COMMITTEE SUBSTITUTE FOR ORDINANCE NO. 980792, AS AMENDED

Amending Chapter 2 of the Code of Ordinances by enacting therein new Sections 2-964 through 2-967 establishing a Brownfields Commission to guide and promote redevelopment projects which encounter environmental barriers, providing for staff support, and establishing the position of Director of Brownfields.

BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:

Section 1. That Chapter 2 of the Code of Ordinances, entitled "Administration", is hereby amended by enacting therein new Sections 2-964 through 2-967, said sections to read as follows:

Section 2-964. Commission established; membership; officers.

There is hereby created and established a commission to be known as the Brownfields Commission. The Commission shall be composed of nine members. Five of those commissioner members shall be residents of the City, appointed by the Mayor to serve four year terms, representing each of the following groups or organizations: citizen and community groups; business; development; environmental consulting firms; and a lawyer member of the Missouri Bar Association with expertise in environmental law. The members of the Commission shall serve without compensation and shall be subject to removal by the Mayor. The Mayor, Director of the City Development Department, Director of the Environmental Management Department and Chairman of the Board of Directors of the Economic Development Corporation of Kansas City, or their designees, shall be ex officio members of the Commission. The Commission shall select a chairperson and one or more vice-chairpersons from its members to serve at the pleasure of the Commission. The Director of Brownfields shall be the secretary and provide administrative support for the Commission.

Section 2-965. Duties of Commission.

The duties of the Brownfields Commission shall be to identify and manage environmental risks and costs associated with the reuse of urban properties so that such factors do not impede important redevelopment projects that create jobs, increase the tax base, remove potential threats to public health and the environment, or otherwise productively reuse idle, abandoned or underutilized properties. The Commission shall help guide and promote redevelopment projects wherever and whenever they encounter environmental barriers, and shall serve as a permanent resource that communities, developers and the City can turn to for guidance, assistance and information concerning brownfield redevelopment matters. To that end, any development or redevelopment project, public or private, which is identified as occurring on a brownfield property, before receiving any City development benefit, approval or assistance, including tax increment financing, tax abatement or the proceeds of any public or municipal bonds, shall first be presented to the Brownfields Commission to receive assistance, approval and confirmation that the environmental impairments, if any, are properly identified and managed. In providing such assistance, approval or confirmation, the Commission, Commissioners and City do not assume any responsibility or liability for any risks or costs associated with any such environmental impairment identification or management activities. In addition, the Commission shall have the power and authority to recommend to the City Council and Mayor whether or not to endorse projects for application to the

Missouri Brownfields Redevelopment Program or other state or federal brownfields assistance program, and shall advise the City on matters concerning brownfields redevelopment.

Section 2-966. Director of Brownfields.

The City Manager shall appoint a Director of Brownfields and shall designate the department, office or agency wherein that Director shall serve.

Section 2-967. Duties of the Director of Brownfields.

It shall be the duty of the Director of Brownfields to inform the Commissioners on all Commission matters; propose recommendations to the Commission; coordinate resources, regulatory and technical assistance to help projects identify and manage environmental impacts; help projects obtain state and federal cleanup approvals and financial assistance for brownfields cleanup and reuse; maintain a clearinghouse of information (including a geographical information system) and provide expertise on brownfields matters; promote community education and outreach on brownfields issues; respond to inquiries from the City, citizens groups, developers and other interested persons or organizations; and manage contacts with state and federal agencies concerning brownfield projects and issues.

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Approved as to form and legality:

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Assistant City Attorney