Senator questions UG’s $12.5 million settlement in McIntyre case

This cost analysis of the $12.5 million McIntyre legal settlement was shown at the Unified Government’s Aug. 25 Commission meeting. The commission voted to issue municipal temporary notes to pay for the $12.5 million settlement. (Graphic from UG meeting)
The fund balance, or reserves, for the city general fund could decline in the future with the $12.5 million settlement. (Graphic from UG meeting)

by Mary Rupert

State Sen. David Haley, D-4th Dist., is questioning the $12.5 million settlement the Unified Government has made with Lamonte McIntyre and his family over alleged police misconduct.

McIntyre was freed from prison after the Midwest Innocence Project uncovered evidence of his innocence. He had served 23 years in prison.

Sen. Haley, the author of a Kansas law that pays $65,000 a year to persons who have been wrongfully incarcerated, said he is a huge proponent of compensating people who have been wrongfully incarcerated. McIntyre was awarded a total payment of about $1.5 million from the state of Kansas in 2020. His attorneys also received compensation from the state.

However, Sen. Haley’s initial reaction on Aug. 25 was to question the UG’s settlement in a civil case for $12.5 million to be paid to the McIntyres, he said.

When it comes to a small entity such as a city, Sen. Haley said he would not be happy with a large award.

“Taxpayers in our town should not have a lower quality of life in an already strained budget because of an injustice done to an individual,” Sen. Haley said recently, after seeing a story about the UG issuing temporary notes to pay for the settlement.

He said he thought the case needed to be relitigated and appealed to a higher court, if necessary. He thought a higher court would not impose such a large award against a city. He felt a higher court would look at what capacity the entity would have to pay. He thought the city should have to pay something, but not anywhere near $12.5 million.

Sen. Haley, who is also a board member of the Board of Public Utilities, said he had hoped that the UG could lower the PILOT (payment in lieu of taxes) on BPU bills this year, but extra expenses such as the settlement could make that more difficult.

The UG Commission approved the $12.5 million settlement with McIntyre on June 30, 2022. See https://wyandotteonline.com/ug-commission-approves-12-5-million-settlement-with-mcintyre/

In February 2020, McIntyre was granted compensation from the state of Kansas for about $1.5 million for wrongful incarceration. McIntyre served from 1994 to 2017. See https://wyandotteonline.com/mcintyre-granted-compensation-of-1-5-million-for-wrongful-conviction/

The state award also included health benefits, counseling and tuition to attend a postsecondary educational institution.

The 2020 court order stated that if McIntyre won a separate award against the state or any unit of government in a civil action in this case, he would have to reimburse the state for the amount of money that was paid in 2020.

At the Aug. 25 UG Commission meeting, the commission unanimously voted to issue municipal temporary notes to pay for the $12.5 million settlement.

The cost of financing the bonds is projected at upwards of $15 million, according to information presented at the meeting.

Kathleen von Achen, UG chief financial officer, presented different options for the UG to pay for the settlement.

“We currently do not have the budget to spend $12.5 million in cash,” von Achen said at the meeting. The UG would have to add to the budget or undertake a financing, she said.

Commissioner Gayle Townsend said she did not want to pay the settlement with cash.

There will be some loss of investment income associated with the issuance of bonds, von Achen said.

Von Achen said the bonds probably could be issued in February of next year. One of the options would allow for refinancing after five years.

While the best option may have been to pay cash, the concern is the impact on the city general fund if the UG were to pay cash, she said. The fund balance in 2023 would be at the 17 percent or two months’ reserve level, but later on, the fund balance would not be projected at that level, she said.

Central Avenue apartment project receives UG Commission approval

A $40 million, 129-unit, eight-story apartment building off Central Avenue, near the I-70 entrance, received Unified Government Commission approval on Thursday night. (Site drawing from UG documents)

The 505 Central project got the go-ahead on a development agreement on Thursday night from the Unified Government Commission.

The $40 million, 129-unit, eight story market-rate apartment building near 5th and Central Avenue will be located near the I-70 entrance off Central Avenue, close to Chicago’s bar, Slap’s Barbecue and Splitlog Coffee.

Commissioners considered the project on the same day they heard that more economic development was needed to fill budget shortfalls. They also heard Thursday about the UG’s need to repair or rebuild two closed bridges, to reopen the Fairfax fire station and to issue temporary notes of $12.4 million for a legal settlement in the Lamonte McIntyre case.

As part of commission meetings lasting around eight hours on Thursday, the 505 Central project’s development agreement was unanimously approved, and an ordinance was approved to establish a redevelopment district.

Opposition to the project was heard from some Kansas City, Kansas, residents, including Edgar Galicia, executive director of the Central Avenue Betterment Association; and Gil Pintar of the Hanover Heights neighborhood.

Karrin Huhmann, who lives nearby, said the 6th and Central intersection is not up to standards, and sightlines for the road need to be fixed now. She also said the community has a lot of needs and there would be better places to spend $8 million than incentivizing the project “on the back of poor people.”

UG staff said that the $6 million in TIF, plus an estimated $2 million on the sales tax exemption, is not being fronted from the UG, and there is no direct contribution from the UG for the project. The funds do not exist today and would just be reinvested into the project, according to UG staff.

Rose Kocour Eilts, who lives near the proposed project, said it was in a residential neighborhood and the brick façade wouldn’t fit the neighborhood. “It’s going to be lipstick on a pig, it’s just too big,” she said. She added no one she knows who lives on Russian Hill wants it to be built there.

She said a new master plan was needed to consolidate concerns into one plan. She said she didn’t think the UG could afford to have rich people with hands out asking for dollars.

Galicia said that at UG Commission meetings on Monday, they heard that the community is suffering because residents are being forced out of their homes over high taxes, can’t afford to live here and they won’t know where to go if displacement takes over. The people who have already self-invested in the community need the UG to help today, according to Galicia.

Anna Cole, a Strawberry Hill neighborhood resident, asked for a pause for the plan, saying they needed to get a real plan together.

Pintar, a former UG planner who is in the Rosedale area, said there was a need for the local government to adopt a housing policy, and look at the community need for affordable, mixed-rate and luxury housing.

There needs to be a city-wide consensus of how the UG handles a housing policy whenever a developer comes in to ask for tax incentives, according to Pintar. There were still some other loose ends in this current project, with the UG hoping to get some grants for intersection improvements, he said.

A letter was read from Wes McKain that said since 2014, they have seen housing prices rise in the Strawberry Hill area, and that local government must take the responsibility, developing a plan to address affordability.

Marge Gasnick, a Kansas City, Kansas, resident, said on Monday, the UG Commission heard it needed to find emergency shelter space for the homeless, and this project could have a ripple effect on rent levels that tenants are now paying. She suggested a delay so a plan could be developed.

Mark Moberly of Kansas City, Missouri, director of development with the Sunflower Development Group developing the apartments, told the commission that he didn’t notify a group of supporters to speak for the project because he had been in an accident in Bonner Springs and had been hospitalized before the UG meeting. A Kansas Highway Patrol report said he was the victim of another vehicle fleeing police that failed to yield and ran into Moberly’s vehicle on K-7 in Bonner Springs on Aug. 18. Supporters of the project had spoken at previous meetings, but at Thursday’s meeting, only Greg Kindle of the Wyandotte Economic Development Council spoke in favor.

Moberly said the TIF would still require the apartment project to continue to pay taxes today. “If we fail, the UG is not on the hook for those dollars, unlike other incentives,” he said.

Some residents objected to a blight designation, but Moberly said the designation is only on the project property, not on the surrounding neighborhood.

Moberly said the project was put together about 18 months ago and has been going through the planning process since then. He said he hopes to have the project under construction in eight months, with 16 months to build it.

Kindle said the Wyandotte Economic Development Council was in support of the project’s development agreement and district boundaries, and the project was appropriate and needed.

The apartments will add support for nearby businesses on weekends and evenings, he said. It provides housing that does not otherwise exist in the area, and there is a demand for the housing, he said. The project also will be contributing toward traffic mitigation through a $350,000 contribution.

UG Economic Development Director Katherine Carttar said changes over the course of the project have moved all parking to on-site at the building. There will be one parking space inside the garage for each apartment. She felt that on-street parking would not be needed. No residents or businesses will be displaced as a result of the project, she said.

A third-party traffic study paid for by the developer found minimal impact on daily traffic, she said. The independent study was verified as accurate by another third-party evaluation through the Planning Department, she said.

The project fills a market-rate multi-housing gap that exists in the downtown area, Carttar said. Also, a number of retail and commercial sites in the area are likely to increase their business and do well as a result of the project, according to Carttar. Benefits far outweigh any drawbacks, according to Carttar.

A pay-as-you-go tax increment financing project, it will not have any bonds issued, with no backing from the UG, according to Carttar. The maximum TIF contribution will be $6 million, making the public contribution 15.4 percent of the project, she said. The project will receive industrial revenue bond sales tax exemption on construction materials, and also, the developer has agreed to local, minority and women participation goals.

As part of the deal, the developer will pay the UG $350,000 as a neighborhood improvement contribution, according to Carttar. The UG has plans to use the funds to make improvements to the 6th and Central intersection, including traffic calming improvements. It would not rebuild the intersection, however, but these improvements might be part of a process in applying for a grant to do so.

UG Commissioner Brian McKiernan said he had outlined a proposal answering a lot of the objections from residents on this project. His ideas were welcomed by other commissioners at the meeting.

For example, McKiernan proposed to take a percentage of the city-side property tax ordinarily going to the general fund and instead redirect it to an affordable housing fund. The funds would accumulate over time and could be used for affordable housing options for community residents, he said.

Also, he mentioned a part of the property tax being used for a home improvement and repair fund to improve the quality of life for residents who are not able to make these improvements on their own.

He had several other ideas, and the commission decided to work on the ideas during the next few years. However, as the commission works on it, it will not affect or delay the development agreement or apartment project, according to UG officials.

Commissioner Melissa Bynum said she was in support of Commissioner McKiernan’s ideas. She said she recently found out that rents had gone up in the downtown area, but she did not think that bringing in a market-rate project is ruining the affordable market. She did agree that the UG needs to look into helping to propose some sort of affordable housing policy.

Commissioner Andrew Davis noted there could be some ARPA funding available for the UG to address affordable housing in the community.

Commissioner Harold Johnson said there has been a trend of developers filling up space in the downtown Kansas City, Missouri, area and looking to expand to the Kansas City, Kansas, downtown area.

“It seems to me this is an example of responsible economic development,” Commissioner Johnson said.

The UG needs diverse housing stock and every project can’t be affordable housing; some has to be market-rate, he said. He said he guessed these units would sell like hotcakes, with people spending money in the neighborhood.

“We cannot afford to walk away from any viable project, we’re not there yet, especially not on the east side,” Commissioner Johnson said. “As far as I’m concerned, it’s a viable project.”

UG to consider temporary notes to pay for McIntyre settlement

The Unified Government will consider issuing temporary notes to pay for a $12.5 million settlement in the Lamonte McIntyre case, according to the agenda for the Aug. 25 UG Commission meeting.

The Unified Government Commission will meet on Thursday, Aug. 25, at City Hall, Commission Chambers, lobby level, 701 N. 7th St., Kansas City, Kansas.

One of the items on the 7 p.m. agenda is a presentation on funding strategies of legal settlements and consideration of options including a resolution authorizing and directing the issuance, sale and delivery of municipal temporary notes, submitted by the finance department.

According to information in the agenda, the UG has entered into a settlement agreement in connection with the Lamonte McIntyre case, but there are insufficient funds budgeted to pay for the costs of the settlement.

The UG is proposing to issue temporary notes in the amount of $12.535,000.

According to the agenda information, the UG would provide for the levy and collection of an annual tax, if necessary, for the purpose of paying the principal and interest on the notes as they become due.

The agenda for the 7 p.m. meeting includes several planning and zoning items.

The public hearing agenda includes a resolution adopting the 505 Central development agreement, and an ordinance to establish a redevelopment district.

Also on the agenda are an ordinance to adopt the Northeast KCK Heritage Trail Plan from Kaw Point to the Quindaro Townsite; an ordinance adopting the Merriam Connected Corridor Plan, to expand multi-modal connectivity with Overland Park, Mission and Merriam; as well as an ordinance to adopt the Go Dotte countywide strategic mobility plan together with Bonner Springs, Edwardsville and Lake Quivira.

Other zoning items include:

• 4744 Georgia Ave., change of zone from single-family district to two-family district to construct a duplex, Andrea Weishaubt with Atlas Land Consulting;


• 2640 Woodend Lane, change of zone from planning apartment district to agriculture district to construct Endless Outdoors Nature Experience, Curtis Petersen with Polsinelli; also special use permit for this address; also a Master Plan Amendment from low density residential to rural density residential for this address; also a preliminary and final plan review for this address.


• 230 S. 65th St., special use permit for storage for landscaping business inside a 2,000-square-foot outbuilding, Daniel Janssen with Me and My Uncle LLC;


• 733 Ohio, special use permit to operate a short-term rental, Brian Glasser with AKCO Investments LLC;


• 4929 State Ave., special use permit for live entertainment in conjunction with an existing drinking establishment, G & J Entertainment;


• 2824 N. 99th Terrace, renewal of a home occupation special use permit for a short-term rental, Cristen Ryman and Kate Lynch;


• 3619 Pomeroy, an ordinance rezoning property from single-family district to agriculture district;


• 4732 State Ave., an ordinance rezoning property from planned limited business district to planned general business district;


• 4136 Springfield, an ordinance rezoning property from planned single-family district to planned apartment district;


• 4141 Joyce Drive, an ordinance rezoning property from single-family district to agriculture district;


• 2942 North Bethany St., an ordinance vacating right-of-way;


• 12746 and 12750 Hubbard Road, an ordinance vacating a utility easement;


• 7250 State Ave., an ordinance authorizing a special use permit for continuation of a child care facility on the KCKCC campus;


• 941 N. 74th Dr., an ordinance authorizing a special use permit for live entertainment in conjunction with an existing restaurant;


• 322 N. 6th St., an ordinance authorizing a special use permit for live entertainment in conjunction with an existing drinking establishment;


• 4141 Joyce Drive, an ordinance authorizing a special use permit for temporary use of land for agricultural-related tourism, sales, education classes, apprentices and a farm stand;


• 10 S. Hallock St., an ordinance authorizing a special use permit for a short-term rental;


• 3914 N. 59th St., an ordinance authorizing a special use permit for temporary use of land for commercial purposes to keep work equipment, related materials and parking for employees on site;


• 1324 N. 75th Drive, an ordinance authorizing a home occupation special use permit for a short-term rental;


• 6720 Kaw Drive, an ordinance authorizing a special use permit for the continuation of live entertainment in conjunction with an existing drinking establishment;


• 3008 S. 9th St., a special use permit to operate a short-term rental, Sarah Belarde and Javier Saenz;


• 6702 and 6716 Berger Ave., plat of Hyink Addition No. 1, developed by Steven F. Hyink;


• Sloan Avenue and Sewell Avenue in Piper, plat of Piper Creek Estates, second plat, being developed by BCB Holding LLC, Brandon Becker.

• Also on the 7 p.m. agenda is an ordinance to clarify the boundaries of the STAR Bond district in the former Schlitterbahn area, correcting an error in the legal description and map.


• A resolution closing out the Neighborhood Stabilization Program, NSP3, is on the agenda, with a request to conduct a public hearing on Aug. 25 on the close-out.


• Also scheduled is a legislative report.


• Nomination of Roderick McConnell to the Housing Authority by Mayor Tyrone Garner.


• Reappointment of Jacques Barber to the Housing Authority by Commissioner Mike Kane.


• Reappointment of Matt Watkins to the Housing Authority by Commissioner Chuck Stites.


• A proclamation noting Aug. 21 as Victory Outreach KC Inner Recovering Homes Day.

The UG Commission also will have a special session at 4 p.m. Thursday, Aug. 25, in the fifth floor conference room at City Hall for a budget workshop, a presentation from the fire command and International Association of Firefighters and a communications update.

The public will be able to observe the 4 p.m. special meeting live on YouTube, on UGTV or through Zoom. The public also may view the special meeting at the fifth floor conference room, Suite 515, at City Hall.

The 7 p.m. UG meeting will be in person at the Commission Chambers and also on Zoom at https://us02web.zoom.us/j/88019946644?pwd=WENJc0EvV2NFcUJhTDhxLzhTeVJQdz09.
The passcode is 683757.

The 7 p.m. meeting is expected to be carried on UGTV cable channel and on YouTube.

The agendas are online at https://www.wycokck.org/Departments/Clerks-Office/Agendas-Minutes.