessment Grant; and

       Whereas, The Brownfield Assessment Grant provides resources to identify, assess, and
characterize Brownfield sites; and

        Whereas, An application has been prepared to request community outreach and planning
as it pertains to Brownfield location, and Phase I and Phase II Environmental Site Assessments;
and


      NOW, THEREFORE, BE IT RESOLVED BY THE GOVERNING BODY OF THE
UNIFIED GOVERNMENT OF WYANDOTTE COUNTY/KANSAS CITY, KANSAS, AS
FOLLOWS: That the County Administrator is authorized to sign on behalf of the Unified
Government, and to submit an application and administer an EPA Brownfield Assessment Grant
and

      THIS RESOLUTION IS ADOPTED by the Governing Body of the Unified
Government of Wyandotte County/Kansas City, Kansas, this____ of November, 2008.

                                           UNIFIED GOVERNMENT OF WYANDOTTE
                                           COUNTY/KANSAS CITY, KANSAS


                                           By: ________________________________
                                              Mayor/Chief Executive


(SEAL)

ATTEST



       Unified Government Clerk
Mayor/CEO Joe Reardon
Unified Government of Wyandotte County/Kansas City, Kansas
701 N. 7th St.
Kansas City, KS 66101-3064

USEPA Region 7
Susan Klein
Regional Brownfields Coordinator
901 North 5th Street
Kansas City, Kansas 66101

November 28, 2008

Dear Mrs. Klein:

The Unified Government of Wyandotte County/Kansas City, Kansas (“the UG”) is pleased to
submit the attached Community-wide Brownfields Hazardous Substance and Petroleum
Assessment Grant Proposal for your consideration. The assessment grant requested would allow
us to assess and characterize historically industrial and mixed used sites in our Discovery Point
Revitalization Area (DPRA), an area with a history of stockyards, river commerce, and railroad
industries that is currently littered with abandoned businesses, dilapidated housing, former gas
stations and warehouses. In recent years, the UG, in conjunction with its local partners and Tetra
Tech, has initiated a comprehensive effort for the redevelopment of this area through the creation
of the Discovery Point Revitalization Plan (“DPRP”). A critical part of this redevelopment
planning includes identification and evaluation of potential environmental concerns, integration
of environmental due diligence and potential mitigation activities into the overall redevelopment
schedule and strategy. This funding request and your support is critical to helping the UG
achieve its redevelopment goals in this area and serve as a catalyst for other areas in downtown
KCK and Wyandotte County as a whole.

On behalf of the UG and its local partners, I would like to thank you for your support and
diligent consideration of this proposal.

Sincerely,


Mayor/CEO Joe Reardon
Unified Government of
Wyandotte County/Kansas City, Kansas




“the Country about the mouth of this river is verry fine.”, Capt William Clark upon landing at
Kaw Point on June 27, 1804.

Kansas City, Kansas Community-wide Brownfield Assessment Grant                                   1
Applicant Information


   a. Applicant Identification: Unified Government of Wyandotte County/Kansas City,
      Kansas; 701 N. 7th St., Kansas City, KS 66101-3064

   b. Funding Requested:
         i.     Grant Type: Assessment
         ii.    Amount: $400,000
         iii.   Contamination: $200,000 Hazardous Substances and $200,000 Petroleum
         iv.    Community-wide


   c. Location:
        Wyandotte County, Kansas
        Mayor/CEO: Joe Reardon
        Address: 701 N. 7th St., Kansas City, KS 66101-3064
        Phone: (913) 573-5010         Fax: (913) 573-5020

   d. Property Name and Address: does not apply to community-wide grants


   e. Contacts:
         i. Project Director
            Georges Brajkovic, Property Manager
            Unified Government of Wyandotte County/Kansas City, Kansas
            701 N. 7th St., Suite 505, Kansas City, KS 66101-3064
            Ph: (913) 573-5749        Fax: (913) 573-5030##                               Formatted: Font color: Auto
            Email: gbrajkovic@wycokck.org

         ii. Chief Executive/Highest Ranking Elected Official
             Mayor/CEO: Joe Reardon
             Unified Government of Wyandotte County/Kansas City, Kansas
             Address: 701 N. 7th St., Kansas City, KS 66101-3064
             Ph: (913) 573-5010       Fax: (913) 573-5020

   f.   Date Submitted: November 14, 2008


   g. Project Period: October 1, 2009 – September 30, 2012

   h. Population: 153,956 (Census 2007, Wyandotte County)




Kansas City, Kansas Community-wide Brownfield Assessment Grant                        2
Table of Contents


  Threshold Criteria for Assessment Grants .................................................................................. 2
     1. Applicant Eligibility............................................................................................................ 2
     2. Letter from the State or Tribal Environmental Authority ................................................... 2
     3. Site Eligibility and Property Ownership Eligibility ............................................................ 2
  Ranking Criteria for Assessment Grants..................................................................................... 2
     1. Community Need ................................................................................................................ 2
        a. Health, Welfare and Environment................................................................................... 2
        b. Financial Need ................................................................................................................ 4
     2. Project Description and Feasibility of Success ................................................................... 4
        a. Project Description .......................................................................................................... 4
        b. Budget for EPA Funding and Leveraging Other Resources ........................................... 7
        c. Programmatic Capability ................................................................................................ 8
     3. Community Engagement and Partnerships ......................................................................... 9
        a. Plans for Involving Affected Communities .................................................................... 9
        b. Plans for Partnerships ................................................................................................... 11
        c. Description and Role of Key Community-based Organizations .................................. 11
     4. Project Benefits ................................................................................................................. 12
        a. Welfare and/or Public Health ........................................................................................ 12
        b. Economic Benefits and/or Green Space ....................................................................... 14
        c. Infrastructure Reuse/ Sustainable Reuse/Environmental Benefits ................................ 15
        d. Plan for Tracking and Measuring Progress ................................................................... 16




Kansas City, Kansas Community-wide Brownfield Assessment Grant                                                                             1
Threshold Criteria for Assessment Grants

1. Applicant Eligibility

As a City and a County, the Unified Government of Wyandotte County/Kansas City, Kansas
(“the UG”) is eligible to apply for a Brownfield Assessment grant as a General Purpose Unit of
Local Government as defined under 40 CFR Part 31.

2. Letter from the State or Tribal Environmental Authority

Attached is a letter from the Kansas Department of Health and Environment (KDHE), the
appropriate state environmental authority acknowledging the UG’s intent to apply for Federal
grant funds, and conduct community-wide hazardous substance and petroleum assessment
activities with a focus towards the Discovery Point Revitalization Area (DPRA) (Attachment #).

3. Site Eligibility and Property Ownership Eligibility

The Applicant is submitting a Community-Wide Assessment Grant proposal, thus site eligibility
or property ownership eligibility criteria are not applicable at this time. Once awarded funds,
the UG will review candidate sites internally with U.S. EPA to ensure site eligibility before
bidding any site assessments.


Ranking Criteria for Assessment Grants

1. Community Need

a. Health, Welfare and Environment
    The area of concern highlighted in this proposal is the Northeast neighborhood of Kansas
    City, Kansas, with a focus on an area of about 325 acres delineated by Stewart Avenue to the
    north, Minnesota Avenue to the south, the Missouri river to the east and North 5th Street to
    the west. This focused area (referred thereafter to as the Discovery Point Revitalization Area
    or DPRA) is presented in Figure 1. A historical review of activities performed by EDR on
    December 17, 2007 revealed many sites of concern with regard to generation, transport,
    storage, and/or spills of hazardous substances/wastes within the DPRA. For example, In the
    DPRA there are 23 RCRA SQG sites, 38 FINDS sites, 1 Federal CERCLIS and 6 State
    CERCLIS sites and 10 State LUST sites. This high concentration of Brownfields presents a
    threat of potential contamination to the residents and the environment in the area.
    Furthermore, the dilapidated buildings pose a safety risk to children and other members of
    the community who might find them to be an attractive nuisance.




Kansas City, Kansas Community-wide Brownfield Assessment Grant                                  2
Figure 1: Northeast neighborhood/Discovery Point Revitalization Area (DPRA) in Kansas City,
Kansas


   In addition to the propensity of Brownfields in the DPRA, Wyandotte County ranked among
   the dirtiest/worst 10% of all counties in the United States in terms of total environmental
   releases and added cancer risk from hazardous air pollutants, mainly from mobile source
   emissions of diesel (2002). The county ranked among the dirtiest/worst 20% of all counties
   in the United States in terms of impaired surface waters and number of impaired water
   bodies. Wyandotte County also ranked among the top 10% of all counties in the United
   States in terms of number of housing units with a high risk of lead hazards, and was second
   highest ranked county in Kansas in terms of lead release to air.

   The UG has a population of 153,956 (U.S. Census 2007) with the population in the DPRA at
   approximately 913 (U.S.EPA Environmental Justice Geographic Assessment Tool using
   2000 census data). The resident population of the DPRA is comprised of higher
   concentrations of those living in poverty, minorities, and sensitive populations (children,
   minors especially) than the state at large. According to the EPA EJ Geographic Tool, over
   93% of the population within the Project Area is minority, compared to 17% for the state of
   Kansas and 48% for Wyandotte County, with about 92.2% of these residents being African-
   American, compared to 5.6% for the state and 28.4% for the county. An estimated 510
   minors and children constitute about 55% of the resident population within the DPRA
   compared to 38% and 34% for the county and state, respectively. The fraction of seniors (65
   years and older) in the DPRA is similar to the county and state at about 11%. These
   populations may be particularly sensitive to the environmental contamination present in close

Kansas City, Kansas Community-wide Brownfield Assessment Grant                                3
   vicinity to their residences, and are generally at higher risk for health concerns because of
   limited access to medical care. It must be noted that the industries in or near the DPRA are
   among the most significant polluters in Wyandotte County in terms of emissions and health
   risks, which puts the resident population of the DPRA at greater environmental and health
   risk than other populations throughout the greater Kansas City, Kansas metropolitan area.
   Health reports especially show that the African-American population of Wyandotte County is
   at greater risk for heart disease and cancers of all types than the population of Caucasian
   origin (EPA EJ Geographic Tool). Also, people of color in Wyandotte County, which
   constitute the majority of the DPRA residents, are considered to have twice the
   environmental burden in terms of toxic chemical release, and 20% more cancer risk from
   hazardous air pollutants, than the population of Caucasian origin (scorecard.org).

   Clearly the environmental improvements that can come from this grant will have a
   significant and beneficial impact on the residents within the DPRA.

b. Financial Need
    About 49.3% of the DPRA residents live in poverty, compared to a poverty rate of 9.6% for
    the state and 16.3% for the county. The EJ Geographic Tool also indicates that 22.3% of the
    households in the DPRA are on public assistance compared to 4.5% for the county. The
    income of 72% of these households is below $25,000, compared to proportions of 35% for
    the county and 28% for the state. Housing for these residents is mostly rented rather than
    owned (80.3%), while residents of the county and state at large enjoy a proportion of
    homeowners about three times higher. The unemployment in the DPRA is at 13%, compared
    to much lower unemployment rates for the county and state at 8.2% and 4.2% respectively.
    Only 23% of residents over 25 years of age pursued academic studies after high school, while
    the statistics for the county and state are much higher at 36% and 53%, respectively.

   In light of this economic data, it is evident that the economic situation of the DPRA
   population is much more fragile than that of neighboring areas in Wyandotte County or the
   state at large, limiting the ability of the UG to draw additional funding from an already
   impoverished community. Jobs created and homes built within the DPRA will benefit
   residents truly in need of financial improvements.

2. Project Description and Feasibility of Success

a. Project Description
    Upon landing at Kaw Point on June 27, 1804, Captain William Clark, of the Lewis & Clark
    scientific expedition, wrote: “the Countrey about the mouth of this river is verry fine.” The
    goal and commitment of the UG and its partners is to initiate, through this Brownfield
    Assessment Grant proposal, the restoration of this area so it can be considered again as an
    attractive place to live, work, and enjoy the outdoors and the scenic landscapes that this
    historical location has to offer.

   The bi-state Kansas City area has a history of economic and industrial influence throughout
   the twentieth and into the twenty-first century. It is an area with a history of stockyards, river
   commerce, and railroad industries. As a central continental location known for its

Kansas City, Kansas Community-wide Brownfield Assessment Grant                                     4
   transportation leadership, Kansas City, Kansas (KCK) has benefited from warehousing,
   distribution, and transportation-related commerce. As a result of shifting population centers,
   KCK recognizes the many economic redevelopment opportunities associated with an area
   that has suffered from a gradual changing of the inner urban area over time. This change has
   left certain downtown areas underutilized. The DPRA, between downtown KCK and Kaw
   Point in KCK’s Northeast neighborhood, is one such area that holds tremendous promise.
   The environmental assessments to be funded under this grant are the first step in a
   revitalization plan for the DPRA that will include a 10-year planned redevelopment of the
   area under a phased approach (Discovery Point Revitalization Plan or revitalization plan).

   This plan focuses on connecting the DPRA to downtown Kansas City, Kansas. Specifically,
   components of the revitalization include addressing environmental impacts (Brownfield
   assessment and remediation planning), Kaw Point Park improvements, trail and levee
   enhancements, attention to historical resources, housing options, industrial and warehousing
   choices, downtown gateway improvements, crime/safety improvements, a high-end research
   component, improved connection to the downtown, and long-term expansion.

   The UG intends to use this grant to conduct an initial site screening of properties in the
   DPRA. Grant funds will also be used to determine the eligibility of the potential sites,
   prioritize the sites, conduct community outreach throughout the DPRA, conduct Phase I
   Environmental Site Assessments (ESAs) on the highest priority sites, and conduct Phase II
   ESAs as needed to resolve recognized environmental conditions identified from the Phase I
   ESAs. Funding will also be used to undertake cleanup and strategic planning activities
   relative to the redevelopment of the Brownfield sites assessed. Activities as described below
   include Identification and Prioritization of Sites, Phase I and Phase II Site Assessments and
   Site Cleanup Planning. Community outreach will be conducted throughout all activities.

   i. Identification and Prioritization of Sites
   Previous and Planned Inventory Activities
   On behalf of the UG, Tetra Tech, Inc. (Tetra Tech) has invested an initial level of research
   and resources to evaluate the revitalization potential of the DPRA. A preliminary screening
   of the targeted area was previously performed during the creation of the redevelopment plan.
   This screening consisted of compiling a history of the area and identifying properties that
   were impacted by hazardous and/or petroleum substance releases, based on past use. For the
   purpose of this assessment grant proposal, preliminary insight into potential environmental
   conditions associated with the DPRA has been gained through review of environmental
   database reports from EDR, historical land use maps (Sanborn maps), discussions with
   individuals knowledgeable about the area, and other sources. Sanborn maps for the Kaw
   Point area indicate historical land use primarily associated with manufacturing, commercial,
   and warehouse operations. Sanborn maps for the Children’s Campus area indicate that this
   area was originally a densely developed residential, commercial and light manufacturing area
   and has changed to primarily office and commercial use. Currently identified areas with
   potential environmental issues within the DPRA include:
     Several petroleum- and oil-impacted locations;
     Several fuel and gas and filling stations;
     Seven leaking underground storage tanks;

Kansas City, Kansas Community-wide Brownfield Assessment Grant                                 5
     Several garages;
     Two (perhaps three) Manufactured Gas Plants and associated coal storage;
     One coal site.
     Two metal works manufacturing areas;
     Several other manufacturing areas;
     Two dry cleaning operations;
     One paint and glazing operation;
     One cold storage;
     Loading docks/conveyor;
     One engine room;
     One boiler;
     Two electrical transformers; and
     One drum site

   Site Selection Criteria
   With a clear vision established through the adoption of the Discovery Point Revitalization
   Plan to improve the Kaw Point area and the data already gathered (described above), the UG
   will attack their largest Brownfield redevelopment issues with the assistance of stakeholders
   and partners. The preliminary delineation of the project area was driven by negative factors
   highlighting the need for redevelopment of the area (e.g. environmental contamination, and
   demographic and socio-economic profile of the DPRA population), and by positive factors
   highlighting the great potential of the area for redevelopment (e.g. excellent access to
   interstate I-70, great interstate visibility, lack of available industrial development sites in the
   urban metropolitan area, and proximity to Kansas City Executive airport and KCI airport).
   A determination will be made regarding the eligibility of the sites as Brownfields and
   regarding other relevant eligibility criteria. Prioritization criteria will be developed and
   contaminated areas within the DPRA will be prioritized using factors such as size, location,
   future intended use, pending sale, and environmental status. The UG will construct a
   prioritization matrix to determine the highest priority properties for assessment based on their
   environmental issues, location and size, and their future intended use pursuant to the
   revitalization plan. Selected sites will be submitted to EPA Region 7 staff for an eligibility
   determination following a preliminary screen by the UG.

   Access Issues
   The UG has been very successful in obtaining signed access agreements from property
   owners for past projects within the county. If the UG is unsuccessful in obtaining access to
   privately-owned properties, assessment activities will be performed from the UG-owned
   right-of-way and adjacent properties. Many of the sites in the DPRA are publicly-owned or
   owned by project stakeholders so the UG doesn’t anticipate difficulty gaining access to these
   sites. For other sites, the UG plans to keep property owners updated about the assessment
   process and, while emphasizing to them that their cooperation is voluntary, help property
   owners to understand the benefits to individual owners as well as the community at large of
   participating in the program. If public health is at risk, the UG will take the necessary legal
   action to obtain access. The UG will emphasize that site access is necessary to conduct the
   required due diligence prior to acquisition. By conducting the environmental site assessment,
   it will establish baseline conditions that will protect the property owner from potential future
   liability. As property owners realize the redevelopment initiative is coming to fruition along


Kansas City, Kansas Community-wide Brownfield Assessment Grant                                      6
   with continued financial commitments from EPA and other federal and state partners, they
   will be more likely to provide access.
   ii. Phase I and Phase II Assessments
   A critical part of redevelopment planning includes the identification and evaluation of
   potential environmental concerns and the integration of environmental due diligence and
   potential mitigation activities into the overall redevelopment schedule and strategy. The
   preliminary site screening identified several sites of concern within the DPRA with potential
   environmental issues. The contamination issues associated with the DPRA area expected to
   be diverse and difficult due to the number of commercial and industrial operations that
   occurred within the project area throughout the past. These sites will be included in the
   scope of the environmental assessment that will be performed if the requested funds are
   obtained. These assessments, comprised of Phase I and Phase II assessments, will follow the
   EPA-approved ASTM Standards for Environmental Assessments and will comport with the
   KDHE Bureau of Remediation requirements for Voluntary Cleanup and Property
   Redevelopment or other relevant program. The UG and its partners are fully committed to
   appropriately inventory, characterize, assess, and quantify the types, extent and locations of
   chemical contamination from previous and current industrial and/or mixed use activities in
   the DPRA.

   It is anticipated that approximately 40 Phase I ESAs will be conducted costing approximately
   $3000 each. Based on the results of the Phase I ESAs, properties with recognized
   environmental conditions will be made candidates for Phase II ESAs. A quality assurance
   project plan, sampling and analysis plan, and an area-specific health and safety plan will be
   developed as part of this task for each area investigation in the DPRA. It is estimated that
   costs for each Phase II ESA will range from $15,000 to $20,000 and it is assumed that 6-10
   sites will warrant Phase II ESAs.

   iii. Site Cleanup Planning
   Using the data produced from the Phase I and Phase II Assessments, cleanup and
   redevelopment planning will be conducted on certain sites. It is anticipated that
   approximately 10 clean up planning reports will be generated at a cost of $3,400 each.

   iv. Community Outreach
   This task will focus on seeking input on the prioritization and the site selection process, and
   on discussing the results of Phase II ESAs prior to or as part of cleanup planning.

   These tasks will spur the revitalization plan into action and will allow redevelopment
   activities to be initiated. It will also help mitigate the negative perceptual impact that the
   Brownfield sites have on the community, improve the quality of life of the residents, and
   provide an improved economic environment for much needed environmentally-conscious
   businesses to flourish in the DPRA.

b. Budget for EPA Funding and Leveraging Other Resources
   i. Tasks and Budget for EPA Funding



Kansas City, Kansas Community-wide Brownfield Assessment Grant                                  7
       Task                                         Dollars $
                                                    Hazardous substances    Petroleum
       Identification and Prioritization of sites   10,000                  10,000
       Phase I ESAs                                 63,000                  63,000
       Phase II ESAs                                90,000                  90,000
       Cleanup Planning                             17,000                  17,000
       Community Outreach                           20,000                  20,000
       Total                                        200,000                 200,000


   ii. Leveraging of Additional Resources
   The UG has an excellent reputation for securing and successfully managing federal and state
   funding sources to address community needs. It is expected that the requested funds will not
   be sufficient to complete all the phases of the assessment program. Therefore, the UG will
   seek out and commit available local, state, and federal funding to address any gaps in the
   redevelopment process. Financial incentives may come from federal, state, and/or local
   public sector sources. Public sector financing options include: Brownfields Economic
   Development Initiative Grants (BEDIs), General Obligation Bonds, Tax Increment Financing
   (TIF) and Super TIF options, Property Tax Abatement and Tax Relief, EPA Brownfield
   Cleanup Grants, Community Development Block Grant (CDBG) Funds, HUD Section 108
   Loan Guarantees, Economic Development Administration (EDA) funds, HUD Hope VI
   Program Funding, State Financial Incentives - Tax Credits and Grants, and Empowerment
   Zones and Enterprise Communities. Private-sector financing options include: Responsible
   Parties, Purchasers, Investors, Commercial Banks, and Foundations.

c. Programmatic Capability
    i. History of Managing Federal Funds
    Not Applicable.
   ii. Ability to Manage Grant/Successful Performance
   The UG has not managed any U.S. EPA Brownfields Grants, however, we have been
   involved with EPA’s Brownfields Program on two previous occasions. Between 1998 and
   2001, KCK was part of a bi-state Brownfields Showcase Initiative. Kansas City, Missouri
   received and managed the associated assessment grant. A few sites in KCK were assessed
   with those funds, however, the UG did not manage the funds. In 2000, the UG also received
   a $500,000 grant to capitalize a Cleanup revolving Loan Fund. After we received this grant,
   we found that setting up a RLF program was more challenging than anticipated. At that time
   we had many competing priorities and not enough staff to create a Brownfields program of
   our own, and we did not have properties assessed and ready to make use of cleanup funds. In
   2004, we returned the funds to EPA so that other communities with a greater state of
   readiness could use them. We are now ready to start building our Brownfields capacity
   starting with an assessment program. We have conducted sufficient preliminary data
   gathering to allow us to come into this grant proposal with a clearer sense of the Brownfields
   issues. The UG has a revitalization plan and partners with the expertise to make it a reality.
   We now have staff in place both for programmatic and financial management of the work;
   and we have public support and partners who are challenging us to build a strong and viable
   Brownfields Program.
Kansas City, Kansas Community-wide Brownfield Assessment Grant                                 8
   The finance system currently used by the UG has the capability of segregating all proceeds
   and expenditures for this project under a special revenue fund specifically designated for the
   Brownfields Assessment Grant. Allen, Gibbs & Houlik, L.C. (AGH) Certified Public
   Accountants and Advisors have filed an Independent Auditors’ Report on compliance with
   requirements applicable to each major program and internal control over compliance in
   accordance with OMB Circular A-133. The Schedule of Expenditures of Federal Awards was
   also subjected to the auditing procedures, and in AGH’s opinion, was fairly stated in all
   material respects, in relation to the basic financial statements taken as a whole. The auditors
   issued an unqualified report on the federal awards, found no material weaknesses in the
   internal controls over major programs, but did identify a few reportable conditions that are
   not considered to be material weaknesses. They also disclosed findings that were required to
   be reported in accordance with section 510(a) of OMB Circular A-133. In all instances,
   management agreed to put recommended practices into place. Additionally, the UG is not,
   nor ever has been, required to comply with “high-risk” terms and conditions of agency
   regulations implementing OMB Circular A-102.

   The UG has the expertise and financial management tools in place to manage this project.
   The UG will carry out the responsibilities for record keeping, ensuring the use of the
   Assessment Grant is tracked, recorded, and reported to the U.S. EPA.
   The Property Management Department will determine the areas of assessment following
   consultation with the Department of Development, Public Works and Legal Departments.
   The Property Management Department maintains the database of public-owned real property
   in Wyandotte County, fields inquiries from developers and investors on various projects, and
   does preliminary title searches.
   The UG Procurement and Contract Compliance Department will be responsible for acquiring
   qualified contractors through the RFP process to conduct environmental assessments on
   properties in the target area.

   iii. Prior Cooperative Agreements with EPA for Brownfields
   Not Applicable.

3. Community Engagement and Partnerships

a. Plans for Involving Affected Communities
   i. Project Involvement
   The community will be involved at each critical stage of the brownfield assessment, cleanup,
   and redevelopment process. Thanks to a strong network of neighborhood organizations, the
   UG will be able to reach and engage all the interested parties in the project area and the wider
   community. Liveable Neighborhoods, Inc. serves in a coordination role by hosting monthly
   meetings of neighborhoods leaders to discuss community-wide issues, progress toward
   resolutions, and to share information on government activities and services. Upon receipt of
   this grant, the UG will plan to participate in the next meeting to describe and explain to the
   wider community the proposed assessment project and the opportunities provided by this
   grant, and will ask inputs in the development of the project work plan. The UG will also

Kansas City, Kansas Community-wide Brownfield Assessment Grant                                   9
   engage local residents of the project area through participation in monthly meetings of
   resident organizations, such as the Northeast Neighborhood Association, the North East
   Business Association, and the Downtown Shareholders. Finally the project team will
   participate in the Weed and Seed group monthly meetings held by the Police District 117 to
   discuss how the revitalization plan will help in providing a safer, more equitable and
   prosperous environment for the local community. Such meetings will allow providing the
   project team with an on-going dialogue and feedback from the community and residents of
   the project area. Regular reports will be submitted to the UG council and disseminated in the
   community. Citizens and stakeholders will also be able to make comments regarding all
   phases of redevelopment, via email, U.S. Mail, or telephone contacts.
   ii. Communication of Progress
   Appropriateness of Notification Methods
   The UG uses the newspaper, local radio stations, local community group meetings, and UG
   Council meetings to notify the community of public meetings, and invite comments. All
   public outreach efforts have been in English. Less than 2% of the residents in the DPRA
   speak a language other than English at home, and less than 0.7% were categorized as
   speaking English “not well” or “not at all”. Since residents of Hispanic origin constitute the
   second largest minority with a proportion of 1.4% of all residents, brochures will be provided
   in Spanish, and the UG will provide a translator for public meetings, if necessary.
   Pre-Award Community Notification
   Prior to this Brownfield Assessment proposal, the targeted community in the project area has
   been involved in the creation of the Discovery Point Revitalization Plan, which outlines the
   different phases of redevelopment of the area discussed in this proposal. Inputs from major
   stakeholders, community-based organizations, and several local partners were taken into
   account through visits and conversations with the redevelopment team (which includes the
   UG, Tetra Tech and KDHE) during the creation of this plan. All parties involved expressed
   great support and enthusiasm for the Project, as illustrated in the letters of support attached to
   this proposal. From the initiation of this plan, the UG has made a priority to involve the
   residents of the targeted area and their representatives to insure that the redevelopment of this
   area benefits and promotes the interests of all parties involved.
   Community Notification of On-going Progress
   The UG has strived to make community involvement a key component of all county projects
   throughout the community. The UG will use its Planning, Zoning, and Building Safety staff
   along with other UG departmental staff to educate, and engage the community in the
   redevelopment process. The UG publishes news and announcements in the Kansas City Star,
   the local daily newspaper. These articles will be used to inform and educate the residents
   within and around the DPRA of the development and progress of the assessment activities,
   and also address any issue of concerns that arise during the project performance period. The
   UG will also, with permission, collect email addresses of interested community members, so
   updates can be sent electronically to those who wish to receive them. For those without
   access to email, brochures (both in English and Spanish) will be developed that will be
   available at various points around the community.




Kansas City, Kansas Community-wide Brownfield Assessment Grant                                    10
b. Plans for Partnerships
    To ensure appropriate and sustainable reuse of brownfields, the UG has garnished partners at
    all levels including the community-based organizations, non-profit agencies, local
    businesses, economic development groups, and numerous local, county, state, and Federal
    agencies. The UG will continue to build upon their relationships with these existing
    organizations, and continue to look for others to assure the success of brownfields
    redevelopment in the DPRA. The UG also plans to continue to involve local stakeholder
    groups, such as the Citizen’s Planning Committee, Wyandotte Development, the Children’s
    Campus of Kansas City, the Kansas Bioscience Authority, the Friends of Kaw Point Park, the
    Kansas Department of Health and Environment, the Kansas Department of Wildlife and
    Parks, the KCK Chamber of Commerce.

c. Description and Role of Key Community-based Organizations
   The UG has garnished community-based partners that will be involved in the assessment
   activities and the redevelopment project as a whole. All partners are very enthusiastic about
   the project and its benefits to the community, as illustrated by their respective letters of
   support (Attachment #). Description of such key organizations is described thereafter:
   Northeast Neighborhood Association
   This organization will assist with every step of the assessment phase, and the redevelopment
   project as a whole.
   North East Business Association - NEBA
   This organization will assist with every step of the assessment phase, and the redevelopment
   project as a whole.
   Northeast Development Council - NDC
   This organization will assist with every step of the assessment phase, and the redevelopment
   project as a whole.
   Liveable Neighborhoods, Inc.
   The mission of Liveable Neighborhoods, Inc. is to act as liaison between the UG and
   community leaders and advocate for legislative, ordinance and policy change that will create
   clean and safe neighborhoods. This organization will assist with every step of the assessment
   phase, and the redevelopment project as a whole.
   Downtown Shareholders, Inc.
   The Downtown Shareholders is a grass-roots coalition of residents, businesses, community
   leaders, nonprofit service providers and government representatives that is taking step to
   increase commercial viability and to shape downtown safety, code compliance, housing
   options and future development. This organization will assist with every step of the
   assessment phase, and the redevelopment project as a whole.
   Weed and Seed Group
   Weed and Seed is an operation of Police District 117 aimed "weeding out" criminals who
   participate in violent crime and drug abuse; and "seeding in" human services to the area,
   encompassing prevention, intervention, treatment, and neighborhood revitalization. In this
   capacity, this group will help in bringing to fruition the project’s vision for safe and equitable
   neighborhoods in the project area.

Kansas City, Kansas Community-wide Brownfield Assessment Grant                                    11
   City Vision Ministries - CVM
   CVM is a nonprofit community development organization which builds and promotes
   comprehensive, sustainable economic redevelopment for the revitalization of urban KCK
   neighborhoods. CVM will assist with every step of the assessment phase, and the
   redevelopment project as a whole.

   Wyandotte Development Inc. - WDI
   Wyandotte Development Inc. serves as the Economic Development Council for Wyandotte
   County and focuses on business/project attraction, business retention, County-wide
   marketing, and workforce development. WDI will assist with every step of the assessment
   phase, and the redevelopment project as a whole.

   Citizen’s Planning Committee - CPC
   The CPC is a nonprofit, nonpartisan organization which promotes citizen driven community
   planning and action, and acts as an advisory body to WDI to guide, monitor, and evaluate
   implementation of the Wyandotte County Strategic Plan. In its advisory capacity, the CPC
   will assist with every step of the assessment phase, and the redevelopment project as a whole.
   Friends of Kaw Point Park Inc.The Friends of Kaw Point is a public/private partnership
   involved with improvements to Kaw Point Park and coordinating, creating, and
   implementing projects and events. The Friends of Kaw Point will be involved with the
   integration of Kaw Point Park into the Project’s vision and assist in bringing to fruition an
   environmentally-friendly atmosphere to the redeveloped Project area.

4. Project Benefits

a. Welfare and/or Public Health
    The primary goal of this strategy, beyond the aesthetic, economic and civic goals of
    Brownfield redevelopment, is to assess and remove public health and environmental threats
    that may linger from past releases of hazardous substances and petroleum.
   i. Identifying and Reducing Threats to Public Health and the Environment
   In Northeast KCK, and especially in the focused project area, industries including grain
   storage, rail car loading and unloading, petroleum refining and various manufacturing
   operations, have historically located along the Missouri riverfront or along the railroad line
   that parallels the river. With community growth, several past and present industrial activities
   are located within neighborhoods, leading to contamination and health risks for the residents
   of the project area and especially for the sensitive populations (elderly, children). Previous
   environmental assessments performed in Northeast KCK indicate hazardous substances and
   petroleum products, including coal tar from former manufactured gas plants, metals, and
   volatile organic compounds (specifically VOCs associated with petroleum releases),
   particularly in groundwater, have migrated beyond their point of origin, or have no known
   source. These plumes represent possible ongoing health threats needing further attention.
   Coal tar generally presents itself in the form of Polycyclic Aromatic Hydrocarbons (PAHs),
   primarily benzo(a)apyrene. According to the Agency for Toxic Substances and Disease
   Registry (ATSDR), benzo(a)pyrene is a probable human carcinogen, shown to induce
   leukemia and tumors of the stomach and the lungs, in animal studies.


Kansas City, Kansas Community-wide Brownfield Assessment Grant                                 12
   Known VOCs at various sites within the CPRA include VOCs normally associated with
   gasoline use (e.g. benzene) and grain fumigation (carbon tetrachloride). Benzene is classified
   as a known human carcinogen, shown to induce leukemia. Both the International Agency for
   Research on Cancer (IARC) and the EPA have classified carbon tetrachloride as a probable
   human carcinogen. High exposure to this compound can cause liver, kidney, and central
   nervous system damage. Metals present in the area include arsenic and lead. Arsenic is a
   known human carcinogen, shown to induce organ cancers (lungs, liver, bladder, kidneys) and
   skin cancers. Darkening of the skin (hyperpigmentation) and wart formation (keratosis) are
   also linked to exposure to arsenic.

   Lead is an especially serious contaminant, since it affects practically all systems within the
   body. Fetuses, infants, and children are more vulnerable to lead exposure than adults since
   lead is more easily absorbed into growing bodies, and the tissues of small children are more
   sensitive to the damaging effects of lead, which include delays in physical and mental
   development and damages to the central nervous system, kidney and blood cells. Risks from
   lead exposure are elevated in children because of their more frequent hand-to-mouth
   behavior (Centers for Disease Control and Prevention, 1991). This behavior in conjunction
   with the presence of contaminated and blighted areas in which the children roam and play put
   the resident children of the project area at a serious health risk. The fact that there are large
   plumes of contaminated groundwater in areas adjacent to the river means that there is also a
   threat to aquatic life in the project area. Surface run-off from industrial sites may also be
   posing a threat to public health and the environment.
   Despite this serious situation, little evaluation of these neighborhood sites has occurred.
   Therefore, it is the UG’s commitment to dedicate the largest portion of the requested
   community-wide assessment grant funds to conduct Phase I and Phase II Environmental Site
   Assessments (ESAs). Environmental concerns will be identified during the Phase I
   assessments. Environmental risks will be characterized during the evaluation and assessment
   process, with highest priority for characterization and remediation being given to those sites
   that present the greatest likelihood of an exposure health risk to the community. To fully
   assess potential environmental risks during the site characterization, an EPA-approved
   Sampling and Analysis Plan Quality Assurance and Project Plan and Health and Safety Plan
   will be developed and utilized. All Phase II assessments will verify and the existence of any
   perceived threats and determine the type and extent of any contamination. Phase II reports
   will include comparisons to risk-based protection levels for soil and groundwater and discuss
   specific petroleum and hazardous substances above these levels, along with public health
   summaries from the ATSDR. In addition to chemical characterization, Phase II reports may
   include considerations for redevelopment, such as construction worker protections, risk
   management practices and interim land stewardship prior to redevelopment.
   Based on the information gathered during Phase II assessments, sites in need of cleanup are
   expected to be enrolled in the Kansas Voluntary Cleanup and Property Redevelopment
   Program (VCPRP), Land Recycling Program (LRP), or UST program, as appropriate.
   KDHE’s project manager will oversee the planning and cleanup phases of the project.
   Contamination through all media will be addressed. All planned cleanups will be engineered



Kansas City, Kansas Community-wide Brownfield Assessment Grant                                   13
   and implemented according to the Risk-based standards for Kansas to assure the safety of the
   intended end-use.
   It is expected that assessment and cleanup activities will identify and help significantly
   reduce threats to the resident population and the environment in the project area, paving the
   way for redeveloped neighborhoods and providing a cleaner and safer living environment for
   all, and especially for the sensitive populations including children, elderly, and women of
   child-bearing age.
   ii. Protection of Public Health and the Environment
   The UG is committed to working with all the stakeholders to circulate any necessary health
   information that arises during the assessment and redevelopment process to insure that
   sensitive populations in the project area are aware and protected against contaminants on
   Brownfield sites assessed under this grant. The UG is also prepared to use incentives offered
   through the Kansas Department of Commerce, the UG’s Neighborhood Revitalization Tax
   Rebate Incentive Program (NRA), the UG’s tax increment financing district, and state
   enterprise zone benefits to provide community outreach efforts that will educate the public of
   the environmental concerns and how improving environmental conditions results in a vibrant,
   equitable, and healthy community. Properties determined to require cleanup will be entered
   into Kansas LRP, VCPRP, or UST program, as appropriate. These programs use Risk-based
   Correction Action levels based on U.S. EPA’s cumulative increased cancer risk evaluations
   and require public notification and a comment period for all proposed corrective actions. If
   necessary, institutional controls will be placed on impacted properties during cleanup
   activities and enrolled in KDHE’s Environmental Use Controls (EUC) program. Protection
   from exposure to hazardous substances, pollutants, contaminants, and/or petroleum will be
   evaluated for the sensitive populations including children, elderly, and women of child-
   bearing age, due to the close proximity of industrial/commercial properties to residential
   neighborhoods. Throughout the project, careful consideration of potential health risks to
   residents will be given. Especially, correlations of detected contaminants with local health
   problems will be ascertained by the UG Public Health Department and KDHE, by using the
   findings of Phase I and II ESAs. Any data referring to specific hazardous substances or
   petroleum identified during the assessment activities will be shared with local and State’s
   health officials to outline and discuss human health and environmental concerns.

   These actions will assure that all and especially sensitive populations of the project area will
   be informed about and protected against any potential contamination present in their
   neighborhoods.

b. Economic Benefits and/or Green Space
   i. Promotion of Economic Benefits
   Areas on the fringes of the Greater Kansas City Metro Area, in downtown Kansas City,
   Missouri and in the western portion of KCK have flourished in the past 8 years, driving
   businesses and economic growth away from the Northeast neighborhood and especially away
   from the DPRA. Most of this economic growth is due to revitalization and redevelopment
   efforts. However, developers are not likely to select the Northeast neighborhood, unless
   environmental concerns are first addressed. The Brownfield assessment activities proposed
   here are the first step in a revitalization plan that is aimed at rebuilding confidence and

Kansas City, Kansas Community-wide Brownfield Assessment Grant                                   14
   attracting developers, businesses, and residents back in the Northeast neighborhood, bridging
   the widening gap between the western and eastern part of the county.

   The three main economic concerns that are now facing the residents of the DPRA are
   poverty, unemployment, and housing, all of which are interconnected and aggravated by a
   lower education level than the neighboring populations of Wyandotte County. It is expected
   that the comprehensive and realistic revitalization of the DPRA will improve the local
   economy through cascading effects. First, assessment and cleanup activities will provide
   increased land utilization, rebuild public confidence, and provide a better living and working
   environment. This will be followed by an improvement of the overall tax base and spawn
   new residential and commercial development. As a result, new jobs will be created for the
   residents, helping erase the stigma of unemployment and poverty. New affordable housing
   options will be offered to the residents to increase home ownership in the area, therefore
   improving the sense of community. It is expected that the revitalization efforts will also
   benefit others outside the Northeast neighborhood by providing a welcoming environment
   for businesses and prospective residents alike, bringing more revenue and tax dollars into the
   local economy. All efforts will be made to ensure that revitalization actions are aimed at a
   long-term, sustainable and successful development of the area with tangible benefits to the
   local community.

   ii. Green Space
   The vision of the Discovery Point Revitalization Plan will improve the connectivity of the
   project area with downtown KCK and showcase the historical Kaw Point area. The existing
   Kaw Point Park and Riverfront Heritage Trail will be at the center of a network of connected
   trails, greenways, bikeways and walkways, with a primary focus on Kaw Point, the site of the
   landing of the Lewis and Clark expedition on June 26, 1804. While the appearance of the
   area will be greatly improved by the removal of urban blight and deterioration, green features
   will be either improved upon or added to promote a vibrant and environmentally-friendly
   atmosphere for families and workers alike. These green features will include grassed areas,
   trees, diverse vegetation, along with a redesigned trail system that will interconnect all parts
   of the project area. Emphasis will be given to local and perennial vegetation to reduce
   maintenance costs and provide a healthier, attractive and more sustainable environment.
   Recreation areas with easy access to residents and visitors will also be incorporated in the
   trail system that emphasizes scenic viewsheds. Such comprehensive redesign will promote a
   healthy lifestyle for the residents and local workers, with easy bikeable and walkable access
   to all parts of the area. The improved connectivity to downtown KCK, along with the
   redesign of the trail system and green spaces are expected to draw visitors and residents to
   enjoy the outdoors and rediscover this underutilized and currently unattractive yet historical
   riverfront area.

c. Infrastructure Reuse/ Sustainable Reuse/Environmental Benefits
    In order to provide a more sustainable environment to the residents and workers of the
    project area, several measures will be adopted by the UG. First, an effort will be made to
    reuse or recycle construction materials obtained through demolition of existing but blighted
    or abandoned buildings. Such materials can be used in the redesign of the green spaces and
    trail system mentioned above and as fill material. Second, the interconnectiveness provided

Kansas City, Kansas Community-wide Brownfield Assessment Grant                                  15
   by the trail system and improved public transit and parking in the project area will reduce
   dependency on cars for short trips and in turn reduce traffic and subsequent pollution. Third,
   an effort will be made to adopt Leadership in Energy and Environmental Design (LEED)
   standards in the construction of the proposed developments (e.g. Hillside Bioscience
   Research Park, Kaw Point Business Park, and Discovery Point Residential Village complex).
   Such standards promote energy efficiency and efforts will be made to provide sustainable
   solutions for lighting, insulation, air-conditioning and choice of construction materials for all
   the proposed redevelopment projects. Fourth, the use of renewable energy (especially more
   suitable solar) will be included as a component of development design, to promote self-
   sufficient and self-reliant constructions. Fifth, as highlighted above, the design of the green
   spaces will include low-maintenance, local, and sturdy vegetation, therefore limiting
   excessive watering, and aimed at limiting the use of pesticides and herbicides. Finally,
   environmentally-friendly waste management and recycling practices will be promoted
   throughout the project area.

   All of these measures will be publicized throughout the project area to promote and educate
   residents, local businesses and visitors about the environmental and economic benefits of
   sustainable practices.

d. Plan for Tracking and Measuring Progress
    The UG will establish specific milestones and measures when we develop the work plan for
    the grant application. We will provide quarterly progress reports to EPA and KDHE
    including timely financial reporting. We will also provide copies of the site assessment
    reports to EPA and KDHE as a means of communicating our progress. And we will work
    with community organizations to establish a system for tracking and measuring progress that
    is meaningful to them. We expect to achieve the following as a result of a Brownfields
    Assessment Grant:
   i. Outcomes
       • Additional acres of land ready for reuse or cleanup and then reuse
       • Reduced health threats, especially to children and aquatic systems, in areas where
           assessment and cleanup occurs
       • Residents and city officials more knowledgeable of programs and techniques to
           manage contaminated land and return it to use
       • Additional jobs created through land reuse and additional income to city and land
           back on the tax roll
       • Additional partnerships with federal, state and local organizations to revitalize
           underutilized and blighted places in the community

   ii. Outputs
        • Over 100 parcels screened for historical uses indicative of hazardous substance and/or
           petroleum contamination
        • Approximately 40 Phase I Site Assessment Reports
        • Approximately 6-10 Phase II Site Assessment Reports
        • Approximately 10 Reports containing cleanup strategies
        • Continuous community engagement activities including at least 2 public meetings

Kansas City, Kansas Community-wide Brownfield Assessment Grant                                   16
                                                                                    Tracking No. 080304
                                  Staff Request for                                                            d
                                                                                                               e
                                                                                                               f
                                                                                                               g Revised
                                                                                                               c
                                 Commission Action                                                             d
                                                                                                               e
                                                                                                               f
                                                                                                               g On Going
                                                                                                               c


Type: Standard
Committee: Neighborhood and Community Development Committee

Date of Standing Committee Action: 11/3/2008
 (If none, please
                             Requested to be fast tracked for the November 6th Full Commission Meeting
explain):
Proposed for the following Full Commission Meeting Date:                      Confirmed Date: 11/6/2008
11/6/2008
d
e
f
g Changes Recommended By Standing Committee (New Action Form required with signatures)
c
    Date:           Contact Name:         Contact Phone:         Contact Email:         Ref:       Department / Division:
10/29/2008 Robert Roddy                 573-5400            broddy@wycokck.org                 Public Works
Item Description:
The Kansas City, Kansas Convention and Visitor's Bureau has asked Unified Government's support in designating U.S. Highway
69 as a National Scenic Byway/Frontier Military Scenic Byway. A resolution signed by the governing body is required. A copy
of the resolution and supporting documentation is attached.




Action Requested:
Approval of the request and adoption of the resolution. Please note that in order to comply with the November 15th deadline for
submission to the State of Kansas, this Request for Action must go before the Full Commission at it's November 6th meeting.

There is no budget impact.




d
e
f
g Publication Required
c

Budget Impact: (if applicable)

 Amount: $ 0
 Source:
  d
  e
  f
  g Included In Budget
  c
  e
  f
  g Other (explain)
  c
  d




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