STATE OF KANSAS ) REGULAR SESSION WYANDOTTE COUNTY )) SS THURSDAY, AUGUST 21, 2008 CITY OF KANSAS CITY, KS )

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1 STATE OF KANSAS ) REGULAR SESSION WYANDOTTE COUNTY )) SS THURSDAY, AUGUST 21, 2008 CITY OF KANSAS CITY, KS ) The Unified Government Commission of Wyandotte County/Kansas City, Kansas, met in regular session Thursday,, with ten 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; Kane, Commissioner Fifth District; Pettey, Commissioner Sixth District; Cooley, Commissioner Seventh District; Ellison, Commissioner Eighth District; and Reardon, Mayor/CEO presiding. Mitchell, Commissioner Fourth District was absent. The following officials were also in attendance: Hal Walker, Chief Counsel; Tom Roberts, Unified Government Clerk; Doug Bach, Deputy County Administrator; Gordon Criswell, Assistant County Administrator; Gary Ortiz, Assistant County Administrator; and Captain Doug Parisi, Sergeant-at-Arms. MAYOR REARDON called the meeting to order. ROLL CALL: Pettey, Cooley, Ellison, Holland, DeSeure, Barnes, Miller, Murguia, Kane, Reardon. INVOCATION was given by Commissioner Barnes. THE AGENDA FOR, was presented. Mayor Reardon asked if there were any revisions to the agenda. Tom Roberts, Unified Government Clerk, stated there are two new items. On the Standing Committee Agenda, Item No. 2, request funding from the 50/50 Sidewalk Program for the Ruby Avenue, 12th to 18th St. Project. On the Commissioners Agenda, a request to travel to Stapleton, CO, from Commissioner Murguia. This had been through the Commission previously but it was in a previous calendar year.

2 CONSENT AGENDA Mayor Reardon asked if there were any set-asides on the Consent Agenda. Commissioner Kane made a motion, seconded by Commissioner Ellison, to approve the Consent Agenda. Roll call was taken and there were nine Ayes, Pettey, Cooley, Ellison, Holland, DeSeure, Barnes, Miller, Murguia, Kane. MAYOR S AGENDA No items of business CONSENT AGENDA ITEM NO RESOLUTION Synopsis: Authorizing the Unified Government, upon completion of the sale, to execute a special warranty deed, bill of sale, release of real estate and other release documents to effect the option to purchase pursuant to the lease in connection with the Unified Government's $1,750,000 Federally Taxable Private Activity Revenue Bonds, Series 1996 (Comfort Inn Project at 78th & State), submitted by Jack Manahan, Chief Financial Officer. On August 4, 2008, the Economic Development and Finance Standing Committee, chaired by Commissioner DeSeure, voted unanimously to approve and forward to the full commission. RESOLUTION NO. R-85-08, A resolution authorizing the Unified Government of Wyandotte County/Kansas City, Kansas, to execute a special warranty deed, a bill of sale, a release of real estate and other release documents and to take certain other actions to effect the option to purchase pursuant to the lease in connection with the Unified Government s $1,750,000 Federally Taxable Private Activity Revenue Bonds, Series 1996 (Comfort Inn Project.) Commissioner Kane made a motion, seconded by Commissioner Ellison, to Cooley,

3 ITEM NO RESOLUTION Synopsis: Setting September 18, 2008, as a public hearing date to consider the establishment of the Happy Foods North Transportation Development District at 55th and Leavenworth Road, submitted by LaVert Murray, Department of Development. On July 10, 2008, the full commission unanimously adopted Resolution No. R authorizing a development agreement with Happy Foods North to reopen the former Balls Grocery Store. RESOLUTION NO. R-86-08, A resolution of the governing body of the Unified Government of Wyandotte County/Kansas City, Kansas, calling and providing for the giving of notice of a public hearing on the advisability of creating a transportation development district in the city of Kansas City, Kansas, to be known as the Happy Foods TDD and making certain transportation project improvements therein; and providing for the giving of notice of said hearing. Commissioner Kane made a motion, seconded by Commissioner Ellison, to Cooley, ITEM NO CHANGE REQUESTS Synopsis: Communications from Eugene Bryan, Jr., County Appraiser, submitting 1991, 1997, 2002, 2006 tax year Change Request Nos , 26660, 26757, 26818, and removals; and 2007 tax year Change Request Nos and valuation. Commissioner Kane made a motion, seconded by Commissioner Ellison, to approve. Roll call was taken and there were nine Ayes, Pettey, Cooley,

4 ITEM NO. 4 - MINUTES Synopsis: Minutes from regular session of July 10, 2008; and special session of July 31, Commissioner Kane made a motion, seconded by Commissioner Ellison, to approve. Roll call was taken and there were nine Ayes, Pettey, Cooley, ITEM NO. 5 - WEEKLY BUSINESS MATERIAL Synopsis: Weekly business material dated August 6 and 13, Commissioner Kane made a motion, seconded by Commissioner Ellison, to receive and file and authorize fund transfers. Roll call was taken and there were nine Ayes, Pettey, Cooley, Ellison, Holland, DeSeure, Barnes, Miller, Murguia, Kane. PUBLIC HEARING AGENDA No items of business STANDING COMMITTEES AGENDA Jack Manahan, Chief Financial Officer, stated when we do public works projects that are financed with temporary notes, we include reimbursement language in the resolutions in case we need to spend money early. In the 2008 Revised Budget and the 2009 Budget, because of our concerns with cash, we took some projects that had initially been considered to be cash financed and turned them into debt projects. We need to do a reimbursement resolution for all of those projects now. Mayor Reardon asked if there were any set-asides. There were none. Commissioner Miller made a motion, seconded by Commissioner Ellison, to adopt the resolutions.

5 Item No RESOLUTIONS Synopsis: Thirteen resolutions announcing the UG's intent to reimburse itself from tax-exempt bond or note proceeds for prior capital expenditures within the requirements of the federal tax laws, submitted by Fred Backus, Public Works. Resolutions authorizing specific projects and the issuance of notes/bonds will be presented as the projects are identified. This item was scheduled to appear before the Public Works and Safety Standing Committee, chaired by Commissioner Holland, on August 18, It was requested, and received approval from the Mayor, that this item be fast tracked to the full commission meeting on. RESOLUTION NO. R-87-08, A resolution that the Unified Government of Wyandotte County/Kansas City, Kansas expects to make capital expenditures after the date of this resolution in connection with the 2009 ADA Pedestrian Ramp Program and the Unified Government intends to reimburse itself for such expenditures with the proceeds of bonds, notes, or a lease purchase agreement and that the maximum principal amount of the bonds, notes, lease agreement, or other obligations expected to be issued for the project is $50,000 plus cost of issuance and interest on any temporary financing. Commissioner Miller made a motion, seconded by Commissioner Ellison, to adopt the resolution. Roll call was taken and there were nine Ayes, Pettey, Cooley, Ellison, Holland, DeSeure, Barnes, Miller, Murguia, Kane. RESOLUTION NO. R-88-08, A resolution that the Unified Government of Wyandotte County/Kansas City, Kansas expects to make capital expenditures after the date of this resolution in connection with the 2009 Neighborhood Street Resurfacing Program and the Unified Government intends to reimburse itself for such expenditures with the proceeds of bonds, notes, or a lease purchase agreement and that the maximum principal amount of the bonds, notes, lease agreement, or other obligations expected to be issued for the project is $1,500,000 plus cost of issuance and interest on any temporary financing. Commissioner Miller made a motion, seconded by Commissioner Ellison, to adopt the

6 resolution. Roll call was taken and there were nine Ayes, Pettey, Cooley, RESOLUTION NO. R-89-08, A resolution that the Unified Government with the 2009 Neighborhood Curb and Sidewalk Repair and the Unified Government intends to reimburse itself for such expenditures with the proceeds of bonds, notes, or a lease agreement and that the maximum principal amount of the bonds, notes, lease agreement, or other obligations expected to be issued for the project is $75,000 plus cost of issuance and interest on any temporary financing. Cooley, RESOLUTION NO. R-90-08, A resolution that the Unified Government with the 2009 Concrete Street Repair Program and the Unified Government intends to reimburse itself for such expenditures with the proceeds of bonds, notes, or a lease agreement and that the maximum principal amount of the bonds, notes, lease agreement, or other obligations expected to be issued for the project is $125,000. plus cost of issuance and interest on any temporary financing. Cooley, RESOLUTION NO. R-91-08, A resolution that the Unified Government with the 2009 Arterial/Collector Resurfacing Program and the Unified Government intends to reimburse itself for such expenditures with the proceeds of bonds, notes, or a lease agreement and that the maximum principal amount of the bonds, notes, lease agreement, or other obligations expected to be issued for the

7 project is $700,000 plus cost of issuance and interest on any temporary financing. Commissioner Miller made a motion, seconded by Commissioner Ellison, to adopt the resolution. Roll call was taken and there were nine Ayes, Pettey, Cooley, Ellison, Holland, DeSeure, Barnes, Miller, Murguia, Kane. RESOLUTION NO. R-92-08, A resolution that the Unified Government with the 2009 Guardrail Replacement Program and the Unified Government intends to reimburse itself for such expenditures with the proceeds of bonds, notes, or a lease agreement and that the maximum principal amount of the bonds, notes, lease agreement, or other obligations expected to be issued for the project is $70,000 plus cost of issuance and interest on any temporary financing. Cooley, RESOLUTION NO. R-93-08, A resolution that the Unified Government with the 2009 Asphalt Street Repair Program and the Unified Government intends to reimburse itself for such expenditures with the proceeds of bonds, notes, or a lease agreement and that the maximum principal amount of the bonds, notes, lease agreement, or other obligations expected to be issued for the project is $150,000. plus cost of issuance and interest on any temporary financing. Commissioner Miller made a motion, seconded by Commissioner Ellison, to adopt the resolution. Roll call was taken and there were nine Ayes, Pettey, Cooley,

8 RESOLUTION NO. R-94-08, A resolution that the Unified Government with the 2009 Railroad Crossing Improvements and the Unified Government intends to reimburse itself for such expenditures with the proceeds of bonds, notes, or a lease agreement and that the maximum principal amount of the bonds, notes, lease agreement, or other obligations expected to be issued for the project is $50,000 plus cost of issuance and interest on any temporary financing. Cooley, RESOLUTION NO. R-95-08, A resolution that the Unified Government with the 2009 Street Lighting Program and the Unified Government intends to reimburse itself for such expenditures with the proceeds of bonds, notes, or a lease agreement and that the maximum principal amount of the bonds, notes, lease agreement, or other obligations expected to be issued for the project is $100,000 plus cost of issuance and interest on any temporary financing Commissioner Miller made a motion, seconded by Commissioner Ellison, to adopt the resolution. Roll call was taken and there were nine Ayes, Pettey, Cooley, RESOLUTION NO. R-96-08, A resolution that the Unified Government with the 2009 Emergency Bridge Repair Program and the Unified Government intends to reimburse itself for such expenditures with the proceeds of bonds, notes, or a lease agreement and that the maximum principal amount of the bonds, notes, lease agreement, or other obligations expected to be issued for the project is $300,000 plus cost of issuance and interest on any temporary financing.

9 Cooley, RESOLUTION NO. R-97-08, A resolution that the Unified Government with the 2009 Intersection Safety Program and the Unified Government intends to reimburse itself for such expenditures with the proceeds of bonds, notes, or a lease agreement and that the maximum principal amount of the bonds, notes, lease agreement, or other obligations expected to be issued for the project is $150,000 plus cost of issuance and interest on any temporary financing. Commissioner Miller made a motion, seconded by Commissioner Ellison, to adopt the resolution. Roll call was taken and there were nine Ayes, Pettey, Cooley, RESOLUTION NO. R-98-08, A resolution that the Unified Government with the 2009 Traffic Signal Improvement Program and the Unified Government intends to reimburse itself for such expenditures with the proceeds of bonds, notes, or a lease agreement and that the maximum principal amount of the bonds, notes, lease agreement, or other obligations expected to be issued for the project is $125,000 plus cost of issuance and interest on any temporary financing. Cooley, RESOLUTION NO. R-99-08, A resolution that the Unified Government with the 2009 Reflective Sign Replacement Program and the Unified Government intends to reimburse itself for such expenditures with the proceeds of bonds, notes, or a lease agreement and that the maximum principal amount of the bonds, notes, lease agreement, or other obligations expected to be issued for the project is

10 $100,000 plus cost of issuance and interest on any temporary financing. Cooley, ITEM NO COMMUNICATION Synopsis: Request funding from the 50/50 Sidewalk Program be set aside for the Ruby Avenue, 12th to 18th Street Project, submitted by Mike Tobin, Public Works. There is $150,000 in uncommitted funds for On August 18, 2008, the Public Works and Safety Standing Committee, chaired by Commissioner Holland, voted unanimously to approve and forward to the August 18, 2008 full commission meeting. The item received approval by the Mayor to be fast tracked as requested. Mike Tobin, Public Works, stated we asked this to be fast-tracked due to the fact that we are finishing the grind and overlay in this particular area. The request for the use of the 50/50 money ties into that project. Most of the streets that were overlaid tie into Ruby Avenue. Not all the work was on Ruby Avenue itself. Commissioner Pettey questioned the amounts listed for the projects. Mr. Tobin determined that the revised numbers were not submitted in the commission packets. He stated the figures shown were estimates provided by the engineers. The locations are correct. There is more than $350,000 work; however, the UG is only responsible for $150,000. Matching funds are being provided. Commissioner Holland stated one of the reasons we supported this, in keeping with our policy with this difficult budget, was the fact of receiving matching funds. I want to make sure we vote on the right data. Mayor Reardon stated I haven t seen the document you are speaking of. We need to make sure that correct information is part of the record. I don t know what the relevance is. Are the

11 numbers different or is the funding level different? Mr. Tobin stated the funding level remains the same. Commissioner Barnes asked if the Curb and Sidewalk was in the 2008 Budget. Mr. Tobin said it was in the 2008 Amended Budget. Commissioner Barnes stated I thought that Curb and Sidewalk money was not available until after September. If the money is unclaimed by other districts by that particular time then it can be used within the city elsewhere. Mr. Tobin stated it was my understanding in the amended budget that there was money approved to use in 2008 if it was a matching fund project. Dennis Hays, County Administrator, stated there is a time deadline of September 1. The assumption staff made is that any project that would have surfaced, would have surfaced by this time. It was in the Amended 2008 Budget. We believe that we were proper in bringing it forward this date and to assist us in coordinating that project Commissioner DeSeure made a motion, seconded by Commissioner Ellison, to approve. Roll call was taken and there were eight Ayes, Pettey, Cooley, Ellison, Holland, DeSeure, Miller, Murguia, Kane. Commissioner Barnes voted No. ADMINISTRATOR S AGENDA No items of business COMMISSIONERS AGENDA ITEM NO TRAVEL REQUEST Synopsis: Request to travel to Stapleton, CO, September 7 9, 2008, to tour their urban redevelopment, submitted by Commissioner Murguia. On September 20, 2007, the full commission previously voted unanimously to approve this request; however, the travel did not occur within the calendar year.

12 Commissioner DeSeure made a motion, seconded by Commissioner Ellison, to approve. Roll call was taken and there were nine Ayes, Pettey, Cooley, Mayor Reardon adjourned the meeting as Board of Commissioners and reconvened as the Land Bank Board of Trustees. LAND BANK BOARD OF TRUSTEES AGENDA ITEM NO LAND BANK CONSENT AGENDA Synopsis: Request consideration of the following applications for non-buildable lots, submitted by Bridgette Cobbins, Land Bank Manager. The Land Bank Advisory Board has recommended approval Stewart Dionne Murphy-Love for yard expansion 1056 & 1060 Oakland Mt. Zion Church of God in Christ for parking On August 4, 2008, the Neighborhood and Community Development Standing Committee, chaired by Commissioner DeSeure, voted unanimously to approve and forward to the full commission, subject to Mt. Zion Church meeting with the neighborhood group prior to conveyance. Bridgette Cobbins, Land Bank Manager, stated at the standing committee level, Commissioner Mitchell requested that the Mt. Zion Church of God in Christ meet with the Struggler s Hills Root Group. Since then, that meeting has taken place. approve. Roll call was taken and there were nine Ayes, Pettey, Cooley,

13 ITEM NO. 2 LAND BANK REGULAR AGENDA Synopsis: Request consideration of the following applications, submitted by Bridgette Cobbins, Land Bank Manager. The Land Bank Advisory Board has recommended approval. On August 4, 2008, the Neighborhood and Community Development Standing Committee, chaired by Commissioner DeSeure, voted unanimously to approve and forward to the full commission, subject to Mt. Zion Church meeting with the neighborhood group prior to conveyance. Construction Applications: 3803, 3811 & 3813 Lust Dr. Bonnie Koontz for home construction at 3803 Lust 1739 S. 12th Street Zahida Buljubasic for home construction Commissioner Pettey made a motion, seconded by Commissioner DeSeure, to approve. Roll call was taken and there were nine Ayes, Pettey, Cooley, Best & Final: 2727 S. 38th Split lot between Lesa Farmer and Lyndon Rowbotham for yard expansions Commissioner Pettey made a motion, seconded by Commissioner Ellison, to approve. Roll call was taken and there were nine Ayes, Pettey, Cooley, MAYOR REARDON ADJOURNED THE MEETING AT 7:25 P.M. AUGUST 21, 2008 Tom G. Roberts, CMC Unified Government Clerk tk