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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.
__________________________________________________________________
Approved
as to form and legality:
______________________________________
Assistant
City Attorney