Urban Planning and Land Use - Unified Government of Wyandotte ...

I. CALL TO ORDER 

II. ROLL CALL 

JANUARY 10, 2013 UNIFIED BOARD OF 

COMMISSIONERS MEETING 

ORDER OF BUSINESS 

MEETING TO CONVENE AT 7:00 P.M. 

III. INVOCATION GIVEN BY REVEREND GEORGE KEMPER 

IV. PLEDGE OF ALLEGIANCE 

V. REVISIONS TO JANUARY 10, 2013 AGENDA 

VI. CLERK’S STATEMENT 

(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.) 

VII. PLANNING AND ZONING CONSENT AGENDA 

VIII. PLANNING AND ZONING NON-CONSENT AGENDA 

IX. NON-PLANNING CONSENT AGENDA 

X. PUBLIC HEARING AGENDA 

XI. STANDING COMMITTEE’S AGENDA 

XII. ADMINISTRATOR’S AGENDA 

XIII. COMMISSIONERS’ AGENDA 

XIV. LAND BANK BOARD OF TRUSTEES’ AGENDA 

XV. ADJOURN 

SERGEANT-AT-ARMS: MAJOR VINCE DAVENPORT 

PLANNING AND ZONING JANUARY 10, 2013 1

PLANNING AND ZONING 

JANUARY 10, 2013 

VII. PLANNING AND ZONING CONSENT AGENDA 

A. CHANGE OF ZONE APPLICATION 

1. #3044 – JOHN MARTIN WITH PAR DEVELOPMENT LLC 

(120328) 

SYNOPSIS: Change of Zone from C-3 Commercial District to R- 

1(B) Single Family District to build four (4) single family homes at 

2000 Quindaro Boulevard (RECOMMENDED FOR APPROVAL) 

B. SPECIAL USE PERMIT APPLICATIONS 

1. #SP-2012-44 – JOHN IVAN FOR EL CHALATECO, INC. 

(100194) 

SYNOPSIS: Renewal of a Special Use Permit (#SP-2010-37) for 

live entertainment in conjunction with restaurant at 1005-1007 

Osage Avenue (RECOMMENDED FOR DENIAL) 

2. #SP-2012-50 – ANDREW D. KELLEY (120299) 

SYNOPSIS: Special Use Permit to keep two (2) horses at 6748 

Everett Avenue (RECOMMENDED FOR APPROVAL FOR TWO 

(2) YEARS) 

3. #SP-2012-54 – MICHAEL L. MORSE WITH QUICK AUTO 

SALVAGE AND TOW (100152) 


an auto salvage yard, police tow and storage at 1124 Pawnee 

Avenue (RECOMMENDED FOR APPROVAL FOR TWO (2) 

YEARS) 


4. #SP-2012-55 – BEN BARRETH (120330) 

SYNOPSIS: Special Use Permit to allow five (5) individuals to 

operate businesses out of the home at 4428 State Line Road 

(RECOMMENDED FOR APPROVAL FOR TWO (2) YEARS) 

5. #SP-2012-57 – NATHANIEL HAGEDORN WITH NORTHPOINT 

(120273) 

SYNOPSIS: Special Use Permit for dirt removal at 11501 Parallel 

Parkway (RECOMMENDED FOR APPROVAL FOR TWO (2) 

YEARS) 

C. VACATION APPLICATION 

1. #A-2012-12 – DARRELL A. WALKER (120331) 

SYNOPSIS: Vacation of an alley at 711 South 11 th Street 

(RECOMMENDED FOR APPROVAL) 

D. PLAN REVIEW APPLICATIONS 

1. #PR-2012-18 – JEFF KAUERZ WITH AUTOZONE, INC. 

(120334) 

SYNOPSIS: Preliminary and Final Plan Review for an AutoZone 

retail facility at 1816 Central Avenue (RECOMMENDED FOR 

APPROVAL) 

2. #PR-2012-25 – RICH MILLMAN WITH FOREST PRODUCTS 

SUPPLY COMPANY (120336) 

SYNOPSIS: Preliminary and Final Plan Review to construct one 

(1) open-air canopy at 2103 South 88 th Street (RECOMMENDED 

FOR APPROVAL) 


E. MASTER PLAN AMENDMENT 

1. #MP-2012-11 – JOHN MARTIN WITH PAR DEVELOPMENT 

LLC (120328) 

SYNOPSIS: Master Plan Amendment from Commercial to Urban 

Residential at 2000 Quindaro Boulevard (RECOMMENDED FOR 

APPROVAL) 

F. MISCELLANEOUS 

1. CONSIDERATION OF CERTAIN AMENDMENTS to Chapter 27, 

Planning and Development of the Kansas City, Kansas Code of 

Ordinances, generally to allow the use of the Narrow Lot Design 

Guidelines in all residential zoning districts (110010) 

(RECOMMENDED FOR APPROVAL) 

2. ORDINANCE rezoning property at 4505 Metropolitan Avenue 

(#3037) from A-G Agriculture District to CP-1 Planned Limited 

Business District (120272) 

VIII. PLANNING AND ZONING NON-CONSENT AGENDA 

NO ITEMS 

IX. NON-PLANNING CONSENT AGENDA 

1. ORDINANCE: TURKEY CREEK PROJECT-BNSF RAILROAD BRIDGE 

RELOCATION (130011) 

SYNOPSIS: An ordinance directing the Chief Counsel to commence legal 

proceedings to acquire property for the BNSF Railroad Bridge 4.4 

Relocation, 2500 S. Mill St. and Mill St. over Turkey Creek Replacement 

projects, CMIP #5005, submitted by John Menkhus, Public Works. 

On October 6, 2011, the Commission unanimously adopted Resolution 

No. R-58-11, declaring the project to be a necessary, valid public 

improvement and authorizing a survey of land for the project. 


2. ORDINANCE: 55 TH ST. BRIDGE PROJECT (130014) 

SYNOPSIS: An ordinance directing the Chief Counsel to commence legal 

proceedings to acquire property for the 55 th Street Bridge over Nearman 

Creek project, CMIP #2134, submitted by John Menkhus, Public Works. 

On November 17, 2011, the Commission unanimously adopted Resolution 

No. R-85-11, declaring the project to be a necessary, valid public 

improvement and authorizing a survey of land for the project. 

3. PLAT: REIDY RIDGE (120213) 

SYNOPSIS: Plat of Reidy Ridge located at 53 rd & State Avenue and being 

developed by Tyler S. Oliver, submitted by L. Allen Greenwood, County 

Surveyor, and William Heatherman, County Engineer. 

4. APPOINTMENT: BOARDS AND COMMISSIONS (970013) 

SYNOPSIS: Appointment of Scott Mackey to Law Enforcement Advisory 

Board, 1/10/13 – 6/30/14, submitted by Commissioner Kane. 

5. CHANGE REQUESTS: REAL ESTATE (970128) 

SYNOPSIS: Change requests for real estate to include valuation change 

and/or refund for System Control Nos.: 

2012002870, Parcel 925703, tax year 2011 



6. Minutes from Regular Session of November 15 (Amended) and December 

6, 2012; and Special Session of December 20, 2012. 

7. Weekly business material dated December 20, 2012. 

X. PUBLIC HEARING AGENDA 

NO ITEMS 


XI. STANDING COMMITTEE’S AGENDA 

NO ITEMS 

XII. ADMINISTRATOR’S AGENDA 

1. RESOLUTION: MOU WITH TEAMSTERS LOCAL NO. 955 (130012) 

SYNOPSIS: A resolution authorizing execution of a Memorandum of 

Understanding between the UG and Teamsters Local No. 955 (12 

individuals in the Sheriff’s Dept.) for the period 2013-2015, submitted by 

Jody Boeding, Chief Counsel. The union has ratified the contract. This is 

consistent with Commission direction. 

2. RESOLUTION: MOU WITH UFCW (130013) 

SYNOPSIS: A resolution authorizing execution of a Memorandum of 

Understanding between the UG and the United Food and Commercial 

Workers, District Union Local Two, Public Safety Dispatch Division for the 

period January 1, 2013 – December 31, 2013, submitted by Jody Boeding, 

Chief Counsel. This is consistent with Commission direction. 

XIII. COMMISSIONERS’ AGENDA 

NO ITEMS 

XIV. LAND BANK BOARD OF TRUSTEES’ AGENDA 

NO ITEMS 

XV. ADJOURN 


TAX STATUS REPORT 

BOARD OF COMMISSIONERS AGENDA FOR JANUARY 10, 2013 

One of the properties included in applications to be considered on the 

Planning and Zoning agenda on above date have delinquent taxes prior to 

2012. 

#SP-2012-44 – JOHN IVAN FOR EL CHALATECO, INC. (100194) 


live entertainment in conjunction with restaurant at 1005-1007 

Osage Avenue (RECOMMENDED FOR DENIAL) 

2009, 2010, 2011 and 2012 - $4,209.73 

NOTE: This information cannot serve as the basis for approval or 

denial of an application. It is not among the factors to be considered as 

set by ordinance or among accepted zoning factors and criteria. 

However, such information in certain cases might be relevant to 

evaluating accepted factors or as an accompaniment to other valid 

purposes and/or factors. 


Urban Planning and Land Use 

701 North 7 th Street, Room 423 Phone: (913) 573-5750 

Kansas City, Kansas 66101 Fax: (913) 573-5796 

Email: planninginfo@wycokck.org 

www.wycokck.org/planning 

To: 

From: 

Unified Government Board of Commissioners 

City Staff 

Date: January 10, 2013 

Re: 

Change of Zone Petition #3044 and Master Plan Amendment 

#MP-2012-11 (120328) 

GENERAL INFORMATION 

Applicant: 

John Martin 

Status of Applicant: 

Applicant 

Par Development 

8301 Walker 

Kansas City, KS 66112 

Requested Actions: 

Change of Zone from C-3 

Commercial District to R-1(B) 

Single Family District 

And 

A Master Plan Amendment from 

Commercial to Urban Residential 

Date of Application: 

October 26, 2012 

Purpose: To divide a 0.80 acre 

property into 4 lots in order to build 

4 homes 

Change of Zone Petition 3044/MP-2012-11 January 10, 2013 1

Property Location: 2000 Quindaro Boulevard 

Existing Zoning: 

C-3 Commercial District 

Surrounding Zoning: North: R-1(B) Single Family District 

South: C-3 Commercial District 

East: C-3 Commercial District 

West: C-3 Commercial District 

Existing Uses: North: 

South: 

East: 

West: 

Vacant residential lots 

Commercial buildings 



Total Tract Size: 

0.80 acre 

Master Plan Designation: The City Wide Master Plan designates this property as 

Community Commercial. 

Major Street Plan: Quindaro is designated as a Class C thoroughfare. 

Advertisement: The Wyandotte Echo – Change of Zone - November 15, 2012 

Letters to Property Owners – Change of Zone/Master Plan 

Amendment – November 14, 2012 and December 13, 2012 

Public Hearings: December 10, 2012 and January 10, 2013 

Public Opposition: No one appeared in opposition at the December 10, 2012 City 

Planning Commission meeting. 

PROPOSAL 

Detailed Outline of Requested Action: John Martin with Par Development is requesting 

a Change of Zone from C-3 Commercial District to R-1(B) Single Family District and a 

Master Plan Amendment from Commercial to Urban Residential along with a 

preliminary and final plat. The requests are in preparation to build 4 homes. 

City Ordinance Requirements: Article XXII Sections 27-1001 – 27-1419 and Article XXI 

Sections 27-501 - 27-1000 

FACTORS TO BE CONSIDERED 

1. Neighborhood character 

The neighborhood is a mixture or commercial and residential properties. 

2. The zoning and uses of properties nearby and the proposed use’s expected 

compatibility with them. 

The proposal would be compatible with the development pattern of the area. 


3. The suitability of the property for the uses to which it has been restricted. 

Will removal of the restrictions detrimentally affect nearby property? 

This property was originally platted as Charles Morasch Estates Subdivision. It 

was a subdivision for residential lots. Through time the property, along with a lot 

of other properties that fronted Quindaro was rezoned to commercial. The 

applicant is simply requesting to develop similarly to the way the property was 

originally platted. 

4. The length of time the property has remained vacant as zoned. 

The property has been vacant for more than 20 years. 

5. The extent to which the proposed use is reasonably necessary for the 

convenience and welfare of the public and will not substantially or 

permanently injure the appropriate use, visual quality or marketability of 

nearby property. 

This proposal would have a neutral impact on the public and it is not foreseen to 

damage the marketability of nearby property. 

6. The extent to which the proposed use would increase the traffic or parking 

demand in ways that would adversely affect road capacity, safety, or create 

parking problems. 

The development is so minor that this will not be an issue. 

7. The degree of conformance of the proposed use to the Master Plan. 

The proposal is not in compliance with the Master Plan. The applicant is 

requesting to revise the plan as a part of this proposal. 

8. The extent to which the proposed use could cause environmental harm or 

enhance the environment. 

This is not foreseen to be an issue 

9. The extent to which utilities and public services are available and adequate 

to serve the proposed use. 

a. Water service 

Available 

b. Sanitary sewer service 

Available 


c. Storm water control 

To be designed to meet city standards. 

d. Police 

Police service is provided by District #113 

e. Fire 

Fire service is provided by Station #14 

f. Transit 

Transit is available on Quindaro Boulevard. 

g. Schools 

Kansas City, Kansas USD 500 

10. Streets are designed so as to provide a safe, convenient and functional 

system for vehicular traffic, and having such width, gradient, location and 

structural quality as to accommodate prospective traffic as determined by 

existing and probable future land and building uses. 

This proposal meets this standard 

11. Assurance that buildings, lots, blocks, parcels and streets are so arranged 

as to afford adequate light, open space or air, to facilitate fire protection, 

and to provide for long-term sustained real estate values. 


12. Development patterns are designed with due regard to topography, so that 

the natural features of the land and vegetation shall be protected and 

enhanced. 


13. Adequate sites are provided for schools, parks, playgrounds, and other 

community services so that residents of all neighborhoods shall have 

convenient access to such facilities. 



PREVIOUS ACTIONS 

No previous action has been taken on this property. 

NEIGHBORHOOD MEETING 

The applicant held a neighborhood meeting on November 26, 2012. Seven people were 

in attendance. 

KEY ISSUES 

Public Works Comments 

PLANNING COMMISSION RECOMMENDATION 

The Planning Commission voted 6 to 0 to recommend APPROVAL of Master Plan 

Amendment #MP-2012-11. 

The Planning Commission voted 6 to 0 to recommend APPROVAL of Change of Zone 

Application #3044, subject to: 

The Applicant’s Response to Staff’s Draft Comments. 


Planning and Land Use Comments: 

The applicant has addressed all of our concerns. 

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) None 

C) Comments that are not critical to engineering’s recommendations for this 

specific submittal, but may be helpful in preparing future documents: 

1) None 

STAFF COMMENTS AND SUGGESTIONS 

The staff concurs with the recommendation of the City Planning Commission. 

STAFF RECOMMENDATION 

Staff recommends that the Board of Commissioners make the findings contained within 

the staff report related to Factors to be Considered, and Key Issues and recommends 

APPROVAL of Petition #3044 and MP-2012-11, subject to all comments and 

suggestions outlined in this staff report. 

ATTACHMENTS 

December 10, 2012 City Planning Commission Minutes 

Plat 

Impervious Surface Site Plans 

REVIEW OF INFORMATION AND SCHEDULE 

Action Planning Commission Board of Commissioners 

Public Hearing December 10, 2012 January 10, 2013 

Rezoning Approval 

Master Plan 

Amendment December 10, 2012 January 10, 2013 

Approval 

____________________________________________________________________________________ 

STAFF CONTACT: J. Bradley Munford Jmunford@wycokck.org 


MOTIONS 

Master Plan Amendment 

I move the Unified Government Board of Commissioners APPROVE Petition #MP- 

2012-11 as meeting all the requirements of the City code and being in the interest of the 

public health, safety and welfare subject to such modifications as are necessary to 

resolve to the satisfaction of City Staff all comments contained in the Staff Report; and 

the following additional requirements: 

OR 

1._________________________________________________________; 

2. _____________________________________________________; And 

3. ________________________________________________________. 

I move the Unified Government Board of Commissioners DENY Petition #MP-2012-11 

as it is not in compliance with the City Ordinances and as it will not promote the public 

health, safety and welfare of the City of Kansas City, Kansas; and other such reasons 

that have been mentioned. 

Change of Zone Petition 

I move the Unified Government Board of Commissioners APPROVE Petition #3044 as 

meeting all the requirements of the City code and being in the interest of the public 

health, safety and welfare subject to such modifications as are necessary to resolve to 

the satisfaction of City Staff all comments contained in the Staff Report; and the 

following additional requirements: 

OR 

1._________________________________________________________; 

2. _____________________________________________________; And 

3. ________________________________________________________. 

I move the Unified Government Board of Commissioners DENY Petition #3044 as it is 

not in compliance with the City Ordinances and as it will not promote the public health, 

safety and welfare of the City of Kansas City, Kansas; and other such reasons that have 

been mentioned. 


DECEMBER 10, 2012 CITY PLANNING COMMISSION MINUTES: 

120328 CHANGE OF ZONE APPLICATION #3044 – JOHN MARTIN WITH PAR 

DEVELOPMENT LLC – SYNOPSIS: Change of Zone from C-3 Commercial District to 

R-1(B) Single Family District to build four (4) single-family homes at 2000 Quindaro 

Boulevard 

120328 QUINDARO REDEVELOPMENT – SYNOPSIS: Preliminary and Final Plat for 

four (4) single-family lots at 2000 Quindaro Boulevard 

120328 MASTER PLAN AMENDMENT #MP-2012-11 – JOHN MARTIN – SYNOPSIS: 

Master Plan Amendment from Commercial to Urban Residential at 2000 Quindaro 

Boulevard 

Ms. Parker stated that the following items should be included as part of the record for 

this case: 

1. The City’s currently adopted zoning and subdivision regulations; 

2. The official zoning map for the area in question; 

3. The City’s currently adopted Master Plan for the area in question; 

4. The staff report and attachments dated December 10, 2012; 

5. The application and other documents, plans, pictures and maps submitted by 

the applicant in furtherance of the case and contained in the official file; 

6. The Notice in the Wyandotte Echo dated November 15, 2012 for the Change of 

Zone and Master Plan Amendment; 

7. The Notices to property owners dated November 14, 2012. 

Ms. Parker asked if any member of the Planning Commission had any contact to 

disclose concerning this case. (No one responded in the affirmative). 

Mr. Tom Stiegel, 424 North Thompson Street, Kansas City, Kansas, attorney 

representing the applicant, appeared in support of this application. He stated that they 

want to divide the lot into four (4) single-family lots to build four (4) single-family homes. 

It is his understanding the commercial has been vacant for over twenty (20) years and 

this will allow them to build these homes in the Quindaro area. 

No one appeared in opposition to this application. 

Planning Director Richardson stated that the staff recommends approval subject to the 

stipulations and commitments previously made by the applicant in the staff opinion. 

On motion by Mr. Schwartzman, seconded by Mr. Escobar, the Planning Commission 

voted as follows to recommend APPROVAL of Master Plan Amendment #MP-2012-11 

as follows: 

Carson 

Not Present 

Dercher 

Not Present 

Ellison 

Aye 

Ernst 

Aye 

Escobar 

Aye 

Huey 

Aye 


Hurrelbrink Chairman 

Schwartzman Aye 

Serda 

Aye 

Walden 

Not Present 

Walker 

Not Present 

Motion to recommend APPROVAL Passed: 6 to 0 

On motion by Mr. Escobar, seconded by Ms. Huey, the Planning Commission voted as 

follows to recommend APPROVAL of Change of Zone Application #3044 as follows: 

Carson 

Not Present 

Dercher 

Not Present 

Ellison 

Aye 

Ernst 

Aye 

Escobar 

Aye 

Huey 

Aye 



Serda 

Aye 

Walden 

Not Present 

Walker 

Not Present 


Subject to: 

The Applicant’s Response to Staff’s Draft Comments. 



Planning and Land Use Comments: 

The applicant has addressed all of our concerns. 




1) None 


1) None 



1) None 

On motion by Mr. Ellison, seconded by Dr. Serda, the Planning Commission voted as 

follows to APPROVE Quindaro Development, Preliminary and Final Plat: 

Carson 

Not Present 

Dercher 

Not Present 

Ellison 

Aye 

Ernst 

Aye 

Escobar 

Aye 

Huey 

Aye 



Serda 

Aye 

Walden 

Not Present 

Walker 

Not Present 

Motion to APPROVE Passed: 6 to 0 

Subject to the stipulations above. 















To: 

From: 


City Staff 


Re: Petition #SP-2012-44 (100194) 


Applicant: 

John Ivan 


Attorney on behalf of El Chalateco, Inc. 

8600 Shawnee Mission Parkway, Suite 308 

Shawnee Mission, KS 66202 

Requested Action: 

Renew Special Use Permit 


August 24, 2012 

Purpose: 

To continue to have live entertainment (DJ 

and dance floor) in conjunction with a 

restaurant 

Property Location: 

1005 Osage Avenue 


C-3 Commercial District 

#SP-2012-44 January 10, 2013 1

Existing Surrounding Zoning: North: C-3 Commercial District 

South: R-2(B) Two Family District 




South: 

East: 

West: 

Commercial businesses 

Vacant lots and residential uses 




.38 acre 

Master Plan Designation: The City-Wide Master Plan designates this property as 

Commercial. 

Major Street Plan: The City-Wide classifies Osage Avenue as a Class C 

Thoroughfare. 

Advertisement: The Wyandotte Echo – September 13, 2012 

Letters to Property Owner – September 11, 2012, October 2, 2012, 

November 21, 2012 and December 14, 2012 

Public Hearings: November 13, 2012, December 10, 2012 and January 10, 2013 

Public Opposition: No one appeared in opposition at the November 13, 2012 or 

December 10, 2012 City Planning Commission meetings. 

PROPOSAL 

Detailed Outline of Requested Action: The representative, John Ivan on behalf of El 

Chalateco, Inc. is seeking to renew a special use permit to continue to have live 

entertainment (DJ and dance floor) at 1005 Osage Avenue. 

City Ordinance Requirements: 27-592 through 27-606 


1. The Character of the Neighborhood. 

The neighborhood is predominately commercial in character with residential 

dwellings south along Baltimore Street. 



The zoning and uses of properties nearby are set out above. If properly operated, 

the continuation of live entertainment would be compatible with nearby 

properties. 

#SP-2012-44 January 10, 2013 2


Will removal of the restrictions detrimentally affect nearby property. 

The property is zoned appropriately for a restaurant. If properly operated, 

supervised and planned it should not detrimentally affect nearby property. 


The property is not vacant. It is currently operating as a restaurant. 


Special use permits are not addressed in the Master Plan. The use of a 

restaurant is a permitted use within the Master Plan. 

6. Whether the proposed use will result in increasing the amount of vehicular 

traffic to the point where it exceeds the capacity of the street network to 

accommodate it. 

The proposed use will increase traffic to the site, as is the nature of live 

entertainment, but the use should not create any issues with traffic that exceed 

the capacity of the street network. 

7. Whether the proposed use is reasonably necessary for the convenience 

and welfare of the public and will not substantially or permanently injure 

the appropriate use, visual quality, or marketability of adjoining property. 

This use is not necessary for the convenience and welfare of the public. This will 

only be convenient to the owners of the restaurant. The proposed use should not 

create any issues with the points listed above. 

8. Whether the noise, vibration, dust, or illumination that would normally be 

associated with such use is of such duration and intensity as to create 

problems for near-by property. 

After the live entertainment events have concluded, there may be a gathering of 

people within the parking lot, which may cause problems for nearby property 

owners. 

9. Whether the proposed use will pollute the air, land or water. 

This is not an issue. 

10. Whether the use would damage or destroy an irreplaceable natural 

resource. 


#SP-2012-44 January 10, 2013 3

11. The relative gain to the public health, safety, and welfare as compared to 

the hardship imposed on the individual landowner or landowners. 

There is little or no gain to the public health, safety and welfare. 

12. Whether the proposed use would result in overcrowding of land or cause 

undue concentrations of population. 

Popular restaurants and night clubs have the potential to draw a crowd to an 

area. Again, there is always concern that there could be a crowd in and/or 

around this establishment. 


This is a renewal of #SP-2010-37, which was approved by the City Planning 

Commission and Unified Government Board of Commissioners on October 11, 2010 

and October 28, 2010 respectively. 


The applicant held a neighborhood meeting on September 22, 2012. According to the 

applicant, no one appeared at the meeting. 

KEY ISSUES 

Parking lot occupied without certificate of occupancy 

Fenced area behind the building 


The Planning Commission voted 6 to 0 to recommend DENIAL of Special Use Permit 

Application #SP-2012-44. 



Urban Planning and Land Use Comments: 

1. While a variance for the reduction in parking was approved to operate a 

restaurant at this location, the parking lot that needed to be improved prior to the 

building addition/expansion of the west side of the building has not been 

approved by Planning. 

The parking layout has changed from 45 degrees to 90 degrees making it 

impossible to maneuver within the parking lot without going into the alley to turn 

around. This is unacceptable. 

#SP-2012-44 January 10, 2013 4

Staff will not place this petition on the Planning Commission agenda until the 

parking lot has obtained a final certificate of occupancy as shown on the 

inspection form. Additionally, since there are no curbs, wheel stops must be 

placed in front of each stall. 

2. What are the proposed hours of operation? 

Applicant Response: The restaurant is closed on Monday and Tuesday and is 

open from 11:00 AM to 10:00 PM Wednesday through Sunday. On Friday and 

Saturday night, the business could be open until midnight or the hours authorized 

under Kansas law whereby all customers must be out of the business before 

2:00 AM. This request also would now apply to all days when the business is 

open. 

Staff Response: To be consistent with the previous approval, #SP-2010-37, the 

hours of operation shall be from 11:00 AM to 1:30 AM. 

3. What time will events begin and conclude? 

Staff Response: All events must conclude by 1:30 AM. 

4. How is security handled? 

Applicant Response: The security requirements for this drinking establishment 

with such limited in size would never require security beyond the standards 

established under the live entertainment permit requirements. This basically is a 

neighborhood drinking establishment and restaurant. 

Staff Response: While this is described as a neighborhood drinking 

establishment and restaurant by the applicant, on-site security must be at the 

entrance, at the front door of the business. 

5. The back door will remain closed during events. 

6. This site has not been approved to open since its last approval because they 

failed to comply with stipulations. 


1. No comments. 

This business owner, Jose Quintanilla of El Chalateco renovated the west side of the 

building, expanding the overall size of his restaurant/drinking establishment. In doing so, 

he had to apply for a variance for a reduction in parking because the overall square 

footage of the building required more parking that what he had available on-site. Mr. 

Quintanilla was supposed to stripe the lot, add accessible stalls, and add wheel stops. 

Staff performed an inspection of the parking lot was on June 13, 2012. Staff denied a 

temporary certificate of occupancy because the interior stalls in the parking lot were not 

#SP-2012-44 January 10, 2013 5

striped, the accessible stall did not have the necessary ADA signage and the parking 

space configuration was not properly orientated. 

UPDATE – November 13, 2012: 

Staff conducted a site inspection on November 2, 2012. The parking lot has been 

striped. Accessible space was properly marked and a sign placard was posted. 

As shown on the site plan, there are four (4) parking spaces located behind that 

building, off the alley that is specifically for the apartment units on the second floor. This 

area has been enclosed by a fence for which appears to be a smoking patio. This is a 

direct violation of the Board of Zoning Appeals variance approval. 

Staff has asked the applicant multiple times for sign permits to be filed on the property. 

New signage has been placed on the building. Currently, “1005 Night Club” wall sign is 

displayed on the north, east and west side of the building. There are two wall signs on 

the west side of the building. Only three wall signs, one per façade are permitted in the 

C-3 Commercial District. There are two banner signs that do not have sign permits, one 

located on the north façade “Mexican Restaurant” and the second is located on the 

fence in the parking lot promoting happy hour, days of live entertainment and dancing 

(Friday and Saturday). 

While the applicant has striped the parking lot, the signage issues smoking patio 

enclosure remains unresolved. Staff does not support this petition, as the applicant has 

been given every opportunity to complete the tasks necessary, all the while remain 

open and have live entertainment on Fridays and Saturdays. 

UPDATE – December 10, 2012 

Sign permits have been filed for the temporary banner signs. The applicant should 

explain the current status of the operation. 

UPDATE – January 10, 2013 

A police report from the night the establishment was shut down is attached. During the 

Planning Commission meeting the owner admitted that stripper poles were in the 

establishment and the establishment had been operating without a Certificate of 

Occupancy. 




DENIAL of Petition #SP-2012-44 subject to all comments and suggestions outlined in 

this staff report. 

#SP-2012-44 January 10, 2013 6

ATTACHMENTS 

November 13, 2012 City Planning Commission Minutes 


Applicant Response Letter 

Neighborhood Meeting Minutes 

Site Plan from the Development Review Committee submitted for building permits 

Floor Plan 

Development Review Committee Inspection Comments dated June 13, 2012 

Development Review Committee Inspection Comments dated November 2, 2012 

Police Report 


Action Planning Commission Unified Government Commission 

Public Hearing November 13, 2012 

Special Use Held Over 

December 10, 2012 January 10, 2013 

Denial 

STAFF CONTACT: 

Byron Toy, AICP 

MOTIONS 

I move the Unified Government Board of Commissioners DENY Petition #SP-2012-44, 




OR 

I move the Unified Government Board of Commissioners APPROVE Petition #SP-2012- 

44 as meeting all the requirements of the City code and being in the interest of the 




1._________________________________________________________; 

2. _____________________________________________________; And 

3. ________________________________________________________. 

NOVEMBER 13, 2012 CITY PLANNING COMMISSION MINUTES: 

100194 SPECIAL USE PERMIT APPLICATION #SP-2012-44 – JOHN IVAN FOR EL 

CHALATECO, INC. – SYNOPSIS: Renewal of a Special Use Permit (#SP-2010-37) for 

live entertainment in conjunction with the restaurant at 1005-1007 Osage Avenue 

#SP-2012-44 January 10, 2013 7

Recording Secretary Parker stated that the applicant is requesting that this item be held 

over until the December 10, 2012 City Planning Commission meeting. 

Mr. John Ivan, applicant, appeared in support of this application. He stated that he 

would request that this item be continued until next month’s meeting. He discovered 

today that the staff is recommending denial of this application due to fencing being put 

around four (4) of the parking spaces in the back (which were designated for tenants 

although there are no tenants) and this was a concern for the staff. In addition there 

were some signs put on the building and no permits were obtained. The signs were 

Styrofoam. He believes that both of these issues can be corrected to the satisfaction of 

the staff. Mr. Ivan further stated that his client was ill and disabled for about five (5) 

weeks during this process. He believes that they have made considerable progress but 

would ask that the application be continued until the next meeting. 

No one appeared in opposition to the hold over request. 

Planning Director Richardson stated that the staff supports the hold over request as the 

staff would rather get the issues resolved versus recommending denial. 

On motion by Mr. Hurrelbrink, seconded by Ms. Huey, the Planning Commission voted 

as follows to HOLD OVER Special Use Permit #SP-2012-44 until the December 10, 

2012 City Planning Commission Meeting: 

Carson 

Aye 

Dercher 

Not Present 

Ellison 

Aye 

Ernst 

Aye 

Escobar 

Aye 

Huey 

Aye 

Hurrelbrink Aye 


Serda 

Not Present 

Walden 

Chairman 

Walker 

Aye 

Motion to HOLD OVER Passed: 8 to 0 


100194 SPECIAL USE PERMIT APPLICATION #SP-2012-44 – JOHN IVAN FOR EL 

CHALATECO, INC. – SYNOPSIS: Renewal of a Special Use Permit (#SP-2010-37) for 

live entertainment in conjunction with the restaurant at 1005-1007 Osage Avenue 


this case: 





#SP-2012-44 January 10, 2013 8



6. The Notice in the Wyandotte Echo dated September 13, 2012; and 

7. The Notices to property owners dated September 11, 2012, October 2, 2012 

and November 21, 2012; and 

8. Additional information submitted by the Business License Department to the 

staff and distributed to the Commission this evening. 



Mr. John Ivan, 8600 Shawnee Mission Parkway, Shawnee Mission, KS, attorney and 

applicant, appeared in support of this application. He stated that Mr. Jose Quintanilla, 

Principle in this business, 1222 Argentine Boulevard, Kansas City, Kansas, 66105, is 

also present. Mr. Ivan stated that they are requesting approval of the renewal of the 

special use permit for live entertainment which was originally granted in 2010. He was 

present last month at the meeting and requested that this application be continued for 

one (1) month because the staff was recommending denial of the application because 

there was a sign that permits were not obtained and some issues with the parking lot. 

Mr. Ivan stated that the sign that was not allowed has been taken down and the permits 

have been obtained and he thinks that all the corrections on the parking lot have been 

made. They went before the Board of Zoning Appeals and got the parking lot approved 

in 2010. There were certain requirements for fencing on the west side of the property. 

He stated that when the building was expanded this year, Byron Toy recommended 

diagonal parking so they changed the parking to diagonal parking, and there became an 

issue with three or four parking spots behind the building that had originally been 

allocated for tenants in the second story. There have not been any tenants for two (2) 

or three (3) years. There was a fence put up in order to protect the air-conditioner as 

the air-conditioning unit kept getting stolen. There has been an agreement that the 

fence can stay but there is different configuration on the parking in the back of the 

building. Mr. Quintanilla stated that he spoke to Byron Toy. When Mr. Toy went to 

inspect the site he denied one of them because a car could get stuck in there. They 

agreed to put in a “no parking space” and put two (2) on the other side. The sign was 

taken down as requested because there are only three (3) sides that can have signs 

and not four (4). He paid for the sign permit a couple of weeks ago. Mr. Ivan stated 

that there have not been any parking problems and he has represented the 

establishment for over 35 years. He is not aware of any parking problems and this 

parking lot has been improved. It is the best looking parking lot in the area. They are 

requesting approval of the renewal for live entertainment. 

Planning Director Richardson stated that before the Planning Commission meeting last 

month the applicant stated that he had not been able to make the improvements to the 

building because he was ill. Mr. Quintanilla stated that was correct. Director 

Richardson stated that if he had been ill why has the club been operating for several 

months and he has not been able to make the improvements necessary until this week. 

Mr. Quintanilla stated that there was an issue when he first started the club with people 

calling the police and the police showing up. They were closed for awhile because he 

was sick. The restaurant was open for a month with his wife and son operating it and 

he got sick and they had some problems and he got sick and was in the hospital and 

#SP-2012-44 January 10, 2013 9

they closed the restaurant. Before that when they were operating the club, people were 

calling the police and he does not know why. He went to reopen the club a little over a 

month ago. Someone from the city told the sergeant to close down the club last Friday 

because he did not have a special use permit. He believes that it was Phil Henderson. 

He told them that the special use permit expires in May and his license is up-to-date. 

Director Richardson stated that the special use permit was not valid because he did not 

comply with the stipulations of the special use permit in providing the parking and 

getting all the proper permits. The special use permit is never valid until the conditions 

of the special use permit are met. What he is saying is that he operated the club 

illegally. He asked if when the police were called before it was closed down was there 

an occasion when they might have removed a stripper’s pole from this location. Mr. 

Quintanilla stated yes, they have some people that want to dance with them. Mr. Ivan 

stated that there have never been any strippers in this establishment and he does not 

know where these questions are coming from. His client has not been quite responsive 

but this business has hardly been open because of economic/financial problems. They 

received a special use permit in 2010 and he has a copy of it in his file. They went 

through unbelievable improvements on the parking lot and he does not understand now 

that they do not have a special use permit. It has never been raised that they did not 

have a special use permit when they had one; why would they renew one if they did not 

have one. Director Richardson stated that they are back in here before their renewal 

date and that is because they had not complied with the stipulations. He asked if Mr. 

Quintanilla is the proprietor advertising on Face Book as Club 10. Mr. Quintanilla stated 

no. There is a new promoter doing that. The place has been closed for awhile and he 

does not have anyone to run it so this person started promoting it. He had to get some 

money to keep the bills up. When he got the property four (4) years ago he got a trash 

can there and he fixed it up to code. If he is not wanted in Wyandotte County just tell 

him. Director Richardson asked if it is acceptable for the staff to show the Face Book 

page. Mr. Quintanilla stated that he does not have one; it is fine to show it as it is the 

promoters. (Staff pulled up the Club 10 Face Book page); they are inviting over 1,000 

people to these events through Face Book. He stated that this was not the type of live 

entertainment envisioned by staff (referring to the picture of a woman in a thong and 

doing what could be interpreted as a stripper position.) 

Mr. Ivan stated that this particular establishment has probably been there for forty (40) 

years. When Mr. Quintanilla took over this site, it was in horrible, dilapidated condition. 

He probably worked one (1) year in remodeling and getting it up to speed to operate a 

very nice restaurant; he completely remodeled the inside. It is probably the best type of 

restaurant/drinking establishment in the entire area. The parking lot to the west of the 

building had been allowed to deteriorate by prior owners. It was updated and is 

probably the best parking lot in the entire area. He stated that he does not know about 

the Face Book site. This is a small establishment. One side has a very nice updated 

bar with some tables. The other side has a few tables, restaurant facility and a DJ 

stand. It is a small neighborhood place. None of these questions were in the report or 

brought up before the public hearing and he believes his client has put it correctly. If we 

do not want businesses in Kansas City, Kansas, the best way is to say that you really 

never had a special use permit and don’t know why you are here renewing it. He stated 

that this should be routine. He has been practicing law for almost 47 years and he 

almost never seems to be amazed. 

#SP-2012-44 January 10, 2013 10


Planning Director Richardson stated in the Commission’s packet on page 13 is the reinspection 

at which time Mr. Toy was inspecting to assure that the establishment had 

complied with Board of Zoning Appeals, Development Review Committee and City 

Planning Commission items. It was disapproved for both temporary and final certificate 

of occupancy. They had not complied with the special use permit requirements or 

Building Inspection or Board of Zoning Appeals provisions for this building. When 

someone has been twice denied a certificate of occupancy, he does not know how they 

can pretend that they can be open for business. The staff became aware on Friday of 

the potential of a club operation going on Friday night without benefit of having a 

certificate of occupancy in the building which by definition puts the public at risk. He 

stated that staff let the Police Department know about that and the fact that they had not 

complied with the stipulations of their special use permit. The Police Department did 

close the establishment down. While the police were inside the building, one of the 

patrons broke out one of the windows in the police car that was responding to the 

incident. He stated that most of the members were on the Commission before when 

this application was heard. Failure to be forthright with staff and City Planning 

Commission about the nature of the operation, and failure to comply with building and 

zoning codes of the city are sufficient reasons to deny this application. 

Planning Commissioner Serda stated that there was a reference in the staff report with 

regard to security requirements and asked if there were security requirements stipulated 

in the original special use permit. Planning Director Richardson stated that they said 

that they would have security at the door. Dr. Serda stated that that seems to be 

contradicted by the most current response. He was reading page 5 of the staff report 

and it states that the applicant’s response was that the security requirements for this 

drinking establishment were so limited in size that it would never required security 

beyond the standards under the live entertainment requirements. He asked if it is 

required or not. Planning Director Richardson stated that since the staff is 

recommending denial, they did not go into that. However, security is required and it 

would require someone at the door. For larger crowds, they would need to have more 

security as per other parts of the code. Dr. Serda asked if there is any report as to 

whether security was on premises at the incident on Friday. Director Richardson stated 

that there was nothing that he received from the police officer that indicated that there 

was security on-site. 

Chairman Hurrelbrink asked if they had security on-site at the latest incident. Mr. 

Quintanilla stated yes, they have to check identifications. Chairman Hurrelbrink asked if 

he is the security. Mr. Quintanilla stated that he is there and he has one (1) more too. 

On motion by Mr. Ellison, seconded by Mr. Schwartzman, the Planning Commission 

voted as follows to recommend DENIAL of Special Use Permit Application #SP-2012- 

44 for the reasons outlined by staff as follows: 

Carson 

Not Present 

Dercher 

Not Present 

Ellison 

Aye 

Ernst 

Aye 

Escobar 

Aye 

#SP-2012-44 January 10, 2013 11

Huey 

Aye 



Serda 

Aye 

Walden 

Not Present 

Walker 

Not Present 

Motion to recommend DENIAL Passed: 6 to 0 

#SP-2012-44 January 10, 2013 12

#SP-2012-44 January 10, 2013 13

#SP-2012-44 January 10, 2013 14

#SP-2012-44 January 10, 2013 15

#SP-2012-44 January 10, 2013 16

#SP-2012-44 January 10, 2013 17

#SP-2012-44 January 10, 2013 18

#SP-2012-44 January 10, 2013 19

#SP-2012-44 January 10, 2013 20

#SP-2012-44 January 10, 2013 21






To: 

From: 


City Staff 


Re: Petition #SP-2012-50 (120299) 


Applicant: 

Andrew D. Kelley 


Owner 

6748 Everett Avenue 



Approve Special Use Permit 


September 28, 2012 

Purpose: 

To keep two (2) horses on the property 


6748 Everett Avenue 


R-1 Single Family District 

#SP-2012-50 January 10, 2013 1

Existing Surrounding Zoning: North: R-1 Single Family District 

South: R-1 Single Family District 

East: R-1 Single Family District 

West: R-1 Single Family District 


South: 

East: 

West: 

Large lot single family home 

Single family homes 




1.0004 acres 

Master Plan Designation: The City-Wide Master Plan designates this property as Low 

Density Residential. 

Major Street Plan: The City-Wide Master Plan classifies Everett Avenue as a local 

road. 

Advertisement: The Wyandotte Echo – October 18, 2012 

Letters to Property Owner – October 19, 2012, November 26, 2012 

and December 14, 2012 

Public Hearings: November 13, 2012, December 10, 2012 and January 10, 2012 

Public Opposition: No one appeared in opposition at the November 13, 2012 or 

December 10, 2012 City Planning Commission meetings. 

PROPOSAL 

Detailed Outline of Requested Action: The applicant, Andrew Kelly wants to board two 

(2) horses on 1.004 acres located at 6748 Everett Avenue. 




The character of the neighborhood is entirely residential, with a mixture of large 

lot single family homes on either side of Mr. Kelley’s property and ½ to ¾ acre 

lots south, across Everett Avenue. 



The zoning and uses on nearby property are set out above. Due to the size of the 

adjacent properties, specifically the proximity of those residences to Mr. Kelley’s 

property line should not be much of a nuisance. 

#SP-2012-50 January 10, 2013 2



The removal of the restrictions could detrimentally affect nearby property. 


The property is not vacant. 


Special use permits of this nature are not addressed in the Master Plan. 




The proposed use will not increase the amount of vehicular traffic to the point 

where it exceeds the capacity of the street network. 




The proposed use is not reasonably necessary for the convenience and welfare 

of the public and should not permanently injure the marketability of adjoining 

property because the special use permit is temporary in nature. 




Noise and dust normally associated with this use should not be an issue for 

nearby properties. 


If the areas where the horses are boarded and graze is not properly maintained, 

manure disposed of in a timely manner; there will be unpleasant odor issues for 

adjacent property owners. 


resource. 


#SP-2012-50 January 10, 2013 3



There is no gain to the public health, safety, and welfare. If the applicant is 

denied this application, the horses will need to be relocated elsewhere. 



The proposed use should not cause undue concentrations of populations on the 

property. 


None 


Though not required, the applicant held a neighborhood meeting on October 28, 2012. 

Staff has not yet received the sign-in sheet, meeting minutes and affidavit. 

KEY ISSUES 

Waste disposal 


The Planning Commission voted 6 to 0 to recommend APPROVAL of Special Use 

Permit Application #SP-2012-50, subject to: 


1. How did you acquire the horses? 

Applicant Response: The horses were given to Andrew Kelley, by Sandy 

Hamilton in August 2011 because they could not find homes for both of 

them together, as the older mare is not rideable and they wanted them to 

go together as a pair. They had been together for 8 years. They were 

moving to a condo and could not longer have them. 

2. The area where the horses are roaming, in the provided pictures seems to 

be quite small, considering the standard for keep a horse, if grazing on the 

land is 1 horse per acre. 

a. How often will you feed the horses? 

b. How often will you be bringing feed to the property? 

#SP-2012-50 January 10, 2013 4

Applicant Response: The horses are fed twice a day. In the morning 

they are each given 2 – 3 flakes of hay. In the evening they are again 

given 2 – 3 flakes of hay and grain feed from a feed store, Feldman’s. 

Dante is given 12% sweet feed 1.5 lbs of sweet feed and Sundown is 

given Equine Senior feed of 2.5 lbs. 

We bring hay to the property with a trailer and truck approximately 

every 2 – 3 months. Feed is purchased from the feed store 

approximately monthly to every other month. Two grain bins are kept 

in the accessory building with feed in them. When it gets low, we 

purchase more. 

3. How will you be disposing of waste on the property? 

Applicant Response: Currently, the manure is composted and mixed with 

top soil. We have given lots of it way in the early spring and now that it is 

approaching winter will be hauled off using bobcat to load the truck (small 

truck with dump bed) that we own to Deffenbaugh disposal on Holliday 

Drive. Manure is removed from the entire enclosed area on a weekly basis. 

4. When was the accessory structure built? 

a. Was a building permit obtained? 

Applicant Response: I do not know if one was obtained to build the 

original structure. I did not get a permit to do the repair work. 


A. Items that require plan revision or additional documentation before 


1) None 

B. Items that are conditions of approval (stipulations): 

1) None 

C. Comments that are not critical to engineering’s recommendations for this 


1) None 

Wyandotte County Conservation District Comments: 

There are three major soil types that were identified: Ladoga silt loam, 3 to 

8 percent slopes, Knox silt loam, 7 to 12 percent slopes and Gosport 

complex, 10 to 30 percent slopes. These soil types are considered highly 

erodible when the surface is denuded of protective cover. 

The site is not well suited for two horses. The site is too small for grazing 

of two horses. There is very little grass for them. There is a stream right 

north of the lot and a pond just downstream. Fecal waste can be washed 

right into the stream and the pond in a rain storm. This will contaminate the 

water and the areas downslope. Measures need to be implemented to 

protect the water. 

#SP-2012-50 January 10, 2013 5

There is a good housing system for the horses. The horses will need to 

have supplemental feed supplied to them to maintain good health. 

Every special use permit for the keeping of livestock has fundamental issues that 

need to be evaluated: 

Size of the property; 

Slope of the property; 

Adequate shelter; 

Waste disposal; 

Code Enforcement issues and; 

A clear and direct plan from the applicant/owner. 

In previous cases in the last four years, there have been four special use permits 

of similar size that have been presented before the Planning Commission. One 

was approved, three were denied. 

#SP-2008-41 – Denied (2 horses) 


#SP-2011-10 – Approval (4 horses) 


The reasons why these previous cases were denied were due to all of the above 

mentioned factors. There were severe slope on the property. There was no area 

provided for the horses to roam. Waste was not being disposed of in a timely 

manner. Furthermore, manure could be washed into a stream corridor or body of 

water affect neighbors and property owners downstream. Code Enforcement had 

issued citations on the property for lack of compliance with the livestock 

ordinance. Lastly, there was not a clear plan in place that showed the Planning 

Commission that the applicant would be able to adequately take care of the 

horses all the while maintaining the property. 

It is clear to staff that the applicant takes very good care of his horses. He is 

knowledgeable about the type of feed that needs to be fed to the two horses, but 

just as important has a clear direction as to how the property will be maintained, 

specifically waste disposal. 

Similar to the special use permit that was approved, #SP-2011-10, Ms. Claudine 

Barnett boarded four horses on 1.5 acres. She was extremely knowledgeable and 

provided a detailed plan as to how she could feed them, but just as important 

knew how much manure would be generated with the feed that she was using. 

Mr. Kelley has provided such a plan detailing staff’s comments. Because there is 

not enough grass for the horses to graze, Mr. Kelley is providing supplemental 

feed. Manure will be disposed of weekly via bobcat and truck, hauled to 

Deffenbaugh. 

The horses’ proximity to a stream corridor and those potential impacts on 

neighbors makes this decision very difficult because Mr. Kelley has provided a 

#SP-2012-50 January 10, 2013 6

detailed plan for his property. However, based upon the Conservation District’s 

comments, staff recommends denial. 

Should this petition be approved, should there be any issue raised by adjacent 

property owners in reference to the horses or problems that arise from them; this 

permit will be brought back to the Unified Government Board of Commissioners 

for revocation. 

UPDATE – December 10, 2012: 

This petition was held over by the Planning Commission to have staff contact Mr. 

Jim McDaniels with the Health Department about his inspection of Mr. Kelley’s 

property. According to Mr. McDaniels, on May 1, 2012 he inspected the property. 

He stated that Mr. Kelley cleans the corral weekly with a bobcat and the manure 

pile is mixed with dirt and allows it to dry. Mr. McDaniels also mentioned that 

there needs to be a good buffer (grass area) between the corral and the creek. If 

that is done, it is the opinion of the Health Department that there will not be an 

environmental hazard from the runoff. He spoke with the Kansas Department of 

Health and Environment (KDHE) and they agree as well. 

Mr. Kelley stated in a letter on November 28, 2012 that they have reseeded the 

horses’ pen area and will continue to do so every fall and spring to help the grass 

that has been destroyed. A silt fence has been installed per the manufacturer’s 

recommendation to prevent runoff from reaching the creek. Pictures have been 

provided in the attachments. 

Staff Response: The applicant has worked extremely hard to rectify the issues 

brought up by the Conservation District and the Health Department. Fencing has 

been installed to reduce runoff. Grass has been planted, and the horses are 

separated from the newly planted seedlings to promote growth. Staff supports 

Mr. Kelley having horses on the property for two (2) years, however as previously 

mentioned in November, should there be any issue raised by adjacent property 

owners in reference to the horses or problems that arise from them; this permit 

will be brought back to the Unified Government Board of Commissioners for 

revocation 






APPROVAL of Petition #SP-2012-50 subject to all comments and suggestions outlined 

in this staff report. 

#SP-2012-50 January 10, 2013 7

ATTACHMENTS 

November 13, 2012 City Planning Commission Minutes 


Applicant Response Letter (updated which includes Jim McDaniels – Health Dept.) 

Email Response from Jim McDaniels – Wyandotte County Health Department 


Property Sketch 

Aerial Photograph 

Photographs of Property 



Public Hearing November 13, 2012 

Held Over 

Special Use December 10, 2012 January 10, 2013 

Permit Approval 



MOTIONS 






OR 

1._________________________________________________________; 

2. _____________________________________________________; And 

3. ________________________________________________________. 





#SP-2012-50 January 10, 2013 8

NOVEMBER 13, 2012 CITY PLANNING COMMISSION MINUTES: 

120299 SPECIAL USE PERMIT APPLICATION #SP-2012-50 - ANDREW KELLEY – 

SYNOPSIS: Special Use Permit to keep two (2) horses at 6748 Everett Avenue 


this case: 




4. The staff report and attachments dated November 13, 2012; 



6. The Notice in the Wyandotte Echo dated October 18, 2012; 

7. The Notices to property owners dated October 19, 2012. 



Mr. Andrew Kelley, 6748 Everett Avenue, Kansas City, Kansas, applicant, appeared in 

support of this application. He stated that he has filed this special use permit to keep 

two (2) horses. Chairman Walden asked if he has read the staff report. Mr. Kelley 

stated yes. Chairman Walden stated that the staff has recommended denial of this 

application for several reasons. Mr. Kelley stated that he guesses he did not see the 

final report (he was given a copy of the final staff report and the Commission allowed 

the applicant time to review the staff report and heard the next application and then 

returned to Mr. Kelley’s application.) 

Mr. Kelley stated that he had the Health Department out and the person acted as 

though that was not an issue. There is proper waste management and it is cleaned up 

weekly and is composted and either given away or hauled off. He stated that they do 

not use the actual area where they are penned in for their only feed. They are hayed 

twice a day and they do over seed because they are very hard on the landscape 

because they do tend to eat grass. They have grain once a day and are in very good 

health. He talked to the neighbors behind him (north side) and they all back to the pond 

and all of them take care of the pond. Chairman Walden asked if the Health 

Department left him with any documents. Mr. Kelley stated that the only thing that he 

left was his name and he called him the day he saw the information on his door. He 

called him and he came back to the property and he was supposed to report to the 

agency that cited him for having horses. He stated that he does not recall the name of 

the staff member that came out except his name was John. He came out to inspect the 

welfare of the horses and where they were located. Deputy Chief Counsel York stated 

that it is John McDaniels with the local Health Department. Chairman Walden stated 

that this is an opposite viewpoint from the Conservation District. Mr. Kelley stated that 

his property is terraced by retaining walls. Where the horse pen is located, it is 60’ to 

70’ from the closest waterway. 

#SP-2012-50 January 10, 2013 9

Chairman Walden asked if the requirement is one (1) acre per horse. Director 

Richardson stated that is the minimum that the staff would recommend approval on. 

This property is one (1) acre but that includes the house and all the paved areas. 

Planning Commissioner Schwartzman asked if they haul water. Mr. Kelley stated that 

they have two containers that they replenish at least every other day. Mr. Schwartzman 

asked if the manure is hauled out. Mr. Kelley stated that he is a business operator and 

he usually has top soil on hand and it is blended with top soil and used for top soil. He 

stated that he allows it to sit an average of two (2) months and it is turned. 

Chairman Walden asked how old the horses are. Mr. Kelley stated that one is 22 and 

the other is 13. 

Planning Commissioner Serda stated that the staff stated that he held a neighborhood 

meeting and asked about the feedback he received from the meeting. Mr. Kelley stated 

that he hand delivered all the letters and talked to his neighbors and no one had any 

comments or concerns. One neighbor showed up 1 ½ hours late for the meeting. He 

talks to his neighbors on a daily basis except for one and that neighbor lives on the 

other side of the pond. 

Planning Commissioner Schwartzman asked if they ride the horses. Mr. Kelley stated 

yes; he uses them for pleasure. The one has a weight restriction and that one is used 

for his children. 

Planning Commissioner Carson asked how long the horses have been on the property. 

Mr. Kelley stated one (1) year. 

Planning Commissioner Schwartzman asked if there was livestock on the property prior 

to the horses. Mr. Kelley stated no. 

Planning Commissioner Escobar asked if he has ever taken care of horses. Mr. Kelley 

stated yes; his mother owned seven (7) horses and they leased 1,000 acres of property 

so he grew up around horses for nineteen (19) years. 


Planning Director Richardson asked what Mr. McDaniels’ role is at the Health 

Department. Deputy Counsel York stated that he is an environmental health inspector. 

There is no licensing that they would do with regard to this use so she is not sure what 

role he played in going out to the property. If it was a complaint and he was trying to 

address the complaint, maybe it was routed to the Health Department and maybe it 

would be useful information for the staff from Inspector McDaniels what his observations 

were and what his role was there. Director Richardson stated that the staff would like to 

have that information but even with it he is not sure staff would be supportive of the 

application for two (2) horses on this property. 

On motion by Ms. Walker, seconded by Dr. Serda, the Planning Commission voted as 

follows to HOLD OVER Special Use Permit #SP-2012-50 until the December 10, 

#SP-2012-50 January 10, 2013 10

2012 City Planning Commission meeting for information from Health Department 

Inspector McDaniels to be reviewed by staff: 

Carson 

Aye 

Dercher 

Not Present 

Ellison 

Aye 

Ernst 

Aye 

Escobar 

Aye 

Huey 

Aye 

Hurrelbrink Aye 


Serda 

Aye 

Walden 

Chairman 

Walker 

Aye 

Motion to recommend HOLD OVER Passed: 9 to 0 


120299 SPECIAL USE PERMIT APPLICATION #SP-2012-50 - ANDREW KELLEY – 

SYNOPSIS: Special Use Permit to keep two (2) horses at 6748 Everett Avenue 


this case: 







6. The Notice in the Wyandotte Echo dated October 18, 2012; 

7. The Notices to property owners dated October 19, 2012 and November 14, 

2012. 



Mr. Andrew Kelley, 6748 Everett Avenue, Kansas City, Kansas, applicant, appeared in 

support of this application. He stated that he wants to keep two (2) horses on the 

property. Chairman Hurrelbrink asked what has changed since November. Mr. Kelley 

stated that he has installed a silt fence at the north end of his property which is between 

the horses’ pen and the waterway. He has also rift raft the culvert areas that lead to the 

waterway. He stated that nothing else has changed. 


Planning Director Richardson stated that the staff has done more coordination with the 

Health Department and Wyandotte Conservation District and Mr. Kelley has made 

improvements since the last meeting. For the average person wanting to keep horses 

this site is too small and inadequate but if he is going to feed the horses properly and 

remove the waste properly as he has indicated. The staff would recommend approval 

#SP-2012-50 January 10, 2013 11

for (2) years. Mr. Kelley needs to maintain the silt fencing as it is an integral part of the 

approval and to protect the waterway. 

On motion by Mr. Schwartzman, seconded by Mr. Ernst, the Planning Commission 

voted as follows to recommend APPROVAL of Special Use Permit #SP-2012-50 as 

follows: 

Carson 

Not Present 

Dercher 

Not Present 

Ellison 

Aye 

Ernst 

Aye 

Escobar 

Aye 

Huey 

Aye 



Serda 

Aye 

Walden 

Not Present 

Walker 

Not Present 


Subject to: 


1. How did you acquire the horses? 

Applicant Response: The horses were given to Andrew Kelley, by Sandy 

Hamilton in August 2011 because they could not find homes for both of 

them together, as the older mare is not rideable and they wanted them to 

go together as a pair. They had been together for 8 years. They were 

moving to a condo and could not longer have them. 

2. The area where the horses are roaming, in the provided pictures seems to 

be quite small, considering the standard for keep a horse, if grazing on the 

land is 1 horse per acre. 

a. How often will you feed the horses? 

b. How often will you be bringing feed to the property? 

Applicant Response: The horses are fed twice a day. In the morning 

they are each given 2 – 3 flakes of hay. In the evening they are again 

given 2 – 3 flakes of hay and grain feed from a feed store, Feldman’s. 

Dante is given 12% sweet feed 1.5 lbs of sweet feed and Sundown is 

given Equine Senior feed of 2.5 lbs. 

We bring hay to the property with a trailer and truck approximately 

every 2 – 3 months. Feed is purchased from the feed store 

approximately monthly to every other month. Two grain bins are kept 

in the accessory building with feed in them. When it gets low, we 

purchase more. 

#SP-2012-50 January 10, 2013 12

3. How will you be disposing of waste on the property? 

Applicant Response: Currently, the manure is composted and mixed with 

top soil. We have given lots of it way in the early spring and now that it is 

approaching winter will be hauled off using bobcat to load the truck (small 

truck with dump bed) that we own to Deffenbaugh disposal on Holliday 

Drive. Manure is removed from the entire enclosed area on a weekly basis. 

4. When was the accessory structure built? 

a. Was a building permit obtained? 

Applicant Response: I do not know if one was obtained to build the 

original structure. I did not get a permit to do the repair work. 




1) None 


1) None 



1) None 

Wyandotte County Conservation District Comments: 

There are three major soil types that were identified: Ladoga silt loam, 3 to 

8 percent slopes, Knox silt loam, 7 to 12 percent slopes and Gosport 

complex, 10 to 30 percent slopes. These soil types are considered highly 

erodible when the surface is denuded of protective cover. 

The site is not well suited for two horses. The site is too small for grazing 

of two horses. There is very little grass for them. There is a stream right 

north of the lot and a pond just downstream. Fecal waste can be washed 

right into the stream and the pond in a rain storm. This will contaminate the 

water and the areas downslope. Measures need to be implemented to 

protect the water. 

There is a good housing system for the horses. The horses will need to 

have supplemental feed supplied to them to maintain good health. 

Every special use permit for the keeping of livestock has fundamental issues that 

need to be evaluated: 

Size of the property; 

Slope of the property; 

Adequate shelter; 

Waste disposal; 

Code Enforcement issues and; 

A clear and direct plan from the applicant/owner. 

#SP-2012-50 January 10, 2013 13

In previous cases in the last four years, there have been four special use permits 

of similar size that have been presented before the Planning Commission. One 

was approved, three were denied. 



#SP-2011-10 – Approval (4 horses) 


The reasons why these previous cases were denied were due to all of the above 

mentioned factors. There were severe slope on the property. There was no area 

provided for the horses to roam. Waste was not being disposed of in a timely 

manner. Furthermore, manure could be washed into a stream corridor or body of 

water affect neighbors and property owners downstream. Code Enforcement had 

issued citations on the property for lack of compliance with the livestock 

ordinance. Lastly, there was not a clear plan in place that showed the Planning 

Commission that the applicant would be able to adequately take care of the 

horses all the while maintaining the property. 

It is clear to staff that the applicant takes very good care of his horses. He is 

knowledgeable about the type of feed that needs to be fed to the two horses, but 

just as important has a clear direction as to how the property will be maintained, 

specifically waste disposal. 

Similar to the special use permit that was approved, #SP-2011-10, Ms. Claudine 

Barnett boarded four horses on 1.5 acres. She was extremely knowledgeable and 

provided a detailed plan as to how she could feed them, but just as important 

knew how much manure would be generated with the feed that she was using. 

Mr. Kelley has provided such a plan detailing staff’s comments. Because there is 

not enough grass for the horses to graze, Mr. Kelley is providing supplemental 

feed. Manure will be disposed of weekly via bobcat and truck, hauled to 

Deffenbaugh. 

The horses’ proximity to a stream corridor and those potential impacts on 

neighbors makes this decision very difficult because Mr. Kelley has provided a 

detailed plan for his property. However, based upon the Conservation District’s 

comments, staff recommends denial. 

Should this petition be approved, should there be any issue raised by adjacent 

property owners in reference to the horses or problems that arise from them; this 

permit will be brought back to the Unified Government Board of Commissioners 

for revocation. 

UPDATE – December 10, 2012: 

This petition was held over by the Planning Commission to have staff contact Mr. 

Jim McDaniels with the Health Department about his inspection of Mr. Kelley’s 

property. According to Mr. McDaniels, on May 1, 2012 he inspected the property. 

He stated that Mr. Kelley cleans the corral weekly with a bobcat and the manure 

#SP-2012-50 January 10, 2013 14

pile is mixed with dirt and allows it to dry. Mr. McDaniels also mentioned that 

there needs to be a good buffer (grass area) between the corral and the creek. If 

that is done, it is the opinion of the Health Department that there will not be an 

environmental hazard from the runoff. He spoke with the Kansas Department of 

Health and Environment (KDHE) and they agree as well. 

Mr. Kelley stated in a letter on November 28, 2012 that they have reseeded the 

horses’ pen area and will continue to do so every fall and spring to help the grass 

that has been destroyed. A silt fence has been installed per the manufacturer’s 

recommendation to prevent runoff from reaching the creek. Pictures have been 

provided in the attachments. 

Staff Response: The applicant has worked extremely hard to rectify the issues 

brought up by the Conservation District and the Health Department. Fencing has 

been installed to reduce runoff. Grass has been planted, and the horses are 

separated from the newly planted seedlings to promote growth. Staff supports 

Mr. Kelley having horses on the property for two (2) years, however as previously 

mentioned in November, should there be any issue raised by adjacent property 

owners in reference to the horses or problems that arise from them; this permit 

will be brought back to the Unified Government Board of Commissioners for 

revocation 

#SP-2012-50 January 10, 2013 15

#SP-2012-50 January 10, 2013 16

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#SP-2012-50 January 10, 2013 19

#SP-2012-50 January 10, 2013 20

Figure 1. Aerial photograph of 6748 Everett Avenue. 

#SP-2012-50 January 10, 2013 21

Figure 2. Photograph of horses on the property. (Photograph provided by the applicant). 


#SP-2012-50 January 10, 2013 22


Figure 5. Photograph of accessory structure on the property. (Photograph provided by the applicant). 

#SP-2012-50 January 10, 2013 23

Figure 6. Aerial photograph of silt fencing (provided by the applicant). 

#SP-2012-50 January 10, 2013 24

Figure 7. Aerial photograph of silt fencing (provided by the applicant). 

#SP-2012-50 January 10, 2013 25






To: 

From: 


City Staff 


Re: Petition #SP-2012-54 (100152) 


Applicant: 

Michael Morse 


Applicant 

1124 Pawnee Avenue 



Renewal of a special use permit 

to allow an auto salvage yard. 



Purpose: 

To continue operation of an auto 

salvage yard. 


1124 Pawnee Avenue 


Heavy Industrial District 

#SP-2012-54 January 10, 2013 1

Existing Surrounding Zoning: North: M-3 Heavy Industrial District 

South: Railroad Right-Of-Way 

East: M-3 Heavy Industrial District 

West: M-3 Heavy Industrial District 


South: 

East: 

West: 

Industrial Uses 

Railroad Right-Of-Way 

Industrial Uses 

Salvage Yard 


1.16 acres 

Master Plan Designation: The City Wide Master Plan designates this property as 

Industrial. 

Major Street Plan: Pawnee Avenue is designated as a local street. 

Advertisement: The Wyandotte Echo – November 15, 2012 

Letters to Property Owner – November 14, 2012 and December 13, 

2012 




PROPOSAL 

Detailed Outline of Requested Action: Michael Morse with Quick Pick Auto Salvage is 

requesting renewal of a special use permit to continue operation of an auto salvage 

yard. 




This neighborhood is completely industrial in character. 



Staff would consider this proposal to be compatible with nearby uses. 



#SP-2012-54 January 10, 2013 2

Considering that this property has had an identical use on the property for some 

years, staff does not foresee neighbors having an issue with the proposal. 


The property is not vacant. It is currently occupied by the applicant 


The City Wide Master Plan designates this property as industrial. This use will be 

compatible with that designation. 




This proposal will continue the business to operate. Because of that, the traffic in 

this area will remain the same. 




The point of necessary convenience is debatable. This business provides 

another option for this type of service. This property has not negatively impacted 

the issues listed above. 




This business is surrounded by industrial property for a few blocks. Because of 

this staff does not foresee noise or vibrations from this proposal to create an 

issue. 


Materials such as oil, antifreeze, gas, wiper fluid and used tires have been 

managed properly; this business has not created an issue with these points. 


resource. 

Staff does not believe that this will be an issue. 



#SP-2012-54 January 10, 2013 3

This project would have a neutral impact on the health, safety and welfare of the 

community. 



Staff does not believe that this will be an issue. 


1. This portion of the city was annexed in 1901. 

2. The Board of Commissioners approved a rezoning from “D” Two Family (today’s 

R-2) to “J” Heavy Industrial (today’s M-3) on May 23, 1946 (Ordinance #34288). 

3. Three (3) business licenses are currently active on this site. BJ Auto Sales (open 

4/1/2002), JGS Auto Wrecking (open 3/21/2006) and Northland Tow Service 

(open 9/1/2008) 

4. The Board of Commissioners approved a two (2) year Special Use Permit for the 

applicant to operate this business on August 26, 2010 as case #SP-2010-29. 


The applicant held a neighborhood meeting on November 26, 2012. Six people were in 

attendance. The only neighbor concern voiced in the meeting was about the condition 

(dead) of some of the landscaping in the area. 

KEY ISSUES 

Appearance of site 





Staff has no issue with the renewal of the special use permit as long as the 

applicant stays true to the commitment to the neighbors to replace the dead 

landscaping and old mulch this spring. Staff recommends approval, with the 

stipulation that the applicant addresses the concerns of the neighbors listed in 

the neighborhood meeting minutes below. 

#SP-2012-54 January 10, 2013 4




1) None 


1) None 



1) None 








ATTACHMENTS 


Zoning Map 

Vicinity Map 

Site Plan 





Special Use Approval 

STAFF CONTACT: J. Bradley Munford Jmunford@wycokck.org 

MOTIONS 



public, health safety and welfare subject to such modifications as are necessary to 



1._________________________________________________________; 

#SP-2012-54 January 10, 2013 5

2. _____________________________________________________; And 

3. ________________________________________________________. 

OR 

I move the Unified government Board of Commissioners DENY Petition #SP-2012-54, 

as it is not in compliance with the City Ordinances and as it will not promote the health, 

safety and welfare of the City of Kansas City, Kansas; and other such reasons that have 

been mentioned. 


100152 SPECIAL USE PERMIT #SP-2012-54 – MICHAEL L. MORSE WITH QUICK 

AUTO SALVAGE AND TOW – SYNOPSIS: Renewal of a Special Use Permit (#SP- 

2010-29) for an auto salvage yard, police tow and storage at 1124 Pawnee Avenue 

The items I have just read are on the Consent Agenda. At this time, does any member 

of the Commission wish to disclose any contact on any of the items?” (No one 

responded in the affirmative). 

“Mr. Chairman, please include the following items as part of the record for all of the 

Items on the Consent Agenda: 





5. The application and other documents, plans, pictures and maps submitted by the 

applicant in furtherance of the case and contained in the official file; 

6. The publication in The Echo for the special use permit application; and 

7. The notices to property owners. 

The Commission will vote to approve in one vote these items unless someone comes 

forward and asks that an item be removed from the Consent Agenda.” 

Chairman Hurrelbrink asked if any member of the public, staff or Commission wished to 

remove an item from the Consent Agenda. (No one responded in the affirmative.) 


follows to APPROVE the items on the Consent Agenda: 

Carson 

Not Present 

Dercher 

Not Present 

Ellison 

Aye 

Ernst 

Aye 

Escobar 

Aye 

Huey 

Aye 

#SP-2012-54 January 10, 2013 6



Serda 

Aye 

Walden 

Not Present 

Walker 

Not Present 

Motion to APPROVE Passed: 6 to 0 

Subject to: 


Staff has no issue with the renewal of the special use permit as long as the 

applicant stays true to the commitment to the neighbors to replace the dead 

landscaping and old mulch this spring. Staff recommends approval, with the 

stipulation that the applicant addresses the concerns of the neighbors listed in 

the neighborhood meeting minutes below. 




1) None 


1) None 



1) None 

#SP-2012-54 January 10, 2013 7

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#SP-2012-54 January 10, 2013 12

#SP-2012-54 January 10, 2013 13

#SP-2012-54 January 10, 2013 14

#SP-2012-54 January 10, 2013 15






To: 

From: 


City Staff 


Re: Petition #SP-2012-55 (120330) 


Applicant: 

Ben Barreth 


Applicant 

13326 West 112 th Street 

Overland Park, KS 66210 





Purpose: 

To allow five (5) individuals to operate 

businesses out of the home (paying no rent 

and the owner not living in the home) 


4428 State Line Road 


R-1(B) Single Family District 

#SP-2012-55 January 10, 2013 1

Existing Surrounding Zoning: North: R-1(B) Single Family District 

South: R-1(B) Single Family District 

East: Kansas City, MO 

West: R-1(B) Single Family District 


South: 

East: 

West: 

Single family home 


Single family homes (across State Line Road) 



.118 acre 

Master Plan Designation: The Rosedale Master Plan designates this property as 

Single Family Residential. 

Major Street Plan: State Line Road is classified as a collector street. 



2012 



Planning Commission meeting. There were seven (7) persons present in support. 

PROPOSAL 

Detailed Outline of Requested Action: The applicant, Ben Barreth wants to allow five 

(5) individuals to operate businesses out of the home (paying no rent and the owner not 

living in the home) at 4428 State Line Road. 




The character of the neighborhood is comprised entirely of single family homes 

with commercial businesses at the intersection of West 45 th Avenue and State 

Line Road. 



The zoning and their uses are set out above. The proposed use should not pose 

a problem if customers are not coming to the residence. 

#SP-2012-55 January 10, 2013 2



If the rules of the home occupation, with the exception of having individuals who 

are not family members conducting the businesses, and the strict adherence to 

the tenant agreement, removal of the restrictions will not detrimentally affect 

nearby property. 


The length of time the property has been vacant is unknown. 


Special use permits are not addressed in the Master Plan. 




The proposed use may result in an increase in the need for parking along State 

Line Road, as there is minimal space available in the driveway if all tenants have 

a vehicle. 




The proposed use is not reasonably necessary for the convenience and welfare 

of the public, only for those individuals who are operating the businesses and will 

not substantially injure the appropriate use, visual quality or marketability of 

adjoining property. 




The noise that would normally be associated with this use will not cause 



This is not applicable. 


resource. 

This is not applicable. 

#SP-2012-55 January 10, 2013 3



The relative gain to the public health, safety, and welfare as compared to the 

hardship imposed on the individual landowner is minimal. 



The proposed use will not result in overcrowding of land if the businesses are 

restricted to five (5) individuals, total. If there are more, parking may become a 

problem, as there is no off-street parking available. 


None 


The applicant held a neighborhood meeting on November 20, 2012. According to the 


KEY ISSUES 

Hours of operation 

Business License questions 





1. Subject to approval, this special use permit is valid for two (2) years. 

2. What are the proposed businesses operating out of the residence? 

Individuals who are technologically inclined, operating start-up businesses 

are mentioned, but could you please clarify? 

Applicant Response: They are startup “pre-businesses”, not businesses at 

this point. They have no income, no employees, no EID, no business 

designation, no physical product, etc. None of them are truly businesses at 

this point. The whole idea is that I will be bringing new startups into the 

house every 3 months in the hopes that they become true businesses and 

begin to bring jobs to Kansas City. Right now, there are two programmers 

working on www.threed.ee and www.jekylhub.com respectively, but it will 

change on a weekly basis. 

#SP-2012-55 January 10, 2013 4

Staff Response: It appears that the “pre-businesses” will be 

technologically natured, whether that is new social networks, web design, 

etc. With regards to an impact on the neighborhood, the actual type of 

start-up is conducted within the residence. There are no noxious chemicals 

or products being produce. The main concern is the number of tenants 

coming and going, should all of them (five in total) have a car. 

3. Will there be any customers at the location. If yes, what are the proposed 

hours of operation? 

Applicant Response: There will be no customers, so there are no hours of 

operation. There are no products or services to be rendered out of the 

home. 

Staff Response: Whether that is from 6:00 AM, to manage with the Eastern 

Standard Time Zone and its east coast markets to 9:00 PM to keep up with 

the Pacific Standard Time Zone and its west coast markets, there must be 

general hours that the tenants will be working on their “pre-businesses”, 

start-up business. 

4. The letter indicates that the tenants will be at the residence for three (3) 

months. Is there an instance where these tenants will be at the residence 

longer than the specified time? 

Applicant Response: Yes, it is very possible that I might want to allow a 

fledging startup to stay there longer, just to help them going. The “3 

months” is a guideline. I hope that in most cases it will in fact only be one 

month because then I can get the startups plugged into the Kansas City 

startup scene quicker and move them on, to allow room for the next startup 

to take residence at the house. 

5. Per Business License: If allowed, each business operation will need to 

individually register and file the occupation tax with this office. I am 

presuming this request is direct result of Google Fiber availability in that 

area. With that thought, it raises a question for this office. 

How will the number of businesses actually operating at this location 

be accounted for? (one person operations could attempt suboccupancy 

to other persons, or allow someone to try and piggyback 

on their business activity ---- we routinely find attempts for this at 

commercial locations) 

Applicant Response: These are not businesses. I do not believe you have a 

designation for these kinds of entities, nor should you in my opinion. My 

thought is you should wait until they become actual businesses then worry 

about that. I am treating this solely like their renters. As long as there are 

only five of them in the house, I do not care if they are working on the same 

project or different ones. At the point they become true businesses, they 

can apply for a business license and go through that whole process, but 

that is their concern, not mine (correct me if I am wrong here). I am not 

#SP-2012-55 January 10, 2013 5

involved in the running of their startup “pre-business” at all, just providing 

them a place for them to get to Kansas City easily, cheaply and quickly. 

6. Is the property owner receiving any financial gain from the renters now or 

in the future? 

Applicant Response: No, I am taking a loss right now (about $600 - 

$800/month), but I do hope to rent one and only one of the bedrooms of the 

house on a website called http://www.airbnb.com and I have contacted the 

City about the process of having it inspected for that purpose. The rent of 

that single room would hopefully cover some of my costs, but it would not 

come from the businesses, but somebody staying there temporarily, 

possibly a “fiber tourist” out of Silicon Valley in San Francisco for example. 

My hope is that I could charge $50/night for fiber tourists to stay in one 

room of the house, get 8 nights a month and at least cover the mortgage 

for the house. 

Staff Response: Based on rental comment, the applicant, Mr. Ben Barreth 

must contact Rental Licensing in order to charge an individual rent or 

nightly fee. 

7. How has parking been addressed? 

Applicant Response: So far none of the tenants have cars. One guy has a 

bicycle. I have been giving them rides everywhere. There is parking in the 

driveway for up to five vehicles (including one spot in the rear of the 

house). Honestly, I highly doubt this will be a problem. Most of the people 

applying for the program have no vehicle. 

Staff Response: Staff has some concerns about the applicant driving 

tenants anywhere and everywhere they want to go, as it appears that the 

tenants have a personal taxi driver. If each tenant has a car, there will be 

enough 

8. How have roommates of the five (5) tenants been addressed? 

Applicant Response: I have given them the expectation that only five 

people can “live” in the house at any time (four permanent, plus one in the 

www.airbnb.com room mentioned in #5 above). If they have a business cofounder 

visit from out of town for a single weekend I have told them that is 

fine, but if it is anything longer than that, I told them I would get into trouble 

with the City and I would have to kick them out. 

Staff Response: Per Sec. 27-340, Family means one of more persons who 

are related by blood or marriage, including any foster children, a group of 

not more than five persons living together by joint agreement on a 

nonprofit cost sharing basis, or a combination of persons related by blood 

or marriage along with no more than two unrelated adults to a maximum 

number of five persons living together and occupying a single 

#SP-2012-55 January 10, 2013 6

housekeeping unit with single kitchen facilities. In addition, up to ten 

persons, including eight or fewer persons with a disability or handicap and 

not exceed two staff residents residing in a swelling shall be considered to 

be a family. Handicapped persons are defined in title VII of the Civil Rights 

Act of 1968, as amended by the Fair Housing Amendments Act of 1988. 

If there are more than five individuals living in the residences, this does not 

constitute the definition of a family. Those individuals will need to find a 

different location to reside, should they choose to stay and begin their 

startup business. 










ATTACHMENTS 


Applicant Application Submittal Letter 



Aerial Photographs 

Letters in Support 







MOTIONS 



#SP-2012-55 January 10, 2013 7




OR 

1._________________________________________________________; 

2. _____________________________________________________; And 

3. ________________________________________________________. 






120330 SPECIAL USE PERMIT #SP-2012-55 – BEN BARRETH – SYNOPSIS: 

Special Use Permit to allow five (5) individuals to operate businesses out of the home 

(paying no rent and the owner not living in the home) at 4428 State Line Road 


this case: 







6. The Notice in the Wyandotte Echo dated November 15, 2012; 

7. The Notices to property owners dated November 14, 2012; and 

8. Letters in support from RDA and Hanover Heights Neighborhood Association 

which were distributed this evening. 


disclose concerning this case. Planning Commissioner Serda stated that he serves on 

the Board of RDA and this application was considered at the November meeting and he 

did not participate in that vote. 

Mr. Ben Barreth, 13326 West 112 th Street, Overland Park, Kansas, 66210, applicant, 

appeared in support of this application. He stated that he and his wife purchased this 

house in the Spring Valley neighborhood to lure tech start-up people from out of town 

with free rent and Google fiber. The idea is that they are trying to lure star-up tech 

people from areas like Silicone Valley, Boston and New York City. They would let the 

people live and work in this home rent free. They are paying for the rent, utilities and 

Google fiber with the idea that they will move their start-up to Kansas City and build a 

#SP-2012-55 January 10, 2013 8

profit business and bring jobs to the area and taxes to the area. He stated that three (3) 

individuals have moved to town as part of this effort and he has two (2) people living in 

the home right now. They are working on “business related activities” – they are 

generally college-age individuals working on laptops and there are no products or 

services being sold out of the home. There is no increase strain on parking yet. The 

three (3) people that have moved to town do not have cars; two (2) of them have 

bicycles and the other one (1) uses public transportation. As noted here the special use 

permit is to allow five (5) individuals, pay no rent and the owner not living in the home. 

He stated that he intends to rent one (1) of the bedrooms to help pay for the utilities of 

the other four (4) individuals. It has four (4) bedrooms and he is hoping to put one (1) 

bedroom on a website to rent and pay for the other three to allow people to come here 

and start their businesses. He stated that he would classify these as pre-businesses. 

They do not have any profit right now, no employees and are not designated as an LLC. 

It was advised to him that he should pursue the special use permit as they would be 

working on distinct and different business-related activities and that is why there was a 

potential zoning conflict. 

Planning Commissioner Serda stated that he is describing businesses and people 

coming in and asked if he is saying that a business will never be more than one (1) 

person. If they decide that business is good and they decide that they need help, can 

they have another person there helping them; or is this the time that they have 

graduated and cannot continue to be part of this operation. Mr. Barreth stated that he 

understands the limitation; it is the number of unrelated individuals in the house. If the 

business grows, and they need more help and the total number exceeds five (5) people, 

they would have to find another location. He has two (3) people living here and the 

other person is living with a different homeowner on the Missouri side and he has room 

for three (3) more. At some time, he might have to address that issue. Dr. Serda stated 

that the premise initially is that they will be there with free rent and he will try to cover 

that through the rent of one (1) bedroom; is that the model that he sees for the future or 

does he think that he will have to adjust that. Mr. Barreth stated that he is adjusting 

things all the time. He stated that the program is only three (3) months old and they 

only have had the house for about a month. Other homeowners were letting them stay 

rent free. He stated that six (6) or seven (7) homeowners signed up for the program 

and they had about twenty (20) start ups apply but none of the homeowners are getting 

Google fiber for about one (1) year and the start ups moving to town really want that. 

He stated that is why they purchased the house. He is working to keep it free and 

maybe there will be a fiber tourist that wants to stay in the room; he needs to have it 

rented at least ten (10) nights per month. That would at least cover the mortgage. He 

also is trying to work with some organizations to get a grant. 

There were seven (7) persons present in support of this application including the 

following that spoke. Mr. Gilbert A. Pintar, 4178 Cambridge, Kansas City, Kansas, 

66103, President of Hanover Heights, stated that they were fortunate that the Hanover 

Heights fiberhood was established by Google as the first neighborhood to get this 

service. They anticipate some additional land uses in this area because of that key 

item. He was made aware of this proposal through the Kauffman Foundation of 

Entrepreneurs. They support business start-ups and this is a great fit with Google fiber. 

He stated that Hanover Heights has submitted a letter in support of this application and 

it is in the Planning Commission’s packet. He has met with the applicant and a lot of the 

#SP-2012-55 January 10, 2013 9

people in the area are in support of this proposal. He further stated that he knows that 

other letters in support have been submitted. 

Ms. Valerie Wells Fenton, 4130 State Line Road, Kansas City, Kansas, stated that she 

is a next door neighborhood to what they fondly call a Hacker House. She stated that 

this is an extraordinarily narrow piece of property. Their drive is about 6” from her 

house. They have been good neighbors so far. As next door neighbors they have a 

few questions. Does this special use permit continue after all the start-ups are no 

longer a novelty as eventually everyone will have Google fiber? Another question is 

that when this property was a single family residence rental property, they found out a 

year ago that about 40 or 50 years ago their sewer line was attached to their sewer line. 

They have discussed this with BPU, etc. and they understand that it was grandfathered 

in. Technically they have been told that it is not illegal. It is not a pleasant thought to 

think about having to think about having five (5) separate business people next door 

with their sewage coming into her sewer line on her property line. They asked the bank 

holding the property/trust to sever that before the property was sold but that was not 

done. She stated that they have been very good about the noise level. Because they 

have an alley with access from State Line to the alley, she does not believe that the 

cars and parking will be an issue. 

Planning Director Richardson stated that the special use permit would be approved for 

two (2) years and would have to come back for renewal if still necessary. If the sewer 

has been previously approved by the city, no action would be taken for or against that; it 

becomes a private civil matter. 

Mr. Neal Steiner, involved with Kansas City Start Up Village and Homes for Hackers, 

stated that he has been involved with Mr. Barreth in his effort to bring these knowledge 

workers into this neighborhood which is the first Google fiberhood in Kansas City, 

Kansas. He is a businessman and operates his own digital sign business. He also has 

his own plan for a business in an abandoned piece of property at 1913 and 1915 West 

43 rd Street; it will be called Propeller Center and it will be a community hub center that 

will be a start-up village of its own. It will be a place where local, knowledge workers 

can go to get a cup of coffee and there will be vendors in the building that will provide 

the start-ups with what they need such as a video store, pack and ship business, maybe 

an accountant, maybe a law firm, etc. There will be conference rooms and private 

rooms that they can use. He stated that he supports what is going on in this 

neighborhood to help bring more of these knowledgeable workers into the area. 

Ms. Cindy Cash, President of the KCK Chamber of Commerce, 3633 North 87 th Street, 

stated that she is not in a Goggle fiberhood area but she is very excited about the 

fiberhood that is coming to Rosedale and she commends the applicant for what he is 

doing. She has not met him but has heard about his proposal. She is pleased that he 

is looking at this brand new model for the community. Many years ago she was in the 

shopping center industry and had a similar model for growth. Retailers started on a 

push cart in a shopping center that gave them a chance to try out their businesses to 

see if they would work. Once the push cart became successful in some centers there 

were kiosks which were a little bit more permanent but were not a full-line store. She 

stated that she sees this proposal as a brand new model in a new technical field that 

everyone is learning about. She stated that she applauds the next door neighbor, 

#SP-2012-55 January 10, 2013 10

neighborhood association, the Rosedale Development Association as well as Hanover 

Heights as that shows a willingness to work to create a new industry for the community. 

She stated that she would hope that the applicant would continue to work with the 

neighbors, the associations and the Chamber so they can all work to create this new 

industry. 

Mr. Phil Curtis, 1904 West 36 th Avenue, Kansas City, Kansas, stated that he is the 

current Rosedale Neighborhood Association Board Chairman. The neighborhood 

meeting was not well attended for this special use permit but no one spoke against it. 

He stated that the people that they attempted to contact were not in opposition to this 

proposal. He stated that while they are usually pretty enthusiastic about enforcing 

zoning, they believe that this is an endeavor worth giving a try. 


Planning Director Richardson stated that this is an unusual request. It is pre-business 

but at some point it may not be pre-business so it puts the staff in a little bit of a 

dilemma. He stated that Mr. Barreth has noble intentions and it has been demonstrated 

that he is doing a great job. Others may not be so willing to work with neighbors and 

work through the process. The staff believes that this is a model that can be used by 

other people for a hacker house or something like that. The staff recommends 

approval. 

On motion by Dr. Serda, seconded by Mr. Ernst, the Planning Commission voted as 

follows to recommend APPROVAL of Special Use Permit #SP-2012-55 as follows: 

Carson 

Not Present 

Dercher 

Not Present 

Ellison 

Aye 

Ernst 

Aye 

Escobar 

Aye 

Huey 

Aye 



Serda 

Aye 

Walden 

Not Present 

Walker 

Not Present 


Subject to: 


1. Subject to approval, this special use permit is valid for two (2) years. 

2. What are the proposed businesses operating out of the residence? 

Individuals who are technologically inclined, operating start-up businesses 

are mentioned, but could you please clarify? 

Applicant Response: They are startup “pre-businesses”, not businesses at 

this point. They have no income, no employees, no EID, no business 

designation, no physical product, etc. None of them are truly businesses at 

#SP-2012-55 January 10, 2013 11

this point. The whole idea is that I will be bringing new startups into the 

house every 3 months in the hopes that they become true businesses and 

begin to bring jobs to Kansas City. Right now, there are two programmers 

working on www.threed.ee and www.jekylhub.com respectively, but it will 

change on a weekly basis. 

Staff Response: It appears that the “pre-businesses” will be 

technologically natured, whether that is new social networks, web design, 

etc. With regards to an impact on the neighborhood, the actual type of 

start-up is conducted within the residence. There are no noxious chemicals 

or products being produce. The main concern is the number of tenants 

coming and going, should all of them (five in total) have a car. 

3. Will there be any customers at the location. If yes, what are the proposed 

hours of operation? 

Applicant Response: There will be no customers, so there are no hours of 

operation. There are no products or services to be rendered out of the 

home. 

Staff Response: Whether that is from 6:00 AM, to manage with the Eastern 

Standard Time Zone and its east coast markets to 9:00 PM to keep up with 

the Pacific Standard Time Zone and its west coast markets, there must be 

general hours that the tenants will be working on their “pre-businesses”, 

start-up business. 

4. The letter indicates that the tenants will be at the residence for three (3) 

months. Is there an instance where these tenants will be at the residence 

longer than the specified time? 

Applicant Response: Yes, it is very possible that I might want to allow a 

fledging startup to stay there longer, just to help them going. The “3 

months” is a guideline. I hope that in most cases it will in fact only be one 

month because then I can get the startups plugged into the Kansas City 

startup scene quicker and move them on, to allow room for the next startup 

to take residence at the house. 

5. Per Business License: If allowed, each business operation will need to 

individually register and file the occupation tax with this office. I am 

presuming this request is direct result of Google Fiber availability in that 

area. With that thought, it raises a question for this office. 

How will the number of businesses actually operating at this location 

be accounted for? (one person operations could attempt suboccupancy 

to other persons, or allow someone to try and piggyback 

on their business activity ---- we routinely find attempts for this at 

commercial locations) 

Applicant Response: These are not businesses. I do not believe you have a 

designation for these kinds of entities, nor should you in my opinion. My 

#SP-2012-55 January 10, 2013 12

thought is you should wait until they become actual businesses then worry 

about that. I am treating this solely like their renters. As long as there are 

only five of them in the house, I do not care if they are working on the same 

project or different ones. At the point they become true businesses, they 

can apply for a business license and go through that whole process, but 

that is their concern, not mine (correct me if I am wrong here). I am not 

involved in the running of their startup “pre-business” at all, just providing 

them a place for them to get to Kansas City easily, cheaply and quickly. 

6. Is the property owner receiving any financial gain from the renters now or 

in the future? 

Applicant Response: No, I am taking a loss right now (about $600 - 

$800/month), but I do hope to rent one and only one of the bedrooms of the 

house on a website called http://www.airbnb.com and I have contacted the 

City about the process of having it inspected for that purpose. The rent of 

that single room would hopefully cover some of my costs, but it would not 

come from the businesses, but somebody staying there temporarily, 

possibly a “fiber tourist” out of Silicon Valley in San Francisco for example. 

My hope is that I could charge $50/night for fiber tourists to stay in one 

room of the house, get 8 nights a month and at least cover the mortgage 

for the house. 

Staff Response: Based on rental comment, the applicant, Mr. Ben Barreth 

must contact Rental Licensing in order to charge an individual rent or 

nightly fee. 

7. How has parking been addressed? 

Applicant Response: So far none of the tenants have cars. One guy has a 

bicycle. I have been giving them rides everywhere. There is parking in the 

driveway for up to five vehicles (including one spot in the rear of the 

house). Honestly, I highly doubt this will be a problem. Most of the people 

applying for the program have no vehicle. 

Staff Response: Staff has some concerns about the applicant driving 

tenants anywhere and everywhere they want to go, as it appears that the 

tenants have a personal taxi driver. If each tenant has a car, there will be 

enough 

8. How have roommates of the five (5) tenants been addressed? 

Applicant Response: I have given them the expectation that only five 

people can “live” in the house at any time (four permanent, plus one in the 

www.airbnb.com room mentioned in #5 above). If they have a business cofounder 

visit from out of town for a single weekend I have told them that is 

fine, but if it is anything longer than that, I told them I would get into trouble 

with the City and I would have to kick them out. 

#SP-2012-55 January 10, 2013 13

Staff Response: Per Sec. 27-340, Family means one of more persons who 

are related by blood or marriage, including any foster children, a group of 

not more than five persons living together by joint agreement on a 

nonprofit cost sharing basis, or a combination of persons related by blood 

or marriage along with no more than two unrelated adults to a maximum 

number of five persons living together and occupying a single 

housekeeping unit with single kitchen facilities. In addition, up to ten 

persons, including eight or fewer persons with a disability or handicap and 

not exceed two staff residents residing in a swelling shall be considered to 

be a family. Handicapped persons are defined in title VII of the Civil Rights 

Act of 1968, as amended by the Fair Housing Amendments Act of 1988. 

If there are more than five individuals living in the residences, this does not 

constitute the definition of a family. Those individuals will need to find a 

different location to reside, should they choose to stay and begin their 

startup business. 



#SP-2012-55 January 10, 2013 14

#SP-2012-55 January 10, 2013 15

#SP-2012-55 January 10, 2013 16

#SP-2012-55 January 10, 2013 17

#SP-2012-55 January 10, 2013 18

Figure 1. Aerial photograph of 4428 State Line Road (indicated by the green dot). 

#SP-2012-55 January 10, 2013 19

Figure 2. Aerial photograph of 4428 State Line Road (Bing Maps). 

Figure 3. Aerial photograph of 4428 State Line Road (Google Maps). 

#SP-2012-55 January 10, 2013 20

December 4, 2012 

Spring Valley Neighborhood 

43 rd St. to 47 th St. / Rainbow Blvd. to Stateline Rd. 

Rob Richardson 

UG Planning Department 

701 North 7th Street 


Re: 

Special Use Permit SP2012-55 

4428 State Line Road – Ben Barreth 

Dear Mr. Richardson: 

The above home based business-related Special Use Permit will be heard by the UG 

Planning Commission on December 10, 2012. As Secretary of the Spring Valley Neighborhood 

Association, I wish to express our neighborhood’s support for permit approval. 

We believe this request fits well within our community, which has been designated as the first 

“fiberhood” in Kansas City, Kansas to receive Google Fiber. We have met with Mr. Barreth and 

welcome his vision, proposed land use, and investment in our neighborhood. We have also 

communicated with representatives of KC Startup Village and believe their focus on establishing 

a hub for start-ups utilizing technology of the future will complement the 45th and State Line 

area, historically known for Antiquing. 

We are unaware of any issues of concern voiced from within the neighborhood relative to this 

specific permit. We respectfully request approval for this Special Use permit. 

Sincerely, 

Clare Murphy Shaw 

Secretary, SVNA 

#SP-2012-55 January 10, 2013 21

From: Heidi Holliday [mailto:heidi@rosedale.org] 

Sent: Tuesday, December 04, 2012 12:42 PM 

To: Richardson, Rob 

Subject: Letter of support for Ben Barreth 

Dear Rob, 

Please accept this letter in support of Ben Barreth’s SUP from the Rosedale Development 

Association. 

We would like to have it included in the packet, if possible. 

Thanks, 

-- 

Heidi Holliday 

Executive Director 

Rosedale Development Association 

1403 Southwest Blvd. 


913-677-5097 (office) 

913-645-7826 (cell) 

heidi@rosedale.org 

www.healthykidsinitiative.org 

www.rosedale.org 

#SP-2012-55 January 10, 2013 22






To: 

From: 


City Staff 


Re: Petition #SP-2012-57 (120273) 


Applicant: 

Nathaniel Hagedorn 


Owner 

Minnesota Avenue, Inc. 

1000 Minnesota Avenue 


Representative 

Mark Johnson, PE 

901 North 8 th Street, Suite 100 






Purpose: 

To allow grading operations in conjunction with Legends Apartments 

Property Location: 11501 Parallel Parkway 

#SP-2012-57 January 10, 2013 1


A-G Agriculture District 

Existing Surrounding Zoning: North: CP-2 Planned General Business District 

(across Parallel Parkway) 

South: A-G Agriculture District 

East: CP-2 Planned General Business District 

(across North 110 th Street) 

West: A-G Agriculture and R-1 Single Family Districts 


South: 

East: 

West: 

Undeveloped land across Parallel, single family home, liquor 

store and bank 

Undeveloped land 

Retail businesses (NTB, Panda Express and Taco Bueno) 

Undeveloped land and a church 


214.65 acres (31.1 acres disturbed) 

Master Plan Designation: The Prairie Delaware Piper Master Plan designates this 

property as Planned Business Park/Commercial. 

Major Street Plan: The Prairie Delaware Piper Master Plan classifies Parallel Parkway 

and North 110 th Street as Major Arterials. 



2012 




PROPOSAL 

Detailed Outline of Requested Action: The representative, Mark Johnson with BHC 

Rhodes on behalf of Nathaniel Hagedorn with Northpoint Development wants to grade 

the property in conjunction with the recently approved change of zone and master plan 

amendment for Legends Apartments. 




The character of the neighborhood is comprised of large commercial businesses 

along North 110 th Street and Parallel Parkway and undeveloped land to the south 

and west of the property in question. 

#SP-2012-57 January 10, 2013 2



The zoning and their uses are set out above. The proposed use is not 

necessarily compatible, but is necessary to reduce the grade on the property. 



The removal of the restrictions should not detrimentally affect nearby property if 

the grading plan, and erosion control plans and overlay zone landscaping 

requirements are properly followed. 


The length of time the property has been vacant is unknown. 


Special use permits are not addressed in the Master Plan. 




The proposed use will not result in an increase in the amount of vehicular traffic 

to the point where it exceeds the capacity of the street network to accommodate 

it. 




The proposed special use permit is not reasonably necessary for the 

convenience and welfare of the public. If landscaping is not planted that meets 

the overlay zone requirements, the end result of the grading will injure the visual 

quality and potential marketability of adjoining property. 




The noise and dust normally associated with this use should not cause problems 

for near-by property if the approved hours of operation and prevention measures 

are adhered to. 

#SP-2012-57 January 10, 2013 3


If proper measures are taken for erosion control, the proposed use will not pollute 

the water. 


resource. 

The special use permit for dirt fill will not destroy an irreplaceable natural 

resource. 



The relative gain to the public health, safety, and welfare as compared to the 

hardship imposed on the individual landowner is minimal. 



The proposed use will not result in overcrowding of land or cause undue 

concentrations of population. 


This site is for off-site dirt removal for Legends Apartments, which is proposed to be 

built directly south of 110 th and Parallel Parkway. 




KEY ISSUES 

Overlay zone landscape requirements 





1. Legends Apartments development still needs to have their final plan review 

and final plat approved. 

#SP-2012-57 January 10, 2013 4

Applicant Response: Understood. The final development plan was 

submitted on November 30, 2012. 

2. How much dirt fill will be brought onto this site in preparation for the 

Legends Apartment project? 

Applicant Response: No dirt fill will be brought into or removed from the 

project site. 

3. What is the truck route to this site if dirt is brought in or removed? 

Applicant Response: No dirt fill will be brought in or removed from the site. 

4. Please submit a landscape plan around the detention basin that complies 

with the overlay zone. 

Applicant Response: The temporary sediment basin at the north end of the 

site will be removed upon the completion of construction activities and will 

be returned to farmland. The temporary sediment/detention basin in the 

south will be reconstructed as development occurs south of Delaware 

Parkway. This basin will be planted with native vegetation until it is 

reconstructed in its final location. 

Staff Response: A landscape plan has not been submitted. Therefore, the 

applicant’s response cannot be confirmed without the requested 

document. 

5. Staff is not in support of a massive detention basin on such a significant 

portion of Parallel frontage or at the corner of 110 th and State Avenue. 

Applicant Response: The temporary sediment basins are located in their 

current location based upon engineering need. Their location is dictated by 

existing topography, current drainage paths, the location of existing 

culverts and the ability to resume farming operations. The temporary 

sediment/detention basin near 110 th Street and State Avenue will be 

reshaped and reconstructed as development occurs south of Delaware 

Parkway. 

Staff Response: Staff’s stance remains the same. We are not in support of 

such a basin and its size along Parallel Parkway or at the corner of 110 th 

Street and State Avenue. 

#SP-2012-57 January 10, 2013 5




1) Construction drawings shall be reviewed and approved prior to Land 

Disturbance Permit acquisition. 


1) None 



1) None 








ATTACHMENTS 




Site Assessment Plan 

Grading Plan 

Pre Construction Erosion Control Plan 

Interim Construction Erosion Control Plan 

Post Construction Erosion Control Plan 







MOTIONS 



#SP-2012-57 January 10, 2013 6




OR 

1._________________________________________________________; 

2. _____________________________________________________; And 

3. ________________________________________________________. 






120273 SPECIAL USE PERMIT APPLICATION #SP-2012-57 – NATHANIEL 

HAGEDORN WITH NORTHPOINT DEVELOPMENT – SYNOPSIS: Special Use 

Permit for dirt removal at 11501 Parallel Parkway 


this case: 







6. The Notice in the Wyandotte Echo dated November 15, 2012; and 




Mr. Brent Miles, 815 North 5 th Street, Kansas City, Kansas, Vice President of 

Northpoint, appeared in support of this application. He stated that Mr. Pomerenke, 

project manager, is also present; Mr. Hagedorn could not be present this evening. He 

stated that they were before the Commission in October. They have been before the 

Commission not only for Planning Commission purposes but also the development 

agreement. The special use permit tonight is for dirt removal. He stated that they are 

excited to get started. 


#SP-2012-57 January 10, 2013 7

Planning Director Richardson stated that one of the items in the staff report was the 

landscape plan; it was provided to the Commission this evening and is acceptable. The 

staff recommends approval subject to the stipulations outlined in the staff opinion. 


follows to recommend APPROVAL of Special Use Permit #SP-2012-57: 

Carson 

Not Present 

Dercher 

Not Present 

Ellison 

Aye 

Ernst 

Aye 

Escobar 

Aye 

Huey 

Aye 



Serda 

Aye 

Walden 

Not Present 

Walker 

Aye 


Subject to: 


1. Legends Apartments development still needs to have their final plan review 

and final plat approved. 

Applicant Response: Understood. The final development plan was 

submitted on November 30, 2012. 

2. How much dirt fill will be brought onto this site in preparation for the 

Legends Apartment project? 

Applicant Response: No dirt fill will be brought into or removed from the 

project site. 

3. What is the truck route to this site if dirt is brought in or removed? 

Applicant Response: No dirt fill will be brought in or removed from the site. 

4. Please submit a landscape plan around the detention basin that complies 

with the overlay zone. 

Applicant Response: The temporary sediment basin at the north end of the 

site will be removed upon the completion of construction activities and will 

be returned to farmland. The temporary sediment/detention basin in the 

south will be reconstructed as development occurs south of Delaware 

Parkway. This basin will be planted with native vegetation until it is 

reconstructed in its final location. 

#SP-2012-57 January 10, 2013 8

Staff Response: A landscape plan has not been submitted. Therefore, the 

applicant’s response cannot be confirmed without the requested 

document. 

5. Staff is not in support of a massive detention basin on such a significant 

portion of Parallel frontage or at the corner of 110 th and State Avenue. 

Applicant Response: The temporary sediment basins are located in their 

current location based upon engineering need. Their location is dictated by 

existing topography, current drainage paths, the location of existing 

culverts and the ability to resume farming operations. The temporary 

sediment/detention basin near 110 th Street and State Avenue will be 

reshaped and reconstructed as development occurs south of Delaware 

Parkway. 

Staff Response: Staff’s stance remains the same. We are not in support of 

such a basin and its size along Parallel Parkway or at the corner of 110 th 

Street and State Avenue. 




1) Construction drawings shall be reviewed and approved prior to Land 

Disturbance Permit acquisition. 


1) None 



1) None 

#SP-2012-57 January 10, 2013 9

#SP-2012-57 January 10, 2013 10

#SP-2012-57 January 10, 2013 11

#SP-2012-57 January 10, 2013 12

#SP-2012-57 January 10, 2013 13

#SP-2012-57 January 10, 2013 14

#SP-2012-57 January 10, 2013 15

#SP-2012-57 January 10, 2013 16






To: 

From: 


City Staff 


Re: Vacation Petition #A-2012-12 (120331) 


Applicant: 

Darrel Walker 


Owner 

717 South 11 th Street 



Approve alley vacation 



Purpose: 

To close off the alley to prevent 

criminal activity from occurring 




R-2(B) Two Family District 

#A-2012-12 January 10, 2013 1

Existing Surrounding Zoning: North: R-2(B) Two Family District 

South: R-2(B) Two Family District 

East: R-2(B) Two Family District 

West: R-2(B) Two Family District 


South: 

East: 

West: 


Single family homes (across Hasbrook Avenue) 


Single family homes (across 11 th Street) 

Neighborhood Characteristics: The neighborhood is comprised of single family 

homes. The neighborhood is established with a few vacant lots between 10 th and 12 th 

Streets along Hasbrook Avenue. 


.038 acre 

Master Plan Designation: The Armourdale Master Plan designates this property as 

Residential. 

Major Street Plan: The City-Wide Master Plan classifies 11 th Street and Hasbrook 

Avenue as local roads. 

Advertisement: Wyandotte Echo – November 15, 2012 

Letters to Property Owners – November 14, 2012 and December 

21, 2012 




PROPOSAL 

Outline of Requested Action: The applicant, Darrel Walker wants to vacate the alley 

behind his house, in conjunction with their neighbor, Terry and Vicky Ross, in order to 

prevent criminal activity from occurring behind their homes. 

City Ordinance Requirements: Article XXI Sections 27-502 – 27-709 


1. Development of such character that it can be used safely without 

danger to health, or peril from fire, flood, erosion, excessive noise or 

other adversity. 

The vacation of the alley can be used safely without danger to health, 

flood, erosion, excessive noise or other adversity. 

#A-2012-12 January 10, 2013 2

2. The extent to which utilities and public services are available and 

adequate to serve the proposed use. 


Available 


Available 


d. Police 

e. Fire 

Designed to meet City Code 

Police service provided by the South Patrol, District #333 

Fire service provided by Station #3, located at 5 th Street and 

Kansas Avenue. 

f. Transit 

Kansas City ATA provides transit service near this property, at the 

intersection of 11 th Street and Osage Avenue, Route #104. 

g. Schools 

Kansas City, Kansas USD 500 

3. Streets are designed so as to provide a safe, convenient and functional 

system for vehicular traffic, and having such width, gradient, location 

and structural quality as to accommodate prospective traffic as 

determined by existing and probable future land and building uses. 

Streets are already designed so as to provide a safe, convenient and 

functional system for vehicular traffic, and having such width, gradient, 

location and structural quality as to accommodate prospective traffic as 

determined by existing and probable future land and building uses. 

4. Assurance that buildings, lots, blocks, parcels and streets are so 

arranged as to afford adequate light, open space or air, to facilitate fire 

protection, and to provide for long-term sustained real estate values. 

Buildings and lots are so arranged as to afford adequate light, open space or 

air, and to provide for long-term sustained real estate values. Through this 

#A-2012-12 January 10, 2013 3

alley vacation, there remains access though the alley from the north and 

east. 

5. Development patterns are designed with due regard to topography, so 

that the natural features of the land and vegetation shall be protected 

and enhanced. 

Not applicable. 

6. Adequate sites are provided for schools, parks, playgrounds, and 

other community services so that residents of all neighborhoods shall 

have convenient access to such facilities. 

Not applicable. 

7. Vacation will not create utility conflicts. 

KEY ISSUES 

None 

The proposed alley vacation should not create utility conflicts; however the 

City will retain any easements should there be any. 


The Planning Commission voted 7 to 0 to recommend APPROVAL of Alley Vacation 

Application #A-2012-12, subject to: 


1. Are you proposing closing off the alley by a fence or some other barrier? 

Applicant Response: The closure of the alley will be by gate, for access if 

every needed. 

Staff Response: Both neighbors who abut the vacated alley shall have the 

same access through the gate. 

2. The City will retain any utility easements within the alley. 

3. The applicant has expressed his desire to close off the alley to curb crime, 

loitering, and graffiti and improve their quality of life. 



#A-2012-12 January 10, 2013 4

Staff does not have any issues with the vacation of the alley, provided that the 

City retains any utility easements within the alley. 



STAFF RECOMMENDATIONS 



APPROVAL of Vacation Petition #A-2012-12 subject to all comments and suggestions 

outlined in this staff report. 

ATTACHMENTS 


Applicant application submittal letter 

Applicant response letter 

Aerial photograph 




Vacation Approval 



MOTIONS 

I move the Unified Government Board of Commissioners APPROVE Petition #A-2012- 

12, as meeting all the requirements of the City code and being in the interest of the 



the following additional requirements 

OR 

1._________________________________________________________; 

2. _____________________________________________________; And 

3. ________________________________________________________. 

#A-2012-12 January 10, 2013 5

I move the Unified Government Board of Commissioners DENY Petition #A-2012-12, as 

they are not in compliance with the City Ordinances and as it will not promote the public 




120331 ALLEY VACATION APPLICATION #A-2012-12 – DARREL A. WALKER – 

SYNOPSIS: Vacation of an alley at 711 South 11 th Street 


this case: 







6. The Notice in the Wyandotte Echo dated November 15, 2012; 




Mr. Darrel Walker, applicant, 717 South 11 th Street, Kansas City, Kansas, 66105, 

appeared in support of this application. He stated that he is requesting that this 

application be approved for vacating the alley at the rear of his home in conjunction with 

his neighbors, Terry and Vicki Ross. The alley has been a problem for quite awhile. It 

is a through trafficway all night long for undesirable action. In the last 60 days the Ross 

family has had a car pulled out from their fence from a drunken driver at a high speed. 

The neighbor at the end of the alley Monday morning had his front bumper and 

headlight on his car torn off from a high speed chase through the alley. They have had 

numerous graffiti on the back of their property. About three (3) years age his son Sam 

was standing on the sidewalk and his wife had just taken him into the yard and a high 

speed chase took place through the alley. A Bronco came down the sidewalk and if his 

wife had not taken Sam into the yard he probably would have been killed. The next two 

(2) streets over have some pretty rough houses and this alley is used for everyone 

except the neighbors. There are three (3) other entries to the alley for a total of four (4) 

entries. They would like to vacate the last 115’ of the alley and that would be done by 

gates at each end in case of any utility workers needing access to it. The alley houses 

serviced off that alley is his house (utility pole and sewer line). This is a health and 

safety issue. His family has lived on the street since 1937 and he bought his home 

when he was 19 and has lived there 30 years. The Ross family has been there for 30 

years. At one time there were five (5) households living on the street and everyone is 

gone (except his family) because of problems like he mentioned. He would like to 

remain and he thinks that the vacation of the alley will improve the quality of life for his 

family and for the Ross family. This alley really is not necessary. 

#A-2012-12 January 10, 2013 6

Planning Commissioner Escobar asked if he said that he will fence off the alley. Mr. 

Walker stated that it will have gates at each end of the alley and if there is a need for 

BPU to get in for the power lines (which is only his house), they will have access to the 

alley. He stated that was in the plan that he submitted to the staff. The only services at 

that end of the alley are BPU to him. 


Planning Director Richardson stated that the staff recommends approval. 

On motion by Dr. Serda, seconded by Mrs. Walker, the Planning Commission voted as 

follows to recommend APPROVAL of Alley Vacation Application #A-2012-12: 

Carson 

Not Present 

Dercher 

Not Present 

Ellison 

Aye 

Ernst 

Aye 

Escobar 

Aye 

Huey 

Aye 



Serda 

Aye 

Walden 

Not Present 

Walker 

Aye 


Subject to: 


1. Are you proposing closing off the alley by a fence or some other barrier? 

Applicant Response: The closure of the alley will be by gate, for access if 

every needed. 

Staff Response: Both neighbors who abut the vacated alley shall have the 

same access through the gate. 

2. The City will retain any utility easements within the alley. 

3. The applicant has expressed his desire to close off the alley to curb crime, 

loitering, and graffiti and improve their quality of life. 



Staff does not have any issues with the vacation of the alley, provided that the 

City retains any utility easements within the alley. 

#A-2012-12 January 10, 2013 7

#A-2012-12 January 10, 2013 8

#A-2012-12 January 10, 2013 9

Figure 1. Aerial photograph of proposed alley vacation (hatched area is the proposed application). 

#A-2012-12 January 10, 2013 10






To: 

From: 


City Staff 


Re: Petition #PR-2012-18 (120334) 


Applicant: 

Jeff Kauerz 



Matt Murphy with Treanor Architects 

1501 West 6 th Street 

Lawrence, KS 66044 


Approve Preliminary and Final Plan 

Review 


June 29, 2012 

Purpose: 

To build a new AutoZone retail store 


1804 – 1816 Central Avenue 


C-3 Commercial and R-2(B) Two Family Districts 

#PR-2012-18 January 10, 2013 1

Surrounding Zoning: North: R-2 Two Family District 

South: C-3 Commercial District 




South: 

East: 

West: 


Commercial businesses (across Central Avenue and Park 

Drive) 

Commercial businesses (across North 18 th Street) 

Single family homes (across North 19 th Street) 


1.09 acres 

Master Plan Designation: 

as Community Commercial. 

The City-Wide Master Plan designates this property 

Major Street Plan: The City-Wide Master Plan classifies North 18 th Street and Central 

Avenue as Class C Thoroughfares. 

Advertisement: 

Property Owner Letters – July 18, 2012, August 3, 2012, August 

29, 2012, September 28, 2012, November 7, 2012, and December 

21, 2012 

Wyandotte Echo – July 19, 2012 


Public Opposition: Staff received a letter from David W. Queen on August 7, 2012. He 

expressed concern about existing traffic problems on 19 th Street, cut-through traffic on 

the property and potential installation of auto parts by customers in the parking lot. No 

one appeared in opposition at the December 10, 2012 City Planning Commission 

meeting. 

PROPOSAL 

Detailed Outline of Requested Action: The applicant, Jeff Kauerz with AutoZone, Inc. 

wants to demolish the existing buildings at 1804 – 1816 Central Avenue and build a new 

7,372 square foot AutoZone retail store on 1.09 acres. 

City Ordinance Requirements: Article VIII Sections 27-340 – 27-765 


1. Neighborhood character. 

The character of the neighborhood is comprised of single family homes to the 

north and west of the proposed use. There are numerous commercial storefronts 

along Central Avenue that extend north and south along North 18 th Street. 

#PR-2012-18 January 10, 2013 2




The proposed use will increase traffic and parking demand on the 

site than is what is currently on the property. Please review Public 

Works comment Item C1. 


The proposed use conforms to the City-Wide Master Plan. 




Available 


Available 


To be designed to meet City Code. 

d. Police 

Police service is provided by the East Patrol, District #114 

e. Fire 

Fire service is provided by Station #9 located at 11 th and Central Avenue 

f. Transit 

Kansas City ATA provides transit service along 18 th Street and Central 

Avenue, Route #102. 

g. Schools 

Kansas City USD 500 

5. The capability of the proposed use to meet applicable ordinance and other 

requirements. 

The proposed is capable of meeting applicable ordinance and other requirements 

providing that the development meets the City-Wide Master Plan, Commercial 

#PR-2012-18 January 10, 2013 3

Design Guidelines and seeks the necessary variances from the Board of Zoning 

Appeals. 


None 


The applicant held a neighborhood meeting on August 1, 2012. According to the 

applicant, no one at the meeting appeared in opposition. 

KEY ISSUES 

Building orientation 

Building setbacks 

Landscaping 


The Planning Commission voted 7 to 0 to recommend APPROVAL of Plan Review 

Application #PR-2012-18, subject to: 


1. This proposed development is the first redevelopment project along the 

18 th Street and Central Avenue corridor. The 18 th Street and Central Avenue 

intersection is highly visible and is a major focal point in the area. Staff 

cannot express the importance in how the building placement and 

orientation is vital to the appearance throughout the Central Avenue 

corridor. The commercial buildings along Central Avenue are at the 

property line, having a zero foot setback. Pedestrians access these 

storefronts on Central Avenue or North 18 th Street. Additionally, parking, if 

any is in located behind the building, in the rear of the property. The 

following are excerpts from the Commercial Design Guidelines: 

Sec. 27-575(f)(3) Buildings should be oriented primarily to the street. 

Applicant Response: Provided. The building is placed along and with 

the orientation of Central Avenue. 

Sec. 27-575(f)4) Retail shops at street level should have direct access 

to and from the sidewalk. 

Applicant Response: Provided. 

Sec. 27-575(f)(5) Entrances should be easily identifiable as primary 

points of access to buildings. 

#PR-2012-18 January 10, 2013 4

Applicant Response: Provided. Signage and variation in the building 

parapet denote entry points. 

Sec. 27-575(f)(6) Corner buildings at gateways or prominent 

intersections shall be designed to emphasize the gateway or 

intersection location. This may include major architectural 

expression in the face root form and/or massing, such as: 

a. Larger bulk; 

b. Tower forms; 

c. Peaked roofs; and/or 

d. Over-sized windows. 

If the parking lot on the corner of North 18 th Street and Central Avenue 

cannot be acquired, the building must be shifted further east as close 

intersection as possible. This includes the building and sidewalk. Staff 

would support a zero foot setback along Central Avenue and a larger 

reduction towards North 18 th Street. This placement will match the existing 

commercial buildings that are on Central Avenue and North 18 th Street. 

Applicant Response: As discussed with City Staff, the Lot 10 at the 

northwest corner of 18 th and Central Avenue is not being acquired as part 

of this project; therefore, cannot be included in the consideration nor 

review of this application. The proposed setback as shown is to 

accommodate landscaping material, as requested by City Staff, as well as 

to allow for the connection of underground utilities along Central Avenue. 

With respect to 18 th Street, the revised site plan places the parking along 

the east as close to the east property boundary as possible due to the 

grade separation between the two lots. Per follow-up discussion on Friday, 

27, July 2012, staff acknowledged these issues, as noted. 

The front of the building needs to be orientated towards Central Avenue 

instead of the rear as it is currently positioned. It is imperative that there is 

pedestrian access to the store on Central Avenue without having to walk 

around to enter the building. Furthermore, the south, east and west façades 

lack some of the architectural elements that are shown on the north façade. 

Per the Commercial Design Guidelines: 

Sec. 27-576(c)(1) Commercial development should take into account 

the architectural design of all building elevations, 360 degrees. 

Quality designed should be expressed on all elevations of a 

building. 

Sec. 27-576(c)(2) In order to break up the monotonous appearance of 

long façades, a building wall no more than 45 feet in length should 

be divided into increments of no more than 45 feet through 

articulation of the façade. The can be achieved through 

combinations of at least three of the following techniques: 

a. Divisions or breaks in materials; 

b. Building offsets (projections, recesses, niches); 

c. Window bays; 

#PR-2012-18 January 10, 2013 5

d. Separate entrances and entry treatment; or 

e. Variance in rooflines. 

Applicant Response: Pedestrian access is provided along the east façade, 

via the connection sidewalk to Central Avenue. To reinforce this 

connection, an entry door has been added to the east façade which relates 

to the change in parapet material and signage at the northeast corner of the 

building. This entry will provide better way-finding for pedestrian access to 

the site. 

As to the requirements 27-576(c)(1-2) noted above, the elevations 

submitted include 360 degree architectural elements, as required. Per 

discussions with City Staff, the following revisions are included on the 

attached sheets: 

South elevation: downspouts have been removed and internalized 

South elevation: additional windows (spandrel glass) have been 

added 

East elevation: additional entry doors 

2. The applicant has applied for and obtained variances for building and 

parking setbacks. 

a. Parking is within six feet of the property line and ten feet from the 

street right-of-way line. 

b. Building is within the 25 foot front yard setback. 

c. Building is within the 25 foot side yard corner setback. 

Applicant Response: As per the pre-submittal meeting with City Staff, staff 

acknowledged it would support the required variances, as the Commercial 

Design Guidelines present conflicts with the current zoning regulations. 

Regarding item c, per the revised site plan submitted, this setback is no 

longer in conflict. 

Staff Response: The variances needed for setback is from the zoning 

district requirements, not the Commercial Design Guidelines. 

3. Per the Commercial Design Guidelines, Sec. 27-577(a)(5) Landscaping shall 

exceed the typical code requirements by at least 75 percent. There are six 

(6) trees proposed to be planted per the C-3 Commercial District standards. 

Please add five (5) more trees to meet this requirement. 

Applicant Response: Additional trees have been added, as requested, as 

well as planting to screen the parking lot along the east façade, as 

discussed on Friday, 27, July 2012. 

4. The proposed shade trees shall be a minimum of 3” caliper. The 

ornamental trees shall be at least 2½” caliper. The shrubs shall be at least 5 

gallons when planted. 

Applicant Response: Acknowledged. 

#PR-2012-18 January 10, 2013 6

5. All landscaping shall be irrigated. 


6. Sec. 27-699(b)(7) When a parking lot serves other than single-family or twofamily 

dwellings and is adjacent to or across an alley from property zoned 

for single-family or two-family use, such parking lot shall be provided with 

an architectural screen at least four feet in height above the paving surface. 

Buffer plantings or landscape screening may be substituted if protection 

from headlights is not determined to be necessary. Where more stringent 

requirements exist, they shall apply. 

a. The row in front of the of head-in parking spaces, abutting the 

unimproved, vacant residential lot needs to be landscaped. This can 

be accomplished by providing a 100 percent sight-obscuring yearround 

buffer using plant material or a combination of fence, berm 

and plant material. 

Applicant Response: Acknowledged. Both landscaping and an earthen 

berm were included on the submitted landscape plan; however, the revised 

plan removes this parking. 

7. Parking lot lighting shall have 90 degree cutoffs. 

a. Sec. 27-699(b)(9) Any lighting used to illuminate an off-street parking 

area, sign or other structure shall be arranged as to deflect light 

away from any adjoining residentially zoned property or from public 

streets. Direct or sky-reflected glare, from floodlights or commercial 

operations, shall not be directed into any adjoining property. The 

source of lights shall be hooded or controlled. Bare incandescent 

light bulbs shall not be permitted in view of adjacent property or 

public right-of-way. Any light or combination of lights that cast light 

on adjacent residentially zoned property shall not exceed one foot 

candle as measured from said property line. 

Applicant Response: Acknowledged. All fixtures submitted provide full cut 

off. Please refer to the photometric plan and lighting cut-sheets. 

8. Sec. 27-699(b)(5) All outside bins or trash container areas must be 

completely enclosed by an architectural screen to a height not less than 

the height of the bin or container. No trash enclosures may be located in 

the required yard or adjacent to street right-of-way. Please provide color 

elevations of the wall and trash enclosure. They were not included in the 

initial submittal. 

a. The rear of the enclosure and wall must be plushy landscaped to 

soften the appearance along Central Avenue. 

Applicant Response: The dumpster enclosure materials will match the 

building materials, as discussed. Due to the adjacent grades along Central 

Avenue, the enclosure will serve as a partial retaining wall, including the 

connection screening wall that ties to the building (approximately 2.0’). 

#PR-2012-18 January 10, 2013 7

Therefore the screen walls will be less obtrusive and have been screened 

by additional plantings, as requested. 

9. All roof mounted units must be screened by the parapet of the building. 

Applicant Response: Acknowledged. As shown on the elevations, all RTUs 

are fully screened by the building’s parapets. 

10. All utility connections must be screened with landscaping or an 

architecturally designed screen wall. All utilities mounted on the wall must 

be painted to match the building. 

Applicant Response: Acknowledged. All utility connects are along the west 

wall, near the southwest corner and are blocked by the screen wall to the 

dumpster enclosure and will be planted to match the building material. 

11. Since this building has high visibility from every angle, scupper and 

downspouts can become an eyesore. All scuppers should be designed so 

that they are reasonably screened and all downspouts shall be internalized. 

Applicant Response: Acknowledged. As noted above, the downspouts 

have been shifted to internal and as previously shown, the suppers have 

been blended into the façade. 

12. No pole/pylon signs are to be used and that any detached sign uses a 

masonry base that is complimentary to the building. 

Applicant Response: Acknowledged. The proposed detached signage is a 

monument sign with base material matching the building elevations. 

13. Window graphics must be scenic pictures only. No text, special ads, or 

painted messages are allowed. 


14. Banners are not allowed to be hung from the building or on any structure 

on the site. Attention attracting devices such as streamers, pennants, 

inflatables, and wind catchers are prohibited. The applicant is still eligible 

to use these devices for special events on a temporary basis by applying 

for a temporary sign permit. 


15. All chain link fences shall be plastic coated. 

Applicant Response: Acknowledged. The small section of new fencing has 

been noted as such. 

#PR-2012-18 January 10, 2013 8

16. Sec. 27-575(d)(14) Sidewalks that are within reasonable proximity to an 

identified trail system should connect to that system and accommodate the 

uses anticipated on the trail (e.g., pedestrian, bicycle). 





1) Construction drawings shall be reviewed and approved prior to UG final 

approval and construction permit acquisition. 


2) “Demolition Plans” shall be submitted for UG review and approval. Site 

disturbed is greater than 1 acre. Land Disturbance & Erosion Control Plans 

shall be required for review and approval prior to acquisition of 

“Demolition Permit”. 

Applicant Response: Acknowledged. A demolition plan will be provided, as 

all structures and existing pavement on-site will be removed. 

3) Proposed sanitary service to new building, new manhole, etc. is not 

acceptable. Existing sanitary main shown on drawings is inaccurate. 

(Existing sanitary main runs thru site.) Review UG Sanitary Sewer 

drawings and revise design, layout, etc. as may be required. 

Applicant Response: The sanitary sewer service line and existing main 

mapping has been updated, as per discussions with City Staff and 

mapping. The project surveyor has also been contacted to update the site 

survey accordingly. 

4) Review and verify that actual sanitary sewer main location does not affect 

the proposed “Demolition Plan” as well as new building layout. 

Applicant Response: Sanitary sewer main that transverses the site does 

not affect the proposed layout nor site demolition. 

5) Proposed entrance drive on west side does not meet UG Guidelines for 

commercial driveway entrances, as well as its location from the 

intersection to the south. (Guidelines will require the entrance to move to 

the north as required.) 

Applicant Response: Per the attached revised site plan, this driveway 

connection has been shifted to the north, as requested. 

#PR-2012-18 January 10, 2013 9

6) Provide details of proposed monument sign (dimensions, height, etc.). 

Provide “Site Triangles” proving sign location does not interfere with 

vehicular traffic attempting turn from North 19 th Street. 

Applicant Response: Per the Unified Government site triangle 

requirements, the proposed sign does not fall within the site triangle at the 

northeast corner of 19 th and Central Avenue. The sightline has been shown 

for reference. 

7) Submitted Plans call-out “Existing retaining wall to remain”. Please note 

that this statement is incorrect and requires additional site investigation 

and design revisions. Further observation will show that only the northern 

25-30’ of existing wall is an actual retaining wall. The southern portion of 

existing wall is not really a retaining wall, but actually is/was the shared 

wall between the existing building to be demolished, and the old “Drug 

Store” building that once stood on the corner. This existing stone wall 

cannot be used as a future retaining wall. Revise design as required. 

Applicant Response: As per follow-up discussions with City Staff, the 

existing stone wall is not intended to remain and will be removed with the 

building demolition. Only the cast-in placed concrete wall, located further 

north along the east property line, will remain, as noted. 


1) None 




1) Northbound left turns from 18th into east drive may cause severe backups 

on 18th and central. Public works is reviewing and will provide more 

comment next week. Applicants engineer needs to analyze and propose 

mitigation. 

Applicant Response: Acknowledged and noted. Note that the driveway 

location corresponds to the existing driveway that currently serves the site. 

UPDATE: December 10, 2012: 

The applicant has worked diligently with staff to incorporate and ultimately 

achieve the principles and design criteria within the City-Wide Master Plan and 

Commercial Design Guidelines to develop a quality development by modifying 

the site plan, site engineering and building orientation. Staff believes that this will 

be a substantial improvement than what is currently on the property. 

The addition of the front door on Central Avenue achieves one of the goals set 

forth in the City-Wide Master Plan. The building orientation has been modified to 

#PR-2012-18 January 10, 2013 10

integrate pedestrians on Central Avenue, but also customers who will drive into 

the site. 

Staff supports this petition as it is being presented. 






APPROVAL of Petition #PR-2012-18 subject to all comments and suggestions outlined 


ATTACHMENTS 


Applicant Response Letter (Updated) 



Letter from Property Owner within 200’ of Proposed Site 

Site Plan 

Grading & Utility Plan 

Landscape Plan 

Photometric Plan 

Building Elevations 




Preliminary and Approval 

Final Plan 


Byron Toy 

MOTIONS 

I move the Unified Government Board of Commissioners APPROVE Petition #PR-2012- 





1._________________________________________________________; 

#PR-2012-18 January 10, 2013 11

2. _____________________________________________________; And 

3. ________________________________________________________. 

OR 

I move the Unified Government Board of Commissioners DENY Petition #PR-2012-18, 





120334 PLAN REVIEW APPLICATION #PR-2012-18 – JEFF KAUERZ WITH 

AUTOZONE, INC. - SYNOPSIS: Preliminary and Final Plan Review Application for an 

AutoZone retail facility at 1816 Central Avenue 


this case: 







6. The Notices to property owners dated July 18, August 3, August 29, and 

September 28, 2012. 



Mr. Matt Murphy, Treanor Architects, representing the applicant, appeared in support of 

this application. He stated that as noted in the staff report they are looking to redevelop 

these lots from a vacant grocery store and adjacent building into a new AutoZone. 

They have worked with the staff on numerous plans and they are all in agreement. 

Chairman Hurrelbrink asked if all the traffic issues with the entrances have been 

resolved. Mr. Murphy stated that is his understanding. Planning Director Richardson 

stated yes. 


Planning Director Richardson stated that he would like to thank Mr. Murphy and 

AutoZone for working diligently with staff and CABA to get a design that fronts the street 

and has a door on the street and works with the Master Plan. It has been an effort on 

everyone’s part and he believes that they have a great plan and the Commission will be 

very proud to see the building when it is done. The staff recommends approval. 

#PR-2012-18 January 10, 2013 12

On motion by Ms. Huey, seconded by Mrs. Walker, the Planning Commission voted as 

follows to recommend APPROVAL of Plan Review Application #PR-2012-18: 

Carson 

Not Present 

Dercher 

Not Present 

Ellison 

Aye 

Ernst 

Aye 

Escobar 

Aye 

Huey 

Aye 



Serda 

Aye 

Walden 

Not Present 

Walker 

Aye 


Subject to: 


1. This proposed development is the first redevelopment project along the 

18 th Street and Central Avenue corridor. The 18 th Street and Central Avenue 

intersection is highly visible and is a major focal point in the area. Staff 

cannot express the importance in how the building placement and 

orientation is vital to the appearance throughout the Central Avenue 

corridor. The commercial buildings along Central Avenue are at the 

property line, having a zero foot setback. Pedestrians access these 

storefronts on Central Avenue or North 18 th Street. Additionally, parking, if 

any is in located behind the building, in the rear of the property. The 

following are excerpts from the Commercial Design Guidelines: 

Sec. 27-575(f)(3) Buildings should be oriented primarily to the street. 

Applicant Response: Provided. The building is placed along and with 

the orientation of Central Avenue. 

Sec. 27-575(f)4) Retail shops at street level should have direct access 

to and from the sidewalk. 

Applicant Response: Provided. 

Sec. 27-575(f)(5) Entrances should be easily identifiable as primary 

points of access to buildings. 

Applicant Response: Provided. Signage and variation in the building 

parapet denote entry points. 

Sec. 27-575(f)(6) Corner buildings at gateways or prominent 

intersections shall be designed to emphasize the gateway or 

intersection location. This may include major architectural 

expression in the face root form and/or massing, such as: 


#PR-2012-18 January 10, 2013 13

. Tower forms; 


d. Over-sized windows. 

If the parking lot on the corner of North 18 th Street and Central Avenue 

cannot be acquired, the building must be shifted further east as close 

intersection as possible. This includes the building and sidewalk. Staff 

would support a zero foot setback along Central Avenue and a larger 

reduction towards North 18 th Street. This placement will match the existing 

commercial buildings that are on Central Avenue and North 18 th Street. 

Applicant Response: As discussed with City Staff, the Lot 10 at the 

northwest corner of 18 th and Central Avenue is not being acquired as part 

of this project; therefore, cannot be included in the consideration nor 

review of this application. The proposed setback as shown is to 

accommodate landscaping material, as requested by City Staff, as well as 

to allow for the connection of underground utilities along Central Avenue. 

With respect to 18 th Street, the revised site plan places the parking along 

the east as close to the east property boundary as possible due to the 

grade separation between the two lots. Per follow-up discussion on Friday, 

27, July 2012, staff acknowledged these issues, as noted. 

The front of the building needs to be orientated towards Central Avenue 

instead of the rear as it is currently positioned. It is imperative that there is 

pedestrian access to the store on Central Avenue without having to walk 

around to enter the building. Furthermore, the south, east and west façades 

lack some of the architectural elements that are shown on the north façade. 

Per the Commercial Design Guidelines: 

Sec. 27-576(c)(1) Commercial development should take into account 

the architectural design of all building elevations, 360 degrees. 

Quality designed should be expressed on all elevations of a 

building. 

Sec. 27-576(c)(2) In order to break up the monotonous appearance of 

long façades, a building wall no more than 45 feet in length should 

be divided into increments of no more than 45 feet through 

articulation of the façade. The can be achieved through 

combinations of at least three of the following techniques: 

a. Divisions or breaks in materials; 

b. Building offsets (projections, recesses, niches); 

c. Window bays; 

d. Separate entrances and entry treatment; or 

e. Variance in rooflines. 

Applicant Response: Pedestrian access is provided along the east façade, 

via the connection sidewalk to Central Avenue. To reinforce this 

connection, an entry door has been added to the east façade which relates 

to the change in parapet material and signage at the northeast corner of the 

building. This entry will provide better way-finding for pedestrian access to 

the site. 

#PR-2012-18 January 10, 2013 14

As to the requirements 27-576(c)(1-2) noted above, the elevations 

submitted include 360 degree architectural elements, as required. Per 

discussions with City Staff, the following revisions are included on the 

attached sheets: 

South elevation: downspouts have been removed and internalized 

South elevation: additional windows (spandrel glass) have been 

added 

East elevation: additional entry doors 

2. The applicant has applied for and obtained variances for building and 

parking setbacks. 

a. Parking is within six feet of the property line and ten feet from the 

street right-of-way line. 

b. Building is within the 25 foot front yard setback. 

c. Building is within the 25 foot side yard corner setback. 

Applicant Response: As per the pre-submittal meeting with City Staff, staff 

acknowledged it would support the required variances, as the Commercial 

Design Guidelines present conflicts with the current zoning regulations. 

Regarding item c, per the revised site plan submitted, this setback is no 

longer in conflict. 

Staff Response: The variances needed for setback is from the zoning 

district requirements, not the Commercial Design Guidelines. 

3. Per the Commercial Design Guidelines, Sec. 27-577(a)(5) Landscaping shall 

exceed the typical code requirements by at least 75 percent. There are six 

(6) trees proposed to be planted per the C-3 Commercial District standards. 

Please add five (5) more trees to meet this requirement. 

Applicant Response: Additional trees have been added, as requested, as 

well as planting to screen the parking lot along the east façade, as 

discussed on Friday, 27, July 2012. 

4. The proposed shade trees shall be a minimum of 3” caliper. The 

ornamental trees shall be at least 2½” caliper. The shrubs shall be at least 5 

gallons when planted. 


5. All landscaping shall be irrigated. 


6. Sec. 27-699(b)(7) When a parking lot serves other than single-family or twofamily 

dwellings and is adjacent to or across an alley from property zoned 

for single-family or two-family use, such parking lot shall be provided with 

an architectural screen at least four feet in height above the paving surface. 

#PR-2012-18 January 10, 2013 15

Buffer plantings or landscape screening may be substituted if protection 

from headlights is not determined to be necessary. Where more stringent 

requirements exist, they shall apply. 

a. The row in front of the of head-in parking spaces, abutting the 

unimproved, vacant residential lot needs to be landscaped. This can 

be accomplished by providing a 100 percent sight-obscuring yearround 

buffer using plant material or a combination of fence, berm 

and plant material. 

Applicant Response: Acknowledged. Both landscaping and an earthen 

berm were included on the submitted landscape plan; however, the revised 

plan removes this parking. 

7. Parking lot lighting shall have 90 degree cutoffs. 

a. Sec. 27-699(b)(9) Any lighting used to illuminate an off-street parking 

area, sign or other structure shall be arranged as to deflect light 

away from any adjoining residentially zoned property or from public 

streets. Direct or sky-reflected glare, from floodlights or commercial 

operations, shall not be directed into any adjoining property. The 

source of lights shall be hooded or controlled. Bare incandescent 

light bulbs shall not be permitted in view of adjacent property or 

public right-of-way. Any light or combination of lights that cast light 

on adjacent residentially zoned property shall not exceed one foot 

candle as measured from said property line. 

Applicant Response: Acknowledged. All fixtures submitted provide full cut 

off. Please refer to the photometric plan and lighting cut-sheets. 

8. Sec. 27-699(b)(5) All outside bins or trash container areas must be 

completely enclosed by an architectural screen to a height not less than 

the height of the bin or container. No trash enclosures may be located in 

the required yard or adjacent to street right-of-way. Please provide color 

elevations of the wall and trash enclosure. They were not included in the 

initial submittal. 

a. The rear of the enclosure and wall must be plushy landscaped to 

soften the appearance along Central Avenue. 

Applicant Response: The dumpster enclosure materials will match the 

building materials, as discussed. Due to the adjacent grades along Central 

Avenue, the enclosure will serve as a partial retaining wall, including the 

connection screening wall that ties to the building (approximately 2.0’). 

Therefore the screen walls will be less obtrusive and have been screened 

by additional plantings, as requested. 

9. All roof mounted units must be screened by the parapet of the building. 

Applicant Response: Acknowledged. As shown on the elevations, all RTUs 

are fully screened by the building’s parapets. 

#PR-2012-18 January 10, 2013 16

10. All utility connections must be screened with landscaping or an 

architecturally designed screen wall. All utilities mounted on the wall must 

be painted to match the building. 

Applicant Response: Acknowledged. All utility connects are along the west 

wall, near the southwest corner and are blocked by the screen wall to the 

dumpster enclosure and will be planted to match the building material. 

11. Since this building has high visibility from every angle, scupper and 

downspouts can become an eyesore. All scuppers should be designed so 

that they are reasonably screened and all downspouts shall be internalized. 

Applicant Response: Acknowledged. As noted above, the downspouts 

have been shifted to internal and as previously shown, the suppers have 

been blended into the façade. 

12. No pole/pylon signs are to be used and that any detached sign uses a 

masonry base that is complimentary to the building. 

Applicant Response: Acknowledged. The proposed detached signage is a 

monument sign with base material matching the building elevations. 

13. Window graphics must be scenic pictures only. No text, special ads, or 

painted messages are allowed. 


14. Banners are not allowed to be hung from the building or on any structure 

on the site. Attention attracting devices such as streamers, pennants, 

inflatables, and wind catchers are prohibited. The applicant is still eligible 

to use these devices for special events on a temporary basis by applying 

for a temporary sign permit. 


15. All chain link fences shall be plastic coated. 

Applicant Response: Acknowledged. The small section of new fencing has 

been noted as such. 

16. Sec. 27-575(d)(14) Sidewalks that are within reasonable proximity to an 

identified trail system should connect to that system and accommodate the 

uses anticipated on the trail (e.g., pedestrian, bicycle). 


#PR-2012-18 January 10, 2013 17




1) Construction drawings shall be reviewed and approved prior to UG final 

approval and construction permit acquisition. 


2) “Demolition Plans” shall be submitted for UG review and approval. Site 

disturbed is greater than 1 acre. Land Disturbance & Erosion Control Plans 

shall be required for review and approval prior to acquisition of 

“Demolition Permit”. 

Applicant Response: Acknowledged. A demolition plan will be provided, as 

all structures and existing pavement on-site will be removed. 

3) Proposed sanitary service to new building, new manhole, etc. is not 

acceptable. Existing sanitary main shown on drawings is inaccurate. 

(Existing sanitary main runs thru site.) Review UG Sanitary Sewer 

drawings and revise design, layout, etc. as may be required. 

Applicant Response: The sanitary sewer service line and existing main 

mapping has been updated, as per discussions with City Staff and 

mapping. The project surveyor has also been contacted to update the site 

survey accordingly. 

4) Review and verify that actual sanitary sewer main location does not affect 

the proposed “Demolition Plan” as well as new building layout. 

Applicant Response: Sanitary sewer main that transverses the site does 

not affect the proposed layout nor site demolition. 

5) Proposed entrance drive on west side does not meet UG Guidelines for 

commercial driveway entrances, as well as its location from the 

intersection to the south. (Guidelines will require the entrance to move to 

the north as required.) 

Applicant Response: Per the attached revised site plan, this driveway 

connection has been shifted to the north, as requested. 

6) Provide details of proposed monument sign (dimensions, height, etc.). 

Provide “Site Triangles” proving sign location does not interfere with 

vehicular traffic attempting turn from North 19 th Street. 

Applicant Response: Per the Unified Government site triangle 

requirements, the proposed sign does not fall within the site triangle at the 

northeast corner of 19 th and Central Avenue. The sightline has been shown 

for reference. 

#PR-2012-18 January 10, 2013 18

7) Submitted Plans call-out “Existing retaining wall to remain”. Please note 

that this statement is incorrect and requires additional site investigation 

and design revisions. Further observation will show that only the northern 

25-30’ of existing wall is an actual retaining wall. The southern portion of 

existing wall is not really a retaining wall, but actually is/was the shared 

wall between the existing building to be demolished, and the old “Drug 

Store” building that once stood on the corner. This existing stone wall 

cannot be used as a future retaining wall. Revise design as required. 

Applicant Response: As per follow-up discussions with City Staff, the 

existing stone wall is not intended to remain and will be removed with the 

building demolition. Only the cast-in placed concrete wall, located further 

north along the east property line, will remain, as noted. 


1) None 




1) Northbound left turns from 18th into east drive may cause severe backups 

on 18th and central. Public works is reviewing and will provide more 

comment next week. Applicants engineer needs to analyze and propose 

mitigation. 

Applicant Response: Acknowledged and noted. Note that the driveway 

location corresponds to the existing driveway that currently serves the site. 

UPDATE: December 10, 2012: 

The applicant has worked diligently with staff to incorporate and ultimately 

achieve the principles and design criteria within the City-Wide Master Plan and 

Commercial Design Guidelines to develop a quality development by modifying 

the site plan, site engineering and building orientation. Staff believes that this will 

be a substantial improvement than what is currently on the property. 

The addition of the front door on Central Avenue achieves one of the goals set 

forth in the City-Wide Master Plan. The building orientation has been modified to 

integrate pedestrians on Central Avenue, but also customers who will drive into 

the site. 

Staff supports this petition as it is being presented. 

#PR-2012-18 January 10, 2013 19

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To: 

From: 


City Staff 


Re: Petition #PR-2012-25 (120336) 


Applicant: 

Rich Millmann 



Civil Engineering Design Consultants, Inc. 

Mike Vorwerk 

11402 Gravois Road, Suite 100 

St. Louis, MO 63126 


Approve Preliminary and Final Plan 

Review 



Purpose: 

To build one (1) open-air canopy 




MP-3 Planned Heavy Industrial District 

#PR-2012-25 January 10, 2013 1

Surrounding Zoning: North: R-1 Single Family District (across Kaw Drive) 

South: MP-3 Planned Heavy Industrial District 

East: R-1 Single Family District 

West: M-3 Heavy Industrial District 


South: 

East: 

West: 

Single family homes (across Kaw Drive) 

Storage facility and service garage 

Vacant land 

Browning Ferris Industries 


20.7 acres 

Master Plan Designation: 

as Employment. 

The City-Wide Master Plan designates this property 

Major Street Plan: The City-Wide Master Plan classifies Kaw Drive as a Class A 

Thoroughfare and South 88 th Street as a Class C Thoroughfare. 

Advertisement: Property Owner Letters – November 14, 2012 

Wyandotte Echo – November 15, 2012 and December 21, 2012 


Public Opposition: No one appeared in opposition at the December 10, 2012 

City Planning Commission meeting. 

PROPOSAL 

Detailed Outline of Requested Action: The applicant, Rich Millmann wants to build an 

open-air canopy to store building materials, specifically lumber as a part of the on-site 

warehouse located at 2103 South 88 th Street. The proposed canopy will be constructed 

over the existing asphalt pavement. 

City Ordinance Requirements: Article VIII Sections 27-340 – 27-765 


1. Neighborhood character. 

The character of the neighborhood is comprised of industrial businesses and 

residential homes immediately north of the property, across Kaw Drive. 




The proposed use will not increase the traffic or parking demand in ways that will 

adversely affect road capacity, safety, or create parking problems. 

#PR-2012-25 January 10, 2013 2


The proposed use conforms to the Master Plan. 




Available 


Available 


Designed to meet City Code 

d. Police 

Police service is provided by the South Patrol, District #221 

e. Fire 

Fire service is provided by Station #20 located at 78 th Street and Kansas 

Avenue 

f. Transit 

Kansas City ATA does not provide transit service near this property. 

g. Schools 

Turner USD 202 

5. The capability of the proposed use to meet applicable ordinance and other 

requirements. 

The proposed use is capable of meeting applicable ordinance and other 

requirements. 


This property was previously approved for canopy additions in 2008 and 2010. 

#PR-2012-25 January 10, 2013 3




KEY ISSUES 

Floodplain 


The Planning Commission voted 7 to 0 to recommend APPROVAL of Plan Review 

Application #PR-2012-25, subject to: 


1. How much lumber will be stored under the canopy? 

Applicant Response: The amount of lumber to be stored under the 

proposed canopy is estimated to be 484 bundles. A bundle is 4’ W x 3’ H x 

16’ L. 

2. Please provide color rendering of the proposed canopy. 

Staff Response: The applicant provided a photograph of a building which is 

similar in size, shape and color; however the canopy will have the two 

sides open. 

3. Proposed structure location was not included in the LOMA for 2103 South 

88th. 

4. Proposed structure is open on two sides and roofed; south portion of 

structure sits below the base flood elevation: 

a. Proposed structure shall remain open on two sides. 

b. Include the FIRM panel number and effective date on the site plan. 

c. Include the base flood elevation on the site plan 

d. Include the proposed finish floor elevation. 

e. Any proposed utilities, scales, etc. below the base flood elevation 

shall be certified as wet proofed or elevated to the base flood 

elevation in addition to the 18” freeboard requirements. 

f. Site shall comply with the Floodplain Management Ordinance and 

storage of material section 27-552 (a)5. 

g. Certificate of elevation shall be provided once the footing and pad is 

installed and prior to rough-in inspections. Certification of wet 

proofing and final certificate of elevation shall be provided prior to 

the request of a certificate of elevation. 

h. Comply with all floodplain regulations. 

#PR-2012-25 January 10, 2013 4

Staff Response: The applicant revised the site plan to include the 

information requested in comments 4a – 4d. Comments 4e – 4h will be 

addressed during the building permit review in DRC and subsequent 

occupancy inspections. 




1) Construction drawings shall be reviewed and approved prior to building 

permit acquisition. 


1) None 



1) None 






APPROVAL of Petition #PR-2012-25 subject to all comments and suggestions outlined 


ATTACHMENTS 



Site Plan 

Frame Elevations 

Building Photograph 




Preliminary and Approval 

Final Plan 


Byron Toy 

#PR-2012-25 January 10, 2013 5

MOTIONS 

I move the Unified Government Board of Commissioners APPROVE Petition #PR-2012- 





OR 

1._________________________________________________________; 

2. _____________________________________________________; And 

3. ________________________________________________________. 

I move the Unified Government Board of Commissioners DENY Petition #PR-2012-25, 





120336 PLAN REVIEW APPLICATION #PR-2012-25 – RICH MILLMAN WITH 

FOREST PRODUCTS SUPPLY COMPANY - SYNOPSIS: Preliminary and Final Plan 

Review Application to construct one (1) open-air canopy at 2103 South 88 th Street 


this case: 










Mr. Mark Drone, General Manager for Forrest Parts Supply/employed by Rich Millmann, 

7706 Noland Road, Lenexa, Kansas, representing the applicant, appeared in support of 

this application. He stated that they would like to build a metal industrial building; it is a 

storage canopy that will store the building materials on the southwest corner of the 

property. There will not be any utilities; it will only be for storage for building materials. 

He stated that they employ thirty (30) people at the facility. 

#PR-2012-25 January 10, 2013 6

Chairman Hurrelbrink asked if it will be freestanding. Mr. Drone stated it will be a 

freestanding structure with steel columns. This is a 20 acre piece of property and most 

of the property is hard surface. Where the building will be located is already asphalt. 

There is drainage so the building is going to go on the asphalt. He stated that this 

structure will be on the southwest corner. The main building is angled. The other 

buildings are steel column with wood truss. This structure will be more of a square 

structure. It is 80’ by 180’. Planning Director Richardson stated that there are pictures 

in the staff report. 


Planning Director Richardson stated that the staff recommends approval subject to the 

stipulations in the staff report. 


follows to recommend APPROVAL of Plan Review Application #PR-2012-25: 

Carson 

Not Present 

Dercher 

Not Present 

Ellison 

Aye 

Ernst 

Aye 

Escobar 

Aye 

Huey 

Aye 



Serda 

Aye 

Walden 

Not Present 

Walker 

Aye 


Subject to: 


1. How much lumber will be stored under the canopy? 

Applicant Response: The amount of lumber to be stored under the 

proposed canopy is estimated to be 484 bundles. A bundle is 4’ W x 3’ H x 

16’ L. 

2. Please provide color rendering of the proposed canopy. 

Staff Response: The applicant provided a photograph of a building which is 

similar in size, shape and color; however the canopy will have the two 

sides open. 

3. Proposed structure location was not included in the LOMA for 2103 South 

88th. 

4. Proposed structure is open on two sides and roofed; south portion of 

structure sits below the base flood elevation: 

a. Proposed structure shall remain open on two sides. 

#PR-2012-25 January 10, 2013 7

. Include the FIRM panel number and effective date on the site plan. 

c. Include the base flood elevation on the site plan 

d. Include the proposed finish floor elevation. 

e. Any proposed utilities, scales, etc. below the base flood elevation 

shall be certified as wet proofed or elevated to the base flood 

elevation in addition to the 18” freeboard requirements. 

f. Site shall comply with the Floodplain Management Ordinance and 

storage of material section 27-552 (a)5. 

g. Certificate of elevation shall be provided once the footing and pad is 

installed and prior to rough-in inspections. Certification of wet 

proofing and final certificate of elevation shall be provided prior to 

the request of a certificate of elevation. 

h. Comply with all floodplain regulations. 

Staff Response: The applicant revised the site plan to include the 

information requested in comments 4a – 4d. Comments 4e – 4h will be 

addressed during the building permit review in DRC and subsequent 

occupancy inspections. 




1) Construction drawings shall be reviewed and approved prior to building 

permit acquisition. 


1) None 



1) None 

#PR-2012-25 January 10, 2013 8

#PR-2012-25 January 10, 2013 9

#PR-2012-25 January 10, 2013 10

#PR-2012-25 January 10, 2013 11

#PR-2012-25 January 10, 2013 12

Figure 1. Photograph of building, which will be similar in size, color and shape as proposed canopy. Canopy 

will be open on two sides (provided by the engineer). 

#PR-2012-25 January 10, 2013 13






To: 

From: 


City Staff 


Re: 

Proposed Code Amendment concerning the Narrow Lot 

Design Guideline; generally to allow the use of the Narrow Lot 

Design Guideline in all residential zoning districts (110010) 


Staff have had request over the years to modify the zoning code to allow for the Narrow 

Lot Design Guidelines to be used in all residential districts. On February 28, 2008 the 

Board of Commissioners approved Narrow Lot Design Guidelines in an effort to 

encourage single family redevelopment in the older parts of our city. 

PROPOSAL 

Staff is proposing to amend Section 27-454(d)(3)b. and c. The changes are as follows: 

Sec. 27-454(d)(3)b. and c 

b. Lot area: Not less than 7,150 square feet per dwelling unit; provided, however, this 

provision shall not prohibit the use of any lot for the erection of a residence west of 

I-635, if such lot contains less than 7,150 square feet and was owned as a 

separate lot on May 20, 1969, and is not and has not been a part of a larger 

ownership since that date. Residences east of I-635 shall be in accordance with 

The Narrow Lot Design Guidelines incorporated herein by reference dated 

February 18, 2008. 

c. The Narrow Lot Design Guidelines dated February 18, 2008, are modified as 

follows: 

January 10, 2013 1

1. A residence built on a narrow lot may match elevations of adjacent 

residences within that street without a raised porch, except as may be 

required by the building code. 

2. If the residence is constructed utilizing state or federal tax credits and the 

regulations relating to those tax credits have requirements for ADA 

accessibility, exceptions to the raised front entry requirements of the 

Narrow Lot Design Guidelines may be granted by the director of planning. 

3. The raised front entry height is reduced from 30 inches to 14 inches. 

4. If the narrow lot has a rise from front to rear of more than seven feet, the 

lot is eligible for a front loaded garage. 

5. Alley and garage standards. 

a. If the narrow lot is on an unimproved or severely deteriorated alley, 

exceptions may be granted by the director of planning to the alley 

entrance requirements. 

b. Garages in the rear yard shall be located to allow a sufficient 

turning radius to enter and exit the garage from the alley. 

Existing garage placement requirements should be utilized as 

guidelines. 

6. Siding standards. 

a. Any siding with a 50-year warranty will be allowed. This specifically 

replaces the cement board siding requirement. 


The Planning Commission voted 7 to 0 to recommend APPROVAL of this ordinance 

amendment. 






Vacation Approval 

STAFF CONTACT: J. Bradley Munford Jbmunford@wycokck.org 

January 10, 2013 2

MOTIONS 

I move the Unified Government Board of Commissioners APPROVE this ordinance 

amendment as meeting all the requirements of the City code and being in the interest of 

the public health, safety and welfare subject to such modifications as are necessary to 



OR 

1._________________________________________________________; 

2. _____________________________________________________; And 

3. ________________________________________________________. 

I move the Unified Government Board of Commissioners DENY this ordinance 

amendment as they are not in compliance with the City Ordinances and as it will not 

promote the public health, safety and welfare of the City of Kansas City, Kansas; and 

other such reasons that have been mentioned. 


110010 ORDINANCE AMENDMENT - SYNOPSIS: Certain amendment to Chapter 27, 

Planning and Development of the Kansas City, Kansas Code of Ordinances, generally 

to allow the use of the Narrow Lot Design Guidelines in all residential zoning district 

Planning Director Richardson appeared in support of this ordinance amendment. He 

stated that the Narrow Lot Design Guidelines have generally been well accepted and 

have been used around the city. The staff has found a few items that are issues; that is 

the reason for this ordinance amendment. The staff has worked with City Vision 

Ministries (CVM), Community Housing of Wyandotte County (CHWC) and Argentine 

Neighborhood Association (ANDA) in coming up with alternatives for the issues that 

they had that made it difficult for them to use the standards. The houses are great; 

there is good architecture. He further stated that the staff does not want to make it so 

difficult that they cannot use the guidelines. A type of siding was specified and there 

are lots of people that make 50 year siding, etc. 

No one appeared in opposition to this ordinance amendment. 

On motion by Dr. Serda, seconded by Ms. Huey, the Planning Commission voted as 

follows to recommend APPROVAL of this Ordinance Amendment: 

Carson 

Not Present 

Dercher 

Not Present 

Ellison 

Aye 

Ernst 

Aye 

Escobar 

Aye 

Huey 

Aye 

January 10, 2013 3



Serda 

Aye 

Walden 

Not Present 

Walker 

Aye 


January 10, 2013 4

120272 

(First published_________________________) #3037 

ORDINANCE NO._________________ 

AN ORDINANCE rezoning property hereinafter described, located at 

approximately 4505 Metropolitan Avenue in Kansas City, Kansas, by changing 

the same from its present zoning of A-G Agriculture District to CP-1 Planned 

Limited Business District. 

NOW THEREFORE, BE IT ORDAINED BY THE GOVERNING BODY OF 

THE UNIFIED GOVERNMENT OF WYANDOTTE COUNTY/KANSAS CITY, 

KANSAS, AS FOLLOWS: 

Section 1. It is hereby found and determined that a petition was filed on 

May 25, 2012, by the owners of property to have the zoning of said property 

changed from its present zoning of A-G Agriculture District to CP-1 Planned 

Limited Business District. 

It is likewise found and determined that the Planning Commission 

published notice, mailed notices, held public hearing(s), prepared 

recommendations and followed the procedures provided by law. 

Section 2. In compliance with recommendations of the Planning 

Commission, it is hereby ordained that the zoning of the following described 

property: 

Beginning at a point 55.00 feet South of the Northwest corner of the Northeast 

1/4 of the Northwest 1/4 of Section 30, Township 11 South, Range 25 East in 

Kansas City, Wyandotte County, Kansas; thence South 275.53 feet along the 

West line of the said 1/4 1/4 Section; thence South 89 degrees 45 minutes 40 

seconds East 224.96 feet, to the Highway right of way; thence North 6 degrees 

06 minutes 24 seconds East 82.25 feet; thence North 193.71 feet to the South 

line of Metropolitan; thence North 89 degrees 45 minutes 40 seconds West 

233.71 feet along the South line to the point of beginning, located at 

approximately 4505 Metropolitan Avenue, Kansas City, Kansas, 

be changed from its present zoning of A-G Agriculture District to CP-1 Planned 

Limited Business District as defined by the Zoning Ordinances of Kansas City, 

Kansas. 

Section 3. Pursuant to the Code of City Ordinances, Section 27-464, the 

Governing Body approves the preliminary development plans, incorporated 

herein by reference, marked as the certified preliminary development plan, and 

1

maintained in the Urban Planning and Land Use Department as submitted to the 

Governing Body and received by the Unified Clerk. 

Section 4. The Urban Planning and Land Use Department of Kansas City, 

Kansas, is hereby ordered and directed to cause such designation to be made on 

the official District Map of said City in its custody and to show the property herein 

described to be now zoned for CP-1 Planned Limited Business District. Said 

District Map, previously incorporated by reference by Section 27-408 of the Code 

of Ordinances of Kansas City, Kansas, is hereby reincorporated as part of the 

Zoning Ordinance as amended. 

Section 5. This ordinance shall be in full force and effect from and after its 

passage, approval and publication in the Wyandotte Echo. 

PASSED BY THE GOVERNING BODY OF THE UNIFIED GOVERNMENT OF 

WYANDOTTE COUNTY/KANSAS CITY, KANSAS THIS_________ 

DAY OF_________________, 2013. 

UNIFIED GOVERNMENT OF 

WYANDOTTE COUNTY/KANSAS CITY, 

KANSAS 

BY:____________________________________ 

JOE REARDON 

MAYOR/CHIEF EXECUTIVE OFFICER 

ATTEST: 

_____________________________ 

UNIFIED GOVERNMENT CLERK 

2

Staff Request for 

Commission Action 

Tracking No. 130011 

gfedc Revised 

110234 On Going 

gfedcb 

Type: Standard 

Committee: Full Commission 

Date of Standing Committee Action: 

(If none, please 

explain): 

Proposed for the following Full Commission Meeting Date: 

Confirmed Date: 1/10/2013 

1/10/2013 

gfedc Changes Recommended By Standing Committee (New Action Form required with signatures) 

Date: Contact Name: Contact Phone: Contact Email: Ref: Department / Division: 

1/4/2013 John Menkhus 

573-5700 smitchell@wycokck.org 

Public Works 

Item Description: 

Project Name: BNSF Railroad Bridge 4.4 Relocation, 2500 S. Mill Street and Mill Street over 

Turkey Creek Replacement Projects - CMIP #5005 

As a part of the BNSF Railroad Bridge 4.4 Relocation, 2500 S. Mill Street and Mill Street over Turkey 

Creek Replacement Projects - CMIP #5005, the Commission adopted Resolution No. R-58-11, declaring 

the project to be necessary, valid public improvement project and authorizing a survey to identify and 

describe the property to be acquired. The Ordinance directs the Chief Counsel to commence legal 

proceedings to acquire the property described in the survey and necessary for this project. 

Action Requested: 

To pass Ordinance. 

gfedcb 

Publication Required 

Budget Impact: (if applicable) 

Amount: $ 

Source: 

gfedc Included In Budget 

gfedc Other (explain) 

File Attachment File Attachment File Attachment

First Published: ______________ 

ORDINANCE NO. __________________ 

AN ORDINANCE condemning land for sanitary sewer improvements generally along S. 

Ferree Street in Kansas City, Kansas and acquiring easements for such purposes, and directing the 

Chief Counsel to institute eminent domain proceedings as provided by law to acquire the tracts 

and parcels of land described in this ordinance. 

BE IT ORDAINED BY THE BOARD OF COMMISSIONERS OF THE UNIFIED 

GOVERNMENT OF WYANDOTTE COUNTY/KANSAS CITY, KANSAS: 

1. The following described land is hereby condemned and appropriated to the Unified 

Government of Wyandotte County/Kansas City, Kansas to-wit: 

SEE EXHIBIT “A” ATTACHED 

2. It is hereby found that the costs of this project will be paid by the Unified Government 

of Wyandotte County/Kansas City, Kansas. 

3. The Chief Counsel of the Unified Government of Wyandotte County/Kansas City, 

Kansas is hereby ordered and directed forthwith to commence proceedings for the 

acquisition of the above described property and to do and perform all things which 

might be necessary and required by law to acquire the aforementioned rights in and to 

said property. 

4. This ordinance shall take effect and be in force after its passage, approval and 

publication. 

PASSED BY THE BOARD OF COMMISSIONERS OF THE UNIFIED GOVERNMENT 

OF WYANDOTTE COUNTY/KANSAS CITY, KANSAS THIS _____DAY OF 

_______________, 2013. 

ATTEST: 

________________________________ 

Unified Government Clerk 

__________________________________ 

Honorable Joe Reardon 

Mayor/CEO 

Wyandotte County/Kansas City, Kansas 

Approved as to Form: 

________________________________ 

Kenneth J. Moore, Deputy Chief Counsel 

1

EXHIBIT “A” 

Tract No. 5: 

Fee Owner: 

Buddha Holdings, LLC 

3940 S. Ferree St. 

Kansas City, Kansas 66103 

Interests to be Acquired: 

Temporary Construction Easement: 

A tract of land in Block 29 of Sheidley’s Resurvey of Rosedale Land Company’s First 

Addition, in the City of Kansas City, Wyandotte County, Kansas, said tract being more 

particularly described as follows: 

Beginning at the Northwest corner of Lot 7, Block 29 Sheidley's Resurvey of Rosedale Land 

Company's First Addition; Thence North 87°44’55” East, along the South line of Vacated Marty 

Avenue, a distance of 156.62 feet; Thence South 02°11’42” East, departing said South line, a 

distance of 10.00 feet; Thence South 87°44’55” West, parallel to said South line of said Vacated 

Marty Avenue, a distance of 141.69 feet; Thence South 01°49’51” East, parallel to the West line 

of said Lot 7, a distance of 150.12 feet; Thence South 88°10’09” West, a distance of 15.00 feet to 

a point on the West line of said Lot 7; Thence North 01°49’51” West, along the West line of said 

Lot 7, a distance of 160.01 feet to the Point of Beginning of the tract herein described, containing 

3,818 square feet, more or less. 

Error of Closure: 1:93,153 

Subject to all easements and restrictions of record. 

Tract No.6: 

Fee Owner: 

DS Waters of America, Inc. 

5660 New Northside Drive, Suite 500 

Atlanta, Georgia 30328 


Permanent Sanitary Sewer Easement: 




Beginning at the Northwest corner of Lot 7, Block 29, Sheidley's Resurvey of Rosedale Land 

Company's First Addition; Thence North 01°49’51” West, along the projected West line of 

said Lot 7, a distance of 20.00 feet; Thence North 87°44’55” East, parallel to the North line of 

Lots 1 thru 7, Block 29, Sheidley's Resurvey of Rosedale Land Company's First Addition, a 

distance of 291.87 feet to the projected West line of the East Half of Lot 27, Block 26, 

Sheidley’s Resurvey of Rosedale Land Company’s First Addition; Thence South 02°11’42” 

East along said projected West line, a distance of 14.11 feet to a point on the Northerley Right 

2

of Way of BNSF Railroad; Thence Southwesterly along said Northerly Right of Way along a 

curve to the left with a radius of 3,987.53 feet, an initial tangent bearing South 51°18’17” 

West, for a length of 9.90 feet; Thence departing said Northerly Right of Way, South 

87°44’55” West, parallel to said North line of Lots 1 thru 7, a distance of 284.05 feet to the 

Point of Beginning of the tract herein described, containing 5,815 square feet, more or less. 

Error of Closure 1:154,983 


Temporary construction Easement (1): 




Commencing at the Northwest corner of Lot 7, Block 29, Sheidley's Resurvey of Rosedale 

Land Company's First Addition; Thence North 01°49’51” West, along the projected West line 

of said Lot 7, a distance of 20.00 feet to the Point of Beginning; Thence continuing along said 

projected West line, North 01°49’51” West, a distance of 5.00 feet; Thence North 87°44’55” 

East, parallel to the North line of Lots 1 thru 7, Block 29, Sheidley's Resurvey of Rosedale 

Land Company's First Addition, a distance of 291.84 feet to the projected West line of the East 

Half of Lot 27, Block 26, Sheidley’s Resurvey of Rosedale Land Company’s First Addition; 

Thence South 02°11’42” East along said projected West line, a distance of 5.00 feet; Thence 

South 87°44’55” West, parallel to said North line of Lots 1 thru 7, a distance of 291.87 feet to 

the POINT OF BEGINNING of the tract herein described, containing 1,459 square feet, more 

or less. 



Temporary construction Easement (2): 

A tract of land being a part of Lot 1 and part of Vacated Railroad Street, all in Block 29 of 

Sheidley’s Resurvey of Rosedale Land Company’s First Addition, in the City of Kansas 

City, Wyandotte County, Kansas, said tract being more particularly described as follows: 

Commencing at the Northwest corner of Lot 7, Block 29, Sheidley's Resurvey of Rosedale 

Land Company's First Addition; Thence North 87°44’55” East, along the North line of Lots 1 

thru 7, Block 29, Sheidley's Resurvey of Rosedale Land Company's First Addition, a distance 

of 156.62 feet to the Point of Beginning; Thence North 87°44’55” East, continuing along said 

North line, a distance of 127.43 feet to a point on the Northerly Right of Way of BNSF 

Railroad; Thence Southwesterly along said Northerly Right of Way along a curve to the left 

with a radius of 3,987.53 feet, an initial tangent bearing South 51°09’45” West, for a length of 

161.28 feet; Thence departing said Northerly Right of Way, North 02°11’42” West, a distance 

of 98.72 feet to the POINT OF BEGINNING of the tract herein described, containing 6,202 

square feet, more or less. 



3




gfedc Revised 

110299 On Going 

gfedcb 



Date of Standing Committee Action: 


explain): 



1/10/2013 



1/4/2013 John Menkhus 

573-5700 smitchell@wycokck.org 

Public Works 


Project Name: 55th Street Bridges over Nearman Creek CMIP 2134 

As a part of the 55th Street Bridges over Nearman Creek CMIP 2134, the Commission adopted Resolution 

No. R-85-11, declaring the project to be necessary, valid public improvement project and authorizing a 

survey to identify and describe the property to be acquired. The Ordinance directs the Chief counsel to 

commence legal proceedings to acquire the property described in the survey and necessary for this project. 


To pass Ordinance. 

gfedcb 



Amount: $ 

Source: 



File Attachment File Attachment File Attachment

First Published: ______________ 

ORDINANCE NO. __________________ 

AN ORDINANCE condemning land for bridge improvements generally along 55 th Street in 

Kansas City, Kansas and acquiring easements for such purposes, and directing the Chief Counsel 

to institute eminent domain proceedings as provided by law to acquire the tracts and parcels of 

land described in this ordinance. 

BE IT ORDAINED BY THE BOARD OF COMMISSIONERS OF THE UNIFIED 


1. The following described land is hereby condemned and appropriated to the Unified 

Government of Wyandotte County/Kansas City, Kansas to-wit: 

SEE EXHIBIT “A” ATTACHED 

2. It is hereby found that the costs of this project will be paid by the Kansas Department of 

Transportation and the Unified Government of Wyandotte County/Kansas City, Kansas. 

3. The Chief Counsel of the Unified Government of Wyandotte County/Kansas City, 

Kansas is hereby ordered and directed forthwith to commence proceedings for the 

acquisition of the above described property and to do and perform all things which 

might be necessary and required by law to acquire the aforementioned rights in and to 

said property. 

4. This ordinance shall take effect and be in force after its passage, approval and 

publication. 

PASSED BY THE BOARD OF COMMISSIONERS OF THE UNIFIED GOVERNMENT 

OF WYANDOTTE COUNTY/KANSAS CITY, KANSAS THIS _____DAY OF 

_______________, 2013. 

ATTEST: 

________________________________ 


__________________________________ 

Honorable Joe Reardon 

Mayor/CEO 


Approved as to Form: 

________________________________ 

Kenneth J. Moore, Deputy Chief Counsel 

1

EXHIBIT “A” 

Tract No. 2: 

Thomas and Angela Joyce 

4030 55 th Street, 



Fee Simple Interest In: 

A tract of land being part of the Southeast Quarter Section 23 Township 10 South Range 24 East 

of the Sixth Principal Meridian in Kansas City, Wyandotte County, Kansas, more particularly 

described as follows: 

(Note: The system in the following description is based on Grid North, Kansas State Plane 

Coordinate System NAD 83.) 

Commencing at the South Quarter corner of Section 23 Township 10 South Range 24 East being 

monumented by a found ¾ inch pipe. Thence North 01° 25’ 18” West on the West line of the 

Southeast Quarter of said Section 23, a distance of 1,160.00 feet to the South line of a certain 

tract of land conveyed by Quit Claim Deed, recorded in Book 4605 at Page 858; Thence North 

88° 58’ 53” East on the South line of said tract a distance of 698.94 feet to the “true point of 

beginning”; Thence South 43° 56’ 52” East, a distance of 40.29 feet to a point on the Westerly 

right of way of 55 th Street as now established; Thence South 46° 03’ 08” West on said Westerly 

right of way of 55 th Street, a distance of 200.00 feet; Thence North 43° 56’ 52” West departing 

said Westerly right of way of 55 th Street, a distance of 10.00 feet; Thence North 46° 03’ 08” East, 

a distance of 50.00 feet; Thence North 12° 21’ 44” East, a distance of 90.14 feet; Thence North 

46° 03’ 08” East, a distance of 53.81 feet to a point on the South line of said tract; Thence North 

88° 58’ 53” East on the South line of said tract, a distance of 28.94 feet to the “true point of 

beginning” of the tract herein described. Containing 7,416.23 square feet or 0.1703 acres more or 

less. 


AND 

Temporary Easement: 








Southeast Quarter of said Section 23, a distance of 1,160.00 feet to the South line of a certain 

tract of land conveyed by Quit Claim Deed, recorded in Book 4605 at Page 858; Thence North 

88° 58’ 53” East on the South line of said tract a distance of 670.01 feet to the “true point of 

2

eginning”; Thence South 46° 03’ 08” West, a distance of 53.81 feet; Thence South 12° 21’ 44” 

West, a distance of 90.14 feet; Thence South 46° 03’ 08” West, a distance of 50.00 feet; Thence 

South 43° 56’ 52” East, a distance of 10.00 feet to a point on the Westerly right of way of 55 th 

Street as now established; Thence South 46° 03’ 08” West on said Westerly right of way of 55 th 

Street, a distance of 25.00 feet; Thence North 07° 23’ 33” East departing said Westerly right of 

way of 55 th Street, a distance of 64.03 feet; Thence North 34° 44’ 32” East a distance of 101.98 

feet to the “true point of beginning” of the tract herein described. Containing 2,875.00 square 

feet or 0.0660 acres more or less. 


Tract No. 3: 

Thomas and Vicky Murphy 

4103 55 th Street, 











Southeast Quarter of said Section 23, a distance of 945.98 feet; Thence North 88° 34’ 42” East a 

distance of 619.32 feet to a point on the Easterly right of way of 55 th Street as now established, 

said point also being the “true point of beginning”; Thence North 46° 03’ 08” East on said 

Easterly right of way of 55 th Street, a distance of 150.00 feet; Thence South 17° 22’ 58” East 

departing said Easterly right of way of 55 th Street, a distance of 33.54 feet; Thence South 46° 03’ 

08” West, a distance of 85.00 feet; Thence South 77° 00’ 57” West, a distance of 58.31 feet to the 

“true point of beginning” of the tract herein described. Containing 3,525.00 square feet or 0.0809 

acres more or less. 


AND 







3



Southeast Quarter of said Section 23, a distance of 945.98 feet; Thence North 88° 34’ 42” East a 

distance of 619.32 feet to a point on the Easterly right of way of 55 th Street as now established; 

Thence North 46° 03’ 08” East on said Easterly right of way of 55 th Street, a distance of 150.00 

feet to the “true point of beginning”; Thence continuing North 46° 03’ 08” East on said Easterly 

right of way of 55 th Street, a distance of 125.00 feet; Thence South 43° 56’ 52” East departing 

said Easterly right of way of 55 th Street, a distance of 10.00 feet; Thence South 46° 03’ 08” West, 

a distance of 130.00 feet; Thence North 17° 22’’ 58” West, a distance of 11.18 feet to the “true 

point of beginning” of the tract herein described. Containing 1,275.00 square feet or 0.0293 acres 

more or less. 


Tract No. 5: 

John Fields 

12333 Pinehurst Drive 









Commencing at the East Quarter corner of Section 23 Township 10 South Range 24 East being 

monumented by a found ½ inch reinforcing rod. Thence South 01° 25’ 18” East on the East line 

of the Southeast Quarter of said Section 23, a distance of 840.16 feet; Thence South 88° 34’ 42” 

West a distance of 959.46 feet to the “true point of beginning”; Thence South 10° 24’ 24” East, a 

distance of 32.76 feet; Thence South 53° 11’ 00” West, a distance of 65.43 feet; Thence North 

36° 49’ 00” West, a distance of 55.00 feet to a point on the Easterly right of way of 55 th Street, as 

now established; Thence North 53° 11’ 00” East on said Easterly right of way of 55 th Street, a 

distance of 80.00 feet; Thence South 36° 49’ 00” East, a distance of 25.66 feet to the “true point 

of beginning” of the tract herein described. Containing 4,186.18 square feet or 0.0961 acres more 

or less. 


AND 

Temporary Easement #1: 

4









West a distance of 963.93 feet to a point on the Easterly right of way of 55 th Street, as now 

established, said point also being the “true point of beginning”; Thence South 10° 24’ 24” East, a 

distance of 16.75 feet; Thence South 53° 11’ 00” West, a distance of 5.29 feet; Thence North 36° 

49’ 00” West, a distance of 15.00 feet to a point on said Easterly right of way of 55 th Street; 

Thence North 53° 11’ 00” East on said Easterly right of way of 55 th Street, a distance of 12.74 

feet to the “true point of beginning” of the tract herein described. Containing 135.24 square feet 

or 0.0006 acres more or less. 


Temporary Easement #2: 









West a distance of 954.34 feet to the “true point of beginning”; Thence South 10° 24’ 24” East, a 

distance of 11.17 feet; Thence South 53° 11’ 00” West, a distance of 30.46 feet; Thence North 

36° 49’ 00” West, a distance of 10.00 feet; Thence North 53° 11’ 00” East, a distance of 35.43 

feet to the “true point of beginning” of the tract herein described. Containing 329.44 square feet 

or 0.0076 acres more or less. 


Temporary Easement# 3: 








5


West a distance of 963.93 feet to a point on the Easterly right of way of 55 th Street, as now 

established, Thence South 53° 11’ 00” West on said Easterly right of way of 55 th Street, a 

distance of 92.74 feet to the “true point of beginning”; Thence South 36° 49’ 00” East, a distance 

of 14.00 feet; Thence South 64° 29’ 36” West, a distance of 71.39 feet to a point on said Easterly 

right of way of 55 th Street; Thence North 53° 11’ 00” East on said Easterly right of way of 55 th 

Street, a distance of 70.00 feet to the “true point of beginning” of the tract herein described. 

Containing 490.00 square feet or 0.0112 acres more or less. 


Tract No. 6: 

Oliver and Amy Stevens 

4132 N. 55 th Street 












West a distance of 1,090.59 feet to a point on the Westerly right of way of 55 th Street, as now 

established, said point also being the “true point of beginning”; Thence North 01° 16’ 44” West, a 

distance of 43.01 feet; Thence North 53° 11’ 00” East, a distance of 37.55 feet; Thence North 88° 

58’ 53” East, a distance of 59.84 feet to a point on said Westerly right of way of 55 th Street; 

Thence South 53° 11’ 00” West on said Westerly right of way of 55 th Street, a distance of 111.08 

feet to the “true point of beginning” of the tract herein described. Containing 2,600.98 square 

feet or 0.0597 acres more or less. 


AND 







6




West a distance of 1,090.59 feet to a point on the Westerly right of way of 55 th Street, as now 

established, said point also being the “true point of beginning”; Thence South 53° 11’ 00” West 

on said Westerly right of way of 55 th Street, a distance of 100.00 feet; Thence North 42° 50’ 05” 

East departing said Westerly right of way of 55 th Street, a distance of 116.90; Thence South 01° 

16’ 44” East, a distance of 25.81 feet to the “true point of beginning” of the tract herein 

described. Containing 1,050.00 square feet or 0.2410 acres more or less. 


7

STATE OF KANSAS ) AMENDED REGULAR SESSION 

WYANDOTTE COUNTY )) SS THURSDAY, NOVEMBER 15, 2012 

CITY OF KANSAS CITY, KS ) 

The Unified Government Commission of Wyandotte County/Kansas City, Kansas, met in regular 

session Thursday, November 15, 2012, with nine members present: Holland, Commissioner At- 

Large First District; Mendez, Commissioner At-Large Second District and Mayor ProTem 

presiding; Barnes, Commissioner First District. McKiernan, Commissioner Second District; 

Maddox, Commissioner Fourth District; Kane, Commissioner Fifth District; Markley, 

Commissioner Sixth District; Cooley, Commissioner Seventh District; Ellison, Commissioner 

Eighth District. Commissioner Murguia, Third District; and Mayor Reardon were absent. The 

following officials were also in attendance: Dennis Hays, County Administrator; Jody Boeding, 

Chief Legal Counsel; Bridgette Cobbins, Unified Government Clerk; Doug Bach, Deputy County 

Administrator; and Major Doug Hansen, Sergeant-at-Arms. 

MAYOR PROTEM MENDEZ called the meeting to order. 

ROLL CALL: Ellison, Holland, Barnes, McKiernan, Maddox, Kane, Markley, Cooley, Mendez. 

INVOCATION was given by Commissioner Mark Holland. 

THE AGENDA for November 15, 2012, was presented. Mayor ProTem Mendez asked if 

there were any revisions to the agenda. Bridgette Cobbins, UG Clerk, stated a blue sheet has 

been distributed for a new item on the commissioner’s agenda regarding a travel request. 

MAYOR'S AGENDA 

No items 

CONSENT AGENDA 

Mayor ProTem Mendez said the Consent Agenda includes all the items on the original agenda 

as well as the consent agenda on the blue sheet. Are there any set-asides on the Consent Agenda. 

There were none.

2 

ITEM NO. 1 – 120287…RESOLUTIONS: CMIP PROJECTS FOR 2013 AND ONGOING 

PROJECTS 

Synopsis: Requesting approval of various resolutions submitted by Lew Levin, Chief 

Financial Officer. Schedule A: 2013 CMIP projects approved to be funded in the 2013 CMIP 

budget. Schedule B: Ongoing projects per the CMIP budget requiring an increase in authority 

and/or additional financing for the 2013 issue. On October 29, 2012, the Economic Development 

and Finance Standing Committee, chaired by Commissioner Holland, voted unanimously to 

approve and forward to full commission. 

Action: 

RESOLUTION NO. R-71-12, “A resolution authorizing certain street, curb and 

sidewalk improvements and providing manner of paying for the same for 2013 

ADA Pedestrian Ramp Program 941-0813.” Commissioner Kane made a 

motion, seconded by Commissioner McKiernan, to adopt the resolution. Roll 

call was taken and there were eight “Ayes,” Ellison, Holland, Barnes, McKiernan, 

Maddox, Kane, Markley, Cooley. 

Action: 

RESOLUTION NO. R-72-12, “A resolution authorizing certain street 

improvements and providing manner of paying for the same for 2013 

Arterial/Collector Resurfacing Program (941-0413).” Commissioner Kane made 

a motion, seconded by Commissioner McKiernan, to adopt the resolution. 

Roll call was taken and there were eight “Ayes,” Ellison, Holland, Barnes, 

McKiernan, Maddox, Kane, Markley, Cooley. 

Action: 

RESOLUTION NO. R-73-12, “A resolution authorizing certain street and bridge 

improvements and providing manner of paying for the same for Priority Bridge 

Repair CMIP 2305.” Commissioner Kane made a motion, seconded by 

Commissioner McKiernan, to adopt the resolution. Roll call was taken and 

there were eight “Ayes,” Ellison, Holland, Barnes, McKiernan, Maddox, Kane, 

Markley, Cooley. 

Action: 


improvements and providing manner of paying for the same for Central Avenue 

Rehabilitation I-70 to 18 th Street CMIP 970-1202.” Commissioner Kane made a 

November 15, 2012

3 




Action: 


improvements and providing manner of paying for the same for Dodson Street 

Landslide Repair CMIP 970-1053.” Commissioner Kane made a motion, 

seconded by Commissioner McKiernan, to adopt the resolution. Roll call was 

taken and there were eight “Ayes,” Ellison, Holland, Barnes, McKiernan, Maddox, 

Kane, Markley, Cooley. 

Action: 

RESOLUTION NO. R-76-12, “A resolution authorizing certain public building 

structure, or parking improvements, and providing for the manner of paying for the 

same for 2013 Parking Facilities Maintenance and Repair CMIP 948-0213.” 

Commissioner Kane made a motion, seconded by Commissioner McKiernan, 

to adopt the resolution. Roll call was taken and there were eight “Ayes,” Ellison, 

Holland, Barnes, McKiernan, Maddox, Kane, Markley, Cooley. 

Action: 


improvements, and providing for the manner of paying for the same for Fire 

Headquarters Building Window and Door Replacement CMIP 969-8004.” 




Action: 


improvements and providing for the manner of paying for the same for Fire Station 

#15 Roof Replacement CMIP 969-8071.” Commissioner Kane made a motion, 




November 15, 2012

4 

Action: 







Action: 







Action: 

RESOLUTION NO. R-81-12, “A resolution authorizing certain street and 

providing for the manner of paying for the same for Hutton and Leavenworth Road 

Intersection Program CMIP 970-1609.” Commissioner Kane made a motion, 




Action: 

RESOLUTION NO. R-82-12, “A resolution authorizing certain public utility 

improvements and providing manner of paying for the same for IMS 

Implementation Program CMIP 963-6219.” Commissioner Kane made a 




Action: 


improvements and providing for the manner of paying for the same for 2013 

Industrial District Repairs CMIP 941-0113.” Commissioner Kane made a 


November 15, 2012



5 

Action: 


improvements and providing for the manner for paying of the same for Kaw Drive 

Rehabilitation Program 970-1607.” Commissioner Kane made a motion, 




Action: 


improvements and providing for the manner of paying for the same for 

Leavenworth Road- 72 nd Street and 55 th Street Intersection Program CMIP 970- 

3109.” Commissioner Kane made a motion, seconded by Commissioner 

McKiernan, to adopt the resolution. Roll call was taken and there were eight 

“Ayes,” Ellison, Holland, Barnes, McKiernan, Maddox, Kane, Markley, Cooley. 

Action: 


improvements and providing for the manner for paying of the same for Merriam 

Lane-County Line Road to 24 th Street Program CMIP 970-1052.” Commissioner 

Kane made a motion, seconded by Commissioner McKiernan, to adopt the 

resolution. Roll call was taken and there were eight “Ayes,” Ellison, Holland, 

Barnes, McKiernan, Maddox, Kane, Markley, Cooley. 

Action: 


improvements and providing for the manner for paying of the same for 2013 

Neighborhood Street Resurfacing Program CMIP 941-0213.” Commissioner 




Action: 


improvements and providing for the manner for paying of the same for Oak Grove 

November 15, 2012

6 

Road 53 rd to 55 th Program CMIP 970-1174.” Commissioner Kane made a 




Action: 

RESOLUTION NO. R-88-12, “A resolution authorizing certain public park and 

recreation facility improvements and providing for the manner of paying of the 

same for Park Facility Roof Replacement CMIP 969-4426.” Commissioner Kane 

made a motion, seconded by Commissioner McKiernan, to adopt the 



Action: 


infrastructure improvements and providing for the manner of paying of the same 

for Pierson Lake Dam Study and Repair CMIP 971-4424.” Commissioner Kane 




Action: 


improvements and providing for the manner of paying for the same for Reardon 

Center Facility CMIP 969-8380.” Commissioner Kane made a motion, seconded 

by Commissioner McKiernan, to adopt the resolution. Roll call was taken and 



Action: 


recreation facility improvements and providing for the manner of paying for the 

same for Shelter 9 Roof Replacement CMIP 971-4427.” Commissioner Kane 




November 15, 2012

7 

Action: 


improvements and providing for the manner of paying for the same for Southwest 

Blvd Bike Lanes-Iowa to State Line Program CMIP 970-1295.” Commissioner 




Action: 

RESOLUTION NO. R-93-12, “A resolution authorizing certain street and traffic 

control improvements and providing for the manner of paying for the same for 

Traffic Signal Replacement (PRIORITY), Program CMIP 970-3345.” 




Action: 


utility improvements and providing for the manner of paying for the same for 

Wyandotte County Lake Waterline Study CMIP 971-4425.” Commissioner Kane 




Action: 

RESOLUTION NO. R-95-12, “A resolution amending Resolution R-67-11 

authorizing certain street and traffic control improvements and providing for the 

manner of paying for the same for Center City Traffic Signal Reconstruction, 

Program CMIP 3320.” Commissioner Kane made a motion, seconded by 




Action: 


authorizing certain sanitary sewage treatment facilities, and providing for the 

manner of paying for the same for Kaw Point Solids Dewatering Rehabilitation 

Project CMIP 6199.” Commissioner Kane made a motion, seconded by 

November 15, 2012

8 




Action: 


authorizing certain street and traffic control improvements and providing for the 

manner of paying for the same for Dynamic Speedway Message Sign, Program 

CMIP 3344.” Commissioner Kane made a motion, seconded by Commissioner 



Action: 


authorizing certain public building, structure, or parking improvements, and 

providing for the manner of paying for the same for Memorial Hall CMIP 8667.” 




Action: 


authorizing certain sanitary sewer facilities and sewerage system improvements 

and providing for the manner of paying for the same for Muncie Creek Interceptor 

Program 6189.” Commissioner Kane made a motion, seconded by 




Action: 


authorizing certain street and bridge improvements and providing for the manner 

of paying for the same for Riverview Avenue Bridge over Turner Diagonal, CMIP 

Program 2140.” Commissioner Kane made a motion, seconded by 


November 15, 2012



9 

Action: 


authorizing certain street and bridge improvements and providing for the manner 

of paying for the same for Shawnee Avenue Bridge over 7 th Street, CMIP Program 

2112.” Commissioner Kane made a motion, seconded by Commissioner 



Action: 


authorizing certain main trafficway improvements and providing for the manner of 

paying for the same for State Avenue from 73 rd Street to 82 nd Street CMIP 1161.” 




Action: 


authorizing certain street improvements, and providing for the manner of paying 

for the same for State Avenue from 82 nd Street to 94 th Program CMIP 1199.” 




Action: 


authorizing certain street and sidewalk improvements and providing for the 

manner of paying for the same for Southwest Boulevard Bike Lanes, Iowa Street 

to 10 th Street Program CMIP 1293.” Commissioner Kane made a motion, 




November 15, 2012

10 

ITEM NO. 2 – 120307…RESOLUTION…PQ/ZEOLYST INTERNATIONAL IRB 

REQUEST 

Synopsis: PQ/Zeolyst International (a Kansas general partnership owned in part by PQ 

Corporation) for EDX Abatement for multi-phased $80M manufacturing plant expansion at 1700 

Kansas Avenue. The expansion creates 33 new jobs and retains 80. The UG approved Ordinance 

No. O-47-10 on August 19, 2010, granting a 70% EDX abatement. Due to the structure of the 

general partnership, COTA denied the use of the EDX. At this time, PQ Corporation is 

requesting the use of IRB's to deliver the same tax abatement structure. The deal structure is the 

same for the UG. On October 29, 2012, the Economic Development and Finance Standing 

Committee, chaired by Commissioner Holland, voted unanimously to approve and forward to full 

commission. 

Action: 

RESOLUTION NO. R-105-12, “A resolution determining the intent of the 

Unified Government of Wyandotte County/Kansas City, Kansas, to issue its 

Industrial Revenue Bonds in the amount of approximately $52,000,000 to finance 

the costs of the amount of constructing, improving and equipping an industrial 

facility for the benefit of PQ Corporation.” Commissioner Kane made a motion, 




ITEM NO. 3 – 120306…RESOLUTION/ORDINANCE: PUBLIC BUILDING 

COMMISSION 

Synopsis: After discussion at the Economic Development and Finance Standing Committee 

meeting on October 29, 2012, the Committee recommends that the composition of the Public 

Building Commission be the following five persons: The Mayor/CEO, the Chair of the Economic 

Development and Finance Standing Committee, the County Administrator, the Chief Financial 

Officer, and the Chief Legal Counsel. 

Action: RESOLUTION NO. R-106-12 and ORDINANCE O-60-12, “A 

resolution/ordinance be it resolved and ordained by the Board of Commissioners 

that Section 2-462 of the Unified Government Code be amended to read the Public 

Building Commission shall consist of five commissioners who shall be the persons 

November 15, 2012

11 

occupying the following positions: Mayor/CEO, Commissioner who serves as the 

chairperson of the Economic Development and Finance Standing Committee, 

County Administrator, Chief Financial Officer and Chief Counsel.” 




ITEM NO. 4 – 120308…ORDINANCE: PH APARTMENTS 332, LLC 

Synopsis: PH Apartments 332, LLC (Developer) has secured financing necessary to 

construct a $30M Class A 332 unit apartment complex on the north side of State Avenue at 122nd 

St. Previously, the Board of Commissioners held a Public Hearing and adopted a Resolution of 

Intent (R-25012) on March 15, 2012. The project will consist of 1 and 2 bedroom units. The 

PILOT represents a 0% tax abatement; however there are provisions (PILOT escalators) within 

the agreement that will penalize the Developer for failure to meet prevailing wage and/or L/M/W 

participation goals. 

Action: 

ORDINANCE NO. O-61-12, “An ordinance an ordinance authorizing the Unified 

Government of Wyandotte County/Kansas City, Kansas, to issue taxable 

multifamily housing revenue bonds (Prairie Heights at the Legends Project), in one 

or more series, in a principal amount not to exceed $30,000,000, for the purpose of 

providing funds to pay the cost of acquiring, improving, constructing, installing 

and equipping a commercial multifamily housing project, including land, 

buildings, structures, improvements and fixtures; authorizing the Unified 

Government to enter into a trust indenture; authorizing the Unified Government to 

enter into a lease agreement with PH Apartments 332, LLC; authorizing the 

Unified Government to enter into a bond purchase agreement in connection with 

such bonds, and authorizing and approving the execution of certain documents and 

the taking of other actions in connection with the issuance of said bonds.” 


to approve the ordinance. Roll call was taken and there were eight “Ayes,” 

Ellison, Holland, Barnes McKiernan, Maddox, Kane, Markley, Cooley. 

ITEM NO. 5 – MINUTES… 

November 15, 2012

12 

Synopsis: Minutes from regular sessions of October 18 and November 1, 2012 and special 

session of November 1, 2012. 

Action: 


to approve. Roll call was taken and there were eight “Ayes,” Ellison, Holland, 


ITEM NO. 6 - WEEKLY BUSINESS MATERIAL 

Synopsis: Weekly business material dated November 1 and 8, 2012. 

Action: 


to receive and file and authorize fund transfers. Roll call was taken and there 

were eight “Ayes,” Ellison, Holland, Barnes, McKiernan, Maddox, Kane, Markley, 

Cooley. 

PUBLIC HEARING AGENDA 

ITEM NO. 1 – 120269…PUBLIC HEARING/METROPOLITAN REDEVELOPMENT 

DISTRICT 

Synopsis: Conduct public hearing to consider the Metropolitan Avenue Redevelopment District 

Project Area 1 redevelopment project plan. The Argentine Betterment Corporation (ABC), the 

developer, has requested consideration of TIF structure changes for the $3M grocery store project. 

On October 4, 2012, the commission unanimously adopted Resolution No. R-66-12, setting the 

public hearing for November 15, 2012. 

Mayor Protem Mendez said we have two have two items under the public hearing agenda. The 

first is consideration of the Metropolitan Avenue Redevelopment District Project Area 1 

Redevelopment Area Plan. 

Dennis Hays, County Administrator, said mayor protem, for the benefit of those in the audience 

the consent agenda has been approved by the commission. All items on the consent agenda were 

approved as presented. 

November 15, 2012

13 

Commissioner Holland said I was the chair of the sub-committee that has dealt with this 

Argentine Betterment Corp., the development of the grocery store. We’re ready to open the 

public hearing to move this forward. Our committee has moved the recommendation forward. 

We’ve been working on it with staff for a number of months and have a level of comfort with it. 

We’re ready to move forward with the public hearing if you’d like to. Mayor Pro-tem Mendez 

said first we will hear opening comments from staff and the developer and then I’ll open it up for 

public comment. 

George Brajkovic, Economic Development Director, said as Commissioner Holland 

mentioned, you’ve seen this project before and recently we’ve brought it back to the standing 

committee a couple of times to talk about the changes and those changes are what prompted the 

public hearing tonight. 

November 15, 2012

14 

TIF District: O-51-11 (Nov 17, 2011) No 

Changes 

To recap the project area and a little bit of the history the TIF district is highlighted on this aerial 

shot. This was approved by this governing body November 17, 2011. It does have two project 

areas within the TIF district and there are no proposed changes to the district. You also approved 

a Community Improvement District for a portion of Project Area 1 in this TIF. There are no 

expected or requested changes to that. The site plan for this again, this is an existing Dollar 

General, about a 15,000 square foot grocery store and it leaves an additional retail pad site 

available. Again, recapping who’s there and who they’re bringing to the site. So what are we 

here for tonight? Actually there are two things; conduct a public hearing to consider the TIF 

structure changes and then if the governing body sees fit approval of the amended redevelopment 

agreement. The TIF changes, originally this project contemplated both a property tax and a sales 

tax increment. There’s no change requested on the property tax side, however on the sales tax 

side the amended plan request or removes the sales tax increment portion and instead is asking for 

a local agreement with us based on home rule for a share of our local sales tax that we collect. 

The reasoning behind that is, the sales tax increment can generate more revenue than there would 

be TIF eligible expenses at the site. That pretty much covers the TIF structure change. The 

November 15, 2012

15 

amended development agreement that’s also part of this item here tonight revolves around this 

project. This project was originally a pay-as-you go TIF and the amended agreement is asking for 

GO bonds to back this project in an amount of approximately $1.6M two separate issuances. One 

would be serviced by the property tax TIF revenue and another service by the sales tax agreement 

and at the end of this presentation there’s a chart that shows sources and uses for this project. I 

wanted to highlight all along there’s been the expectation and the commitment from the developer 

to pay prevailing wage on this project and there is no change to that expectation or commitment. 

As well as there’s been L/M/W utilization rate commitment and there’s no changes to that plan 

either. 

Sources & Uses 

This is that source and uses chart showing you the funding sources and the ultimate uses for that. 

The TIF bond proceeds from the property tax increment are represented in this line and obviously 

sales tax proceeds are represented there. We do have members of the development team here 

tonight to answer any questions and I’m not sure in terms of process if you would like them to 

come up now and hear from them or if you would like to open the public hearing portion. Mayor 

Pro-tem Mendez said they can come forward. 

Korb Maxwell, Polsinelli Shughart Firm, said I’m appearing tonight on behalf of the Argentine 

Betterment Corporation. I also have with me Mr. Tim Russell the Executive Director of 

Argentine Betterment Corporation; Mario Escobar, with the chairman of the Argentine 

Betterment Corporation; and Jeff Sharp with Ferguson Properties. I really want to keep it very 

brief tonight only to say thank you for the hard work of the staff. Mr. Bach, Mr. Hays and all of 

their staff have been with us since the beginning, Mr. Holland and his standing committee as well. 

November 15, 2012

16 

We’ve been in front of you guys many, many times now. You’ve been a pleasure to work with. 

We hope we are at the end of what has been a multi-year process of getting this done, but we 

think the process is going to be very worth it because at the end of the day we’re going to have 

another urban grocery here in Wyandotte County. I would stand for any questions of the 

commissioners, but really just want to say thank you and ask for your vote on this matter tonight. 

Commissioner Barnes said I just want to say thank you for all your efforts and it’s been very 

interesting to watch this process kind of roll out the way that it has, but it’s been a learning 

process and we’re certainly glad to have you in our community and I’m certain that your services 

will be called upon again. We’ve found the kind of found that little sweet spot for bringing 

groceries to the urban core. Mr. Maxwell said thank you commissioner. I look forward to it. 

Mayor Pro-Tem Mendez opened the public hearing 

Mike Caldwell, Chairman of the Friends of Kaw Point Park Inc., said I’m going to pass out 

my items I’d like to talk about. Mr. Hays said this is agenda item number one regarding the 

Metropolitan Redevelopment―Mr. Caldwell said I thought we were on agenda two. I’m sorry. 

Mr. Hays said the Public Levee development will be in just a moment. Mr. Caldwell said 

excuse me. Mr. Hays said thank you sir. Is there anyone else here that wishes to speak on the 

public hearing item number one Metropolitan Redevelopment District. 

No one appeared in support of. 

No one appeared in opposition. 

Mayor Pro-Tem Mendez closed the public hearing. 

Action: 

RESOLUTION NO. R-107-12, “A resolution of the Unified Government of 

Wyandotte County/Kansas City, Kansas approving an amended redevelopment 

project plan within a redevelopment district (Metropolitan Avenue 

Redevelopment District Project Area 1.)” Commissioner Kane made a motion, 

seconded by Commissioner McKiernan, to adopt the resolution. Roll call 

November 15, 2012

was taken and there were eight “Ayes,” Ellison, Holland, Barnes, McKiernan, 


17 

Mr. Hays said we recommend that item number two public hearing two regarding Public Levee 

Redevelopment District be held first sir. Mr. Brajkovic will you be able to present. 

Public Levee site 

Mr. Brajkovic said the Public Levee site, this item has been before the Economic Development 

and Finance Standing Committee as well. For those of you that may not be familiar with the 

Public Levee site it is the area in red on this aerial. The property lines divided between the 

Phillips Petroleum site here on the north, obviously the Missouri River, the Kansas River and 

Fairfax Trafficway. It incorporates Kaw Point Park and the existing levee structures are the 

buildings the UG manages, Cold Storage which is defunct as of now and Lady Baltimore. The 

Levee has a unique and interesting history and I won’t spend a lot of time on it, but in preparing 

for tonight I thought just saying a few words about it. 

November 15, 2012

18 

It was dedicated September 28, 1859 and for any of you that have done property work it’s 

not often that when you go back and find where’s it recorded in the plat book that you’re in 

actually book number one page three. It is right there with the founding of our community. Fastforward, 

the 30’s roll around obviously rail at that time had far surpassed river service and Union 

Pacific was presented with an opportunity in 1937. Let me go back to 1936 the grain of elevators 

were constructed on the other side of Fairfax Trafficway. In 1937 Union Pacific Railroad had an 

opportunity with some funding to create what they were going to call a retail produce center. A 

great plan from what I can tell in reading those documents. The only problem was that for about 

seventy-five years there was a very similar product across the river in Kansas City, Missouri. 

Levee History 

In the 40’s you had the buildings constructed that you see on the left-hand side image here. There 

were tracks coming in and service. There’s Cold Storage and the buildings that are still there in 

existence today. 

Levee History 

November 15, 2012

19 

Later the Lady Baltimore building was added and you can see the roof line on the right hand side 

kind of basically covering where those rail tracks were. In 1940 they decided they can’t move 

forward with this project so there was an ordinance approved that basically the mayor entered an 

agreement with Minnesota Avenue Inc. to act as leasing agent for this site and it stayed like this 

until 1976 at which point the city of Kansas City, KS took over full management and 

responsibility of this site. So what are we here for tonight? Again two items, one is to conduct a 

public hearing to consider the creation of the TIF district in this area and then secondly adopt the 

ordinance, if you see so fit, that creates that district and as well approves a development and lease 

agreement for the site with the development team that’s here tonight. The proposed district it 

pretty much mirrors the parcel image, that earlier aerial image, again that dividing line along the 

property between Phillips Petroleum, Fairfax except in this case the district line actually captures 

all of the right-of-way along Fairfax Trafficway. The development team is here tonight and I’ll 

introduce them here shortly. It’s a group called Industrial Realty Group (IRG). In short they have 

a portfolio that has over 50 million square feet of industrial space. It’s one of the largest in the 

U.S. This is right in their wheelhouse. They specialize in getting areas like this that may be 

November 15, 2012

surplus property or underutilized and rejuvenating it. They like to do industrial manufacturing 

redevelopment. I wanted to highlight just a few of the projects that they’ve done. 

20 

McClellan Park – former Air Force Base 

Sacramento, CA 

McClellan Park, it’s a former air force base in Sacramento, CA. Again they’ve leased more than 

5 million square feet of commercial space as part of this project and just has importantly created 

over 8,000 jobs there. Downey Studios in Downey, CA, former NASA Aerospace Center 80 

acres full build out is expected to be over 2 million square feet of space. 

Canal Place 

November 15, 2012

21 

Canal Place in Akron, OH, I don’t know if this is going to sound familiar to anyone but it was a 

former BF Goodrich site, vacant space didn’t meet any of the modern day industrial space 

requirements and they were able to convert it and do a high-end development. 

Redevelopment Proposal 

The redevelopment proposal then for the Public Levee site, again this is an aerial that captures the 

Lady Baltimore facility on the north end moving south towards the vacant parking area and Kaw 

Point Park. The redevelopment plan is a phased plan. It would start here on the south end with a 

November 15, 2012

22 

new building about 100,000 square feet. The red arrows represent improved access to Kaw Point 

Park and that’s a commitment and I hope the developer will speak to their meetings that they’ve 

had with the Friends of the Kaw. I know they are here tonight as well. 

Proposed building image 

To give you an idea of what the proposed building images might be. I think what they’re saying 

this is a typical product for what they would see putting in a site like this. 

November 15, 2012

23 

Again, we’re considering the creation of a TIF district. I’m sure in your packet that you saw 

that 

we’re combining TIF 

with IRB 

and maybe 

some of you are wondering how 

we did that. So 

there’s a 

sequencing 

effect, you 

create a TIF district for the entire site. The TIF increment 

generated from Project Area A and a possible 

addition they’ll do to Lady Baltimore and tractt B is 

sufficient to cover any 

TIF eligible expenses for the entire site. Once 

those expenses are incurred 

the C and 

D areas will be removed from the TIF district and we’ll consider IRB 

structure for tax 

abatementt for buildings that will be built there. The two 

agreements that are before you tonight 

development agreement again, phased redevelopment ultimately culminating at a minimum of 

315,000 new square 

feet of industrial space, it’s a pay-as-you go 

TIF, prevailing wage 

and 

L/M/W are a component of this. 

They are listed 

there. The 

penalty for 

non compliance on both 

of those is 

a 10% reduction 

in the overall incentive offered 

to the project. Friends of the Kaw are represented in 

the 

development agreement insomuch 

that the UG agrees to 

dedicate $10,000 a year from the 

lease 

payment over to Friends of the Kaw for use on the park itself. The lease agreement is the second 

document 

that we are considering. It’s a 60-year term 

with a one year option for a 39 

year 

renewal. 

The lease payment itself, the base rent, if you want to call it that, is a $300,000 payment 

November 

15, 2012

24 

that starts immediately; well it starts January 1, 2013. That value would run through June of 

2025. 

There are provisions within the agreement that allow for reduction in that number if 

demolition’s occurring at the existing buildings and the new buildings are developed. In July of 

2025 moving forward, the agreement which is to price per acre which is roughly about $152,000 

annual payment and that has a 1% annual escalator. The lease agreement itself is a triple net lease 

meaning the developer will be responsible for all costs associated with the site. In our discussion 

with the standing committee there was concern with the existing not-for-profit tenants we had and 

there’s a commitment from the developer to continue the current rate structure those tenants have 

until such point that maybe the building they’re occupying in is part of the demolition 

redevelopment cycle and commitment to 24-7 access to the park itself. This is the redevelopment 

image again and at this point assuming we follow suite with what we did with the first public 

hearing I’ll introduce members of the development team. Bruce Haas is here with IRG, with him 

is Tom Messmer and I think Peter Yancin. 

Bruce Haas, Senior Vice President, Industrial Reality Group, said I would also like to thank 

staff George and Doug they have done a phenomenal job working with us. The rest of the team is 

Tom Messmer, he’s with IRG and he’s in charge of our special projects. This is a very special 

project for us and so this is top of his list. He’ll be handling the construction and overall 

development. Peter Yancin is with Quadrell which is a sister company of ours which does the 

property management. He’s managing the Lady Baltimore site and will continue to manage the 

property for us. 

I’ll try to be very brief as well. We’re very excited about the project. IRG, we’ve been 

around for probably 35 years now. Those numbers are a little old. We actually have over 90 

million square feet. This project is exactly what we like to do, redevelopment subsequent to those 

numbers for example McClellan Air Force Base we’ve created over 10,000 jobs up there right 

now. Our concept on this project is to try to capture some of the newer users that need new 

buildings and do built-to-suits eventually on this site. 

The phasing of it, we know we needed to build a building starting off right away to say we 

have something here and you know kick the project off. That’s the first phase of the building. 

The second and third phase we’re really hoping to build buildings to suit for the types of users, 

manufactures principally, we love manufactures, they don’t leave, and they like to stay in one 

building for a long time and build buildings to suit for them as we go along. So the renderings 

November 15, 2012

25 

you see in the site and the sizes you see are adjustable or we hope they are adjustable depending 

on what type of users that comes along. 

In preparation for this we have met with Mike Caldwell, Friends of the Park, and are 

excited about trying to work them into our program including certain naming rights and other 

concepts to help enhance the park including the access agreement there. We’ve also met with 

existing tenants, because we know there’s a lot of anxiety as well. The ultimate goal for us is to 

not lose any of the tenants that are there and the fourth phase of this is the redevelopment of our 

building the Lady Baltimore building and there’s about 70,000 square feet on the end there that 

we can redevelop and possibly add on to. The concept here is as we go along we demo the first 

two buildings, the existing tenants there we work with them and move them over to the other two 

buildings, help them expand, grow, satisfy their needs however we can do that. 

As we get to the next phase and final phase when we have to demolish the final two 

buildings at the same time we kick off the phase four. Hopefully we again build units in the Lady 

Baltimore building and keep moving them down the road into newer better facilities. That’s our 

ultimate concept there. I’m happy to answer any questions, but that’s about all. 

Commissioner Barnes said you’re at Lady Baltimore right now. Mr. Haas said that’s correct. 

Commissioner Barnes said I know you agreed to the L/M/W on this new project here. Can you 

give me the numbers on your project you have right now? Can you give me the breakdown on 

your numbers you have at your Lady Baltimore operation? Local, minority and women at your 

company right now. Mr. Haas said we’re the owner of the property and so we have tenants in the 

property so if you want the breakdown of what our tenants employ. Commissioner Barnes said 

no, no, no. Mr. Haas said if you’re asking for the breakdown of— Commissioner Barnes said 

of your management, whatever involvement you have as far as employees are concerned at that 

location. You don’t have any employees there. Mr. Haas said we don’t have any employees. 

We have done some construction projects on the property― Commissioner Barnes said so you 

don’t have any employees at the Lady Baltimore operation. You don’t have any managers. Mr. 

Haas said Peter Yancin is our property manager for the property now. Commissioner Barnes 

said so you just have one employee. Mr. Haas said he’s a contractor that works for us that 

manages the property. Commissioner Barnes said give me the numbers at your company right 

now then. Mr. Haas asked for IRG. Commissioner Barnes said yes sir. Mr. Haas said okay 

we’re a very unique company— Commissioner Barnes said I’m just trying to get to― you say 

you’re a company without employees. I’m just trying to figure out what you’re doing. Mr. Haas 

November 15, 2012

26 

said we are a company with no employees. Let me — Commissioner Barnes said with no 

employees is that what you just said. Mr. Haas said let me give you a snapshot of IRG. 

Commissioner Barnes said I really don’t want a snapshot of IRG. I’m just asking a simple 

question. What’s your breakdown of the employees that you have here locally. Do you have 

anybody here locally? Mr. Haas said we don’t employ anybody here locally. Commissioner 

Barnes said thank you. Mr. Haas said I will say that Peter’s got―Commissioner Barnes said 

that’s all I need. 

Mayor Protem Mendez opened the public hearing 

Mike Caldwell, 5610 W 61 st Terrace, Mission, KS, said I have some handouts passing around 

for you. I am the chairman and volunteer curator at Kaw Point Park and with Friends of Kaw 

Point Park Inc., which is the board that works on the park, kind of born out of a group of 

volunteers. We’re really here to represent the Friends of Kaw Point Park and the many volunteers 

who help build it over the last 10 years. It’s been a real herculean effort to get it done and this 

park has been designated as the Lewis & Clark Historic Trail Site by the National Park Service 

and they tell us in their opinion the most outstanding site of its kind in the country. On the back 

of the sheet that I’m passing out is a certification. 

We have several concerns about the integrity of the park and don’t get us wrong, we think 

this is a great project they want to do here, but we would like to address some of the issues here 

before a final decision is made. We’d like to know if plans are included to ensure ample parking 

for events and activities in the park. In the past we’ve had as many as 375 cars park out on that 

general area. The second thing would be we question the construction of slab concrete buildings 

immediately adjacent to and clearly visible from the park and want to know how this can be 

mitigated. We suggest the possibility of murals on the structures that face the park and face I-70. 

We’d like to ensure that there will be a clearly marked an attractive landscape lighted access 

boulevards into and out of the park. Our park committee has long been planning to develop an 

interpretive center in this general development site and would like to see this included in one of 

the developers buildings nearest the confluence. Item number 5, we would like the assurance that 

the developer IRG that they would commit to help in every way to ensure and enhance the 

integrity of the Lewis & Clark Park at Kaw Point. This section of land is now a prime location 

because it is adjacent to a beautiful historic park. We’d like this park to be protected and 

esteemed for the treasure that it is. Thank you gentlemen and ladies. If you have any questions, 

I’ll try to answer them. 

November 15, 2012

27 

Commissioner Holland said I wish you’d have brought this list to us during the standing 

committee meetings so maybe we could have talked about it with the developer ahead of time, 

you know what I’m saying. I don’t know how much of this we’re going to be able to incorporate 

into this vote tonight without delaying the vote and I’m not very excited about delaying the vote. 

I think some ideas in here are terrific. I would say the construction of slab concrete buildings I 

would argue it’s one of the most blighted areas of our city right now. It’s an absolute eyesore 

disaster right now. I think the slab concrete is going to be an improvement frankly over what 

we’ve got right now. 

One of the reasons I’m excited about it is because Fairfax is trying to raise its public 

image in terms of how it looks. I think having these brand new buildings at the entrance to 

Fairfax is going to do more to raise the profile of Fairfax than any sign we could put up. In some 

respects I think it’s great. I like the idea of murals on the walls. I don’t know if the IRGs’ ever 

been creative next to a park before. I don’t know if that fits with your business plan to put murals 

on to that blue building right next to the park, it’d be kind of cool to have some murals there. I 

don’t know. In an interpretive site maybe you could put a back patio out there that they could do 

an interpretive site. What I’d like to ask is if ―have you presented this to the developer before 

tonight? Mr. Caldwell said we talked informally right after their hearing or get together that they 

had to inform the people of Fairfax what they were planning to do. Commissioner Holland 

asked what was their response to your ideas. Mr. Caldwell said I received some maybe if 

answers and some that I didn’t think were so hot. I wasn’t just overwhelmed with the cooperative 

side of it. Commissioner Holland said let me ask the developer. Can you respond? Have you 

seen this letter? Mr. Haas said we’ve met and I can respond to his points. Commissioner 

Holland said after the public hearing I’ll ask you for that. 

Commissioner Barnes said Mr. Caldwell I thank you for coming forward. What we must not 

forget is that this is a public levee and it must be respected that way. Mr. Caldwell, how much 

money have you guys invested. Do you know Friends of the Kaw how much money you’ve spent 

at that park here in the last― Mr. Caldwell said it’s all been money that came from grants, 

donations, and so on but I would say, it’s hard for me to say. Commissioner Barnes said it’s in 

the millions. We know it’s in the millions of dollars. Mr. Caldwell said it’s almost all volunteers 

and donations. An architect engineering firm estimated the amphitheater we built at about 2 ½ 

million. Commissioner Barnes said yes sir, so we’re talking about millions of dollars of public 

investment of public and private at this location that is a public asset to our community and we’re 

November 15, 2012

28 

approaching selling. I welcome IRG and I know you don’t understand this kind of thinking. I 

welcome you to our community. I’d like to have you here, the whole nine yards, but I am just 

appalled at the process that we went through to privatize a public levee. This has nothing to do 

with you guys as your operation. Welcome to the city, but it’s how we do things internally that 

we actually embarked upon privatizing this process and I disagree with that process. Then at the 

same time I don’t think that we should move forward unless these things are answered. This right 

here is a great investment on behalf of many people and we need to protect that investment that’s 

been made at the park location down there. Here they are the closest neighbor to the process and 

having to continue to operate around whatever they’re proposing at the time. I think they should 

be satisfied and I think that if you’re going to acquire a public asset or public levee in our 

community that you should respect the public portion of it and the public portion of it is the 

investment that’s been made by the Friends of the Kaw and I don’t think that’s asking too much. 

I think everything in here should be answered because they’re the ones that have the greatest 

investment in the area. We thank you for taking out the blight, thank you for bringing whatever 

you’re going to bring to our community, but we ask that you respect us in the process and if this is 

not answered I don’t think that respect is in place. 

Commissioner Ellison said I go back quite a ways with the Fairfax Industrial District. About 

1942 or 1943 the old North American Aviation plant which later began the General Motors plant, 

as a young person I remember riding my bicycle down to the old airport which is now the new 

GM plant. At one time the Fairfax Industrial District was I believe the first or second largest 

industrial in the state of Kansas. It was kept out of the city limits up until the middle 60s I believe 

when it was annexed. There were jobs galore with Gustin-Bacon, Packaging Corporation of 

America and a check printing company. 

I remember them laying the first bricks for the Sunshine Biscuit plant. I remember 

working with the Harry Darby fabrication plant which made boxcars in Fairfax. I remember 

when I-35 came along. The new buildings that were built in the corridor in Lenexa basically 

robbed Fairfax of the substantial tax base that we had and it became a part of the city after it had 

become rundown and that’s the current state that it’s in now. I like the mouth of the Kaw River. I 

like the boat ramp there. I like those things and that’s fine that we honor Lewis & Clark for 

pitching a tent there and that’s good, I’m a historian so I’m well aware of that, but I’m also aware 

of the fact that we’ve lost major industry from this town. When Lady Baltimore pulled out, I 

November 15, 2012

29 

remember when Fairfax was very vibrant. I remember when it was platted. I remember when the 

companies were built down there. 

That’s where we used to go to teach our kids how to drive; matter-of-fact I learned to 

drive in Fairfax. It was an open field is all it was and we get someone who comes along who 

wants to redevelop and I think there’s a place for both which I admire. I can remember World 

War II when Harry Darby launched landing boats right there on the Kaw River and we let it rundown. 

Those buildings are worth about zero the way they stand now. The heating, the air, and 

the mechanical parts of those buildings nobody’s going to move in there until it’s redeveloped and 

that’s what we need. From my experience as to what’s happened there I encourage the developers 

to go in whether—you know the grain elevator. We talked about public land. That grain elevator 

from the river has not worked. I’ve never seen it work. The grain elevators that stand on the west 

side of Fairfax Trafficway I guess they still put grain in them. I think it’s a way to get it started 

on that south end of Fairfax, work our way back to the old Fairfax Bridge. I remember when that 

was a toll bridge, the second one wasn’t even there. We need particularly with the development 

in Riverside, that new industrial park, we’re going to have to do some stepping if we’re going to 

even keep up. I encourage the developers to go in and rehab that place. 

Chuck Schlittler, Executive Director of Fairfax Industrial Association, 3250 Brickerhoff 

Rd., said I’m going to refer to you as Thomas and Peter because I can’t remember your last 

names gentlemen and I apologize for that. I was able to meet those gentlemen this morning. I 

have appeared before you a number of times about different issues and I hope one thing you have 

always heard me either head toward or talk about is the ability to connect dots and to work 

cooperatively together and I believe that IRG presents another partner in which the UG our 

association and others can work including Kaw Point Park. I think we can find some very, very 

common ground and be able to begin the redevelopment process that’s very, very vital for the 

Fairfax District. We work closely in hand as you know with KCK Chamber and I believe our 

joint committee to the Fairfax Advisory Committee would echo my statements this evening. We 

encourage you to have a positive outlook on this issue and look forward to the partner that will be 

added in the form of IRG with everything that looks to be forthcoming within the Fairfax District. 

Gary Hiesey, Surroundings LLC, said we are a current tenant at the Levee. We’re not here to 

impede any progress nor defy the project, but we would like to just emphasize that there are 

tenants such as us that have been here some at different lengths of time, but we have been the 

November 15, 2012

30 

ones that have been supporting the Levee for the last number of years and we simply would like 

to ask you to make sure that during this process that we are favorably dealt with in whatever 

transition would be taking place. We did receive a notice that was written on October 25 th . We 

received it in our mail on October 27 th for an informational meeting for tenants on October 29 th . 

Obviously that timeline was not a very long enough time for us to even first of all be able to 

attend so we are here really with very little information other than what we’ve seen here this 

evening. Again, we’re just curious as to how the current tenants are going to be dealt with. 

I understand by the short presentation that there will be opportunities to be relocated 

within the complex which is fine, but what are the financial ramifications of that. Are we going 

to get favorable lease rates that at least are as good as what we have now or better? How are we 

going to get all of our equipment moved? That’s an expensive proposition, more just laying out 

to you that we please ask the council to consider working with this group to make sure that the 

currents tenants are dealt with very fairly. 

Commissioner Kane said the two guys Thomas and what’s the other guy’s name. One of you 

guys or either one of you we’re here right now and we know that you have an outstanding 

background that you know how to do this type of business so we’re going to assume that you 

know how to work with Friends of the Kaw and the tenants. I think that getting short notice like 

that; I can’t do anything on a two days notice. I think you guys, after we get making our vote one 

way or the other, need to make a genuine effort in closing the gap with the Friends of the Kaw 

and your tenants. 

Mayor Pro-Tem Mendez closed the public hearing 

Commissioner McKiernan said I just want to echo what Commissioner Kane just said. I am a 

little concerned to hear about short notice. I’m a little concerned to hear about lack of 

communication. We can’t have that in a project of this size with people who have been as you 

say, supporting that area over the past however many years it is. We cannot have that. We have 

to talk, we have to communicate, and we have to be partners so I am just going to echo what 

Commissioner Kane said and ask that you please be partners with every interested party that is 

already there. 

November 15, 2012

31 

Commissioner Barnes said mayor pro-tem, normally we would get them to come to the podium 

to get them to read that into the record, that is what their intentions are. What we’ve had is a 

request from two commissioners, but we have not had a response from them and I would certainly 

like to get that response on the record if that is what their intentions are. That is obliging the 

individuals from the Kaw and certainly being amenable to the current tenants. Can you say that 

for the record? 

Commissioner Holland said I want to hear from this gentleman. Come on forward. Yes, I’d like 

to hear your response―I was waiting to hear a response to the Friends of the Kaw, but I’d also 

like to hear a response to the gentleman about the two days notice for a meeting. Mr. Haas said 

the two days notice for the meeting I was not aware of when the notices came out so I apologize 

for that. We did schedule the meeting, we came out here, actually all of IRG came out here and 

we had a meeting with all the tenants, subsequently Tom and Peter have tried to meet with the 

tenants. We actually view this as an incredibly favorable for the tenants in terms as working with 

them. Right now most of them are on a month-to-month lease, you can’t—it’s very difficult to 

run a business on a month-to-month lease without any certainty for a longer term. 

The first thing we want to do is get the tenants on longer terms so they know where their 

business is going and then work with them on phasing and taking care of their long-term needs. 

We actually view ourselves as an ally to the tenants and have tried to meet with the tenants 

individually especially the ones that―there’s a tenant there that has a reactor that I think Tom has 

met with because he’s very concerned about moving over. We’re trying to be very proactive with 

the tenants. I apologize for the late notice. We’d love to meet with you afterwards so I apologize 

for that. 

Regarding Kaw Point this is a little more difficult of a point because we understand all of 

their needs and agree with their needs. I can’t build them an interpretive center. I don’t have that 

kind of money, but in terms of working with our development we’d love to do that. We’re 

throwing around names right now. One of the names we wanted to work with the city on and 

communicate was maybe Kaw Point Industrial Park or something along those lines as long as it 

doesn’t offend the Fairfax District people signifying the importance of that. We have produced 

beautiful murals on the building. If anybody goes on our website and looks at our Downey 

project you see some beautiful murals. I have no issue with that. 

The issue I have is if a tenant comes along and wants their name on that building and 

doesn’t want murals, really we have to work with the tenant first and that’s really what’s driving 

November 15, 2012

32 

this development is trying to find users and manufactures and employment. I’d love to work and 

have murals on it and we have done that before, Tom I think actually brought some images of 

murals we’ve done on buildings. Parking is a delicate subject because we’d love to work with 

them on parking. There is parking in the area where they can run shuttles, but again a lot of 

manufactures want very secure areas and they want their sites fenced off and they want to have 

security, especially today’s manufactures and the hi-tech manufactures, the type everybody wants 

are very concerned about security so to allow parking it becomes a very tricky issue. 

I didn’t mean to give him ifs and buts, but I can’t answer future questions about what this 

park looks like without knowing what type of users and what type of manufactures we’re going to 

get there and I apologize for that. It’s not an unwillingness to work with the park and we most 

certainly have addressed his ingress and egress issue. We met earlier we do have a commitment 

to work with the parks. I’ve built soccer fields in Newton, Iowa. We have baseball fields in 

Summerfield, NJ. We try to be active members of the community. We think its good business. 

We think it attracts more business. We can give you references along those points. I hope that 

addresses the questions. 

Commissioner Kane said George could you get up here for a second. Is that enough to say he’s 

going to commit to that? Mr. Brajkovic said I can’t put words in their mouth but what we’ve 

seen and their reputation as a developer they’ve answered as honestly as they can. Ultimately if 

the goal is to redevelop the site with new industrial users that create jobs and I think if that’s the 

consensus that is the target goal of this redevelop and it would be nice to have murals if that 

tenant is willing to have that on theirs, I think that is what they’ve committed to. Commissioner 

Kane said put the two things we need to vote on back on the board please. Mr. Brajkovic said 

the what. I’m sorry. Commissioner Kane said the two proposals. Mr. Brajkovic said the lease 

agreement and the development agreement are the two items we had tonight. Commissioner 

Kane said the first motion needs to be on the public hearing regarding the creation of the TIF 

district, correct? Mr. Brajkovic said the ordinance itself would accomplish everything. The two 

items where you had to conduct a public hearing, open and close that, then if you’re ready to vote 

on something the ordinance creates the TIF district as well as approves the development and lease 

agreement. 

Action: 

ORDINANCE NO. O-62-12, “An ordinance making certain findings and 

establishing the Public Levee Redevelopment District.” Commissioner Kane 

November 15, 2012

33 

made a motion, seconded by Commissioner McKiernan, to approve the 

ordinance. Roll call was taken and there were seven “Ayes,” Ellison, Holland, 

McKiernan, Maddox, Kane, Markley, Cooley. Commissioner Barnes voted ”no.” 

RESOLUTION NO. R-108-12 “A resolution determining the intent of the 

Unified Government of Wyandotte County/Kansas City, Kansas, to issue its 

taxable industrial revenue bonds in the amount of approximately $20,000,000 to 

finance the costs of acquiring, constructing and equipping an industrial project for 

the benefit of Industrial Realty Group, LLC.” Commissioner Kane made a 


call was taken and there were seven “Ayes,” Ellison, Holland, McKiernan, 

Maddox, Kane, Markley, Cooley. Commissioner Barnes voted ”no.” 

Mr. Hays said if I might encourage the IRG representatives that are here and those that spoke this 

evening during the public hearing that there be a dialogue as soon as possible between the parties 

and that information be reported back to the Unified Government so that we can incorporate that 

and get that information to the commission. I think the staff has worked very hard with you all on 

this project; there are issues that have come forth this evening that were not clear answers. We 

understand there may not be final commitments that you can make at this time, although this item 

will come back before the commission in future time for issuance of IRBs and we would certainly 

encourage you to have issues addressed clearly so that the commission knows where tenants and 

where your adjacent partners are on these issues. We appreciate your investment and the project 

is moving forward. 

STANDING COMMITTEES' AGENDA 

No items 

ADMINISTRATOR'S AGENDA 

No items 

COMMISSIONERS' AGENDA 

Item No. 1 – 970105…TRAVEL REQUEST 

November 15, 2012

34 

Synopsis: Request to travel to Boston, MA, to attend the National League of Cities Conference, 

submitted by Commissioner Maddox. On October 18, 2012, the commission unanimously voted 

to hold this item over to the next meeting. 

Action: 

Commissioner Barnes made a motion, seconded by Commissioner Kane, to 

approve. Roll call was taken and there were eight “Ayes,” Ellison, Holland, 


Mayor Pro-tem Mendez adjourned the meeting as the Board of Commissioners and reconvened 

as the Land Bank Board of Trustees. 

LAND BANK BOARD OF TRUSTEES' CONSENT AGENDA 

Item No. 1 – 120286…COMMUNICATION 

Synopsis: Communication requesting consideration of the following applications, submitted by 

Chris Slaughter, Land Bank Manager. The Land Bank Advisory Board has recommended 

approval of the applications. On October 29, 2012, the Neighborhood and Community 

Development Standing Committee, chaired by Commissioner Holland, voted unanimously to 

approve and forward to full commission. 

Side-Lot Applications 

849 Troup Ave. - Anthony Curnal 

1216 Rowland Ave. - Harry Hughes 

734 N. 49th St. - Winfred Anderson 

828 N. 49th Terr. - Winfred Anderson 

828 R N. 49th Terr. - Winfred Anderson 

759 Miami Ave. - Leo Becker 

2031 Chester Ave. - Rebecca Hutton 

820 S. 9th St. - Lloyd Ramirez 

1211 Georgia Ave. - Maria Jacobo 

2706 N. 8th St. - Broderick Henderson 

2708 N. 8th St. - Broderick Henderson 

3100 Farrow Ave. - Charlie Braxton 

Buildable Applications 

1977 N. 30th St. - Lee Brooks for speculator 

Best and Final 

743 Waverly Ave. - Antonio Valles for yard extension; Edith Donley for yard extension 

November 15, 2012

35 

(Advisory Board recommended approval for Ms. Donley.) 

Transfers from Land Bank 

500 Freeman Ave. - UG 

(This property was part of the Urban Renewal project and needs to be placed back into 

original name.) 

1138 Quindaro Blvd. to UG 





(The Quindaro properties will be developed using NSP3 funds and the UG will control 

properties during construction with a lien.) 

Donation to Land Bank 

5017 R Georgia Ave. from Mary Meek 

Action: 

Commissioner Holland made a motion, seconded by Commissioner Kane, to 

approve. Roll call was taken and there were eight “Ayes,” Ellison, Holland, 


MAYOR PRO-TEM MENDEZ ADJOURNED 

THE MEETING AT 7:56 P.M. 

NOVEMBER 15, 2012 

Bridgette Cobbins 


tp 

November 15, 2012

STATE OF KANSAS ) PLANNING AND ZONING 

WYANDOTTE COUNTY )) SS AND REGULAR SESSION 

CITY OF KANSAS CITY, KS ) THURSDAY, DECEMBER 6, 2012 

The Unified Government Commission of Wyandotte County/Kansas City, Kansas, met in regular 

session Thursday, December 6, 2012, with eleven members present: Holland, Commissioner At- 

Large First District; Mendez, Commissioner At-Large Second District; Barnes, Commissioner 

First District; McKiernan, Commissioner Second District; Murguia, Commissioner Third District; 

Maddox, Commissioner Fourth District; Kane, Commissioner Fifth District; Markley, 

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; Jody Boeding, Chief Legal Counsel; Bridgette 

Cobbins, Unified Government Clerk; Doug Bach, Deputy County Administrator; Rob 

Richardson, Director of Urban Planning and Land Use; Anthony Mumford and Byron Toy, 

Planners; and Major Tyrone Garner, Sergeant-at-Arms. 

MAYOR REARDON called the meeting to order. 

ROLL CALL: Holland, Mendez, Barnes, McKiernan, Murguia, Maddox, Kane, Markley, 

Cooley, Ellison, Reardon. 

INVOCATION was given by Sister Teresa Banger, Our Lady and St. Rose Catholic Church. 

THE AGENDA for December 6, 2012, was presented. Mayor Reardon asked if there were any 

revisions to the agenda. Bridgette Cobbins, UG Clerk, stated a blue sheet has been distributed. 

On the Standing Committees’ Agenda, Item No.1, has been revised and indicating to the 

Commission of a revised resolution authorizing the acquisition and construction of an emergency 

management system and a Memorandum of Understanding with the Board of Public Utilities 

relating to intergovernmental corporation for the emergency communication radio system. 

Ms. Cobbins asked if there were any disclosures. Commissioner McKiernan stated he has had 

contact with opponents #A-2012-9.

2 

Mayor Reardon asked if there were any set-asides on the Consent Agenda. Jerry Chall, 4628 

Mission Rd., asked to set-aside #PR-2012-22. Commissioner Kane made a motion, seconded 

by Commissioner Mendez, to approve the Consent Agenda, excluding the set-aside. Roll call 

was taken and there were ten “Ayes,” Holland, Mendez, Barnes, McKiernan, Murguia, Maddox, 

Kane, Markley, Cooley, Ellison. 

PLANNING AND ZONING CONSENT AGENDA 

CHANGE OF ZONE APPLICATIONS 

ITEM NO. 1 – 120207…CHANGE OF ZONE PETITION #3036 – JEFFREY 

ZIMMERMAN AND MASTER PLAN AMENDMENT #MP-2012-7 FROM MIXED USE 

TO COMMERCIAL AT 6865 STATE AVE. 

SYNOPSIS: Change of Zone from C-1 Limited Business District to CP-2 Planned General 

Business District for a convenience store and gas station at 6865 State Avenue. The request is to 

make way for a gas station remodel and requesting rezoning, preliminary plat and a Master Plan 

Amendment for a 0.6 acre property from C-1 Limited Business District and CP-2 Planned 

General Business District to CP-2 Planned General Business. The Planning Commission voted 9 

to 0 to recommend approval of Master Plan Amendment #MP-2012-7. The Planning 

Commission voted 9 to 0 to recommend approval of Change of Zone Application #3036, subject 

to: 


Below are the applicant’s response to Staff’s original comments followed by Planning Staff’s 

revised comments, Public Works comments and Staff’s conclusion. 

December 6, 2012


3

4 

Traffic circulation 

A. There originally were concerns about traffic circulation and the use of the second 

driveway on State Avenue. The applicant has provided engineered documents that justify 

the need of the second driveway. The drawings, provided below, proves that the delivery 

gas truck would not be able to make the turn to get out of the easternmost drive without 

hitting parked cars. With that evidence, staff has removed that comment. 

B. We have ADA concerns with the stairs that connect the lower parking level with the 

higher parking level. An ADA ramp may be deemed necessary by the Building 

Inspections Department. 

Landscaping 

Landscaping on the site is minimal. This is simply because of the existing development of this 

tight site. In situations such as this, planning staff has worked with the applicant and Public 

Works to install some trees and bushes in the right-of–way. The applicant is open to this idea and 

it can be easily resolved during the Final Development Plan. 

Architecture and overall design 

At the rezoning stage architecture and site design is examined, but not as thoroughly as a final 

development plan. There may be some issues with the site and architecture that may arise later. 

To keep applicants from being surprised, we clearly spell out the City’s expectations in our 

Commercial Development Guidelines. For your convenience, we have attached that portion of 

the code to the end of the document. We advise the applicant to compare their plan point by point 

to these guidelines. Below are a few points from our preliminary review. (The applicant has 

agreed to these stipulations in the letter below) 

Signs: Staff will stipulate that no pole signs are to be used and any freestanding sign uses 

a masonry base that is complementary to the building. All signs will need to go through a 

separate sign application process and possibly a final plan review at a later date. 

Retaining wall: The retaining wall shall be constructed from a textured block material that 

is a complementary color to the building. 

Parking Lot Lighting: Staff is requesting clarification on the height and type of light used 

in the parking lot. 

Building lighting: Only decorative lighting can be used on the exterior of the building. No 

pack lights or flood lights are allowed. 

Roof Mounted Units: All roof mounted units must be screened by the parapet of the 

building. 

December 6, 2012

5 

Utility Connections: All utility connections must be screened with landscaping or an 

architecturally designed screen wall. All utilities mounted on the wall must be painted to 

match the building and to the extent practicable, tucked into articulated corners. 

Use of Window Graphics: Window graphics must be scenic pictures only. No text, 

specials ads, or painted messages are allowed. All graphics must be at least 6 inches back 

from glass. 

Banners and Attention Attracting Devices: Banners are not allowed to be hung from the 

building light poles or on the gas canopy, etc. Attention attracting devices such as 

streamers, pennants, inflatables, and wind catchers are prohibited. The applicant is still 

eligible to use these devices for special events on a temporary basis by applying for a 

temporary banner permit. 

Irrigation: All landscaping must be irrigated. 

Streetscape: The applicant needs to create a strong landscape presence off State Avenue. 

This can be accomplished through the use of shade trees and bushes. This landscape plan 

will soften the development. 

Shadow Lines: Create shadow lines by placing articulations on the walls. A building of 

this size can use minor articulations (9” to 12”), mid articulations (13” to 24”) and major 

articulations (25” and up) without becoming too busy. These articulations can be created 

by using columns, awnings etc. We can also create interest by using faux windows along 

with a number of other methods. 

Masonry Columns: Add masonry columns to the gas canopy. This method has been 

used on new Casey’s, Quik Trip and Gas Mart (103rd and Leavenworth) and remodeled 

BP (78th and Parallel) stations. The Quik Trip should indicate the level of architecture 

expected. 

The current elevations are not acceptable at this time. We believe that with the proper design, this 

project can not only fit the area, but, be a spark for redevelopment and reinvestment. 

Unfortunately, staff does not think that we are to that point. The documents and real world 

examples we provide in this report gives a clear picture of what is expected for the final 

development plan. The applicant has reviewed these comments and agreed to the stipulations. 

Action: 

Commissioner Kane made a motion, seconded by Commissioner Mendez, to 

approve Change of Zone Petition #3036 and Master Plan Amendment #MP- 

2012-7, subject to the stipulations. Roll call was taken and there were ten 

December 6, 2012

“Ayes,” Holland, Mendez, Barnes, McKiernan, Murguia, Maddox, Kane, Markley, 

Cooley, Ellison. 

6 

ITEM NO. 2 - 120297…CHANGE OF ZONE PETITION #3040 – JOSE ANGEL 

MARTINEZ AND MASTER PLAN AMENDMENT #MP-2012-9 FROM 

NEIGHBORHOOD RESIDENTIAL TO URBAN RESIDENTIAL AT 813 N. 10 TH ST. 

SYNOPSIS: Change of Zone from C-O Non-Retail Business District to C-1 Limited Business 

District for a retail development at 813 North 10th Street. The intent would be to open a clothing 

store. The Planning Commission voted 9 to 0 to recommend approval of Master Plan 

Amendment #MP-2012-9. The Planning Commission voted 9 to 0 to recommend approval of 

Change of Zone Application #3040, subject to: 

Urban Planning and Land Use Original Comments: 

Overall staff does not have many issues with the request. Our concerns revolve around the 

appearance of the site and protecting the interest of the very close residential area. Below, is the 

applicant response to Planning Staff’s original comments, followed by Public Works comments 

and Staff’s final comments. 

December 6, 2012


7

8 


A) Items that require plan revision or additional documentation before engineering can 

recommend approval: None 


1) Project shall include the demolition and reconstruction of existing curb & gutter 

along North 10th Street and Armstrong Avenue, as well as new entrance drives 

constructed to UG Standards. 

C) Comments that are not critical to engineering’s recommendations for this specific 

submittal, but may be helpful in preparing future documents: None 

Staff Final Comments: 

The applicant has worked with staff to create a plan that is an improvement to the area. We 

commend them for their commitment and recommend approval per the comments above and with 

the stipulation that it is approved as a planned district. 

Action: 


approve Change of Zone Petition #3040 and Master Plan Amendment #MP- 

December 6, 2012

9 

2012-9, subject to the stipulations. Roll call was taken and there were ten 



SPECIAL USE PERMIT APPLICATIONS 

ITEM NO. 1 – 100005…SPECIAL USE PERMIT PETITION #SP-2012-40 – WM 

HEALTHCARE SOLUTIONS, INC. 

SYNOPSIS: Renewal of a Special Use Permit for a medical waste transfer facility at 200 Funston 

Road. Linda Lee with Waste Management Healthcare Solutions Inc. is requesting renewal of a 

special use permit for a medical waste transfer station. Enserve LLC has been operating a similar 

business on this property since late 2006. Enserve was approved by Special Use Permit in 2006 

(SP-2006-28) and 2008 (SP-2008-4). Waste Management Healthcare Solutions bought the 

operation in 2010 (SP 2010-22) and was approved for a Special Use Permit to continue the 

operation. Waste Management transfers medical waste in sealed containers from small trucks to 

large truck trailers. The trailers are then transported to another city where the waste is treated. A 

special use permit application (#SP-2012-47) from Med Assure Heartland LCL to operate a 

medical waste transfer facility at this location has been filed. Waste Management is in 

negotiations with Med Assure Heartland to sell the business. That transaction may not occur 

before the end of Waste Management’s current special use permit and they plan on running the 

full operation until shortly before Med Assure Heartland takes over. The Planning Commission 

voted 9 to 0 to recommend approval of Special Use Permit Application #SP-2012-40, subject to: 


1. Staff does not believe that the traffic impacts would be significant. But this is based on the 

assumption that the same number of vehicle trips will match the existing business. During 

the last approval we were informed that the operation had 100+ tons of waste per week 

which equated to 25+ tractor/trailer loads per week. The applicant confirmed that the 

numbers are the same as the previous approval. 

2. Staff recommends approval for a maximum of 10 years or until Med Assure takes over the 

operation. 


A. Items that require plan revision or additional documentation before engineering can 


B Items that are conditions of approval (stipulations): None 

December 6, 2012

10 

C. Comments that are not critical to engineering’s recommendations for this specific 

submittal, but may be helpful in preparing future documents: 

1) Industrial waste discharge permit shall be required. 

Action: 


approve Special Use Permit #SP-2012-40 for 10 years, subject to the 

stipulations. Roll call was taken and there were ten “Ayes,” Holland, Mendez, 

Barnes, McKiernan, Murguia, Maddox, Kane, Markley, Cooley, Ellison. 

ITEM NO. 2 - 990002…SPECIAL USE PERMIT PETITION #SP-2012-47 – ZEKE 

MENDLOWITZ 

SYNOPSIS: Special Use Permit for a medical waste transfer facility at 200 Funston Road. The 

applicant is requesting approval of a special use permit for a medical waste transfer facility. The 

property is currently a medical waste transfer station operated by Waste Management. It should 

be noted on this same agenda there is a Special Use Permit application (#SP-2012-40) WM 

Healthcare Solutions. The Planning Commission voted 9 to 0 to recommend approval of Special 

Use Permit Application #SP-2012-47, subject to: 


1. This application was original submitted by the applicant to operate a medical waste 

processing station, where they would actually treat the medical waste on site. Notifications 

were sent by mail to adjacent properties with that information. On October 8, 2012, the 

applicant requested to amend their application and requested to operate as a medical waste 

transfer station in the identical fashion to the current operation. New notifications were 

sent but there could still be some confusion. 

2. Staff does not believe that the traffic impacts would be significant. But this is based on 

the assumption that the same number of vehicle trips will match the existing business. 

During the last approval we were informed that the operation had 100+ tons of waste per 

week which equated to 25+ tractor/trailer loads per week. The applicant confirmed that the 

numbers are the same as the previous approval. 

3. Staff recommends approval of 10 years if Med Assure takes over for waste management. 


December 6, 2012

11 



B. Items that are conditions of approval (stipulations): None 



Action: 


approve Special Use Permit #SP-2012-47 for 10 years, subject to the 



ITEM NO. 3 - 120301…SPECIAL USE PERMIT PETITION #SP-2012-52 – PICK-N-PULL 

AUTO DISMANTLERS KANSAS CITY LLC 

SYNOPSIS: Special Use Permit for an auto salvage operation/retail sales at 1142 South 12th 

Street. Steen Heiskell with Pick-N-Pull Auto Dismantlers is requesting to operate a self-serve u- 

pull auto part salvage yard. The Planning Commission voted 9 to 0 to recommend approval of 

Special Use Permit Application #SP-2012-52, subject to: 

Urban Planning and Land Use Original Comments: 

Overall staff does not have too many issues with the request. But, we wanted to make sure that 

the aesthetic and maintenance issues were addressed and resolved. Below are Planning Staff’s 

original comments, followed by the applicant’s response, Public Works Comments and Staffs 

final comments. 

1) A plan that spells out specifically the improvements that will be made to the pavement 

The interior of the site is unpaved and appears to be mostly dirt. The ordinance no longer 

allows for vehicles to be parked or stored on an unimproved (unpaved) surface. This use is 

similar to #SP-2007-35 Insurance Auto Auction International at 2663 South 88th Street 

and #SP-2011-53 Midwest Scrap Management at 1811 Bayard Avenue. In those cases it 

was decided by the Commission that the applicants had to asphalt the whole site except for 

the pads that the salvaged cars are stored and any landscaped areas. The pads where the 

salvaged cars are stored were paved with asphalt millings. 

2) A plan that spells out what improvements and maintenance will be made to the fence and 

screening. From site visits and pictures there are areas of the fence that need some 

maintenance. Specifically the north solid fence and the south chain link fence. We believe 

December 6, 2012

12 

that the chain link fence should have slats installed to block views. The northern fence 

looks like it has some dents that may need to be hammered out. Some areas of the overall 

solid fences appear to need painting as well. 

3) An explanation of the exact process of how materials such as oil, antifreeze, gas, wiper 

fluid and used tires will be drained handled and disposed needs to be submitted. 

4) A management plan that clearly spells out how the property will be maintained so that it 

does not become an eyesore from 12th Street. To help the applicant get started, staff 

recommends that the site always have clear drive aisles that are free of vehicles and tools. 

The vehicles shall not be stacked. The fence and landscaping shall always be maintained. 

Basically, convince us through a well thought-out plan that your business will not become 

an unsightly junkyard that is located on one of our entryways into the city. 

Applicant response to Comments 

December 6, 2012


13


14


15

16 





1) UG Storm Water Quality Ordinance requires the treatment of areas that are defined 

in Appendix B of the MARC Manual for Stormwater Quality, as "Hotspots," 

Towed and wrecked vehicles fall into this category. 

The "dedicated" area of the Pick-N-Pull site which dismantles vehicles and drains fluids 

shall be updated as required to provide appropriate and acceptable BMP's required to meet 

UG requirements. 

(Typical methods may include, but are not limited to; berms, oil/water separators, 

containment systems, etc.) 

In an effort to eliminate design questions, scope of design work, concerns and design 

requirements, prior to A/E design effort, the A/E shall schedule a Pre-Design meeting with 

John Cygiel, Engineering Supervisor (573-5723) to discuss proposed acceptable design 

solutions. This issue must be resolved before a building permit for the lot improvements 

can be issued. 



Staff’s Final Comments 

The applicant has agreed or complied with all of staff comments. We recommend approval with 

the stipulations that they comply with all of the comments above and that they have until 

September 30, 2013 to complete the pavement improvements. 

Action: 


approve Special Use Permit #SP-2012-52 for two years, subject to the 



December 6, 2012

17 

TEM NO. 4 – 120302…SPECIAL USE PERMIT PETITION #SP-2012-53 – WINFRED 

ANDERSON 

SYNOPSIS: Special Use Permit for a dirt fill and Temporary Use of Land for Commercial 

Purposes for a truck weigh scale at 626R North 47th Street. Russell McNiff with BHC Rhodes is 

representing Anderson & Sons Trucking for this Special Use Permit that would allow for a dirt 

fill and a truck weigh scale on the northern portion of the “L’ shaped Twin Traffic Marking 

parcel. This property was approved for a similar Special Use Permit on March 3, 2011. Since 

that time the applicant added a truck weigh scale that was not a part of the approval. This 

application is seeking approval of the fill and the scale. The Planning Commission voted 9 to 0 to 

recommend approval of Special Use Permit Application #SP-2012-53, subject to: 


Below is the applicant’s letter that addresses Staff’s original comments, followed by Urban 

Planning and Public Works revised comments followed by Staff’s conclusion. 

December 6, 2012


18

19 

1. The submitted plan show the original contours of the property before fill was brought in. 

The applicant will need to submit a revised plan that shows today’s contours. (The 

applicant has submitted the requested plan and it has been approved) 

2. The scale must be removed once the fill is completed or the special use permit expires. 

(The applicant agrees to comply with this stipulation) 

3. The applicant must prevent any disturbance issues while grading. 





1) Construction drawings shall be reviewed and approved prior to UG approval and 

construction permitting. 



Staff’s Conclusion: 

The applicant has complied or agreed with all of staff’s comments. We recommend approval per 

the comments listed above. 

Action: 


approve Special Use Permit #SP-2012-53 for two years, subject to the 



VACATION APPLICATIONS 

ITEM NO. 1 – 120278…VACATION APPLICATION #A-2012-9 – LUKE KUSH WITH 

LUKE KUSH CORPORATION 

SYNOPSIS: Vacation of an alley at 1328 Minnesota Avenue. Raymond Kush is requesting to 

vacate the western portion of an alley behind 1300 and 1400 block of Minnesota Avenue. The 

Planning Commission voted 9 to 0 to recommend approval of Alley Vacation Application #A- 

2012-9, subject to: the applicant working with the Fire Department and Planning Department to 

provide access to the rear of the building, easements for utilities and sewer remain open, and a 

meeting taking place in the Planning Office this week between Mr. Vest, Mr. Kush and Mr. 

Rubble with Director Richardson. 

December 6, 2012

20 

Action: 


approve Vacation Application #A-2012-9. Roll call was taken and there were 

ten “Ayes,” Holland, Mendez, Barnes, McKiernan, Murguia, Maddox, Kane, 

Markley, Cooley, Ellison. 

ITEM NO. 2 – 120303...VACATION APPLICATION #U-2012-10 –RANDY WILBANKS 

SYNOPSIS: Vacation of utility easements at 12511 Farrow Avenue. The applicant, Randy 

Willbanks with Hartland Ventures is requesting a 10 foot utility easement that is between two 

platted lots. The Planning Commission voted 8 to 0 to recommend approval of Utility 

EasementVacation Application #U-2012-10. 

Action: 


approve Vacation Application #U-2012-10. Roll call was taken and there were 

ten “Ayes,” Holland, Mendez, Barnes, McKiernan, Murguia, Maddox, Kane, 


ITEM NO. 3 – 120304…VACATION APPLICATION #R/W-2012-11 – MARK ABELN 

SYNOPSIS: Vacation of right-of-way at 1801 Minnesota Avenue. The applicant, Mark Abeln 

for Abeln & Associates Architects wants to redevelop the southwest corner of 18th Street and 

Minnesota Avenue by vacating the railroad right-of-way that bisects the property in addition to 

preliminary plat the property located at 1801 Minnesota Avenue and 1816 Armstrong Avenue. 

The Planning Commission voted 8 to 0 to recommend approval of Right-Of-Way Vacation 

Application #R/W-2012-11, subject to: 


1. This proposed development is within the 500’ Environs of a Historic District, Westheight 

Manor. Since this property is conventionally zoned, during building permitting, a set of 

reduced plans will need to be sent to the State and reviewed by the State Historic 

Preservation Officer (SHPO). 

Applicant’s Response: Drawing PDFs were sent to Byron for submittal. 

2. The Master Plan designates this property as Mixed Use. The site plan does not conform to 

the City-Wide Master Plan. 

Applicant’s Response: Acknowledged. 

December 6, 2012

21 

Staff Response: If the applicant cannot comply with the City-Wide Master Plan, they will 

have to apply for a Master Plan Amendment. 

3. Based on the 9,002 square foot building, 36 parking spaces are required by ordinance. 

Only 31 are provided. A variance is required for a reduction in parking. 

Applicant’s Response: Acknowledged this was part of this application. 

4. This development will need to go through a final plat. While one was submitted, the final 

plat would have needed a replat. The title of the plat will be shorter and cleaner if the 

parcel is preliminary platted. 

When a final plat is submitted, staff will need utility plans and final engineering. 

Applicant’s Response: Acknowledged, but the final plat has been submitted as discussed 

and engineering is being addressed with Planning Engineering. 

Staff Response: The applicant will submit a final plat application pending approval of this 

petition. 

5. Per the Mixed-Use Design Guidelines within the City-Wide Master Plan the following 

applies: 

a. A minimum of 75% of buildings should have a zero foot setback. 

Applicant’s Response: Acknowledged. This is not obtainable as discussed with Byron. 

Staff Response: This can be accomplished if the building is orientated on the hard corner 

of the 18th Street and Minnesota Avenue intersection. 

b. Primary building facades should be parallel to the sidewalk. 

Applicant’s Response: Acknowledged. The front and east sides are parallel to the 

sidewalk. 

c. On-site parking will be located behind the buildings. 

Applicant’s Response: Acknowledged. This is not obtainable as discussed with Byron. 

Staff Response: On-site parking is not currently obtainable with the proposed building 

orientation, but if the building is relocated towards the hard corner of 18th Street and 

Minnesota Avenue, the majority of the parking can be located in the rear, behind the 

building. 

d. Trees are required in the public right-of-way along streets, at a minimum of one 

shade tree every forty (40) feet. 

Applicant’s Response: Acknowledged. See the revised plan SP-1. 

e. Commercial uses shall be permitted one wall sign and one monument sign. 

Freestanding pole/pylon signs are not permitted. 

December 6, 2012

22 


Per Sec 27-575(f)(3) Buildings should be oriented primarily to the street. While the building is 

orientated towards Minnesota Avenue, there is a large parking lot between the building and the 

corner of 18th Street. The proposed building is not on the corner of 18th Street and Minnesota 

Avenue. 


Staff Response: Staff believes that the building can be orientated towards the intersection of 18th 

Street and Minnesota Avenue, which is the overall intent of the Commercial Design Guidelines, 

specifically in redevelopment opportunities. 

Furthermore, the development is on the corner of two prominent intersections within the urban 

core. Per Sec. 27-575(f)(6) Corner buildings at gateways or prominent intersections shall be 

designed to emphasize the gateway or intersection location. This may include major architectural 

expression in the façade roof and/or massing, such as: 


b. Tower forms; 


d. Oversized windows. 


Staff Response: The applicant has added oversized windows on the east side of the building; 

however the building has yet to be moved towards the 18th Street and Minnesota Avenue 

intersection. 

6. The Unified Government Board of Commissioners stipulated that a maintenance 

agreement for landscaping, site clean up and graffiti must be provided for all Dollar 

General stores in Kansas City, Kansas prior to any further Dollar General approvals. This 

information needs to be submitted to the Urban Planning and Land Use staff by November 

27, 2012. 


Vacation: 


recommend approval: 

1) Storm and Sanitary Sewer concerns and issues regarding existing utilities, 

easements, etc. shall be addressed and approved by the UG prior to approval. 


December 6, 2012

23 

B) Items that are conditions of approval (stipulations): None 



The applicant’s response to staff’s questions and comments are in the attachments. While this 

property is zoned M-2 General Industrial District, the City-Wide Master Plan designates this 

property as Mixed-Use. The applicant stated that they will not be able to comply with the zero 

foot setback for 75% of the building and parking located behind the building. 

Additionally, the Commercial Design Guidelines state that buildings should be orientated 

primarily to the street. The applicant acknowledged the guidelines, but moving the building 

towards 18th Street is not possible. While the design of the site would change, the development 

can work if the building is on the corner of 18th Street and Minnesota Avenue. This must be 

addressed when plans are submitted for building permit review, otherwise a master plan 

amendment must be filed in addition to a variance request to the City Planning Commission from 

the Commercial Design Guidelines. 

As mentioned above, when the final plat is submitted, construction drawings will be included in 

the submittal. 

Action: 


to approve Right-of-Way Vacation Application #RW-2012-11, subject to the 



PLAN REVIEW APPLICATION 

ITEM NO. 1 – 120305...PLAN REVIEW PETITION #PR-2012-22 – MICHAEL KRESS 

WITH GENERATOR STUDIO 

SYNOPSIS: Preliminary and Final Plan Review for a restaurant with patio at 500 County Line 

Road. The applicant, Michael Kress for Generator Studio wants to redevelop this property by 

remodeling the vacant service station into an indoor/outdoor restaurant at 500 County Line Road. 

The Planning Commission voted 8 to 0 to recommend approval of Plan Review Application #PR- 

2012-22, subject to: 

NOTE: The applicant’s response is located in the attachments. 

Urban Planning and Land Use Comments 

December 6, 2012

24 

1. The indoor and outdoor seating area is 1,596 square feet. The service area is 784 square 

feet. Based on the parking ratio of one space for each 50 square feet of seating area, plus 

one space for each remaining 300 square feet of total floor area, 35 parking spaces are 

required. 24 parking spaces are shown on the site plan. Eleven parking spaces are needed 

through a parking agreement. 

Applicant’s Response: Please refer to attached “Parking Space License Agreement” 

executed on October 18, 2012. 

2. Sec. 27-576(e)(2) Exterior building materials shall not include the following: 

a. Split shakes, rough sawn, or board and batten wood; 

b. Vinyl siding; 

c. Smooth-faced grey concrete block, painted or stained concrete block, tilt-up 

concrete panels; 

d. Field painted or prefinished corrugated metal siding; 

e. Standard single-tee or double-tee concrete systems; or 

f. EIFS at the ground level or comprising more than 15 percent of any façade. 

Applicant’s Response: Please refer to item No. 4, below. 

3. Sec. 27-576(g)(3) Sloped roofs or canopies shall be covered with high quality roofing 

material such as approved by the director. Metal roofing is preferred, especially for small 

articulations. Asphalt is discouraged and wood roofing materials is prohibited. 

Applicant’s Response: Verified, based on staff commentary, above, we are requesting a 

variance for the use of slat wood. 

Staff Response: The applicant is proposing to use stained and sealed Douglas Fir slat wood 

around the perimeter of the door into the restaurant, the existing gas canopy columns and 

as cladding on the top of the canopy. Staff believes that because these additional features 

are minor in scale, as the majority of the building’s exterior is remaining unaltered, a 

variance in building materials is acceptable. 

4. While signage is not reviewed in total at this time, separate sign permits are required for 

the wall and monument or pylon signs. A monument sign must be at least 5 feet set back 

from the property line. A pylon sign must be at least 15 feet set back from the property 

line. 

Applicant’s Response: Acknowledged. A separate signage permit will be applied for that 

meets the criteria cited. 

5. Lighting may not exceed one (1) footcandle at the property line. 

December 6, 2012

25 

Applicant’s Response: Acknowledged. A final site lighting design shall not exceed one 

footcandle at property line(s). 

6. All exterior lighting shall have 90 degree cutoff fixtures. 

Applicant’s Response: Acknowledged. Exterior light fixture selections shall have a 90 

degree cutoff. 

7. Mechanical equipment or other utilities whether on the ground or mounted on the 

building shall be screened from public view. The screening shall either be dense 

landscaping with a minimum of six-foot evergreens or an architectural wall constructed 

from the same materials as the main building. 

a. Rooftop mechanical equipment shall be completely screened from public view by 

a parapet. 

Applicant’s Response: Acknowledged. Any roof top mechanical equipment shall be 

screened from view. No ground mounted mechanical equipment is planned at this time. 

8. Sec. 27-575(g)(3) All trash receptacles shall be enclosed with a screening wall or fence 

constructed of the same materials as the primary structure. The screen must be a minimum 

of six feet in height on all sides and designed with the gate facing away from streets or 

adjacent land uses. All screening materials must be well maintained at all times. 

Applicant’s Response: Acknowledged. The trash receptacles shall be designed to the 

standards identified in Sec. 27-575(g)(3). 

9. Sec. 27-577(a)(5) Landscaping shall exceed the typical code requirements by at least 75 

percent. 

a. All deciduous trees shall be at least 2” caliper when planted. All evergreens must 

be at least 6’ in height when planted. All shrubs along the exterior of the site must 

be planted at a minimum of 5 gallons. Internal shrubs must be planted at a 

minimum of 3 gallons. 

Applicant’s Response: Please refer to attached sheet L1, Landscape Plan dated 10/29/12. 

The planting requirements were met to the greatest degree possible for frontage trees 

without compromising the site triangle requirements for clear line of site at a corner. 

10. Landscaping shall be irrigated. 

Applicant’s Response: Acknowledged. Landscaping shall be irrigated. 

11. The architectural site plan indicates a pad for a food truck while the building elevations 

show a photograph of a mobile bar – modified trailer. Are you proposing to keep a food 

December 6, 2012

26 

truck or trailer on the premise? If a food truck is going to be kept on the property, it must 

be screened from public view. 

Applicant’s Response: 

Applicant’s Response: Approval pending meeting at Westwood City Hall. At present there 

is no plan to place a mobile trailer on the site. Should the owner ultimately decide to 

pursue inclusion of a food truck on site, we shall go through the proper licensing channels 

at that time and meet whatever screening requirements deemed necessary for any final 

selection of a vehicle. As a clarification, the mobile trailer pictorial reference was on the 

plans as a precedent image for the seasonal/mobile service cabana, beneath the 

southward canopy. 

12. Confirmation of approval from the 47th and Mission Road Committee. Friday, November 

2, 2012 at 3:30 P.M. 

Staff Response: Staff received confirmation of approval from the 47th and Mission Road 

Committee for Big Papi Taco, although there are six stipulations that shall be incorporated 

in the building permit plans should this petition be approved: 

a. Continuous Building Frontage: Article VI, Section 1, Paragraph D addresses 

courtyards, patios or side parking by suggesting a wall be constructed out of the 

same material as the building façade. The current building does have some stone 

accents. From a consistency and guideline implementation standpoint, the 

Committee suggests this wall be dry-laid limestone, similar to what was previously 

required of the remodeled site at 47th and Fisher. 

b. Sidewalk: The application indicates a proposed 5 foot wide sidewalk around the 

intersection’s corner and extending to the two proposed parking entrances. Article 

VI, Section 2, Paragraph A, requires a continuous sidewalk along the frontage of 

the lot that is a minimum of 10 foot wide. Given the anticipated increase in 

pedestrian traffic, we suggest including a 2 foot wide buffer within this 10 foot 

distance from the back of curb. We would strongly encourage a turf grass strip 

similar to the streetscape design established in Westwood at this high profile 

corner. The sidewalk is required to extend to the north and west ends of the lot, 

(beyond the entry drives). 

c. Drive Entry: Although the south drive entry’s width was not clearly indicated on 

the plans, it appeared to match the parking lot drive width of 25 feet. Article VI, 

Section 2, Paragraph C, limits driveways to 24 feet for two-way access. 

December 6, 2012

27 

d. Parking: The applicant explained that an agreement has been reached with the 

property owner across County Line Road to the south for the additional parking 

spaces required by code. Although the committee encourages the practice of 

shared parking. Article VI, Section 3, Paragraph C of our overlay’s ordinance 

requires that the written agreement between parties must be approved by the 

participating jurisdictions. The applicant submitted the legal agreement to Roeland 

Park for their review on November 5, 2012. 

e. Bicycle Parking: The applicant indicated they intend to include bicycle parking; 

this is encouraged under Section 3, Paragraph E. 

f. Signage: The proposed pylon sign near the southeast corner of the property does 

not conform to Article VI, Section 6, Paragraph C of the ordinance that prohibits 

monument signs exceeding 4 feet in height and 40 square feet in area. These signs 

must also be externally illuminated. 



recommend approval: 

1) Construction drawings shall be reviewed and approved prior to UG approval and 

construction permitting. 

Applicant’s Response: Acknowledged. Proper documents will be submitted for permit 

prior to construction. 

2) Final UG approval cannot be made without the review of the existing sanitary sewer 

service line. Existing sanitary service line shall be located and shown on Plans. (Service 

lines shall not cross private property.) Service line shall be videoed for condition. Report 

of condition and video shall be submitted to the UG in the form of a certified PACP 

written report for review and approval of potential re-use. 

Applicant’s Response: Prior to submission of a building permit, a report of conditioning 

and video will be submitted. 

B) Items that are conditions of approval (stipulations): None 



December 6, 2012

28 

Staff Conclusion 

The applicant has provided a signed parking agreement with the property owner of 3103 West 

47th Street for the use of 12 parking spaces, which is within 100 feet of the 500 County Line 

Road per Sec. 27-671 and Sec. 27-672. Currently, the business at 3103 West 47th Street is general 

office, which has a lower rate of turn over, and its hours of operation are more likely to be 

between 8:00 AM – 5:00 PM, Monday through Friday. 

However, the parking agreement has not been reviewed and approved by the City of Roeland 

Park, which the applicant gave to the City on November 5, 2012. 

Staff understands that the proposed use, a restaurant that has the option of walkup orders and sit 

down service will likely generate high turnover, causing congestion on the property. This is really 

no different than the gas station and Oklahoma Joe’s restaurant across the street at 3002 West 

47th Street. Per our parking ordinance and the square footage provided by the applicant, they have 

succeeded in obtaining the number of required parking spaces. 

This reuse of this property, with the incorporated stipulations approved by the 47th and Mission 

Road Committee can be an example that adaptive reuse of vacant commercial buildings and 

properties is indeed possible along County Line Road or Mission Road. 

Michael Kress, 5300 Belleview, Kansas City, MO, asked what is the set-aside request for. We 

have already been through Planning Commission. 

Mayor Reardon stated that the process is as you come forward tonight, the Planning 

Commission has unanimously approved your application recommending it for approval. This 

body can do the actions that Ms. Cobbins explained before. Because there was a set-aside it gives 

you an opportunity to make presentation to this body. It would be safe to assume that we’ve had 

your application and we’ve been able to review it but we haven’t heard you orally present. Once 

that opportunity is done, we’ll allow anyone to speak including the individual that set this item 

aside. When we close the public hearing you will have an opportunity to respond to whatever you 

hear in the public hearing. 

December 6, 2012

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Mr. Kress stated just a brief synopsis of the project. I am the architect of record. I am not the 

developer for the project. It is a new fast-casual restaurant on the corner of 47 th & Mission Rd. 

directly west of property you all know as Oklahoma Joe’s. It is being brought to market by Bread 

& Butter Concepts. The same guys behind BRGR Urban Table and Graham and Dun on the 

plaza. It is a new concept. They are patio driven. There is a lot of exterior seats in addition to 

interior eating, new concept for the Bread & Butter Concepts. This will be the flag shift store. 

The plan then is to take this to market and franchise it. The site was selected because of the 

unique nature of the gas station and the canopies and the shelter they offer underneath for the 

patio driven audience they hope to entertain there. We are significantly improving the 

neighborhood in that this is kind of a gas station that has set in that state for many years and our 

investment will improve that corner dramatically. In addition, we went through the Overlay 

District of 47 th & Mission and presented to them as we are required to on what our plan was, 

listened to their requirements or requests and we were able to incorporate some of that into the 

final submission. In fact, when we presented to the Planning Commission here three weeks ago a 

gentlemen who sits on that board came in support of the development. The plan is to open in 

early spring. To that end, we hope we can make it through tonight and submit for a permit here 

within the next three weeks. 

Mayor Reardon asked do we have pictures of what this site looks like in its existing form. What 

is going on the site right now? You are the architect right? Mr. Kress stated yes. Mayor 

Reardon stated you are going to operate a restaurant out of here. Is it safe to assume that you 

will be making major improvements to the way that it looks? Mr. Kress stated that is correct. 

Mayor Reardon or you guys just going to put some tables out front. Mr. Kress stated no. There 

are significant improvement to the exterior. The entire exterior is being repainted, taking off all 

the paint that is currently on the roof shingles and putting a new face on it. In addition, we are 

adding a complete patio enclosure on the main corner there that will house everything from picnic 

tables to bocce ball courts, some new dramatic site lighting so I think it is safe to say that it is 

going to be a dramatic improvement. I guess from a site engineering standpoint we are taking a 

site that is currently 100% asphalt and taking the greater majority of that that’s not dedicated to 

parking and turning that into brick favors and other materials. I think we are helping the situation 

from the way you currently know it from a site engineering standpoint. 

Mayor Reardon opened the public hearing. 

December 6, 2012

30 

No one appeared. 

The following appeared in opposition: 

Jerry Chall, 4628 Mission Rd., stated I own 520 County Line Rd. also. My concern here is the 

parking situation. We’ve already got a scenario with Oklahoma Joes’ that we’ve got problems 

with. They’ve moved across the street which is in Johnson County for their parking across the 

street and required 12 parking spots is my understanding. If you go to Roeland Park’s zoning, he 

doesn’t meet for retail, he doesn’t meet the parking requirements as it is today, yet he is given up 

12 parking sports on there. If you read the agreement that they have, the agreement just says that 

they can cancel this at anytime. It’s not an agreement that’s a day from now or a year from now 

he can cancel tomorrow, if he’s upset he can cancel it. That puts all the parking back on me. 

We’ve already got a problem with Oklahoma Joe’s across the street with parking and that’s not 

helpful to the neighborhood, that’s a detriment to the neighborhood. How can he give these 

parking spots up if Roeland Park requires that for him to have that for his property? 

Mayor Reardon closed the public hearing. 

Mr. Kress stated my only response is I can’t address Oklahoma Joe’s issue with that. It has 

nothing to do with my application. I can address that I exercised the mechanics within the code 

and working with staff here to get a parking agreement in place. It is in fact across the street but 

it does meet the 100 ft. from property line requirement that are required for off-site parking for 

visitors. I guess to reframe that, in order to accommodate off-site parking it has to be 100 ft. from 

the property line for visitors and 300 ft. for workers. Within that 100 ft. we were able to capture 

those spots across the way. In my meeting with the neighborhood committee, the Mayor of 

Roeland Park was there and I made her aware of this and she asked me for a copy of the parking 

agreement which I forwarded to her, and this was six weeks ago now, and I haven’t heard 

anything. My statement is that I utilized the mechanics of the code as we know it to get the 

parking. 

Mayor Reardon stated this is for the staff, for the record, you have pulled up an aerial slot and it 

looks like a daytime shot to me, is that correct? Mr. Richardson stated yes. Mayor Reardon 

stated I am just noticing where parking is and is not. I know it is a snapshot in time. It looks 

there is a lot of parking over at Oklahoma Joes’ being used and there is obviously cars being 

December 6, 2012

epaired on the site of this garage. I am not seeing many cars anywhere else as I look at the photo 

itself. 

31 

Commissioner Mendez asked Rob, how many parking spaces do you require to install for his 

operation? Mr. Richardson stated 35 spaces are required based on the square footage of the 

restaurant use. He has 24 on-site and they have the parking agreement across the street for 11 

more to meet the 35 required. 

Commissioner Kane asked Rob this meets all our requirements correct? Mr. Richardson stated 

yes, provided that we don’t receive something from the city of Roeland Park that says they object 

to the agreement. 

Mayor Reardon stated after hearing everything tonight and looking over the material I think this 

will be a major upgrade to the corner and offer an amenity that’s complimentary to some of the 

good positive things that are going on along this corridor. I’m personally excited about it and if 

we end up having more of a parking issue, I agree there could be parking issues in this area, they 

already do exist. We probably need to come together and work in more a dynamic way with all 

the businesses in the area to try to make sure that we are accommodating parking issues but 

allowing businesses to open up and flourish as well. I got to believe there is a way to do this. 

I’m in support. 

Action: 

Commissioner Kane made a motion, seconded by Commissioner Murguia, to 

approve Plan Review Petition #PR-2012-22, subject to the stipulations. Roll 

call was taken and there were ten “Ayes,” Holland, Mendez, Barnes, McKiernan, 

Murguia, Maddox, Kane, Markley, Cooley, Ellison. 

MASTER PLAN AMENDMENTS 

ITEM NO. – 120207…MASTER PLAN AMENDMENT #MP-2012-7 – JEFFREY 

ZIMMERMAN 

SYNOPSIS: Master Plan Amendment from Mixed Use to Commercial at 6865 State Avenue. 

Action: This was heard with COZ #3036. 

December 6, 2012

32 

ITEM NO. 2 – 120297...MASTER PLAN AMENDMENT #MP-2012-9– JOSE ANGEL 

MARTINEZ 

SYNOPSIS: Master Plan Amendment from Neighborhood Residential to Urban Residential at 

813 North 10th Street. 

Action: This was heard with COZ #3040. 

MISCELLANEOUS 

ITEM NO. 1…AMENDMENTS 

SYNOPSIS: CONSIDERATION OF CERTAIN AMENDMENTS to Chapter 27, Section 

616, Planning and Development of the Kansas City, Kansas Code of Ordinances, generally to 

allow wind turbines in certain zoning districts. The Planning Commission voted 8 to 0 to 

recommend approval of this ordinance amendment. Staff have had request over the years to 

formulate a zoning ordinance amendment that would allow wind power generators throughout the 

City. On August 25, 2010 the Board of Commissioners approved an ordinance that allowed wind 

turbines in industrial areas. The proposal is an amendment to the accessory use section of the 

code that expands the use of wind power generators to every zoning classification in the city. 

Procedurally, wind power generators will be reviewed either by plan review or in the case of a 

proposal in an unplanned zoning district through the building permit. 

Action: 


approve. Roll call was taken and there were ten “Ayes,” Holland, Mendez, 


PLANNING AND ZONING NON-CONSENT AGENDA 

SPECIAL USE PERMIT APPLICATION 

ITEM NO. 1 – 120298….SPECIAL USE PERMIT APPLICATION #SP-2012-46 – 

MICHAEL W. COLE 

SYNOPSIS: Home Occupation Special Use Permit for internet gun sales at 5304 Yecker Avenue. 

The applicant, Michael Cole is seeking special use permit approval to operate an internet based 

firearms sales and appraisal business out of his home. The Planning Commission voted 8 to 1 to 

recommend approval of Special Use Permit Application #SP-2012-46, subject to: 

Urban Planning and Land Use Comments 

December 6, 2012

33 

Currently there is a total of four special use permits for firearms sales out of a home in the city. 

There have only been a total of five in the history of the city. Since 2006, the comments, 

restrictions and stipulation below have been used for all cases. 

Amount of inventory on the premises 

Staff would like to know the maximum number of “for sale” firearms that are on the premises at 

one time. This number, set by the applicant at this time, will be the limit that the city will 

approve. (The applicant stated in the response below that there will be no more than 30 firearms 

for sale at any one time. He would also like to stress that the business is internet based) 

Ammunition 

Will ammunition be sold on the premises? (The applicant stated in the response that ammunition 

would not be sold and will only be on the premises for personal use.) 

Restrictions 

If approved staff recommends the following stipulations. 

The applicant shall have: 

1. No signs. 

2. No employees other than members of the immediate family residing on the premises. 

3. No more than two clients at any one time. 

4. Hours of operation being M-F 9 a.m. to 1:30 p.m. and Saturday and Sunday from 10:00 

a.m. to 3:00 p.m. 

5. Ammunition on the premises shall be limited to the amount that is for the applicant’s 

personal use only. 

6. Approval is for two years. 

The applicant has agreed to theses stipulations. 


No comments. 

Michael Cole, 5304 Yecker, stated what I am asking for is a special use permit for internet based 

home business for firearms through the various programs online that are already established like 

GunBroker and GunsAmerica. All I would have to do is just list them and sell them that way. 

December 6, 2012

34 

Commissioner Ellison stated I happen to live around the corner from you on Nogard and I’ve 

read through this and you got vaults and that kind of thing and you’ll be certified by ATF. My 

only questions with guns, if I should order a gun from you, what about my psychiatric psychotic 

condition? Will you know who you are selling to? In view of what has been going on the last 

couple of months - Mr. Cole stated I’m not a psychiatrist and none of the dealers know that when 

we sell them. I go through ATF like any other gun dealer would or any other Cabela’s or any 

other place that sells firearms. I want to point out that I do not have my application. This was 

like the first step in applying for it so if approved here, I still have to apply for my ATF license. I 

have to call it in like anybody else. I just want to say my home is well equipped with a vault, 

security doors, burglar alarm so I don’t think there is any risk. As far as traffic is concerned, it’s 

by appointment only. I am abiding by the rules of the board. I think I am fine there with the 

neighborhood. 

Commissioner Murguia asked are you eventually interested in moving this business to a 

storefront in more of a commercial area or residential area? Mr. Cole stated I am. 

Commissioner Murguia stated can you anticipate how long it would be before you think you 

might be ready to do that. Mr. Cole stated I’m thinking a couple of years. Commissioner 

Murguia asked Rob, could you tell me how long this special use permit is for? Mr. Richardson 

stated the initial period on a special use permit is two years by code. Commissioner Murguia 

stated what you are saying, just for the record, is that probably at the end of this special use permit 

you’ll probably be ready to move to a commercial area to do this kind of business. Mr. Cole 

stated I hope so. 


No one appeared in support of. 

The following appeared in opposition: 

Tresa Mcalhaney, stated I was just recently appointed the Wyandotte County Chair for the 

Libertarian Party. It is my understanding that you all have been sent a letter about our second 

amendment upholding the open-carry law that is in this state. This is a gun rights matter. You are 

going to hopefully give this guy a chance to have his business. I just wanted to ask for the record 

December 6, 2012

what’s up with you guys not answering our letter to each and every one of you, I assume. I 

understand we sent a letter asking. 

35 

Mayor Reardon stated we appreciate your comments directed to the application tonight which is 

really the only matter that we are hearing this evening. We would like to talk to you about that 

issue. We would ask for you to get with the Clerk this evening or you can call tomorrow and if 

you submit a request to appear before the appropriate standing committee, you can make full 

presentation on the letter that you delivered to us and have the conversation that you are wanting 

to have but that is the appropriate form for that The Planning and Zoning meeting is not the 

place where we can address the issue that you are speaking to with respect to the letter. Ms. 

Mcalhaney stated I just wanted to give our support. Mayor Reardon stated we look forward to 

hearing from you on the matter later. 


Action: 

Commissioner Kane made a motion, seconded by Commissioner Ellison, to 

approve Special Use Permit Application #AP-2012-46 for two years, subject to 

the stipulations. Roll call was taken and there were nine “Ayes,” Holland, 

Mendez, Barnes, McKiernan, Murguia, Kane, Markley, Cooley, Ellison. 

Commissioner Maddox voted no. 

NON-PLANNING AGENDA 

MAYOR'S AGENDA 

No items 

Mayor Reardon asked if there were any set-asides on the Consent Agenda. There were none. 

Commissioner Kane made a motion, seconded by Commissioner McKiernan, to approve the 

Consent Agenda. Roll call was taken and there were ten “Ayes,” Holland, Mendez, Barnes, 

McKiernan, Murguia, Maddox, Kane, Markley, Cooley, Ellison. 

CONSENT AGENDA 

ITEM NO. 1 – 120310… 2013 STATE AND FEDERAL LEGISLATIVE PROGRAMS 

December 6, 2012

36 

Synopsis: The 2013 Unified Government State Legislative program and Federal Legislative 

Agenda, submitted by Mike Taylor, Public Relations Director. The State and Federal Legislative 

Programs were presented to the commission and discussed during a special session on November 

15, 2012. 

Action: 


to approve. Roll call was taken and there were ten “Ayes,” Holland, Mendez, 


ITEM NO. 2 – 120292…GRANT APPLICATION: FETAL INFANT MORTALITY 

REVIEW 

Synopsis: Grant application to Kansas Action for Children for a five-year project in the amount 

of $418,250 for Fetal Infant Mortality Review (FIMR), submitted by Joe Connor, Director of 

Public Health. On November 13, 2012, the Administration and Human Services Standing 

Committee, chaired by Commissioner Mendez, voted unanimously to approve and forward to full 

commission. 

Action: 




ITEM NO. 3 – 120059…PLAT: LEGENDS AUTO MALL 

Synopsis: Plat of Legends Auto Mall located at 99th and Parallel Parkway and being developed 

by KCK Development II, Inc., submitted by L. Allen Greenwood, Surveyor, and William 

Heatherman, County Engineer. 

Action: 


to approve and authorize Mayor to sign said plat. Roll call was taken and there 

were ten “Ayes,” Holland, Mendez, Barnes, McKiernan, Murguia, Maddox, Kane, 


ITEM NO. 4 – 970013…APPOINTMENTS: BOARDS AND COMMISSIONS 

Synopsis: Appointment/Reappointments to Boards and Commissions: 

December 6, 2012

37 

Reappointment of Joan DeMoss to Law Enforcement Advisory Board, 12/6/12 -6/30/14, 

submitted by Commissioner McKiernan 

Reappointment of Mary Ann Flunder to Wyandotte/Leavenworth Area Wide Advisory Council 

on the Aging, 12/6/12 - 10/1/14, submitted by Commissioner McKiernan 

Appointment of Bill Rogers to Housing Authority, 12/6/12 - 10/1/15, submitted by Commissioner 

Murguia 

Action: 




ITEM NO. 5 - MINUTES 

Synopsis: Minutes from Special Session of November 15, 2012. 

Action: 




ITEM NO. 6 - WEEKLY BUSINESS MATERIAL 

Synopsis: Weekly business material dated November 15 and November 29, 2012. 

Action: 


to approve and authorize fund transfers. Roll call was taken and there were ten 



PUBLIC HEARING AGENDA 

ITEM NO. 1 – 120324…PUBLIC HEARING/ORDINANCE: ZEOLYST/PQ 

INTERNATIONAL 

Synopsis: Zeolyst International/PQ Corp is committed to a $52M expansion of their 

manufacturing plant located at 1700 Kansas Ave. Board of Commissioners previously approved 

an EDX 70% tax abatement on August 19, 2010 (O-47-10). Subsequent application denied by 

December 6, 2012

COTA due to ownership issue under Kansas General Partnership. Staff is recommending the 

same 70% abatement, delivered via IRBs. 

Action items: 

• Conduct Public Hearing 

• Consider Ordinance authorizing issuance of IRBs 

38 

Mayor Reardon stated this item has been previously approved by us on August 19, 2010. Given 

the tax structure of the general partnership of the Court of Tax Appeals rejected the request for 

EDX and now we are recommending using IRB’s. This is purely a technical change. 

Presentation can be made by Mr. Brajkovic on this item if there is anything additional to be made 

in reference to this one. 

George Brajkovic, Director of Economic Development, stated Mayor you summarized it very 

well. 




Action: 

ORDINANCE NO. O-63-12, “An ordinance authorizing the Unified Government 

of Wyandotte County/Kansas City, Kansas, to issue Taxable Industrial Revenue 

Bonds (PQ Corporation Project), in a principal amount not to exceed $52,000,000, 

for the purpose of providing funds to pay the cost of acquiring, improving, 

constructing, installing and equipping of an industrial facility, including land, 

buildings, structures, improvements and fixtures; authorizing the Unified 

Government to enter into a lease agreement with PQ Corporation; authorizing the 

Unified Government to enter into a bond purchase agreement in connection with 

such bonds, and authorizing and approving the execution of certain documents and 

the taking of other actions in connection with the issuance of the bonds. 

Commissioner Cooley made a motion, seconded by Commissioner Murguia, 

to approve the ordinance. Roll Call was taken and there were ten “Ayes,” 

December 6, 2012

Holland, Mendez, Barnes, McKiernan, Murguia, Maddox, Kane, Markley, Cooley, 

Ellison. 

39 

Commissioner Murguia left the meeting at 7:35 

ITEM NO. 2 - 120325…PUBLIC HEARING/2 ORDINANCES: METROPOLITAN 

REDEVELOPMENT DISTRICT 

Synopsis: On November 15, 2012, Board of Commissioners approved the Amended 

Development Agreement for Project Area 1 of the Metropolitan Ave Redevelopment District, 

including the use of both Home Rule Sales Tax and TIF bonds. The request for bonding is split 

among a $950k Home Rule Sales Tax and $650k in TIF property tax bonds, based on a twenty 

year Property Value schedule agreed to by Developer. To that end, the Commission must conduct 

a public hearing to consider a revised Redevelopment Project Plan that contemplates the issuance 

of full faith and credit bonds; and subsequently pass ordinance approving the Revised Project 

plan. Additionally, pass ordinance regarding Home Rule grant and bonds. 

Action items: 

• Conduct public hearing on revised Redevelopment Project Plan 

• Consider Ordinance adopting revised Redevelopment Project Plan 

• Consider ordinance regarding Home Rule grant and issuance of GO bonds 

Mayor Reardon stated we set the public hearing at a meeting on November 15 for this public 

hearing. Mr. Brajkovic is here to provide a brief introduction of the item and then answer any 

questions commission may have and we will then open the public hearing. 

George Brajkovic, Director of Economic Development, stated you all have seen this project 

numerous times. We are coming back tonight because as you might recall the development 

agreement that was approved by you, as a board, on November 15 included a provision that took 

this project from a pay-as-you go to a request for bonds to be issued to help finance what is called 

Project Area 1 of the Metropolitan Avenue Redevelopment TIF District. There is an existing 

Dollar General within Project Area 1. The request for bonding is to construct the 15,000 sq. ft. 

grocery store where Save-A-Lot has signed a ten-year lease to occupy that building. That 

building to be constructed by Argentine Betterment Incorporation. As the Mayor mentioned we 

are here tonight to conduct a public hearing to consider the revised redevelopment project plan 

that would include the use of General Obligation Bonds for this project. At the conclusion of that 

December 6, 2012

40 

public hearing, if you so see fit, to consider and pass an ordinance that would approve that revised 

plan and a separate ordinance regarding the home rule grant and the use of General Obligation 

Bonds from that. The overall request for the bonds is a total of $1.6M divided between property 

tax TIF of $650,000 and the home rule sales tax agreement $950,000. Overall, no changes in the 

development agreement. There is still the prevailing wage aspect and the L/M/W participation 

goals. There are three conditions that need to be met by the developer before the issuance of 

these bonds and those are listed, a trust account established where all the funding sources go into 

a trust account to ensure there is enough funds there to actually construct this building. Secondly, 

building permits and the other governmental approvals need to be obtained. Third, the developer 

has entered into a guaranteed maximum price with their contractor and that there is a completion 

guarantee offered by that contractor as well. The developer’s attorney is here tonight and is 

available for comments if needed. 




Action: 

ORDINANCE NO. O-64-12, “An ordinance adopting a Revised Redevelopment 

Project Plan for Project Area 1 within the Metropolitan Avenue Redevelopment 

District, in the city of Kansas City, Kansas. Commissioner Kane made a motion, 

seconded by Commissioner Barnes, to approve the ordinance. Roll call was 

taken and there were nine “Ayes,” Holland, Mendez, Barnes, McKiernan, Maddox, 

Kane, Markley, Cooley, Ellison. 

Action: 

ORDINANCE NO. O-65-12, “A Home Rule ordinance of the of the Unified 

Government of Wyandotte County/Kansas City, Kansas, authorizing the making of 

a grant to the Argentine Betterment Corporation for economic development 

purposes; and authorizing the issuance of Taxable General Obligation Bonds to 

pay the costs thereof.” Commissioner Kane made a motion, seconded by 

Commissioner Ellison, to approve the ordinance. Roll call was taken and there 

December 6, 2012

were nine “Ayes,” Holland, Mendez, Barnes, McKiernan, Maddox, Kane, 


41 

Commissioner Murguia returned to the meeting at 7:37. 

STANDING COMMITTEES' AGENDA 

ITEM NO. 1 – 120314…RESOLUTION: WYCO EMERGENCY COMMUNICATIONS 

PROJECT 

Synopsis: A home rule resolution of the Unified Government authorizing the acquisition and 

construction of an emergency communication system to service the County; and authorizing the 

issuance of general obligation bonds for the equipment acquisition, submitted by Bob Evans, 

Director of Emergency Management. This item was scheduled to appear before the Economic 

Development and Finance Standing Committee, chaired by Commissioner Holland, on December 

3, 2012. It was requested, and approved by the Mayor, that this item be fast tracked to the 

December 6, 2012 full commission meeting. 

Mayor Reardon stated we did have a presentation at a 5:00 p.m. in a special meeting, opened to 

the public. Members of the public were present. 

Action: 

RESOLUTION NO. R-111-12, “A home rule resolution of the Unified 

Government of Wyandotte County/Kansas City, Kansas, authorizing the 

acquisition and construction of an emergency communication system to serve the 

county; and authorizing the issuance of General Obligation Bonds of the Unified 

Government to finance the costs of the same.” Commissioner Holland made a 

motion, seconded by Commissioner Kane, to adopt the resolution. Roll call 

was taken and there were ten “Ayes,” Holland, Mendez, Barnes, McKiernan, 


ITEM NO. 2 – 120315…RESOLUTION: FINANCING OF THE RADIO 

COMMUNICATIONS PROJECT 

Synopsis: A resolution authorizing the design, construction, and equipping a 911 dispatch center 

and related communications facilities for Wyandotte County, Kansas and requesting the Public 

Building Commission of the Unified Government of Wyandotte County/Kansas City, KS to issue 

December 6, 2012

42 

revenue bonds for the purpose of paying the costs, submitted by Lew Levin, Chief Financial 

Officer. This item was scheduled to appear before the Economic Development and Finance 

Standing Committee, chaired by Commissioner Holland, on December 3, 2012. It was requested, 

and approved by the Mayor, that this item be fast tracked to the December 6, 2012 full 

commission meeting. 

Action: 

RESOLUTION NO. R-112-12, “A resolution authorizing the design, construction 

and equipping of a 911 Dispatch Center and related emergency communication 

facilities for Wyandotte County, Kansas; and requesting the Public Building 

Commission of the Unified Government of Wyandotte County/Kansas City, 

Kansas to issue Revenue Bonds for the purpose of paying the costs thereof.” 

Commissioner Holland made a motion, seconded by Commissioner Kane, to 

adopt the resolution. Roll call was taken and there were ten “Ayes,” Holland, 

Mendez, Barnes, McKiernan, Murguia, Maddox, Kane, Markley, Cooley, Ellison. 

Doug Bach, Deputy County Administrator, stated with the approval of that item the Public 

Building Commission will meet on Monday, December 10 at 10:00 a.m. in the 9 th floor 

conference room of this building. 

ADMINISTRATOR'S AGENDA 

ITEM NO. 1 – 120326…RESOLUTION: MEMORANDUM OF UNDERSTANDING WITH 

THE LABORER’S INTERNATIONAL 

Synopsis: A resolution authorizing the execution of the Memorandum of Agreement between the 

Unified Government and the Laborers’ International of North America Public Service Employees 

(PSEU), submitted by Jody Boeding. Chief Counsel. The union has ratified the contract. 

Commissioner Murguia asked the 80 hours that is talked about in this document. Can that 80 

hours only be used after January 1, 2013. I was just curious, can you tell me why? Jody 

Boeding, Chief Legal Counsel, stated this contract is for the period starting January 1, 2013 

through December 31, 2015. Commissioner Murguia stated okay. 

December 6, 2012

43 

Action: 

RESOLUTION NO. R-113-12, “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 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 the Memorandum of Agreement between the Unified 

Government of Wyandotte County/Kansas City, Kansas, and the Laborers’ 

International Union of North America (LIUNA) Public Service Employees, Local 

Union 1290PE, for the period 2013-2015.” Commissioner Holland made a 

motion, seconded by Commissioner Ellison, to adopt the resolution. Roll call 

was taken and there were ten “Ayes,” Holland, Mendez, Barnes, McKiernan, 


COMMISSIONERS' AGENDA 

No items 

LAND BANK BOARD OF TRUSTEES' CONSENT AGENDA 

No item 

MAYOR REARDON ADJOURNED 


DECEMBER 6, 2012 



tk 

December 6, 2012

STATE OF KANSAS ) 

WYANDOTTE COUNTY )) SS SPECIAL SESSION, THURSDAY, DECEMBER 20, 2012 

CITY OF KANSAS CITY, KS ) 

The Unified Government Commission of Wyandotte County/Kansas City, 

Kansas, met in special session, Thursday, December 20, 2012, with eight members 

present: Holland, Commissioner At-Large First District; Mendez, Commissioner At- 

Large Second District and Mayor Pro-Tem presiding; McKiernan, Commissioner Second 

District; Murguia, Commissioner Third District (arrived at 5:07 p.m.); Maddox, 

Commissioner Fourth District; Kane, Commissioner Fifth District; Markley, 

Commissioner Sixth District; Cooley, Commissioner Seventh District. Barnes, 

Commissioner First District; Ellison, Commissioner Eight District; and Reardon, 

Mayor/CEO; were absent. The following officials were also in attendance: Dennis Hays, 

County Administrator; Doug Bach, Deputy County Administrator; Jody Boeding, Chief 

Legal Counsel; Bridgette Cobbins, Unified Government Clerk; Gordon Criswell, 

Assistant County Administrator; Lew Levin, Chief Financial Officer; Reginald Lindsey, 

Budget Director; Don Ash, Sheriff; Sharon McMillan, Commissioner Liaison; John 

Jurcyk, Sr. Policy Advisor to the Mayor; Lt. Col. Bob Gunja, Division Commander for 

Community and Support Services Division; Major Randy Beery, Executive Officer for 

the Operations Division; and Jeff Fewell, Jail Administrator. 

MAYOR PRO-TEM MENDEZ called the meeting to order. 

ROLL CALL: Holland, McKiernan, Maddox, Kane, Markley, Cooley, Mendez. 

NOTICE OF SPECIAL MEETING of the Unified Government of Wyandotte 

County/Kansas City, Kansas, to be held Thursday, December 20, 2012, at 5:00 p.m. in 

the 9 th floor training room of the Municipal Office Building for a presentation by Sheriff 

Ash regarding restructuring of the Sheriff’s Office followed by a review of commission 

travel.

2 

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 we, the governing body, shall 

meet at the time and place therein specified and for the purpose therein stated. 

Presentation by Sheriff Ash 

Sheriff Don Ash said the purpose of being here tonight is to share with you our 

Operations Division reorganization. We have put a lot of analysis and development into 

thinking about a better way to provide all the services that the Sheriff’s Office is required 

to provide out in the community, out in the patrol areas if you will. 

We will show you what our current organization and configuration is, we will talk about 

how we are restructuring that and we will talk a little bit about the benefits we see in 

doing that and then we will answer any questions you have. 

December 20, 2012

3 

Sheriff Ash said this is our organizational chart that we are proposing. I know you are 

not going to be able to read that from where you are but it will depict the main thing I’m 

trying to show you which is we are going to reorganize the Sheriff’s Office into three 

large divisions and one support division. First of all everybody above this line (pointing 

to the chart) works directly for me and works in Sheriff’s Administration and that is 

Linda Hendricks and Michelle Terrazas. They take care of our budget and pay the bills; 

Lt. Bailiff is in Planning and Community Relations. The Undersheriff directly oversees 

the Sheriff’s Emergency Response Team and professional standards as needed. 

From there we come down to the Community Support Services Division which is Col. 

Gunja and Major Jim Eickoff is his executive officer and they are responsible for all IT 

operations. We have records, park liaison and services there because Col. Gunja’s office 

is still at the former Ranger’s building out at Wyandotte County Lake and so he handles 

the walk-in inquiries there that come to his attention during the hours that he is there. 

Our Reserve Deputies fall under Lt. Tucker who is in charge of our records unit. We 

have Offender Registration, Concealed-Carry which we are required to do by statute. 

This is our training unit (pointing to the chart), task force-we don’t really have people in 

the task force but if we found it necessary to put one together we would let Col. Gunja’s 

group oversee that and recruiting. When it comes time to do some recruiting we would 

handle that function out of that division. 

This is JIAC, Juvenile Intake and Assessment, (pointing to chart) and that is where we 

deal with children from birth up to age 17 that come into police protective custody or 

they are referred to as CINC, Child In Need of Care. Maybe their parents have been 

arrested and there is no supervision for them. We have to process them until we can get 

them released to an appropriate authority or responsible people or they are in police 

protective custody because they lack adequate supervision, they have been subject to 

being a victim of a crime as a child and there is going to be Division of Family Services 

intervention. 

December 20, 2012

4 

Then we have the Detention Division. We are getting ready to reorganize the Detention 

Division on January 3 rd . We used to have two divisions there. The Adult Detention 

Division and Juvenile Detention Division and we are combining it into one detention 

division. Lt. Col. Fewell is going to be the Division Commander and he will oversee all 

the activities on the adult detention side and the juvenile detention center. Terry Broadus 

will still be the Juvenile Detention Center Administrator in her chain of command but 

Jeff will be working on that. 

We are here tonight to talk about how we are reorganizing this section right here 

(pointing to chart) and all the responsibilities that the Sheriff’s Office has in those various 

tasks. We are going to show you a better slide that will help give you the details. 

• 4 Civil Process 

• 7 Park Services 

• 2 Warrant 

• 2 Rovers 

• 1 Evictions 

• 1 Tax (will be maintained) 

Sheriff Ash this is how we currently have our deputies assigned. There are four deputies 

assigned to Civil Process. Those are all the court orders that have to be served on people. 

Most of those have a time limitation or restraint. They must be served within ten days or 

whatever the case may be and then the return service must be back to the court in a timely 

manner so we have the entire county of Wyandotte divided into four large districts right 

December 20, 2012

5 

now and four people that do just that Monday through Friday with Saturday and Sunday 

and all holidays off. 

We have seven people in Park Services. Those were the seven former Park Rangers that 

we merged into the Sheriff’s Office as many of you will remember back in 2009. Those 

seven are dedicated to providing the coverage in the parks in Kansas City, Kansas 

including our big regional parks like Pierson, Rosedale, Wyandotte County Park, and 

Wyandotte County Lake Park and then there are two deputies assigned to run down our 

people who are outstanding on warrants within our county. They don’t track people all 

over the country or anything but just those that we believe live within the county. We 

have two deputies assigned in a rover position. If you are familiar with the Police 

Department lingo it would probably be extra relief and they are there to fill in if and 

when somebody isn’t there. We have one deputy assigned to evictions. As an example, I 

just finished a training class over there with them on Community Policing and he told me 

he had nine evictions scheduled for today. I have heard of as many as 14 or 15 scheduled 

for one day. Most of them move themselves out and they comply with the eviction order 

and all we have to do is go by and insure they have complied with the order. In the cases 

where they haven’t, we have to stay there and preserve the peace and get them out. We 

have one delinquent tax deputy which we are going to maintain. These other positions 

we’re going to affectively reorganize and re-task. 

We’re going to delineate all of those deputies into two basic functions, Court Services 

and Patrol Services. Court Services will be the deputies that are required to get the 

inmates out of jail be they juvenile or adult and get them to the appropriate courtroom at 

the appointed time before their hearing, trial, whatever the case may be, whatever 

function is going on. They also provide the courtroom security during that trial or during 

that hearing. They are both the transport deputy and the courtroom security person. That 

includes sometimes if we might have to make a run to one of our farm-out facilities 

because of inefficiency in scheduling to ensure the inmate is returned on time for the trail 

and hearing. Sometimes we’re able to put one or two deputies in the car and send them 

to our farm-out facility, sometimes it requires we get a couple of deputies on overtime 

December 20, 2012

6 

and we send them to get that inmate. That used to be very burdensome until October 

when we moved our furthest away farmed-out inmates from Chase County or 

Cottonwood Falls, KS. which is a 2.5 hour drive from here and we moved them up to 

Corrections Corporation of America, CCA, in Leavenworth. That is now a 30 minute 

drive for us. I don’t think we’ve expended any overtime on picking any of those people 

up now. We’re able to do it with on-duty people so that is a significant cost saving for 

us. 

1 Major 

1 Captain 

1 Sergeant 

5 Patrol Districts – 1113, 1114, 1115, 1116, 1117 

3 Extra Relief 

Sheriff Ash said within Patrol we’re going to distribute these people over two shifts. We 

don’t run our patrol units 24 hours a day like the Police Department does. We cover all 

seven days but we don’t run 24 hours. We only go up to 0100 hrs. or 1:00 a.m. so from 

8:00 a.m. to 1:00 a.m. The day shift will have a Major which is Major Berry and we will 

have a Captain which is currently Captain Patrick, a Sergeant, and then we are dividing 

the county into these five patrol districts and we will have three extra relief people. We 

will have eight deputies assigned with a supervisor, commander and an executive 

commander in the event something develops that requires that response. 

December 20, 2012

7 

1 Lieutenant 

1 Sergeant 

5 Patrol Districts – 1113, 1114, 1115, 1116,1117 

3 extra relief 

Sheriff Ash said on nights we will still have the same five patrol districts with three extra 

relief officers so eight deputies on nights with a first line supervisor and a commander 

there in order to supervise. In our present configuration it’s very common—there are 

three deputies assigned, for example, to Park Services during the day shift seven days a 

week. We only have three assigned to that so they each get two days off a week so there 

is one day where all three are scheduled to be there and the other days there are only two 

out there to take care of all the business in the parks. We were two positions short when 

we absorbed them and those positions have not been filled. By reconfiguring the districts 

now we will have five deputies out there in the districts and part of their general 

assignment responsibility will be to patrol the parks in addition to that. On any given day 

we may have one or two more than five depending on the days off rotation and so forth 

so we may have some extra people that we can assign to some additional park duties. 

That means there are four deputies left currently for the night shift to patrol all of those 

parks during the night shift and with each of them having two days off the most we’re 

likely to have on any one shift is three. You can see either way whether it’s days or 

nights we’re going to end up with more people available to patrol the parks and respond 

to the parks. They are also going to serve the Civil Process papers in their district, they 

are going to assist with the evictions in their district, they are going to be looking for the 

December 20, 2012

8 

people with warrants that we believe are living in their districts and they are going to 

have more of those general assignments duties. Instead of having people working in 

these little bitty silos at minimum numbers, we’re going to utilize them more affectively 

by spreading them out amongst the districts and giving them the support they need to do 

that. 

1 Sergeant 

7 Court Transport 

2 Out of County 

1 Probate 

1 Juvenile 

2/1 Tag Enforcement / Taxes 

Sheriff Ash said Judicial Services we still have a Sergeant, seven court transport and 

these are the deputies that try to get the people to the proper courtroom at the proper time. 

Does anybody know how many courtrooms we have? There are 16. We have 16 

courtrooms and we hope and pray on a daily basis that there isn’t a trial going on in all 16 

of them at the same time. We’re very fortunate that doesn’t happen so as we get to 

talking about some overtime numbers in a little while, which I understand you may have 

a concern about, you can see where it would become necessary for us to incur some 

overtime based on personnel. These two out of county deputies average 500 miles a day 

on their assigned vehicle because they drive literally all over the United States picking up 

people that have been arrested in other jurisdictions on warrants. They have been all over 

the east and west coast and pretty much everywhere in-between and there are some 

December 20, 2012

9 

regular places they go like Chicago, and believe it or not, Salt Lake City, Boston and 

some of the larger southern cities as well. We have the one Probate Deputy that handles 

all probate cases that comes through Judge Lynch’s court. Many of those people are at 

Osawatomie because of the cutbacks at Rainbow and so if that person is having a hearing, 

we have to drive to Osawatomie, pick that person up and take them to Judge Lynch’s 

court and then maybe take the person back to Osawatomie depending on what Judge 

Lynch’s deposition is on that case or issue. He also attends certain hearings where the 

Judge will notice us that she believes we’re going to have one that we’re probably going 

to have to take into custody and so he will go up there and standby until such time he is 

either needed or not. We have one deputy that is assigned primarily to keep the juveniles 

going to two juvenile courtrooms. We have two deputies assigned to our tag 

enforcement. Many of you will remember when we got the grant to reinitiate that 

program and we still have two assigned there and then Deputy Morris does delinquent tax 

and he brings in six figures of revenue. He goes out and collects delinquent owed to the 

Unified Government at any one time. 

Sheriff Ash said these will now be the five patrol districts for the Sheriff’s Office. 

Before we basically had it split almost down the middle this way and almost across the 

December 20, 2012

10 

middle this way (pointing to chart) and it was in four large districts. Major Berry 

analyzed three years of data on every paper we served over the last three years, 2009, 

2010 and 2011 in order to determine how and where we ought to draw those boundaries 

taking into consideration as much as we could that there are some natural barriers like I- 

70 and I-635, the river and some of the major streets and highways and so forth so that 

we could distribute the workload out amongst the five districts. The idea is not to 

inundate anybody but to redistribute the workload for greater efficiency and giving us 

some discretionary time to be able to do the park patrol, evictions, help with the tax 

collection, etc. and so those are the five districts that we’re going to switch to. 

We went to the Park Board and gave this presentation in October because we knew there 

would be a significant concern that we would reduce park services. We believe exactly 

the contrary will happen. We will have more people available now to respond to the 

various issues in the parks and to work the parks in a proactive basis. The only thing that 

we’re not going to be able to do now that we were doing under our current configuration 

is to open Wyandotte County Lake and Rosedale Arch. We will not be able to open those 

two parks before 8:00 a.m. because we will not start before 8:00 a.m. in order to provide 

the coverage all the way through past midnight. We will continue to lock the parks and 

run the people out. If there is going to be a need for any enforcement or authoritative 

presence, it’s always going to be in clearing the park and getting people to leave before 

they are ready to leave or want to leave, always at dark by the way, then it is unlocking a 

padlock and swinging a gate open. Anybody can do that. Commissioner Holland said 

who is going to do that? Sheriff Ash said Parks. Margie will make an adjustment within 

her staff to open those two gates or she will figure out a way to partner with somebody to 

do it. That is the only thing in all of this change that we will not be able to do that we are 

currently doing. Everything else we will be able to continue to do. 

I went through it about as quickly as I could and I know you may have some questions so 

we will stand for questions. 

December 20, 2012

11 

Commissioner Cooley said do you have any Reserve Officers? Sheriff Ash said we 

have about 15 Reserve Deputies right now. That is the good news. The bad news is that 

we’ve had Reserve Deputies for a number of years here that are not LEO certified and 

our lawyer here will tell us that it’s not a good idea to have Reserve Deputies out running 

around with guns and armed and acting like they are police officers when in fact they 

actually have zero law enforcement powers if they are not certified. We recently issued a 

memo that stated January 10 th we are pulling any deputy that is not LEO certified that is 

associated with the Sheriff’s Office and will not be able to work. A lot of them work off 

duty security jobs at various locations. They will not be able to do that until we can get 

them certified and we are working with KS-CPOST (Kansas Certification of Peace 

Officers Standards and Training) and KLETC, (Kansas Law Enforcement Training 

Center) to see if we can set up training to get them certified as what would be considered 

part-time officers which would suffice. 

Sheriff Ash said I think we need a viable Reserve Unit. They help us do a lot of stuff. 

We total up their volunteer hours—you all are out in the community at the parades that 

go through your districts, who is out there blocking the traffic and managing the detours 

and handling those citizens that are kind of miffed because they have to turn around and 

go another way, it’s the Sheriff Reserve Deputies that are out there. We don’t pay them 

anything. We give them a shirt and a pair of pants and ask them to buy everything else 

they need. If they don’t have the ability to work an off-duty job at QuikTrip or 

somewhere and create some income, then they really have no great incentive to serve us. 

Presently we have three of them that are certified out of the 15 so we’re working on it. 

Commissioner Holland said this is a very small issue but I’m always interested in how 

people number one to five with 1113, 1114, 1115, 1116, 1117, is there something special 

about that nomenclature instead of just District 1, District 2—Sheriff Ash said Randy can 

answer that. First of all we ended up with five districts but we started at seven I think. 

Major Beery said based upon numbers that we use through dispatch, if you hear any 

number on a radio, anything that ends in a one it’s going to be a sergeant so you can’t use 

that for a district, anything that ends in a zero that is going to be a commander of some 

December 20, 2012

12 

sort so to make it easier on the dispatchers we all use the same kind of nomenclature so 

they understand it’s a deputy, not a supervisor. That is the only reason for those 

numbers. Commissioner Kane said they’re not confusing. Major Beery said not at all. 

If we change that is when they get confused and don’t like it. Sheriff Ash said police 

dispatchers are some of the greatest multitask people you will ever meet. They are 

unique. We started with about seven districts to begin with but we don’t have the 

manpower for that. We went to six and we tried to squeeze six in there, but we analyzed 

it and we thought was going to stretch us too thin. We really need those three extra lead 

positions and here is why because there is always a relief factor when you’re staffing 

these things. There is always a relief factor in public safety. In the jail Jeff’s relief factor 

is 2.6 so for every position in the jail we have to staff 24/7 365, we need five people, 

probably should have six because we need the three to go 24 hours, if you will, and then 

2.6 would be two more. In our case we have the two shifts so we have a day officer and 

a night officer and the relief factor for those two is 2.6 or 3 people so for every position 

we staff 24/7 365 we need five. Why is that? Because everybody gets vacation, 

everybody gets a certain amount of sick leave by the MOU, they have FMLA benefits, 

we have injured on duty, they are unplugged for training, bereavement, a guy gets 

activated to military duty; those days all come at a cost and I’m sure you all have been 

briefed on that and you understand that concept. That is what our relief factor is based on 

all the days that somebody is not there because of some authorized or appropriate need. 

We need those three extra relief people, three for days, three for nights in order to go 

seven days a week over two shifts. We probably need more than that but we’re going to 

try to make it work with three. 

Mr. Hays said the Sheriff made this presentation to us at staff level a month ago. One of 

the things we highlighted in the discussion was you may hear as commissioners that the 

Unified Government and Sheriff have done away with Park Rangers and that is why we 

thought it was so important the Sheriff being here and share with you in advance how this 

is going to affect parks and the Park Board as well as the Sheriff. I have a high level of 

confidence that this is actually going to enhance security in the parks, not the opposite. 

Sheriff Ash said I appreciate you highlighting that. 

December 20, 2012

13 

Commissioner Holland said is there additional training for the Sheriffs because Park 

Rangers have specific training. Sheriff Ash said great question. In fact I personally 

conducted training for 2.5 hours today with Victor Webb on Community Policing on how 

these deputies can appropriately engage with all these people because some of them 

haven’t done that on that level. Major Beery said when we started to look at the 

reorganization we looked at that issue in particular because some of the complaints we 

were getting say at Wyandotte County Lake, we have always had overtime opportunities 

in the parks especially at the lake when it’s busy and in season and what we would do by 

our MOU or our contract with our union overtime was offered via seniority. Our senior 

guys would get the overtime and that senior guy could be a civil paper deputy and he 

goes to the park and makes contact with the individuals at the park but ultimately didn’t 

know all the rules because we were very much silo before we started this process. Since 

we started the process and looked at everything and started combining everything our 

deputies have not only been crossed-trained in park service’s but they have also been 

cross-trained, those that were in park service’s before now know the civil process, the 

eviction process. Everybody is a general assignment deputy at this point. They have all 

been given the knowledge and information they need and the resources to do that. 

Sheriff Ash said we have very confident supervisors and commanders that are well 

versed in all phases of these things so we’re very confident. Some of them will have a 

learning curve definitely. It’s like swimming, you can read all about it and watch videos 

but if you’re on the swim team, you will have to dive in the water and they are going to 

have to get out there and work in the district, encounter some things and we will need to 

be there to support them. 

Commissioner Holland said maybe it’s been several years ago but I know we had Park 

Rangers delivering important commodities like soap and toilet paper to the shelters, do 

the Sheriff Officers now do that? Major Beery said deputies don’t do that anymore. 

Park maintenance has kind of changed there. They are operating a schedule to where 

they have maintenance people on duty longer. We will still respond to calls and we still 

December 20, 2012

14 

get the calls but generally we will refer the caller to the maintenance technician. 

Commissioner Holland said I just want to make sure there is toilet paper at the shelters 

that is my primary concern. 

Sheriff Ash said just to give you an idea of the workload and so forth the total overtime 

hours that we have worked in 2012 from January 1 through November 30 total 12,509. 

That is 2,582 that was dedicated to park duties and responsibilities, 4,511 in court 

transport and 4,293 in outside transporting. That is a grand total of 12,509 hours for a 

dollar figure of $357,277. That is a chunk of change so if somewhere in there lies an 

answer or a balance I think of considering a few more FTE’s in order—you won’t save 

per se, because you will shift the cost over there but then we may well position ourselves 

better. The move we made out of Chase County to the CCA we’ve already seen 

significant benefit in that. We were making between one and three trips a week down 

there with generally two deputies on overtime to go fetch the inmate, not to mention the 

wear and tear, burning up the tires and in the summer gasoline was $4 a gallon. It was 

expensive and costly. We got CCA to agree to hold them for the same cost. It was 

greatly beneficial to us. The inmate housing cost is about the same but we’re saving 

money or expensing less in the transports and those kinds of things, not to mention the 

wear and tear on our vehicles. The average miles on our vehicles are over 100,000 on the 

entire fleet including 130,000 on mine which is fine. It works fine and I’m not 

complaining about it but at some point in time it’s going to wear out where we’re going 

to have to spend more money on them than what they value at. 

Mr. Hays said the Sheriff is changing the topic from the topic of reorganization that he 

was here to speak about. This is more of a fun item. I didn’t ask you to bring a picture of 

your new acquisition that will be seen at the lake. I think there is really a great story here 

so we will take just a minute to let the Sheriff tell his story because I think it shows how 

resourceful our staff is in acquiring assets that help our community. 

Sheriff Ash said we got a lot of complaints back in early spring and early summer about 

I never see a deputy at the lake either off the water or on the water. I just gave you the 

December 20, 2012

15 

overtime numbers. We were assigning people out there and we made a commitment 

certain days of the week and certain hours within those days we were going to have 

somebody assigned specifically to the lake and we were getting a lot of boating 

complaints and so we made a commitment to put our people on our boat to do boat 

checks and intervene with people speeding and doing unsafe things, etc. out on the lake. 

As you know it was unseasonably hot this past summer and our boat doesn’t have a 

canopy or any kind of top on it so we had our deputies out there in uniform and they were 

literally baking out there from 1:00 p.m. to 9:00 p.m. because those are the heavy boat 

hours other than those that go out real early to fish and get off the lake before it gets hot. 

We had a deputy out there and told him he was going to be on the lake and we want you 

engaging in these checks and we have the data to show that they did. Our fishing checks 

went way up, our boating checks went way up, and citations went way up. Why people 

weren’t seeing them, I don’t know. When it got real impressively hot we cut them back. 

We said go out on the boat for thirty or forty-five minutes and then come back in. We 

have a patron at the lake that has a boat on Wyandotte County Lake and he is an 

employee of EPA and he does a lot of different things but he is a diver and works on the 

water a lot for the EPA. The guys were talking and complaining about this and said 

we’re going to have to get a canopy for our boat or get a new boat so we can give these 

guys some protection and he said I know where you can get a boat. He forwarded us 

photos and information about this boat the EPA had so Chief Deputy Whitby and I went 

over to the caves by Ameristar and we went way back in the caves and that is where they 

store a lot of their equipment and they had this boat and if any of you have been out at the 

Fleet Center it’s sitting behind the car wash out there. It’s 24 ft. long, it has a cabin on it 

that is enclosed with windows and they were getting rid to surplus it so we said it looks 

like a pretty good deal, 220 horse motor on it and has a big thing like a crane on the back 

of it and the reason it does is because the storage for this boat—this boat was used down 

on the Louisiana Texas border on that great big lake where when the Challenger Shuttle 

blew up reentering and much of the debris fell in that lake, this boat was used and Eric, 

the guy, was the salvager and recovered lots of equipment that had fallen into the lake. 

He worked on that boat for the better part of a couple of years recovering a lot of that 

equipment so anyway the boat, trailer; they were ready to give us the whole nine yards to 

December 20, 2012

16 

it and they also had an older but very serviceable Dodge Ram 4-wheel drive pickup. 

Long story short we worked on getting the equipment and then they sent us an invoice for 

processing fees and so forth for like $4,900. We said wait we didn’t talk about any 

money so we really don’t have any money to do this. It’s the end of the year, we’re out 

of money, can we push that forward into 2013 because we’re very interested in the boat. 

I put Linda Hendricks on it, those of you that have dealt with Linda before you know she 

is a pretty good negotiator; she got them down to $2,000 so we ended up with this boat, 

trailer and truck for $2,000. The boat will be very serviceable out at the lake. It’s 

basically a flat bottom boat with a flat bow, if you will, that when the deputies are out on 

the lake in it they can actually beach it somewhere if they would need to in order to get 

off to deal with somebody who is on the shore without damaging the boat or the motor. 

When you see this thing out there it’s not pretty and it’s not anything to really look at. 

Mr. Hays said remember Jaws; it kind of looks like that. I really liked this story and I 

think it shows resourcefulness of our departments and the Sheriff and his team is to be 

commended but it also is a good story to share with constituents if you hear they got a 

new boat, where did they get that boat. Sheriff Ash said the trailer the boat goes on is 

valued at $12,000. We are going to try to put our decal and our loco on it. It’s not a 

party barge. If we needed to take it out of the lake and take it to a river for a salvage 

operation, a boat that sinks or goes down, heaven forbid an airplane that flies over going 

into the downtown airport; we can haul it over there and put it in. I have talked to Chief 

Jones and we’re going to do some cross-training with their folks in the event they would 

need to use it, it will be a resource we can use in a couple different ways. 

Commissioner Holland said does anybody patrol the Kansas and Missouri Rivers? 

Sheriff Ash said the Coast Guard. It is their responsibility and the Corps of Engineers 

looks after some stuff and they coordinate but it’s the Coast Guard responsibility. As far 

as regular patrol, we respond and the fire department responds to various reported 

instances. Commissioner Cooley said as a point of interest Bonner used to have on loan 

to them two wave runners for any rescue issue they might have on the Kansas River and 

they are housed in their fire department and their fire department was trained to use them. 

They don’t own them; they were donated to them by some other agency. I don’t know if 

December 20, 2012

17 

they still have them but that is another resource if something like that comes up that you 

might be able to tap into. 

Commission Travel 

Commissioner Holland said I would like to go on record and say I’m already sick of this 

topic so I would like to wrap it up today. Last time we discussed this at length. We came 

up with the direction that we wanted to go. I asked staff to take those notes back and 

compile it. We basically have our same travel policy. These are the changes as we see it. 

There are several different issues. There is individual travel; there is National 

Conference membership travel, reimbursement accountability, etc. I’m just going to 

walk through this and then we will open it up, but I’m pretty confident this is what we 

talked about. 

1. National travel to conference membership-the big change here is if we’re going to 

be members of organizations, part of being a member is sending delegates. If 

we’re not going to send delegates, we’re not really members. Delegates do not 

have to be commissioners. Delegates can be staff members. If we’re going to be 

members, what we have done is include travel funds for elected officials and staff 

serving as delegates in the citywide budget that includes membership in 

organizations and it includes the ones on the left (referring to a sheet that was 

provided). They include NLC, NaCo, KLM, Kansas Association of Counties and 

MARC. Delegate designation requires commission approval. Because you have 

to be voted on to be a delegate that implies you are going to travel so you don’t 

need a second vote in order to travel to the event you have been elected as a 

delegate to. Travel expenses are taken out of the citywide membership budget. 

Contingency funds for additional commission attendees will be available but that 

would require commission approval. If we decided for some reason there was a 

particular event that was particularly pertinent to something we were working on 

and we wanted to send additional people, then we would have contingency money 

but we would have to vote to approve that. Conference Caucus-because there are 

a number of caucus, African American Caucus, Hispanic Caucus, Women 

December 20, 2012

18 

Caucus, we looked at the list from NaCo and it was seven pages long of the 

number of Caucuses available just for NaCo and so it’s an endless amount. We 

don’t have an endless budget so we decided up to one Caucus event per year may 

be requested and paid out of that citywide membership funds but that would 

require commission approval. If someone said I want to go to the Women’s 

Caucus, we would judge whether that seemed appropriate and then we would vote 

on it. That is the piece for the Caucuses that allow people to go. If someone 

wants to go to another Caucus meeting beside that one, they would need to pay it 

out of their own travel. They would need to prioritize that and pay it out of their 

own travel. After that they would need to pay it out of their pocket. Cost savings 

for these national events. National events are publicized well in advance. We put 

three months in advance to sign up for this reason so that we can fill all of our 

slots. The commission gets the first dibs. If they want to sign up to go, we can 

vote them as delegates but if we know far enough in advance we can go to a staff 

member, but if a commissioner doesn’t decide until two weeks before then the 

staff doesn’t have a chance, if we want to send someone to these conferences, to 

work out their work schedule so that they could go. By putting it three months in 

advance you have to decide in advance if you are going to go and that allows us to 

do early-bird registration and to reserve airfare to get the best price. 

I will go through the whole thing because it all kind of ties together and then we can go 

from there. 

2. Individually-we talked about this. In 2013 $500 would be allocated for each 

commissioner for community events and $1,500 for business related training and 

travel. That would go up the following year to $2,000 for the business related 

training. This would allow commissioners to use this fund to buy up to two 

tickets to a community event, examples are on the back. Community event 

allocation can be spent on training. For instance, if you have a training event or 

you want to travel somewhere, you can spend that community money on it but 

you cannot do it the other way around. You can’t spend $2,000 on buying tickets. 

December 20, 2012

19 

Monies are limited to the specific purposes and may not be transferred between 

commissioners so it’s use it or lose it and it’s also within that budget year so if at 

the end of the year you haven’t used it, it’s gone. If someone wants to take an 

extra trip and you’re not going to use it, you cannot give them your money. 

3. Per Diem or reimbursement-we talked about this and there is a good reason to let 

someone declare which they would prefer. After travel each commissioner needs 

to have a post-reconciliation of final travel expenses including whatever 

adjustments; and the receipts are due within two weeks of return. 

4. Some accountability pieces-the first commission meeting in February of every 

year the Legislative Auditor will publish and present a detailed report of each 

commissioners prior year travel expenditures so that will be put on the public 

records. Without good cause, as shall be submitted in writing to the Legislative 

Auditor, cancellation fees and/or no show fees will come out of the individual 

commissioner’s travel allocation. For example, you are signed up to go to the 

NLC, you’ve been elected as a delegate but you decide not to go or you don’t go 

for whatever reason, you would need to submit that reason in writing to the 

Legislative Auditor who does the accountability and the Legislative Auditor will 

determine if it’s a good reason or not. If it’s determined it is a good reason, then 

it’s a good reason but if not, then it will come out of your own travel expenses. It 

would come out of the joint fund. This has happened where people have decided 

just not to go and it wastes the city’s money and then that money comes out of 

your own travel money and you just wasted your own money. It’s still city 

money but at least it’s not wasting the general budget money. Within 30 days of 

return the commissioner will share during a full commission meeting a verbal or 

written lesson learned. 

That is what we discussed and documented. You will see on the next page examples of 

eligible community activities. These are not exhaustive but they do give you clear 

guidelines about what is legitimate and what’s not. 

December 20, 2012

20 

Commissioner Cooley said I’m sure you touched on it but I’m just not catching it. A 

situation occurred a number of years back, I think it was NLC and one of the other 

commissioners was signed up to go and it was relatively late and had to cancel. It was 

not I don’t want to go, it was a family issue. We would have lost $500-$600 worth of 

registration fees and I went because we had already registered somebody to go. If that 

situation occurs here, would that be considered transferring money? Commissioner 

Holland said that is a really good point because I think the issue would be you can’t give 

someone budget money. What would be unethical is if someone said I’ll buy your ticket 

and register for you, wink-wink, nudge-nudge and then let you go at the last minute. We 

just have to count on the ethics of people not doing that. In a case like that we have a 

legitimate reason to back out it would be to our advantage to substitute someone so we 

still have a delegate and I think we would encourage that. The same thing could be true, I 

could buy two tickets to the Mayor’s Prayer Breakfast and have every intention of going 

and have a funeral come up at my church that I have to do, it would be appropriate for me 

to say I have already bought these two tickets, would you be willing to go so they get 

used. That would be appropriate to make sure the resources are not squandered. 

Commissioner Murguia said so does it come out of your budget? Commissioner 

Holland said I bought the tickets with the intent to go, I would give them to him and it 

would be my loss or whoever, even a staff person and it would still come out of my 

budget because I bought them. 

Commissioner Maddox said I have a question about 4a. It says the first commission 

meeting in February the Legislative Auditor will publish and present a detailed report of 

each commissioner. What is the reason for that if we outline what every commissioner 

has and he has that only so if it is equal across the board and everybody has the same 

rights, what is the reason for that and then also if we do that, does everyone in City Hall 

do that? Commissioner Holland said this is my understanding, the only people we are 

accountable to is the voters and so if we don’t make a public presentation of our 

activities, the voters don’t know whereas in the staff level people who travel are 

accountable through the chain of command of the city and are accountable to the 

December 20, 2012

21 

departments. Our department is the public so by making a public presentation—the other 

piece it does in my mind is it just adds integrity to it. I should be willing to publicly 

stand behind whatever travel I do. It’s on the citizens’ dollar. We don’t publish where I 

go on vacation because it’s nobody’s business but if it is on the citizens’ dollar that is the 

idea if the citizens’ pay for it, the citizens should hear about where I went and how I 

spent their money. 

Commissioner Kane said I agree with Mark. I don’t go on trips because I don’t want to 

burn vacation to go, but if there is something that somebody thinks we need to go, then I 

will go. If a constituent says they have this going maybe you should go because one time 

Nathan and I went up to Washington, DC which was very cool and we got to speak to 

some folks and if we ever had the opportunity to do that one again, I would probably do 

it. It’s good to let your constituents know that I went because if they ask you a question, 

where did you go, if you look at the report I went here and here is why. I went to one 

with Don DeSeure one time and got nothing out of it. I think letting them know you went 

there on their behalf because in some areas they are going to want you to ask questions 

because of the district you have. 

Sharon McMillan said I believe its part of the Rules of Procedure as it stands now plus it 

is part of the Open Records Act. 

Commissioner Holland said someone can always ask for it and I think it is why you 

have two people count money; it protects them both from accusations. If we’re 

publishing our travel upfront then it protects us from accusation of misuse. We can say 

its public record. It’s transparent. Travel of public officials has a particular place in the 

heart or the gall of the public. People want to make sure it’s not being misused. I don’t 

know why but it is an issue that people get worked up about and we need to protect 

ourselves to make sure that we’re being as transparent as possible. 

Commissioner Cooley said the only other comment I would make is that we belong to a 

number of these organizations whether it’s at a national or state level, we’re entitled to a 

December 20, 2012

22 

certain number of voting delegates. Some of those voting delegates should and could be 

staff. Case in point, Joe Connor was President of the Kansas Association of Counties a 

couple of years ago and yet when we made voting delegates we never made him a voting 

delegate. I would go and I would become the voting delegate and here is Joe as the 

President of the State Association and we need to be cognizance of that so that we can 

recognize that staff person that holds a position on the governing board or another 

position. Terrace, for instance, has just been elected to the Black Caucus so if there is a 

need for that to have a voting delegate designation, we need to know that. 

Commissioner Holland said the budget has been set the way it is. We have a couple of 

options. We could adopt this sometime in January and be done with it. We could also, if 

we wanted to wait until after the election cycle, which people worry about we could wait. 

I don’t see any reason to do that. 

Mr. Hays said I would recommend the Legal Department prepare this in legal format as 

part of the Rules of Procedure. You could adopt this by consensus tonight just to say 

everybody is on board but we try to keep this as simple as possible. From this then Jody 

and Legal can take and put together the formal document. Second, this is the 

conversation you and I had; Lew is getting ready to load the budget into the computers 

for 2013. Reggie would have the opportunity to modify what is being loaded in for 

budget purposes by making the revision. If there is consensus in doing this at this point 

and making the revisions necessary any adjustments to reflect—Lew Levin said I think 

we could upload the budget with what is being proposed. Mr. Hays said there is an 

opportunity right now that the 2013 budget would reflect this decision since it is at 

commission level and it is a budget revision that you would have to vote on formally as 

part of the budget process. Commissioner Holland said that would be in July. Mr. 

Hays said the formal adoption to the new amounts would come at that point. It will 

avoid confusion come summer. Commissioner Holland said if we give the nod to this 

generally now, they can do their budget work and then there is really no need for action 

until July, is that right? Mr. Hays said only on the revisions, the language. Ms. Boeding 

said it will be an ordinance and resolution to amend the Rules of Procedure. 

December 20, 2012

23 

Commissioner McKiernan said I would recommend we do that now and then worry 

amount the dollar amounts in July. Take care of the one piece that can be knocked off 

now. Commissioner Holland said I think that makes good sense because we’re not 

going to know what our dollars look like until July anyway. I think we can do the Rules 

and Procedures. Mr. Hays said the Rules and Procedures in January and Reggie can go 

ahead and load these numbers in the proposed budget but it will be a part of your summer 

budget revision process if you want to just to avoid confusion. 

Commissioner Holland said one of the things that need to be clear is, and this is by our 

current rule, it’s not highlighted. Usually a highlighted requires commission approval. 

Using your own travel money, the community event does not require commission travel 

to buy two tickets to the Prayer Breakfast does not require commission approval but 

travel still does. Even if you are using your individual commission funds it should be in 

bold requires commission approval because we still have that accountability to make 

we’re actually going somewhere that benefits the city for the travel portion of it. 

Commissioner Maddox said I remember at the meeting before this one you had gave a 

certain amount to each commissioner to have to travel but I don’t see the amount. 

Commissioner Holland said its right there. Commissioner Maddox said I’m talking 

about for out-of-town events. Commissioner Holland said that’s $1,500 and will go up 

to $2,000 and you can use your community event money and the next year $2,500. We 

ran a report to see what it would cost for a typical event and a typical event costs about 

$2,500. That would allow one event in addition to one Caucus. Ms. McMillan said the 

travel in Section 2 is in addition to if you are a delegate and going to a conference. 

Commissioner Holland said if you go to a conference and you are elected a delegate, 

that doesn’t come out of your $1,500 so your $1,500 would be an additional trip. The 

thinking being, if you are a delegate to the conference, you are doing the city a service by 

going and being our delegate so the city should pay for it whether it is a commissioner or 

staff member. 

December 20, 2012

24 

MAYOR PRO-TEM MENDEZ ADJOURNED 


dt 

Bridgette D. Cobbins 


December 20, 2012

Unified Government Clerk’s Office 

Bridgette D. Cobbins 


701 North 7th Street, Suite 323 Phone: 913-573-5260 

Kansas City, Kansas 66101-3064 Fax: 913-573-5299 

http://www.wycokck.org 

Memorandum 

To: 

From: 

Dennis Hays 

County Administrator 


UG Clerk 

Date: December 20, 2012 

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. 

tp 

Attachment

Weekly Business Material for December 20, 2012 

1. MEMORANDUM OF AGREEMENT: 

The Unified Government of Wyandotte County/Kansas City, Kansas and LIUNA! Public Service 

Employees Local Union 1290PE from 2013-2015. 

Action: 

Received and filed. 

2. COMMUNICATION: 

Ron Green, Manager of Accounting, regarding cash transfer memorandum September 2012. 

FUND FROM FUND TO PURPOSE AMOUNT 

Cash Collection County General Reclass Tax Revenue 3,548.95 

County General Cash Collection ^ 4,919.64 

County General 

Internal 

^ 16,980.07 

Improvement 

City General Prescott Plaza ^ 37,492.97 

City General 

Internal 

^ 147,564.63 

Improvement 

Special Revenue City General Reclass Revenue 100.00 

County General Public Levee ^ 636.70 

City General EMS ^ 3,238.15 

Sewer System City General July PILOT 272,644.76 

Various Agencies Various Agencies Tax Distribution 14,554,337.45 

Various Agencies City General August Auto Liability 35,844.10 

Community Development City General Reclass Expense 

Spec Dev Disab Grant City General ^ 250.00 

Sewer System Health Dept ^ 393.80 

City General Other Spec Grants ^ 510.00 

County General Prescott Plaza ^ 4,296.78 

City General Sp Sales Tax ^ 4,857.24 

Capital Projects 

Internal 

^ 4,975.25 

Improvement 

Health Dept Grant Health Dept ^ 6,556.00 

Capital Projects 

Internal 

Improvement 

^ 

8,563.43 

Sp Sales Tax City General ^ 

50,000.00 

Various Agencies City General July & August Fuel 73,468.88 

Various Agencies Employee Hosp September Retiree 

76,151.06 

Healthcare 

Wyco 911 Special 911 Tax Upgrade 911 System 402,000.00 

Action: 


3. COMMUNICATION: 

Lew Levin, Chief Financial Officer, regarding warrant cancellations:

WT. NO. ISSUED AMOUNT FUND / VENDOR 

692094 10/5/2012 $97.94 160/County General Fund 

V #80607/Janae Robbins 

Lost Warrant 

695526 11/14/152 $120.00 162/County Election 

V #E2994/Maquita R Guinn- Wells 

Lost Warrant 

695567 11/14/2012 $120.00 162/County Election 

V #E3052/Lisa M. Jeffers 

Lost Warrant 

695132 11/16/2012 $553.22 790/Tax Collection Fund 

V #3123P/Wright, Mary 

Issued in error 

697229 12/7/2012 $23,200.00 160/County General Fund 

V #13649/Doniphan County Sheriff 

Duplicate Payment 

Action: 


4. PERSONNEL ACTION COMMUNICATION, DATED DECEMBER 13, 2012: 

Section I - Appointments 

Name 

Department/Division 

Eff. 

Date 

Job Title 

Dustin Dierenfeldt Police/Academy 12/13/12 Patrol Officer 

Joseph Yarsulik Police/Academy 12/13/12 Patrol Officer 

Section II - Transfers 

Name 


Eff. 

Date Former Job Title New Job Title 

Andrew Bettinger PW/Parks & Rec. 12/20/12 Operations Supevisor Oper. Supt. 

Brady Yantis Police/Academy 12/13/12 Deputy - KPERS Patrol Officer 

Section III - Separation 

Name 


Eff. 

Date 

Job Title 

Mary Lex Smith District Attorney's Off. 12/12/12 Program Coordinator 

Name Department/Division Action Requested and Explanation 

Monica Gonzalez Health ACD change effective 12/6/12 

Emily Kates Health ACD change effective 12/6/12 

Rudolph Thompson Police/Academy Amend PAC dated 12/6/12 to reflect correction in effective date to 12/19/12 

John Varriano Police/Academy Amend PAC dated 12/11/12 to reclect correction in ACD

Action: 


5. CLAIM FOR DAMAGES: 

Julie S. Hernandez, 1728 N. 31 st , alleges damage to her car due to being hit by a police officer. 

Action: 

Received and filed. Copy previously forwarded to Legal. 

6. TRAVEL REQUEST: 

Nancy Sanchez, Health/PHS/WIC, travel to Savannah, GA, January 29 - February 1, 2013, to 

attend National WIC Association Board Meeting, State WIC funds. 

Action: 

Approved by County Administrator’s Office and received and filed 

7. APPLICATIONS FOR CMB LICENSE (PKG): 

Prabhrit Corporation/Hira Singh DBA 7-Eleven Store #13242D, 2924 S. 47 th St. 

7-Eleven Sales Corporation/Teresa Anderson Cawthon DBA 7-Eleven Store #35783, 10950 

Parallel Pkwy. 

Alma Management, LLC/William Hutton DBA Mi Pueblito Meat Market, 1311 Minnesota Ave. 

Citgo Food Store Corp/Joseph Hostetler DBA Citgo Food Store, 50 S. 10 th St. 

DNS Foodmart, Inc./Chelsey Aulukh DBA Foodmart, 3440 Rainbow Ext. 

Action: 

Referred to License. 

8. APPLICATIONS FOR CMB LICENSE (OP): 

Carlos Ramos/Carlos Ramos DBA Taqueria 7 Leguas, 1706 Central Ave. 

Cowtown BBQ, Inc./Dennis Browne DBA Oklahoma Joe’s BBQ & Catering, 3002 W. 47 th Ave. 

Frank Brunetti/Frank Brunetti DBA Italian Delight, 8145 State Ave. 

Josip Grdinovac/Josip Grdinovac DBA R & J Bar BQ, 8401 Parallel Pkwy. 

Pizza Stop South, Inc./Ruthanne Addie DBA Pizza Stop, 7541 Leavenworth Rd. 

Quick’s Bar-B-Q, Inc./Earl McLain DBA Quick’s Bar-B-Q, 1007 Merriam Ln. 

Rosa Maria Bravo/Rosa Maria Bravo DBA Bravo Burritos, 1268 Kansas Ave. 

The Woodyard, LLC/Rick Rehorn DBA Woodyard Bar B Que, 3001 Merriam Ln. 

Action: 


9. APPLICATIONS FOR DRINKING ESTABLISHMENT: 

Frontier Steakhouse, Inc./Betty Knapp DBA Frontier Steakhouse, 9338 State Ave. 

KE Service, LLC/Kelley Schuberger DBA Hollywood Casino at Kansas Speedway, 777 

Hollywood Casino Blvd. 

Moda Mansion El Pueblito, Inc./Rick Rehorn DBA Ace Lounge & Restaurant, 508 Kansas Ave.

Wyandotte Gaming Enterprises/Susan Welker DBA 7 th St Casino, 777 N 7 th St. 

Action: 


10. APPLICATION FOR PRIVATE SECURITY BUSINESS: 

Chesley Brown International/The Corporation Company DBA Chesley Brown International, 1190 

Winchester Pkwy #100, Smyrna, GA. 

Thomas Protective Service, Inc./National Registered Agent, Inc. DBA Thomas Protective 

Service, 8475 County Line Rd. 156. 

Action: 

Referred to License.




gfedc Revised 

gfedc On Going 



Date of Standing Committee Action: 1/4/2013 


None -- Union contract ratified by union 

explain): 



1/10/2013 



1/4/2013 Jody Boeding 

573-5069 jboeding@wycokck.org jb Legal 


Attached Resolution authorizing execution of the attached Memorandum of Understanding between the Unified Government 

and Teamsters Local No. 955 for the period 2013-2015. The union has ratified the contract. Among the contract provisions are 

a 3% COLA in 2013 with reopeners for COLA and health insurance in 2014 and 2015. This is consistent with Commission 

direction. The Teamsters represent 12 individuals in the Sheriff's Department. 


Adopt resolution approving the contract. 

gfedc 



Amount: $ 

Source: 



File Attachment 

File Attachment

RESOLUTION NO. ______________________ 

BE IT RESOLVED BY THE BOARD OF COMMISSIONERS OF THE UNIFIED 


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 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 Memorandum of Understanding between 

the Unified Government of Wyandotte County/Kansas City, Kansas, and the Teamsters 

Local No. 955 for the period January 1, 2013, through December 31, 2015. 

ADOPTED BY THE BOARD OF COMMISSIONDERS OF THE UNIFIED 

GOVERNMENT OF WYANDOTTE COUNTY/KANSAS CITY, KANSAS 

THIS 10 TH DAY OF JANUARY, 2013. 


Unified Government Clerk

MEMORANDUM OF T]NDERSTANDING 

BETWEEN 

UNIFIED GOVERNMENT OF WYANDOTTE COUNTY/ 

KANSAS CrTY, KANSAS 

THE WYANDOTTE COUNTY SHERIFF'S DEPARTMENT 

Á.ND 

TEAMSTERS LOCAL NO.955 

January lr20l3 - December 3lr20l5

TABLE OF CONTENTS 

DEFINITIONS 

ARTICLE 1 

ARTICLE 2 

ARTICLE 3 

Recognition 

Payroll Deduction of Union Dues 

Union Stewards 

Page iii 

Page 1 

Page I 

Page 1 

ARTICLE 4 

Union Cooperation - 

Management Rights 

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ARTICLE 5 

ARTICLE 6 

ARTICLE 7 

ARTICLE 8 

ARTICLE 9 

ARTICLE 10 

ARTICLE 11 

ARTICLE 12 

ARTICLE 124 

ARTICLE 13 

ARTICLE 14 

ARTICLE 15 

ARTICLE 16 

ARTICLE 17 

Probationary Employees 

Seniority 

V/ork Periods 

Overtime 

Discipline 

Grievance Procedure 

Strikes 

Vacations - Holidays - Personal Days 

Funeral Leave - Military Leave - Jury 

Duty - Leave Of Absence - Sick Leave - 

Matemity Leave - Family Medical 

Leave 

Safety 

Layoff/Recall 

Promotions and Bidding 

Medical Insurance 

Compensation 

Alcohol & Drug Free Worþlace Testing 

Page 3 

Page 3 

Page 4 

Page 5 

Page 6 

Page 7 

Page 10 

Page 10 

Page 10 

Page 1l 

Page 11 

Page 12 

Page 13 

Page 14 

ARTICLE 18 

Smoke - 

Free Worþlace 

Page 14 

ARTICLE 19 

Clothing 

Page 14 

ARTICLE 20 

{K0379778.DOC; l} 

Entire Memorandum of Understanding 

i 

Page 14

Page 15 

ARTICLE 21 

Savings Clause 

'Work Periods 

ARTICLE 22 

Duration 

Page 16 

Clothing 

Compensation 

Definitions 

Discipline 

Duration 

Page 14 

Page 13 

Page iii 

Page 6 

Page 15 

Entire Memorandum of Understanding 

Grievance Procedure 

LayofflRecall 

Medical Insurance 

Overtime 

Payroll Deduction of Union Dues 

Probationary Employees 

Promotions and Bidding 

Recognition 

Savings Clause 

Seniority 

Strikes 

Union Cooperation - Management Rights 

Union Stewards 

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Page 7 

Page 11 

Page 12 

Page 5 

Page I 

Page 3 

Page 11 

Page 1 

Page 15 

Page 3 

Page l0 

Page 2 

Page 1 

Vacations - Holidays - Personal Days - 

Funeral Leave - Military Leave - Jury Duty- 

Leave of Absence - Sick Leave - Maternity 

Leave - Family Medical Leave 

Page 10 

Page 4 

{K0379778.DOC; I } 

il

DEFINITIONS 

Administrator 

County 

Department 

Gender 

Immediate Supervisor 

supervision 

Memorandum 

Sheriff 

Employee 

Employer 

Unified Government ("UG") 

Union 

Administrator of the Unified Government of 


The County of Wyandotte County, Kansas 

The V/yandotte County Sheriff s Department 

The male shall include the female and the female 

shall include the male 

The person directly above the employee in 

The Memorandum of Understanding 

Sheriff of Wyandotte County, Kansas 

An employee of the Unified Government of 

Wyandotte County/Kansas City, Kansas, and the 

Sheriff s Department within the bargaining unit 

V/yandotte County Sheriff s Department andlor the 

Unifi ed Government of V/yandotte County/Kansas 

City, Kansas 

The Unified Government of 'Wyandotte County/ 

Kansas City, Kansas 

Teamsters Local No. 955 

{K0379778,DOC; l}

MEMORANDUM OF UNDERSTANDING 

WHEREAS, the parties hereto desire to maintain a harmonious relationship, to advance 

mutual interests in the provision of services to the public and to preserve public safety, law and 

order, to promote standards and conditions of employment for all employees of the Wyandotte 

County, Kansas Sheriff s Department employed within the bargaining unit, as set forth herein; to 

achieve harmonious and peaceful adjustment of differences which may arise; and to establish 

standards of wages, hours, benefits and other conditions of employment. 

NOÌW, THEREFORE, in consideration of mutual covenants and agreements hereinafter 

nnnfaina¡l vvrr!4¡rrvs, flra Lr¡v ñn,,nf.r vvs¡rlJ fha Tìanarfmonf anã fha I Ininn ho.ol-*r a¡maê 4c fnllnrtrc' 

) LLt9 ugPsl Lrrrv¡ru sórvv su rv¡¡v vr r. 

ARTICLE 1: RECOGNITION 

The Unified Government of Wyandotte County/Kansas City, Kansas (hereinafter the 

"lJG") and the SherifPs Department of the County (hereinafter the "Department") recognize and 

acknowledge the Teamsters Local No. 955 (hereinafter the "Union") as the exclusive bargaining 

representative for all Wyandotte County Sheriffs employees as set forth in Kansas Public 

Employer-Employee Relations Board Unit Determination Case No. 75-UDC-3-1992, dated 

February 7, 1994, as amended, or as otherwise agreed by the parties, employed by the 

Department for the pulpose of negotiating collectively with the UG and Department pursuant to 

the Public Employer-Employee Relations Act of the State of Kansas, with respect to conditions 

of employment, as defined by that Act. The recognition herein afforded extends only to those 

classifications of Classification Clerk, Clerk, Mail Clerk, Receptionist, Records Clerk, Utility 

Clerk, Mortgage Foreclosure Clerk, Transportation Clerk, Programs Clerk, Civil Clerk, Offender 

Registrations Clerk and Warrants Clerk. Excluded from the representation herein afforded are 

the Administrative Assistant to the Sheriff, Administrative Assistant to the Jail Administrator, 

Purchasing Agent, the Programs Coordinator, Administrative Assistant to the Office of 

Professional Standards, the Planning and Research Coordinator and all confidential and 

supervisory ernployees and all other UG or Department employees not listed. 

ARTICLE 2: PAYROLL DEDUCTION OF UNION DUES 

The UG agrees to deduct, once each month, dues in an amount certified by the Union and 

authorized in writing by the employees who individually request (Dues Deduction Authorization 

Form), that such deductions be made. Employees may revoke the authoization by giving thirty 

(30) days written notice of such termination or revocation. The total amount of such authorized 

deductions shall be remitted by the Employer to the Treasurer of the Union. 

ARTICLE 3: UNION STE\ryARDS 

Section 3.1 Union Stewards. Employees selected by the Union to act as ernployee 

representatives shall be known as "Stewards." The names of employees selected as Stewards 

{K0379778.DOC; l} 

L

who may represent employees shall be provided to the UG and the Department every six (6) 

months (January 1 and July l) by the Union. The UG and the Department shall be notified, in 

writing, of any changes in the above names that may occur. 

Section 3.2 Number of Stewards. There may not be more than one (1) Steward and one 

alternate Steward. 

Section 3.3 Prohibited Conduct of Union Officers or Stewards. The Stewards have no 

authority to encourage, incite, or condone work action against the Department or UG. In the 

event of such action by any Steward, helshe shall be subject to immediate discipline. 

ARTICLE 4: UNION COOPERATION _ MANAGEMENT RIGHTS 

Section4.l Union Cooperation. The Union, UG and the Department have entered into this 

Memorandum for the purpose of facilitating the peaceful adjustments of differences that may 

arise from time to time and to promote harmony and efficiency and to the end that the bargaining 

unit ernployees, UG, the Department and the general public may mutually benefit. Consistent 

with this general pu{pose, the Union recognizes that an obligation rests upon each bargaining 

unit ernployee to render honest, efficient and courteous service to UG and its citizens. The 

Union agrees to cooperate with UG in its efforts to strengthen the good will between the 

Sheriff s Department, UG, and the general public. 

The Union recognizes the need for improved methods in providing law enforcement 

services to the citizens of UG and agrees to cooperate with UG and Department in the 

installation of such methods, in suggesting improved methods, in the education of its members 

and the necessity for such changes and improvements. 

During calendar years 2012 through 2015, the UG and Teamsters agtee that no 

bargaining unit employee will be required to accept or be furloughed. All other management 

rights are fully retained by the UG, including permanent reduction in force subject to the right of 

seniority and recall as described herein. For example, the UG will impose lay offs if needed 

because furloughs are not available under the contract. 

Section 4.2 Management Riqhts. It is the intention of the parties hereto that the Employer 

retain each and every right and privilege it ever had except insofar as it has, by this 

Memorandum, agreed to specific limitations for full time clerks. Excluded are temporary and 

part time employees. 

The exclusive rights of the Employer shall include, but are not limited to its right to 

determine the qualifications of its ernployees: to establish or continue policies, practices and 

procedures for the conduct of the Employer and to change or abolish such policies, practices or 

procedures; to introduce new or improved methods, equipment or facilities, to discontinue 

processes or operations or to discontinue their perfofinance by employees; to select, determine 

{K0379778.DOC; I } 

2

and schedule the number and type of employees required; to assign work to such employees in 

accordance with the requirements determined by the Employer; to establish and change work 

schedules; to determine the facts of lack of work; to direct the work of its employees; to hire, 

promote, demote, transfer, assign and retain employees in positions within the public agency; to 

discipline, suspend or discharge employees for just cause; to maintain the efficiency of the 

goveÍìmental operation; to lay off employees; to take actions as may be necessary to carry out 

the mission of the Employer in emergencies; to determine the methods, means and personnel by 

which operations are to be carried on; to develop Standard Operating Procedures, Rules of 

Discipline and Rules and Regulations not in conflict with this Memorandum; to establish and 

maintain reasonable gender appropriate standards for wearing apparel and personal grooming 

and all other prerogatives and responsibilities normally inherent in management of the Employer 

which are not in conflict with the specific provisions of this Memorandum. 

All management rights, powers, authority and functions other than those relinquished by 

the Employer in this Memorandum shall remain vested exclusively in the Employer. 

ARTICLE 5: PROBATIONARY EMPLOYEES 

New bargaining unit employees shall be considered Probationary Employees for the first 

six (6) months of their employment. Any intemrption of employment (leave, sickness, injury, 

etc.) during the probationary period in excess of five (5) working days shall not be counted as 

part of such probationary period. Probationary Employees may be discharged or disciplined at 

the sole discretion of the Employer without recourse to the provisions of this Memorandum. 

Probationary Employees shall not accrue seniority until the completion of their 

probationary period. Upon the completion of the probationary period, the employees' seniority 

date will be measured from their date of hire as provided in Article 6. 

ARTICLE 6: SENIORITY 

Section 6.1 General. Seniority shall be measured by continuous service as an employee of the 

'Wyandotte County Sheriff s Department from the date of last hire, unbroken by other than 

vacation, military leave or other authoized leaves of absence of not to exceed ninety (90) days, 

and lay-off not in excess of two (2) years. Seniority shall be broken by discharge, resignation, 

retirement, lay-off in excess of two (2) years, permanent disability, or if the employee is called 

back to work from layoff and does not report for work within fourteen (14) calendar days of 

receipt of written notice by certified mail. In cases of disputes concerning seniority, the 

Department's records shall govern. Temporary or part-time employees shall not accumulate nor 

exercise any seniority rights. Department seniority shall be lutllized as indicated in this 

Memorandum. 

{K0379778.DOC; 1} 

3

Section 6.2 Seniority Roster. The Employer will maintain an up-to-date seniority roster 

containing names and length of service of employees. Such rosters will be available to the 

Union Stewards and notice will be given when new hires are added. 

Section 6.3 Senior Utility Clerk. 

a. There is hereby included in the bargaining unit personnel inventory the newly created 

position of "senior Utility Clerk." This position shall be filled in accordance with the 

existing terms and conditions of the Memorandum of Understanding between the 

Unified Government and the Teamsters. 

b. The Senior Utility Clerk shall be responsible for supporting all clerical positions 

within the bargaining unit including civil clerks, warrant clerks, tax sale clerk, 

mailroom clerks and any similar position. The Senior Utility Clerk shall be 

responsible for and have knowledge of the duties and functions of each position and 

have capacity to fill that position as directed when vacated permanently or 

ternporarily for any reason as directed by the Sheriff or his designated supervisor. 

The Senior Utility Clerk shall be available to work varying hours, shifts and days 

when a need exists for coverage outside the regular schedule for this position on 

Monday through Friday from 8:00 a.m. through 5:00 p.m. The Senior Utility Clerk 

shall receive such benefits the same as other members of the bargaining unit as 

provided in the Memorandum of Understanding between the Unified Government and 

the Teamsters. 

c. Compensation of the position has been established in the manner similar to other 

clerical personnel and shall reflect the additional responsibility, experience, 

knowledge and flexibility of the position as specified in a certain Letter of 

Understanding agreed to by the parties on December 6,2007, which shall remain in 

effect except to the extent that salaries have increased in accordance with any prior 

Memorandum of Understanding. 

ARTICLE 7: WORK PERIODS 

Section 7.1 General. The Employer has the management right to change the hours of work 

shifts or work periods and to institute new work shifts or periods or discontinue existing work 

shifts or periods. The employer shall give reasonable notice, not less than five (5) working days, 

in advance of permanent modifications of employees work shifts or work periods. 

Section 7.2 Standard Work Week. The standard work week shall be forty (40) hours, except 

during shift or job change periods, and normally consist of five (5) consecutive days of work 

with two (2) consecutive days off. Employees will not be forced to work more than nine (9) 

consecutive calendar days without being offered a day off. Employees' standard work week may 

{K0379778.DOC; 1} 

4

consist of four (4) consecutive ten (10) hour work days, with three (3) consecutive days off, or 

other variations, but still containing forty (40) hours. 

Section 7.3 Standard V/ork Day. Except during shift or job change periods, a standard work 

day shall consist of eight (8) consecutive hours in a twenty-for (24) hour period, or may consist 

of ten (10) consecutive hours in a twenty-four (24) hours period, except for an intermission for 

lunch as provided in Sec. 7.4. 

Section 7.4 Meal Period. Each employee shall be entitled to a thirty (30) minute meal period 

or sixty (60) minute meal period at a time during his regular work day designated by the 

employee's work schedule and the needs of the department. 

Section 7.5 Breaks. Each employee working eight (8) consecutive hours shall be entitled to 

two (2) fifteen (15) minute breaks. Employees working ten (10) consecutive hours shall be 

entitled to three (3) fifteen (15) minute breaks. Breaks may occur during the employee's regular 

work day and designated by the ernployee's supervisor. 

ARTICLE 8: OVERTIME 

Section 8.1 Overtime. All employees shall receive one and one-half (l yr) times their actual 

hourly rate of pay or compensatory time, up to a maximum of two hundred forty (240) 

accumulated compensatory hours, for work performed in excess of forty (40) hours in a given 

work week. (Provided, that, no employee shall have accumulated more compensatory hours on 

the books than that allowed by Federal law and/or regulation which hours have been 

accumulated subsequent to April 15, 1986). Compensatory time may be earned in lieu of 

overtime payment if the employee so elects. For purposes of overtime calculations, the hours 

taken by an employee as a holiday, vacation, compensatory time, unspecified paid leave 

described in Article 16.2 andjury duty, shall be considered as hours worked. 

Section 8.2 Duty to Perform. Employees are required to work reasonable amounts of 

overtime when requested by the employer. In cases of emergency? as determined by the Sheriff, 

Undersheriff, Jail Administrator, or UG Administrator, employees are required to work overtime 

as requested not to exceed 4 hours per daily shift and are subject to discipline for any refusal to 

so work. Bargaining unit members may volunteer for additional overtime. 

Section 8.3 Overtime Distribution. 'When the employer determines that overtime work is 

necessary then the overtime shall be offered in the following fashion: 

Offered first to qualified employees within the Division where the overtime works occurs 

by seniority as set forth in Article 6. 

If there are not enough qualified employees who accept the overtime work requests by 

seniority within the Division where the works occurs, then the overtime work shall be 

{K0379778.DOC; l} 

5

offered to qualified Bargaining Unit employees outside the Division by seniority as set 

forth in Article 6. 

If there are not enough qualified employees who accept the overtime work requests, as 

set forth in paragraphs (a) and (b) above, then the Unified Government may force the 

least senior qualified employees within the Division where the overtime work occurs to 

work that overtime. 

Section 8.4 Holidays. When an employee is required to work on a designated holiday (See 

Article XII), at the direction of the employee's supervisor and such holiday is not a regularly 

scheduled work day for that employee, the employee shall be paid at one and one-haff (l yr) 

times his regular hourly base rate for the hours actually worked. These overtime hours shall not 

be pyramided for pay purposes. 

ARTICLE 9: DISCIPLINE 

Section 9.1 Authority to Discipline. The Union recognizes that the Employer has the 

responsibility for maintaining discipline and the efficient and orderly operation of the 

Department. Accordingly, the authority to discipline employees is vested exclusively in the 

Employer or its designees. Employees, excluding probationary employees, shall only be 

disciplined or discharged for just cause. Discipline or discharge for just cause shall include, but 

not be limited to, discipline or discipline or discharge for violation of the Department's or UG's 

Rules and Regulations, General and Special Orders, and Standard Operating Procedures. The 

Department's or (JG's Rules and Regulations, General and Special Orders, and Standard 

Operating Procedures may be modified from time to time by the Department unilaterally. 

Section 9.2 Imposine Discipline. The severity of the discipline imposed shall be consistent 

with the offense committed. Discipline may be preceded by counseling or warning. Discipline 

may include the following: 

l. Verbal Warnings 

2. Written Warning 

3. Suspension 

4. Discharge 

Whenever it is recommended that an employee is to receive a disciplinary suspension or 

is to be discharged, that employee shall be provided notice of such recommendation and shall be 

provided an opportunity to show cause why he should not be disciplined. The employee may be 

entitled to a union witness at the show cause stage. As a result of the show cause proceeding, a 

recommendation to issue or not issue discipline shall be made to the appropriate supervisor. If a 

disciplinary suspension or discharge shall be issued, then the disciplined or discharged employee 

shall have the right, within fourteen (14) calendar days of the issuance of the discipline, to grieve 

the discipline coÍtmencing the process at step two of the grievance procedure set forth in Article 

Ten (10) herein. 

{K0379778.Doc; 1} 6

Section 9.3 Forfeiture of Benefits and Rights. Employees who are terminated for just cause 

shall forfeit all employnent benefits and rights, except accumulated compensatory time, vacation 

days, sick days as provided in UG Human Resources Guide, retirement benefits in accordance 

with applicable law and any accrued wages. UG shall provide a copy of the UG Human 

Resources Guide to the Union's business representative. 

Section 9.4 On-the-Job lniury. An employee who fails to report to his superior any on-the-job 

injury within forty-eight (48) yours of knowledge of such injury may be disciplined. On the job 

injuries shall be governed by the Human Resources Guide concerning workers compensation 

policies and benefits. 

Section 9.5 Separation from Employment. Upon separation from employrnent within the 

Unified Government, the Department, all Unified Government and Department equipment or 

materials provided the employee by the Unified Government or Department shall be returned. 

Failure to do so shall result in the employee's final paycheck(s) being reduced by the amount of 

seventy-five percent (75%) of the replacement cost of all missing items which have not been 

returned or replaced by the employee. Such withholding shall not be in violation of federal or 

state law. 

ARTICLE 10: GRIEVANCE PROCEDURE 

Section 10.1 General. The term "grievances" as used in this Memorandum shall be any 

dispute, disagreement, or difference between one or more employees and the Employer as to the 

meaning of any terms and provisions of this Memorandum. Any impasse in any negotiations for 

any Mernorandum of Understanding or Agreement shall not constitute a grievance. Where a 

matter within the scope of this grievance procedure is alleged to be both a grievance and 

prohibited practice under the jurisdiction of Public Employer-Employee Relations Board, the 

employee involved may elect to pursue the matter under either the grievance procedure herein 

provided or by action before the Public Employer-Employee Relations Board. If a grievance is 

processed beyond Step 2 of the grievance procedure, the employee(s) and the Union shall be 

deemed to have waived any action or right to f,rle or proceed with such action before Public 

Employer-Employee Relations Board. 

Section 10.2 Grievance Procedure. Grievances by an employee or a group of employees shall 

be handled in the following manner: 

{K0379778.DOC; l} 

A. Time Limits. Management and Union representatives agree to make every 

effort to meet and settle grievances within the prescribed time limits. Any 

failure to comply with the time limits specified herein shall result in the 

grievance being disposed of in favor of the party not in default, i.e. if the 

employee andlor Union fail to meet the grievance procedure time limits, the 

employee's grievance is dropped in the Employer's favor and if the Employer 

fails to meet the grievance procedure time limits, the grievance shall be found 

7

in the employee's favor. Provided, the parties may extend any andlor all of 

the time limits prescribed herein by mutual written agteement. 

B. Commencinq Grievance Procedure. This grievance procedure must be 

conìmenced within fourteen (14) calendar days from the time that the 

grievance occurred or became known, or reasonably should have been known. 

Otherwise, it need not be considered. 

C. Appeals and Responses. 

1) If a grievance is not settled at any step as herein outlined, the decision may 

be appealed to the next higher step in the grievance procedure. 

2) All appeals must be in writing, either on a regular gnevance form or 

otherwise suitably and clearly stated. 

3) Al1 written answers on grievances shall be given to the employee and the 

appropriate Union Steward. 

4) All appeals by employees shall be delivered by hand or by mail; and if 

delivered by mail, shall be considered delivered on the date of the 

postmark, if mailed to the proper party aI his regular office address. 

5) Answers and appeals may be delivered by hand or by mail; and if 

delivered by mail, shall be considered delivered on the date of the 

postmark, if mailed to the proper party at his regular office address. 

6) If a grievance cannot be answered within a specified time in any step 

because of circumstances beyond the Employer's or the Union's control, a 

time extension may be granted by mutual agreement. 

D. Grievance Procedure Steps. The steps in the grievance procedure are as 

follows: 

Steo 1: All employee grievances, except those relating to discipline or 

discharge, first shall be presented in writing by the employee or employees 

concemed to the immediate supervisor within the time limits set forth in 

Section 10.28 of this Article. The supervisor shall give his answer in writing 

to the employee or employees not later than the fourteenth (14th) calendar day 

after the day on which the grievance was so presented. 

Step 2: If a mutually satisfactory settlement of the grievance is not reached 

in the first step, an appeal may be taken to the second step. In such appeal, the 

grievance shall be stated in writing and shall be delivered to the Undersheriff 

or his designee within fourteen (14) calendar days after the supervisor's 

response to Step 1. The appeal shall set forth the place, date, time and nature 

of the occurrence upon which the grievance is based and shall set out the 

particular portions of the Memorandum it is alleged were violated or 

misinterpreted or the discipline being grieved. 

{K0379778.DOC; l} 

8

Grievances appealed to the second step shall be discussed within fourteen 

(14) calendar days of the appeal. At such meeting, the Employer will be 

represented by the Undersheriff and/or his designee and the employee or 

employees will be represented by the appropriate Union Representative and 

Union Steward and the grievant. All employee grievances relating to 

discipline and discharge of an employee will originate at the second step. The 

Employer will answer the grievance in writing after the second step within 

fourteen (14) calendar days, unless such time is extended. 

Step 3: 

Arbitration: If no settlernent is reached by the procedure outlined, 

through Step 2, either party may request arbitration. Any request for 

arbitration must be made as follows: 

(l) Notice in writing of intent to arbitrate shall be delivered by the 

party seeking arbitration to the opposingparty within fourteen 

(14) calendar days of the Undersheriffls decision. The notice 

shall set forth the place, date, time and nature of the occuffence 

upon which the grievance is based and shall set out the 

particular portions of the Memorandum which it is alleged 

were violated or misinterpreted or the discipline being grieved. 

If notice of intent to arbitrate is not delivered within fourteen 

(14) calendar days of the Undersheriffs decision, the issue 

shall be deemed abandoned. 

(2) Within fourteen (14) calendar days after the above notice is 

delivered, the parties will mutually agree upon an arbitrator or 

jointly obtain a list of seven (7) arbitrators from the Federal 

Mediation and Conciliation Service, and the parties will 

alternately and independently strike unacceptable arbitrators 

from a list with the last remaining arbitrator being selected. 

(3) Employees shall not be paid for time spent in attending 

arbitration proceedings other than as a witness on behalf of the 

Employer. 

(a) The jurisdiction and authority of the arbitrator shall be 

governed by the following: 

(a) The arbitrator shall have authority to determine the 

procedural rules or arbitration and shall have the authority 

to make such binding orders as are necessary to enable him 

to act effectively. He shall observe the rules of evidence 

and his decision shall be final and binding on both parties. 

(b) The arbitrator shall have no power to add to, subtract from 

or modify any of the terms of this Memorandum. 

{K0379778.DOC; l} 

9

(c) In the resolution of disputes between the parties to this 

Memorandum, the arbitrator shall give no weight or 

consideration to any matter except the specific language of 

this Memorandum. 

(d) The cost of the arbitrator shall be shared equally by both 

parties. 

(e) The arbitrator shall tape record the proceedings and make a 

copy of the tape available to both the Employer and the 

Union, upon request. 

ARTICLE 11: STRIKES 

The Union, on behalf of its membership, recognizes that the protection of the public 

health, safety and welfare are of paramount importance to itself and the Employer. Therefore, 

during the life of this Memorandum, the Union will not condone nor encourage nor instigate any 

work slowdowns, stoppages or strikes, or any actions that are detrimental to the operations of the 

Employer. 

Any violation of this Article may be the subject of disciplinary action, including 

discharge. The Union shall, within twenty-four (24) hours of the coÍrmencement of any of the 

acts prohibited herein, take all reasonable affirmative action to terminate such conduct. 

ARTICLE 12: VACATIONS _ HOLIDAYS - PERSONAL DAYS - 

FUNERAL LEAVE - MILITARY LEAVE - JURY DUTY _ 

LEAVE OF ABSENCE _ SICK LEAVE _ MATERNITY LEAVE 

F'AMILY MEDICAL LEAVE 

Each employee shall be entitled to vacations, holidays, personal days, funeral leave, 

military leave and jury duty leave, leave of absences, sick leave, maternity leave and family 

medical leave in accordance with the Human Resources Guide of UG, as amended from time to 

time. Provided that, the applicable benefits provided in the Human Resources Guide may not be 

diminished without discussions and written agreement with the Union. Each employee shall be 

entitled to five (5) personal days. 

ARTICLE 

SAF'ETY 

The Sheriff, Union and Unified Government support implementing such reasonable 

measures as to protect the safety and health of the employee. Without precluding or limiting the 

rights of management, the Sheriff agrees that employees desiring a telephone headset may have 

one for use in their job upon written request. The Unified Government agrees to provide 

adequate parking spaces near or adjacent to the primary jail entrance of the parking facility for 

employees of the bargaining unit that work between the hours of 3:00 p.m. and 7:00 a.m. 

Nothing herein shall constitute a guarantee by the Sheriff or the Unified Government as the 

{K0379778.Doc;1} 10

safety or benefits to any employee beyond or in addition to that required by State or Federal law 

or this Memorandum. The parties agree to meet and confer about issues of safety as may be 

needed from time-to-time. Bargaining unit members shall not be required or permitted to escort 

prisoners. 

ARTICLE 13: LAYOFF/RECALL 

Section 13.1 Layoffs. Layofß are involuntary separations made because of lack of work or 

reduction in force. Layoffs shall be made in the inverse order of seniority within the 

Department. 

An employee shall maintain his recall rights for two (2) years from the date of his layoff. 

When employees are recalled, they must be recalled in the order of seniority, i.e. the most senior 

laid offemployee must be recalled first. 

Section 13.2 Recall. The term recall shall apply only to employees who were separated from 

County employment by layoff. Re-employment after resignation, discharge or two (2) years 

after the layoff date shall not be considered a recall. 

The Personnel Department shall have the prime responsibility for administering the recall 

policy. The Department shall have the responsibility for maintaining its recall file. 

Accepting any Department position within two (2) years constitutes a recall and 

automatically removes the laid-off employee's name from the recall file. 

If the Department calls employees back, the call back shall be in the inverse order of the 

layoff. An ernployee recalled to a Department position shall report to work within fourteen (14) 

calendar days of notice of his recall or he shall forfeit all seniority rights and all future recall 

rights. Notice of recall shall be provided by certified mail, return receipt requested, to the 

employee's last address furnished to the Employer. 

ARTICLE 14: PROM 

AND RIDDING 

Section 14.1 General. 

A. It is understood and agreed that it is the responsibility of the employer to determine 

the size of the work force, to declare job opportunities available and to determine 

relative qualifications, including ability, education, experience, ability, and 

performance of bidding employees for avacantposition. 

B. In order to qualify for a permanent promotion, an employee must be able to perform 

the job and must have been properly tested or certified where necessary. 

C. If the Sheriff determines that a position requires enhanced education or a college 

degree or the Sheriff shall adjust compensation to reflect the higher education. 

{K0379778.DOC; l} 

7L

D. Any change in the job description of any bargaining unit position shall be in writing 

and notice given to the Union Stewards and the person or persons holding the job. 

Section 14.2 Permanent Vacancies. 

A. When any peÍnanent job vacancy exists in abargaining unit position, the Employer 

may determine within ninety (90) days from the declaration of the vacancy by the 

Employer, whether such position shall be filled. If it is determined that the position is 

to be filled, it shall be posted within sixty (60) working days from the determination 

to filI it or within a reasonable time thereafter. However, even if the Employer 

initially determines not to fill a position, the Employer expressly rese.rves the right, at 

any later time, to determine that such position should be permanently filled and may 

then post the same for bid. 

B. If the Employer determines that a position is to be permanently filled, the following 

procedure shall govem: 

l) Suchjob vacancies shall be posted internally not less than seven (7) calendar 

days along with information relating to the qualifications required for the 

position. 

2) Employees desiring to apply for a job vacaîcy may do so by being qualified 

and/or certified and by submitting a letter of interest with any supporting 

documentation as required by the Employer and submitting same to the 

Undersheriff within the job posting period. No employee shall be required to 

submit an application for employment as required for new employees. 

3) Such vacancies shall be awarded to the best qualified applicant considering 

the applicant's training, education, experience, performance and ability as 

long as such selection does not contravene any affirmative legal responsibility 

placed upon the Employer, and if all qualifications are equal, then Department 

seniority shall control in selection of the employee to fill the job vacancy. 

Section 14.3 Filling Vacancies. Nothing herein shall prohibit the Employer from advertising 

for applicants for bargaining unit positions, which positions, within the Employer's 

determination, require special education, training, ability, experience or certification, or for 

positions which have been posted and remain unfilled due to lack of bidders or lack of qualified 

bidders. 

ARTICLE 15: MEDICAL INSURANCE 

During the term of this Memorandum, the UG agtees to offer the employees of the 

bargaining unit the same medical plans which are made available to the UG's employees 

generally and the UG shall be responsible for that portion of the premiums which it pays for 

other UG employees generally. Because of the uncertainty surrounding the Affordable Care Act, 

Article 15 is subject to reopener for years 2014 and 2015. 

{K0379778.DOC; I } 

T2

ARTICLE 16: COMPENSATION 

Section 16.1 Wages. Employees shall be entitled to receive the compensation as set forth in 

Appendix "A" attached hereto for the calendar year 2013. Article 16.1 is subject to reopener for 

years2014 and 2015. 

Section 16.2 Wage Increases - Unspecified leave. Bargaining unit members who were on staff 

as of Decernber 1, 2011 received 40 hours of unspecified paid leave to be used before December 

3I, 2015. Prior to usage, this leave must be requested of the Sheriff or his designee and will be 

granted subject to manpower requirernents. 

Section 16.3 Step increases shall accrue to bargaining unit members on the second (2'd), fifth 

(5th), tenth (10'n), fifteenth (15tn), twentieth (20th) and twentieth-fifth (25t5 year anniversaries of 

the employee's date of hire as provided in Appendix "4." No employee shall receive any 

additional compensation including longevity pay, except as provided herein. 

Section 16.4 Bilingual Employee Certification. Employees may be selected to serve as 

Certified Bilingual Employees by the Sheriff. There shall be three (3) Certified Bilingual 

Employees from the bargaining unit who will receive a monthly special duty pay of fifty dollars 

($50.00) per month for the fulI year. The Department shall choose the specific language it 

determines is needed and number of needed employees for each language that is chosen. The 

Department shall reimburse employees a one-time certification fee upon proof of the successful 

completion of the certification process and confirmation by the Kansas City Kansas Community 

College, up to a maximum one-hundred dollars ($100.00). Although the Department shall pay 

those employees selected as Certified Bilingual Employees, ffiy use of Certified Bilingual 

Employees will be at the discretion of the Department. If a Certified Bilingual Employee 

declines a request to assist, then that employee may be removed from eligibility as a Certified 

Bilingual Employee and shall not be paid or allowed to be on any Department list as such. If the 

Department determines that an off duty Certified Bilingual Employee is needed for duty, 

Certified Bilingual Employees shall be offered the assignment in the order of their seniority. If 

insufficient off duty employees are obtained, the Department may force an employee for the 

specific language needed, in reverse order of seniority. This list shall not be affected by 

employees who were first assigned for such use on duty. If an off duty, paid, Certified Bilingual 

Employee, not on an approved leave, declines to be called in for duty three (3) or more times in 

any consecutive twelve (12) month period, not including approved leave periods, then that 

employee may be removed from eligibility as a Certified Bilingual Employee for a period of 

time not to exceed twelve (12) months. 

{K0379778.DOC; l} 

L3

ARTICLE 17 _ ALCOHOL AND 

F'REE WORKPLACE TESTING 

17.l General. "Al1 employees" shall be subject to the provisions of the Drug-Free Workplace 

Act of 1988, as amended, and subject to the City of Kansas City, Kansas Human Resources 

Guide on Substance Abuse and Drug and Alcohol Testing as amended from time to time. 

ARTICLE 18 - SMO 

F'REE WORKPLACE 

18.1 General. The Union and UG agree to be governed by policies and procedures concerning 

the Smoke-Free Worþlace. Smoking by employees upon the Department's or UG's premises or 

in a Department or UG owned, operated and controlled vehicle is prohibited, except in listed 

designated smoking areas. Any violations may subject employees to discipline. 

ARTICLE 19 - CLOTIIING 

19.1 General. Beginning with this contract, upon successful completion of the probationary 

period, employees will be issued 5 uniform shirts and 2 uniform slacks. Current employees will 

be issued 2 uniform slacks. The uniform shirts and slacks must be worn while at work. 

Employees may opt out of wearing uniform slacks, but not shirts, so long as the slacks worn are 

Navy, Khaki or Black slacks. Employees must opt out of the uniform slacks in writing. 

Replacement of uniform shirts and slacks will be provided as needed in the judgment of the 

employer. Employees are able to purchase additional uniform shirts and slacks from the 

employer's vendor at their own cost if they so choose. 

ARTICLE 20: ENTIRE 

UM OF UNDERSTANDING 

This Memorandum of Understanding supersedes and cancels all previous agreements and 

all existing unwritten practices between UG or Department and the members of the bargaining 

unit and constitutes the entire Memorandum between the parties, except as to those areas of 

employment not covered herein which are subject to UG Policies or Resolutions. Any conflict 

which may exist between existing or future UG Policies or Resolutions and provisions of this 

Memorandum of Understanding shall be determined in favor of this Memorandum of 

Understanding. Any amendment or agreement supplemental hereto shall not be binding upon 

either party unless executed in writing by the parties hereto. The parties further acknowledge that 

during the negotiations which resulted in this Memorandum each had the unlimited right and 

opportunity to make demands and proposals with respect to any subject or matter not removed 

by law from the area of collective meeting and conferring and that the understandings and 

agreements arrived at by the parties after the exercise of that right and opportunity are set forth in 

this Memorandum. 

Therefore, UG, Department and the Union for the life of this Memorandum, agree that 

the other shall not be obligated to negotiate collectively, but may, if mutually agreeable with 

{K0379778.DOC;I} 

L4

espect to any subject or matter referred to or not specifically referred to or covered in this 

Memorandum. Wavier of any breach of this Memorandum by either party shall not constitute a 

waiver of any fuither breach of this Memorandum. 

ARTICLE 21: SAVINGS CLAUSE 

Should any term or provision of this Memorandum be in conflict with any State of 

Federal statute or other applicable law or regulation binding upon UG or the Wyandotte County 

Sheriff, except UG Ordinances and Resolutions, such law or regulation shall prevail. In such 

event, however, the remaining terms and provisions of this Memorandum will continue in full 

force and effect. 

If any article or section of this Memorandum shall be held invalid by operation of law or 

by any tribunal of competørt jurisdiction, or if compliance with or enforcement of any article or 

section shall be restrained by such tribunal, the remainder of the Memorandum shall not be 

affected thereby. The parties shall then enter into immediate collective negotiations for the 

purpose of arriving at a mutually satisfactory replacement for such article or section. 

ARTICLE 22: DURATION AND REOPENER 

This agreement shall become effective on January 1,2013 and shall terminate at the close 

of business on December 31, 2015. The UG and the Union agree they will attempt to begin 

discussions on or about October l, 2014 to attempt to arrive at a new Memorandum of agteement 

to be effective January 1,2015. 

The UG and the Union agree they will attempt to begin discussions on or about October 

I,2013 and2014, respectively, so to reach agreement on these reopeners prior to January 1, 

2014 and January 1,2015 respectively. 

This agreement, and any written amendments made and annexed hereto, shall continue in 

fulI force and effect until midnight, December 31,2015. 

{K0379778.DOC; I } 

L5

IN WITNESS WHEREOF, THE COUNTY, DEPARTMENT AI\D THE UNION 

has hereunto set their hands this day of 20t2. 

FOR THE UNIFIED GOVERNMENT OF 

WYANDOTTE COUNTY/KANSAS CITY, KANSAS 

FOR THE TEAMSTERS 

LOCAL NO. 955 

)9-&Y- 

IA 

FOR THE SHERIFF OF WYANDOTTE COUNTY 

Approved as to form: 

Jody Boeding, Chief Counsel 

Attest: 

Unifi ed Government Clerk 

{K0379778.DOC; l} 

L6

APPENDIX A 

2013 

Clerk 

Program 

assistant 

Warrants 

Clerk, 

Classification 

tech 

Senior Utility 

Clerk 

2014 

2015 

0-23 mos 

$2,280.54 

$2,396.18 

$2,461.05 

$2,855.46 

2 years 

$2.356.31 

$2,471.94 

$2,536.81 

$2,945.65 

5 years 

$2.451.01 

$2,566.64 

$2.631.51 

10 years 

$2.593.07 

$2.708.70 

$2,773.56 

$3,055.62 $3,220.56 

TO BE NEGOTIATED 

TO BE NEGOTIATED 

15 vears 

$2,782.47 

$2.898.10 

$2.962.97 

$3,440.s0 

20 vears 

3,066.s8 

3,182.22 

3.247.09 

3,770.41 

25 years 

$3,403.90 

$3,s32.26 

$3,604.27 

$4.185.15 

{K0378675.DOC; l}




gfedc Revised 

gfedc On Going 



Date of Standing Committee Action: 1/4/2013 


None -- Union contract ratified by union 

explain): 



1/10/2013 



1/4/2013 Jody Boeding 

573-5069 jboeding@wycokck.org jb Legal 


Attached Resolution authorizing execution of the attached Memorandum of Understanding between the Unified Government 

and the United Food and Commercial Workers, District Union Local Two, Public Safety Dispatch Division for the period 

January 1, 2013 through December 31, 2013. The contract provides for 3% COLA in 2013 consistent with Commission 

direction. 


Adopt resolution approving the contract. 

gfedc 



Amount: $ 

Source: 



File Attachment 

File Attachment

RESOLUTION NO. ______________________ 

BE IT RESOLVED BY THE BOARD OF COMMISSIONERS OF THE UNIFIED 


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 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 Memorandum of Agreement between the Unified 

Government of Wyandotte County/Kansas City, Kansas, and The United Food & 

Commercial Workers, District Union Local Two, Public Safety Dispatch Division, for the 

period January 1, 2012, through December 31, 2013. 

ADOPTED BY THE BOARD OF COMMISSIONDERS OF THE UNIFIED 

GOVERNMENT OF WYANDOTTE COUNTY/KANSAS CITY, KANSAS 

THIS 10 th DAY OF JANUARY 2013. 

____________________________________ 


Unified Government Clerk

MEMORANDUM OF UNDERSTANDING 

BETWEEN 

UNIFIED GOVERNMENT OF WYANDOTTE COUNTY/ 

KANSAS CITY, KANSAS 

and 

THE UNITED FOOD & COMMERCIAL WORIGRS 

DISTRICT UNION LOCAL TWO 

PUBLIC SAFETY DISPATCII DIVISION 

TERM OF THE AGREEMENT 

JANUARY 1,2013 - DECEMBER 31,2013 

{K0379907. DOC, 1 } 

t

UNIFIED GOVERNMENT - LOCAL 2 

MEMORANDUM 

2013 

F 

ARTICLE 1 

ARTICLE 2 

RECOGNITION 

S 1.1 Recognition 

UNION STATUS Al\[D RIGHTS 

S 2.1 Right of Organization 

52.2 Right of Representation 

S 2.3 Dues Deduction 

S 2.4 Union Business 

S 2.5 Bulletin Boards 

S 2.6 Conferences 

S 2.7 Personnel File 

S 2.8 Stewards' Responsibilities 

page 1 

page2 

page2 

page2 

page 3 

page 3 

page 4 

page 4 

page 5 

ARTICLE 3 

ARTICLE 4 

UNION COOPERATION . MANAGEMENT RIGHTS 

S 3.1 Union Cooperation page 6 

S 3.2 Management Rights 

pageT 

NON-DISCRIMINATION 

S4.1 Non-Discrimination page 8 

ARTICLE 5 

ARTICLE 6 

PROBATIONARY EMPLOYEES 

S 5.1 Probationary Employees 

SENIORITY 

S 6.1 General 

S 6.2 Annual Bid and Promotions 

S 6.3 Permanent Vacancies 

(A) New Hires 

(B) Between Bids - Lead Dispatcher Position 

(C) Between Bids 

(D) Injured Employees 

S 6.4 Seniority Roster 

page9 

page9 

page 10 

page12 

page12 

page12 

page12 

page l3 

page 13 

{K0379907. Doc, 1 } 

l_1

ARTICLE 7 

ARTICLE 8 

ARTICLE 9 

ARTICLE 10 

ARTICLE 11 

LAYOFFS AND RECALL 

S 7.1 Notice of Layoff 

S 7.2 Layoff 

S 7.3 Recall Rights 

HOURS AND OVERTIME 

S 8.1 General 

S 8.2 Overtime 

(A) General 

(B) Personnel Shortages 

(l) Anticipated Vacancies 

(2) Emergencies 

S 8.3 Shift Assignments 

S 8.4 Meal Period 

S 8.5 Breaks 

S 8.6 Pay Checks 

S 8.7 Use of Accumulated Compensatory Time 

S 8.8 Termination - Compensatory Time 

CLASSIFICATION AND \üAGES 

S 9.1 Classifications 

S 9.2 Salary 

S 9.3 Merit Incrernents 

S 9.4 Acting Lead Dispatchers 

S 9.5 Longevity Pay 

S 9.6 Trainer's Pay 

WORIilNG CONDITIONS 

S 10.1 UG Business 

S 10.2 Uniforms 

S 10.3 Lunch Room 

S 10.4 Headsets - Hearing Tests 

GRIEVANCES 

S 

1 l.l Grievance Procedure 

Step 1 

Step 2 

Step 3 

Step 4 

page 13 

page14 

page14 

page l5 

page l5 

page 15 

page76 

page16 

page 18 

page20 

page2I 

page2l 

page22 

page23 

page24 

page24 

page25 

page25 

page25 

page26 

page26 

page27 

page27 

page28 

page28 

page29 

page29 

page 30 

page 30 

page 30 

{K0379907.DOC,' 1} 

aal-

ARTICLE 12 

ARTICLE 13 

ARTICLE 14 

ARTICLE 15 

ARTICLE 16 

ARTICLE 17 

STRIKES AND LOCKOUTS 

S 12.1 Strikes and Lockouts 

VACATIONS 

S 13.1 Entitlement 

S 13.2 First Year - Pro Ration 

S 13.3 Holidays 

S 13.4 Scheduling 

S 13.5 Exception 

S 13.6 Pro-Rata Vacation 

S 13.7 Termination of Service 

RETIREMENT AND PENSION FUND 

S 14.1 Retirement and Pension Fund 

INSURANCE 

S 15.1 Medical Plan 

S 15.2 Benefit Advisory Committee 

LEAVES OF ABSENCE 

S 16.1 Leaves of Absence 

S 16.2 General Leaves of Absence 

S 16.3 Personal Days 

S 16.4 Emergency Leave 

S 16.5 Family Medical Leave 

S 16.6 MilitaryLeave 

S 16.7 Injury Leave 

S 16.8 Funeral Leave 

S 16.9 Sick Leave 

S 16.10 Exhaustion of Accrued Sick Leave 

S 16.11 Donation of Sick Leave 

S 16.12 Excessive Use of Sick Leave 

IIOLIDAYS 

Sl 7. 1 Designated Holidays 

Sl 7.2 Additional Holidays 

S17.3 Conversion of Holiday Credits 

517.4 Sick Leave Use on Holiday 

517.5 Work on Thanksgiving or Christmas Day 

page 33 

page34 

page34 

page34 

page 35 

page37 

page37 

page 38 

page 38 

page 38 

page 40 

page40 

page4l 

page4l 

page42 

page 42 

page42 

page43 

page44 

page 44 

page 47 

page 48 

page49 

page 51 

page 51 

page 51 

page 51 

page 51 

{K0379907.DOC.' 1} 

_tv

ARTICLE 18 

ARTICLE 19 

ARTICLE 20 

ARTICLE 21 

DISCIPLINE 

S18.1 Discipline page52 

TECHNOLOGICAL CHANGE 

51 9. I Technological Change page52 

ALCOHOL & DRUG FREE WORKPLACE AND TESTING 

520.1 Alcohol & Drug-Free Worþlace and Testing page 53 

520.2 Smoke-Free Worþlace page 53 

ENTIRE MEMORANDUM OF UNDERSTAIIDING 

S 21.1 Entire Mernorandum of Understanding page 53 

ARTICLE 22 SAVINGS CLAUSE 

522JSavings Clause 

page54 

ARTICLE 23 

APPENDIX A 

DURATION 

S 23.1 Duration 

CLASSIFICATION PAY CHART 

page 55 

{K0379907. DOC; 1 }

MEMORANDUM OF UNDERSTAIIDING 

Whereas, the parties hereto desire to maintain a harmonious relationship, to advance 

mutual interests in the preservation of public safety, law and order; to promote standards and 

conditions of employment for Public Safety Dispatch Division (hereinafter referred to as 

"Division") of the Unified Govemment of Wyandotte County/Kansas City, Kansas (hereinafter 

referred to as "IJG"); to achieve harmonious and peaceful adjustment of differences which may 

arise; and to establish standards of wages, hours, benefits and other conditions of employment. 

Now therefore, in consideration of mutual covenants and agreements hereinafter 

contained, UG and the Union hereby agree as follows: 

$ 1.1 Recognition 

ARTICLE I - RECOGNITION 

The Unified Government ofWyandotte County/Kansas Cit¡ Kansas (hereinafter "UG") 

and the Kansas City, Kansas Police Department of UG (hereinafterthe "Department") recognize 

and acknowledge Local 2, of the United Food & Commercial Workers International Union, 

(hereinafter the "Union") as the exclusive bargaining representative for all full-time and regular 

part-time Public Safety Dispatchers employed by the Department for the purpose of negotiating 

collectivelywith UG and Department pursuant to the Public Employee Relations Act ofthe State 

of Kansas, with respect to wages, hours, benefits and other terms and conditions of employment. 

The recognition herein afforded extends only to those classifications of employees which are in 

the bargaining unit for which the Union received certification as exclusive bargaining 

representative by the Public Employee Relations Board in Unit Certif,rcation Case No. 

75-UC-5- 1 979 . Excluded from the representation herein afforded are all swom officers, all Police 

{K0379907. DoC, 1 }

Cadets of UG's Police Department, all positions represented by the IAFF, Local 64, confidential 

and supervisory employees of UG. 

ARTICLE II. UNION STATUS AND RIGHTS 

S 2.1 Right of OrganÍzation 

Employees may have the right to join and participate in the Union for the purpose ofthis 

Memorandum. 

S 2.2 Right of Representation 

Employees shall have the right to be represented by the Union to negotiate collectively 

with UG, in the determination of their wages, hours, terms and conditions of ernployment, and 

the administration of grievances. UG and Union recognize the Union's duty to represent all the 

employees in the Division fairly and effectively. 

S 2.3 Dues Deductions 

UG agrees to deduct Union dues from the employee's earnings, providing that the 

following procedure is followed: 

(1) Employees shall individually furnish to UG written authorizations for UG to 

deduct Union dues from the individual employee's earnings; said authorizations 

shall be in compliance with K.S.A. 44-808(5). Employees may revoke the 

authonzation by giving thirty (30) days written notice to the Employer and the 

Union at the end of any year of the life of the authorization. 

(2) When provided with the proper written authonzations UG shall deduct the 

appropriate Union dues from the wages of employees in the bargaining unit. 

1K031 9901 . DoC; 1 ) 

2

(3) Such dues deductions made by UG will be transmitted to the Union at the 

address designated, on or before the last day of the month following their 

deduction. 

(4) The Union shall refund promptly any such dues found to have been improperly 

deducted and transmitted to the Union. 

S 2.4 Union Business 

A. UG agrees that the Chief Steward and the respective Shift Stewards in the Chief 

Steward's absence, or the Business Agent of the Union may conduct Union business during 

regular working hours in accordance with Section 2.8 of this Memorandum. In the absence ofthe 

Chief Steward, the respective Shift Steward will have the same authority to conduct Union 

business as the Chief Steward, provided, that the Communications Commander or in his/her 

absence the Shift Supervisor on duty shall be notified and shall consent when Union business 

maybe conducted. Provided, further, the Communications Commanderorinhis/herabsencethe 

Shift Supervisor on duty must give their consent for the Business Agent to enter the Dispatch 

Room. 

B. All Bargaining Unit employees involved in collective bargaining negotiations will be 

compensated for actual hours of work missed by the Union. All hours paid to Bargaining Unit 

employees by the Union will be counted as time worked for the UG for the pu{poses of accrual of 

benefits, with the exception of overtime. 

S 2.5 Bulletin Boards 

The Union shall have the privilege of the use of an existing bulletin board in the 

1K031 9901 . ooc; 1 ) 

3

designated area of the Public Safety Dispatch Center for the purpose of posting notices of its 

legitimate activities. All Union notices so posted shall contain the date, an appropriate letterhead 

which clearly indicates that the notice relates to activities of the Union and shall be submitted to 

the office of the Communications Commander, prior to its posting. It shall be the responsibility 

ofthe Communications Commander, Shift Supervisor, Chief Steward or alternate Steward ofthe 

Union to rernove notices which are outdated or unauthonzed. 

S 2.6 Conferences 

The duly elected and designated representatives ofthe Union may attend state or national 

conferences of her orgarrization or attend educational conferences in which her organization 

participates or sponsors by the use of a bank of fifty (50) working days with pa¡ provided, that 

such employee's absence is approved in writing within the discretion of the Communications 

Commander. 

UG and the Union are in agreement that it is in the best interest of the employees and the 

Department that employees participate in professional, educational, and training courses that are 

work related. The Department shall make known certain job related courses, when theybecome 

available, and may designate certain employees to attend. 'When employees become aware ofjob 

related courses, they may submit the information concerning the same, along with a written 

application to attend, to the Communications Commander. 

S 2.7 Personnel File 

Employees shall have the right upon written request to review the contents of their 

personnel file in the presence of a representative of UG. Copies of documents within the 

{K0379907.DOC,' 1} 

4

employee's file may be furnished upon written request by the employee and payment. 

$2.8 Stewards'Responsibilities. 

A. Stewards' Authority. 

The authorityofthe Chief Steward or Shift Stewards so designatedbythe Union, shall be 

but not limited to the following duties and activities. 

1) the investigation of grievances in accordance with the provisions of this 

mernorandum. 

2) the transmission of such messages and information which shall originate with, and 

are authorized by the Union or its officers provided such messages and 

information (a) have been reduced to writing or (b) if not reduced to writing is not 

in violation of Article XII regarding strikes and lockouts. 

B. Stewards' Activities. 

Stewards shall be permitted reasonable time to investigate and process grievances without 

loss of pay during regular working hours, providing enough personnel remain on duty to provide 

adequate division operations. Time spent on union activities or representation of members 

outside of any steward's normal work hours shall not be considered time spent in the employ of 

UG or the Division. The Stewards shall not absent themselves from their assigned posts without 

the permission of their supervisor. Anyreasonable request shall be granted provided it does not 

interfere with efficient operation of the division. 

C. Prohibited Conduct. 

The Stewards shall have no authorityto take strike action or any other action intemrpting 

{ K0 3 7 9 9 0 7 . DOC ; 1 } 

5

the Division's operation. In the event of such action by the Stewards, they shall be subject to 

proper discipline. 

D. Number of Stewards. 

There shall be one (1) Chief Steward and one (1) Secretary for the Division and there 

shall also be one (1) Steward per shift appointed byUFCV/ Local No. 2. The Stewards' names 

shall be furnished to the Communications Commander. The respective Shift Stewards shall only 

function in this capacity in the absence of the Chief Steward, provided that the Unit Commander 

is notified of and is aware of the Chief Steward's absence. 

ARTICLE III- UNION COOPERATION - MANAGRMENT RIGHTS 

S 3.1 Union Cooperation 

The Union and UG have entered into this Mernorandum forthepurposes of facilitating 

the peaceful adjustment of differences that may arise from time to time and to promote harmony 

and efficiency and to the end that the Public Safety Dispatchers and UG and the general public 

may mutually benefit. Consistent with this general pu{pose, the Union recognizes that an 

obligation rests upon each Department employee to render honest, efficient and courteous service 

to UG and its citizens. The Union agrees to cooperate with UG in its efforts to strengthen the 

good will between the Department and the general public. 

The Union recognizes the need for improved methods in providing services to the 

citizens of UG and agrees to cooperate with UG and the Department in the installation of such 

methods, in suggesting improved methods in the education of its members and the necessity of 

such changes and improvønents. 

{K0379907.DOC; 1} 

6

S 3.2 Management Rights 

By entering into this Memorandum, UG has agreed to certain specific limitations on its 

rights to manage the Division of the Department and direct the personnel. However, it is the 

intention of the parties hereto that UG retain each and everyright and privilege it ever had except 

insofar as it has, by this Memorandum , agreed to specific limitations thereon. UG has, by certain 

specific articles of this Memorandum, relinquished a portion of its exclusive management.ights 

and it is understood that those articles shall supersede the reservation of rights to the extent of the 

article in conflict. 

The exclusive rights of UG, which are not abridged other than by this Memorandum 

shall include, but are not limited to, its right to determine the existence or nonexistence of facts 

which are the basis of a management decision; to establish or continue policies, practices and 

procedures for the conduct of the Department and to change or abolish such policies, practices or 

procedures; to introduce new or improved methods, equipment or facilities; to discontinue 

processes or operations or to discontinue their performance by Dispatchers; to select, determine 

and schedule the number or type of employees required; to assign work to such employees in 

accordance with the requirements determined by the Department; to establish and change work 

schedules and assignments; to determine the facts of lack of work; direct the work of its 

employees; hire, promote, demote, transfer, assign and retain employees in positions within the 

public ageîcy, discipline, suspend or discharge employees for proper cause; maintain the 

efficiency of governmental operations; to lay-off employees; take actions as may be necessary to 

cany out the mission of the Department in emergencies; determine the methods, means and 

personnel by which operations are to be carried on; to unilaterally develop Standard Operating 

{K0319901 .DOC.. 1' 

,

Procedures, Rules and Regulations and Policies not in conflict with this Memorandum; to 

establish and maintain reasonable standards for wearing apparel and personal grooming; and all 

other prerogatives and responsibilities normally inherent in management of UG or Department 

which are not in conflict with specific provisions of this Memorandum. All management rights, 

power, authority and functions other than those relinquished by UG in this Memorandum shall 

remain vested exclusively in UG. 

Neither UG nor the Union through their officers, members, representatives, agents or 

committees, shall engage in any subterfuge of anykind for the purpose of defeating or evading the 

terms of this Memorandum. 

ARTICLE IV . NON-DISCRIMINATION 

S 4.1 Non-Discrimination 

UG and the Union agree that they shall not directly or indirectly discourage or deprive or 

coerce any employee in the enjoyment of any.ights conferred by the laws of Kansas and the 

United States; that UG shall not discriminate against any employee with respect to hours, wages 

or any other term or condition of emplo¡rment by reason of his membership in the collective 

negotiations with UG or his institution of any grievance, complaint or proceeding under this 

Memorandum with respect to any terms or conditions of ernployment and that each will fully 

comply with applicable laws and regulations regarding discrimination against any employee 

because of such person's race, religion, color, creed, national origin, sex, age or disability. When 

words of gender are used in this Memorandum, the male term shall include the female and the 

female term shall include the male. The Union recognizes its responsibility as Bargaining 

Rçresentative and agrees fairly to represent all employees in the Bargaining Unit. 

{ K0379907 . DOC,. 1t 

u

ARTICLE V - PROBA 

ONARY EMPLOYEES 

S 5.1 Probationary Employees 

A new employee shall be considered a probationary employee for the first twelve (12) 

months of her employment. This period may be extended for a time not to exceed ninety (90) 

days, by the written agreement of the Employer, Employee and Union. Any intemrption of 

employment (leave, sickness, etc.) during the probationaryperiod in excess of five (5) days shall 

not be counted as part of the period. During that time the employees may be discharged or 

disciplined at the sole discretion of the Department without recourse to the provisions of this 

Memorandum. Probationary employees shall not accrue seniority until the completion of their 

probationary period. Upon the completion of the probationary period, the employee's seniority 

date will be measured from her date of hire as provided in Article 6 except for those employees 

hired after January I ,2013 whose seniority date will be measured from the date that the employee 

is released from training as provided in Article 6. An employee's probationary period shall 

commence on the employee's frrst (1') physical day on the job. 

ARTICLE VI - SENIORITY 

S 6.1 General 

Seniority shall be measured by the amount of continuous service in the Police 

Department Communications Unit and the Public Safety Dispatch Division from the date ofhire, 

except for those employees hired after January 1,2013 whose seniority date will be measured 

from the date that the employee is released from training; provided, that no Bargaining Unit 

employee whose seniority was previously established þrior to January 1, 1985) according to the 

{ K0 3 7 9 9 0 7 . DOC ; 1 } 

9

total time served in the employ of UG or Kansas City, Kansas Police Department shall suffer any 

loss of seniority. Any of the following events shall be considered a break in length of service for 

seniority and subsequent employment shall be deemed to be new employment. 

(A) 

(B) 

(c) 

(D) 

(E) 

(F) 

(G) 

(H) 

(r) 

(r) 

Dismissal for just cause. 

Voluntary quitting. 

Suspension in excess of forty-five (45) days. 

Failure to report to UG within twenty-four (24) hours of absence from work 

without good cause. 

Failure to return to work within one (1) week after being recalled by UG by 

certified mail at the last known address. 

Has been laid off for twelve (12) months or more. 

Has been on general leave of absence for a period of more than four (4) months. 

Permanent disability. 

Retirement. 

Failure to report to UG within twenty-four (24) hours of the expiration of any 

approved leave ofabsence, vacation or disciplinary layoff. 

The seniority of employees either from the date of hire or from the date released from 

training, as applicable, on the same date shall be determined by the average of the scores on the 

pre-hire examination, administered by UG Human Resource Department. In cases of disputes 

concerning seniority the Department's records shall govern. 

S 6.2 Annual Bid and Promotions 

Bargaining Unit seniority shall govern in annual bidding for shifts and days oft and 

promotions when the qualifications of the employees involved, including training, education, 

experience, ability and work performance are equal. Particular training courses which are being 

offered to all employees of the bargaining unit, but have not been completed by all employees may 

not be considered for purposes of this section. Lead Dispatchers' days off shall be assigned bythe 

Communications Commander, provided that these days off shall consist of two (2) consecutive 

days on weekends (i.e. Friday - Saturday - Sunday - Monday). The annual bid shall occur on or 

{K0379907. Doc; l- t 

,_ O

efore the last pay day in November of aîy year covered by this Memorandum. The 

Communications Commander may disqualifu applicants for Lead Dispatcher positions if within 

hisÆrer opinion such applicant does not possess qualifications for such position. The rejected 

applicant may appeal such rejection to the Bureau Director. 

Employees with less than one (1) year Communications Unit or Division seniority shall 

not be eligible to bid but may be assigned to the various shifts as determined by the Department. 

An employee, with prior written approval of the Communications Commander may be 

allowed to exercise her bid rights by proxy. The proxy shall be signed by the employee and shall 

designate the ernployee's first three bid choices. One copy of the proxy shall be given to the Chief 

Steward, who shall exercise it and one copy shall be given to the Communications Commander. 

The employee proxy bid shall be given to the Chief Union Steward and Communications 

Commander no later than twenty-four (24) hours prior to the annual bid day. If such employee is 

unable to obtain abid position with any ofher alternative choices, then she shall be assigned to an 

unbid position by the Communications Commander. 

Employees who do not exercise the opporlunity to bid during the appropriate period shall 

forfeit their right to bid. The employee shall then be assigned to any unbid position by the 

Communications Commander. 

If an employee is unable to fulfill the position which he/she has successfully bid, within 

ten (10) calendar days of its effective date, then the position shall be considered temporarily 

vacant and may be filled by the Communications Commander by assignment. If the successfully 

bidding employee is unable to fulfill the position within sixty (60) calendar days of the job's 

effective date, then the position shall be considered a permanent vacancy and may be rebid. 

{K0379907.DoC; 1t 

,r_

S 6.3 Permanent Vacancies 

A) 

Newly hired dispatchers may be assigned to vacant positions on any of the three 

unit shifts. Once that employee becomes a qualified dispatcher, and ready to 

work on their own, in accordance with the consensus opinion of the training 

employee, Shift Supervi sor and Communications Commander, then that po sition 

being filled by that employee if determined to be permanent, shall be posted 

within forty-five (45) calendar days of determination of qualification and 

readiness, for three (3) calendar days and may be filled by bidding among 

dispatchers. The qualified, most seniorbidding dispatcher shall be awarded the 

position. Upon award of that bid the successful bidder's former position may be 

filled by the same procedure. This procedure shall continue until there are no 

bidders for the permanent vacancies so created. At that time, the remaining 

vacant position(s) shall be filled by assignment of the Communications 

Commander from the least seniorbut qualified dispatcher assigned to that shift. 

Successful bidders shall not receive overtime payment for working more than the 

basic work week when she changes her days off. 

B) 

Permanent vacancies occurring between annual bids, within the position of Lead 

Dispatcher, shall be filled in accordance with Section 6.2 - Arrrrual Bids and 

Promotions. Such vacancies shall be open to qualified dispatchers on all shifts. 

c) 

Permanent dispatcher vacancies occurring between annual bids which are not 

abolished by the U.G. shall be bid in accordance with Section 6.2 - 

Anntal Bid 

{K0379907. DOc; 1 } 

and Promotions - 

provided that such bid shall occur within 45 days from the date 

72

that the vacaîcy was created rather than at the time of the annual bid. Such 

vacancies shall be open to qualified dispatchers on all shifts. 

D) When vacancies are created by an employee being injured on duty and not 

returning to work for a period of four (4) months due to such injury, thaf 

employee's position may be posted for bid by any qualified ønployee and may be 

filled based upon the bidding ernployee's qualifications, including training, 

education, experience, ability, and work performance consistent with the 

Americans with Disabilities Act (A.D.A.) and Family and Medical Leave Act 

(F.M.L.A.). Particular training courses which are being offered to all employees 

of the Bargaining Unit, but have not been completed by all employees may not 

be considered for purposes of filling vacancies. When the injured employee 

returns to her duties with the division she shall be placed in any vacant position 

at the discretion of the Communications Commander. 

S 6.4 Seniority Roster 

An up-to-date seniority roster containing names and the length of total continuous 

service will be posted not later than fifteen (15) days prior to the commencement of the bid 

period. In the event any employee believes an error has been made as to her position on the 

seniority roster, she shall have fifteen (15) days after the posting of the roster to file her protest in 

writing, with the Communications Commander. 

ARTICLE VII. LAYOFFS AND RECALL 

S 7.1 Notice of Layoff 

{K0379907. DoC; 1 } 

13

When it is determined that a reduction in force is necessary, UG will notifr the Union 

and affected employees of the impending layoff and the date thereof. 

57.2 Layoff 

A) 

Layoffs or job displacement due to reduction in force shall be made according to 

seniority. Provided that, senior ernployees within a job classification may 

displace a junior employee within a lower grade of the same classification as 

long as the senior employee is immediately capable, ofperforming the duties of 

the lesser position. 

B) 

No full-time employee in the Bargaining Unit shall be laid-off as long as there 

are probationary employees working. 

S 7.3 Recall Rights 

A) The order of recall shall be governed by the employee's seniority. 

B) Notification of recall shall be given by UG by certified mail, return receipt 

requested, to the recalled employee at his last address furnished to UG. 

C) Within four (4) calendar days after such notice is postmarked, the employee must 

advise the Personnel Department whether he accepts such reinstatement. Any 

recalled employee who fails to notifu the Personnel Department within four (4) 

calendar days, as outlined above, shall forfeit all seniority rights and 

opportunities for future recall. The next employee on the seniority list may be 

notified of the opening and the above procedure shall be repeated until the 

vacancy is filled. If no employee remains on the seniority list to fill the vacancy, 

{K0379907.DOC; 1) 

I4

then the vacancy may be filled by new hires. 

D) 

An employee recalled shall report to work within fourteen (14) calendar days 

after indicating his willingness to accept reinstatement. If the employee fails to 

report within such time, he shall forfeit all seniority rights and all future recall 

.ights. 

E) 

UG shall provide the Union with the names of full-time Bargaining Unit 

ernployees recalled from layoffs. 

ARTICLE VIII. HO 

AND OVT]RTIME 

S 8.1 General 

The work week shall extend from 2215 hours Sunday to 2214 hours the following 

Sunday. The standard work day shall be eight and one-quarter (8 1/4) hours of work per day. The 

standard work week shall be forty-one and one-quarter (41 1/4) hours of work per week. Each 

employee's normal assignment will consist of five (5) consecutive days of work with two (2) 

consecutive days off except for part time personnel. Part-time personnel will work the hours and 

days assigned. The pay period shall be from22l5 hours Wednesday to 2214 hours the following 

Wednesday. 

S 8.2 Overtime 

A) General: All employees shall receive one and one-half (l-ll2)times their actual 

hourly rate of pay (based on 178.75 hours per month) for work performed in 

excess of the standard work day of eight and one fourth (8 l/4) hours in a given 

work day. Compensatory time may be paid in lieu of overtime payment if the 

{K0379907. DOC; 1 } 

15

employee in her discretion so elects, provided that no employee may accumulate 

more compensatory time than two hundred-forty QaQ hours or as this maximum 

accumulation is amended by applicable federal law or regulation. Compensatory 

time will be calculated at the overtime rate. Overtime or compensatory time 

shall only be paid for time actually worked and when approved by the 

Department. 

B) 

Personnel Shortages. 

1. Anticipated vaçançiçg When a shortage ofpersonnel in dispatchers is an 

"anticipated vacancy", the positions which are short shall be posted on 

the bulletin board in Communications allowing qualified personnel to 

bid upon working the vacant position(s) on an overtime basis. An 

anticipated vacancy occurs when the Employer has knowledge that there 

will be avacaîcy within a Bargaining Unit job at least twenty-four (24) 

hours prior to the beginning of that shift. The Supervisor, Lead or 

Acting Lead Dispatcher, posting the vacancies shall affix the date, time 

and his initials on the posting. Due to the fact that shift I work hours 

transgress two (2) work days, these anticipated vacancies shall be posted 

Sunday/Monday, Monday/Tuesday, Tuesday/Wednesday, etc. Any 

qualified person who is interested in working the overtime should so 

indicate by affixing their name in the appropriate space on the 

appropriate posted sheet. The bidding employee(s) shall be required to 

have the Supervisor on duty, Lead Dispatcher or Acting Lead Dispatcher, 

{ K0 3 7 9 9 0 7 . DoC ; 1 } 

76

initial, date and affix the time that the dispatcher signs up for the 

overtime. In the event that more than one person signs up for the same 

overtime work, seniority will be the determining factor. The only 

exception will be that preference will be shown to those who are able to 

work an entire eight and one-quarter (8 Il$ hour shift, instead ofjust 

four (4) hours. Provided that, more senior employees may bump less 

senior employees to work this overtime only when the bump occurs at 

least eight (8) hours before the overtime begins. Employees maybump 

less senior employees to work this overtime by striking through the name 

of less senior employee(s) and placing their name on the overtime 

posting. When an employee is attempting to bump they must place the 

date and time beside their name when they have signed the posted 

overtime sheet and have the Supervisor on duty orhis designee initial the 

employee's name. Notification to the bumped employee shall be 

provided by the Supervisor on duty or in the Supervisors absence by the 

Lead or Acting Lead Dispatcher. Such posting for overtime work may be 

withdrawn by the Employer at least eight (8) hours prior to the beginning 

of the overtime work. Notice of same shall be given to Employees who 

have signed up to work that overtime. Notification shall occur when the 

employer has contacted the employee's designated telephone number on 

a recorded line. Employees shall designate their telephone number to the 

employer in writing. When an employee has signed up to work overtime 

{ K0 3 7 9 9 0 7 . DOC ; 1 } 

L7

and then withdraws such commitment within twenty-four (24) hours of 

the beginning of the overtime work that vacancy shall be treated as an 

"unexpected vacancy" and will be governed by the provisions of 

subsection (2) herein. If an employee withdraws such commitment to 

work overtime three (3) or more times within any given calendar month 

such employee shall lose their right to participate in any voluntary 

overtime pursuant to this paragraph for the following calendar month. 

An employee may not withdraw such commitment to work overtime 

within eight (8) hours prior to the commencement of the overtime shift 

for which they have committed to work. 

2 

(a) 

Emergencies - Unexpected Vacancies. 

Unexpected vacancies occur when the employer has knowledge that 

there will be a vacancy in a Bargaining Unit job when actual notice is 

acquired by the employer less than twenty-four (24) hours prior to the 

beginning of that shift or in the event of an emergency. Vacancies which 

are created by emergencies or unexpected vacancies shall be filled in 

accordance with the following procedure: 

First: 

The employer shall contact all dispatchers who are working on the shift 

prior to the unexpected vacancy andlor dispatchers who have committed 

to work on the overtime shift on a stand alone basis and shall offer, from 

the most senior to the least senior, the opportunity to work the first four 

IK03'l 9901 . DOC,. 1 Ì 

(4) hours of the vacancy or the last four hours of the vacancy. In the 

1B

event that an employee volunteers to fill anunexpected orpostedunfilled 

vacancy which remains vacant within 24 hours of the beginning of the 

overtime shift, if such ernployee desires to withdraw such commitmentto 

work said employee must withdraw such commitment to work two (2) 

hours prior to the commencement of the overtime shift. 

Second: If an insufficient number of employees agree to work the unexpected 

vacancythrough the first step above, then the employer shall force those 

working employees, in accordance with Section 8.2(BX2Xb) of the 

Memorandum, by inverse seniority to work four (4) hours of the 

unexpected vacancy. 

Third: 

Dispatchers who are scheduled to work the next shift following the 

unexpected vacaîcy, shall be contacted in order of their seniorityto offer 

the remaining four (4) hours of the unexpected vacancy. Contact shall be 

deemed to have occurred if the employer calls the telephone number of 

the employee which has been designated by the employee. 

Fourth: 

If an insufficient number of employees have agreed to work the second 

four (4) hours of the unexpected vacancy through the third step above, 

then the employer may force those employees who are scheduled to work 

the next shift following the unexpected vacancy, in accordance with 

Section 8.2(BX2Xb) of this Memorandum, the remaining four (4) hours 

of the unexpected vacancy. 

All dispatcher contacts for these purposes shall be on a recorded line. 

{K0379907. DoC; 1 } 

79

(b) Mandatory Overtime/Forced. When any employee is forced (does not 

volunteer) to work overtime during any calendar month on six (6) 

occasions, that employee shall be relieved from being forced to work 

overtime during the following calendar month. If an employee is forced 

to work overtime on her/his non-forcible month, that forced overtime 

occasion shall be counted as an occasion toward herlhis next forcible 

month. The Department may then force the next employee in inverse 

order of seniority to work the required overtime. 

It shall be the responsibility of the employee who has been forced to 

work six (6) occasions of overtime in any calendar month to bring the 

matter to the attention of her supervisor and to establish such forced 

overtime occasions from her records. Any dispute of forced overtime 

occasions shall be resolved from the Division's Master Crew Sheets 

(these sheets will be specifically marked stating that the overtime was 

mandatory lforced and not volunteered). 

Employees working m andatoryl forced overtime who leave the worþlace 

prior to the conclusion of their overtime assignment without approval of 

their supervisor or his designee shall be subject to discipline. 

Absent exigent circumstances, pre-shift and post-shift overtime shall be 

limited to four (4) hours per tour of duty. 

S 8.3 Shift Assignments 

{K0379907.DOC,. 1} 

20

The basic work shifts within the Communications Unit may approximate the following 

schedule: 

shift #1 

shift #2 

shift #3 

2215 Hours - 0630 Hours 



However the shift starting times may be changed if it becomes necessary. The 

Department may abolish any shifts or create additional shifts upon notification to the Union. If 

through abolishment of any of the above listed shifts any positions are abolished then the affected 

employee shall suffer no reduction in her pay scale or category. 

S 8.4 Meal Period 

Each ernployee shall receive athirty (30) minute meal period per work day. This meal 

period shall be considered out of service time during which the employee will be unintemrpted 

except in the case of an emergency. This meal period shall not be taken before the employee has 

worked two (2) hours nor shall any employee be required to work in excess of seven (7) 

continuous hours without a meal period. 

S 8.5 Breaks 

Each employee shall receive a total of twenty (20) minutes of break for each eight and 

one-quarter (S 1/4) hour shift worked. Such break(s) shall be scheduled by the Shift Supervisor. 

There shall be no eating at the console or work area unless an employee, af the Department's 

request, does not receive her meal period; provided, however that the Commander of the 

Communications Unit may issue a memorandum identiffing guidelines.for permissible eating at 

consoles. The memorandum issued as ofthe execution date of this Agreement is attached hereto 

{ K0 3 7 9 9 0 7 . DOC; 1 } 

2I

at Appendix B. If due to a shortage of personnel or other uncontrollable circumstances, as 

determined by the Shift Supervisor, an employee is required to forego any of her breaks, she will 

then receive compensatory time, at the overtime rate, upon written approval of the 

Communications Commander, for such missed breaks. When an employee works four (4) or 

more hours of overtime she shall be granted an additional fifteen (15) minute break, the time for 

such break to be determined by the employee's immediate supervisor. 

S 8.6 Pay Checks 

The Unified Government has developed the computer capability of direct deposit ofpay 

checks. Employees of this Bargaining Unit shall have the option of direct deposit ofpay checks. 

Employees working on the first shift shall be entitled to receive, on their regul ar pay day,their pay 

check on Friday by 6:30 a.m., when possible. The UG shall provide with each paycheck to 

employees , clear identification of the hours being paid for each pay period. When the Public 

Safety Business Office discovers that there are employees who may be short on their payroll, they 

will notifuthe Communications Commanderandthe Communications Commanderwill notiffthe 

Chief Union Steward. 'When an employee has discovered a payroll error upon their pay check, 

such employee shall notifu the Communications Commander who will in turn notiff the Public 

Safety Business Office of such error. If an error is determined to be founded, at the request of the 

employee, the UG will provide a check correcting such error and will be paid to the employee 

upon the next payroll run of any department by the UG. 

Any overtime worked concurent with shift three, including stand alone time, on the last 

day of the pay period will be paid on the current pay period paycheck. Any overtime worked 

{K0379907.DOC,. 1} 

22

concurrent with shift one, including stand alone time, on the last day ofthe pay period will be paid 

on the following pay period paycheck. 

S 8.7 Use of Accumulated Compensatory Time 

a. Multþle Day Usage 

ln order for an employee to be able to use her accumulated compensatory time, the 

employee m ay apply to her Communications Commander or his designee to be granted up to five 

(5) work days plus her regular two (2) days off. Such requests must be submitted, in writing at 

least fourteen (14) calendar days prior to the commencement of the days off and maybe granted 

within the discretion of the Communications Commander. The Employer shall respond to the 

request within seven (7) calendar days from receipt of the request. Such requests shall be granted 

on a first come, first served basis, unless two (2) or more employees make requests at the same 

time. ln such circumstances, requests shall be granted on the basis of seniority. At the time of an 

employee's request for compensatory time oü such employee must have accumulated sufficient 

compensatory leave time within their compensatorytime bank to entitle the employee to take such 

leave. Such days cannot be canceled once granted except when there is a mistake made in the 

granting of the compensatory day or when the employee does not have the compensatory day 

entitlement at the time that the day off is to occur. 

b. One Day Usage 

When an employee requests to use one (1) day of compensatory time, such written 

request for such overtime usage, shall be made at least twenty-four (24) hours in advance of the 

compensatory day being requested and cannot be canceled once granted except for a department 

{K0379907. DoC; 1 } 

23

declared emergency. The allowance for such request shall be subject to personnel being available 

to fully staff the shift and shall be at the discretion of the Communications Commander. At the 

time of an employee's request for compensatory time off, such employee must have accumulated 

sufficient compensatory leave time within their compensatory time bank to entitle the employee to 

take such leave. 

S 8.8 Termination - Compensatory Time 

An employee whose employment is terminated for any reason shall receive pay in 

accordance with existing department policy for all earned holidays, accumulated overtime and 

wages, in a lump sum (two checks), in accordance with the Department's books. 

ARTICLE IX - CLASSIFI CATION AND \ilAGF],S 

S 9.1 Classifìcations 

For the purpose of this Memorandum, the terms set forth below shall have the following 

meanmgs: 

A) Full-time employees: Those employees who regularly work a standard work 

week of forty-one and one quarter (41 l14) hours. 

B) Part-time employees: Those employees who regularly work less than the 

standard work week of forty-one and one quarter (41 l/4) hours. 

C) Lead Dispatchers: Those employees who assign work positions, do book work, 

keep daily summaries, train new hires, put out information on the news wire consistent 

with Division directives, work with computers and the CAD systern, supervise 

dispatchers and take fulIresponsibility for actions in the Communications Unit during 

{K0379907.DOC,. 1} 

24

the shift, to include recommending discipline, when the Communications Commander or 

a Supervisor is not present and shall have responsibility for the proper performance of 

the duties of employees directly under their supervision at all times and other assigned 

duties. 

D) Dispatchers: Those employees whose main duties consist of maintaining 

communications with designated persons in the field, work with computers and the 

C.A.D. system, phone work for designated persons in the field or building, training new 

hires or transfers, and looking after the whereabouts and well being of designated 

persons and perform duties of 911 operators, when assigned, and other assigned duties. 

Dispatchers must be NCIC certified, EMD certified and must meet all state and/or 

federal required public safety certifications, and shall conduct such fuither training and 

possess such further certifications as determined by the UG. 

S 9.2 Salary 

Monthly salary rates are set forth in Appendix A, attached hereto. The incremental steps 

recognized in the classification of Dispatcher are contemplated to be based upon the stated time 

periods of continuous service. 

9.3 Merit Increments 

The merit increments for the job classification of Dispatcher shall be based upon the 

employee having acquired the requisite time in grade and having a satisfactory employee 

evaluation. 

S 9.4 Acting Lead Dispatchers 

{K0379907.DoC,1} 

25

When no Lead Dispatcher is present on any shift in the Communications Unit, when a 

Shift Supervisor is on duty, the best qualified dispatcher, as determined by the Shift Supervisor, 

will be assigned the Lead Dispatcher's duties for that shift, with the prior approval of the 

Communications Commander. When a Shift Supervisor is not on duty the qualified dispatcher 

that has the most seniority in grade as a dispatcher, and is on dut¡ shall serve as the Acting Lead 

Dispatcher for that tour of duty. Such Lead Dispatcher shall receive the sum of two dollars 

($2.00) for each hour actually worked during that tour of duty as a Lead Dispatcher. 

S 9.5 Longevity Pay 

The following longevity pay shall be added to the monthly salary of each employee who 

qualifies for such pay effective upon the effectuation of this Memorandum: 

Continuous Number of Completed 

Years Within the Communications 

Unit or Division 

five (5) 

ten (10) 

fifteen (15) 

twenty (20) 

twenty-five (25) 

Payper Month 

$ 3s.00 

$ 45.00 

$ 80.00 

$ 90.00 

$ 100.00 

S 9.6 Trainer's Pay 

Employees who are selected by the Communications Commander to serve as Trainers 

shall receive a per hour pay for each hour, or part thereof, which they actually spend training 

dispatchers as directed by the Communications Commander or his/her designee. The per hour 

rate shall be two dollars ($2.00¡ per hour. This pay shall be by the quarter hour. 

ARTICLE X - WORKING CONDITIONS 

{K0379907.DOC,. 1} 

26

S 10.1 UG Business 

When employees are required to attend conferences or meetings called by UG before or 

after their work shifts, such time shall be considered hours worked and the employee shall be 

compensated accordingly. 

S 10.2 Uniforms 

A. New Employees 

The Department/Division Dress Code shall be clearly defined and distributed to all 

employees, upon hire. Probationary employees are to wear business casual attire in accordance 

with the Dress Code issued bythe Department. Upon a probationary employee's completion of 

training and release from training status, the Department shall provide such employee with two (2) 

shirts, two (2) pants, one (l) belt, and one (1) pair of shoes which are Department-approved. 

B. Uniform Allowance 

For the calendar year 2013, Employees, other than Probationary Employees, will receive 

the sum of Four Hundred Fifty ($a50.00) Dollars annually issued on a vendor card in order to 

maintain their uniforms. This uniform allowance will be dispersed in a manner designated by the 

Department. The vendor card shall be credited prior to March 31st. The use of this vendor card 

by employees will be in accordance with the Department's General Orders. Employees must wear 

approved uniforms, including shoes, when working. 

C. Employees Responsibility Concemine Uniforms 

Employees are required to maintain the uniforms in a good and clean condition and wear 

them in accordance with the Department's/Division's Dress Code. Employees are required to be 

{ K0379907. Doc,. 1} 

21

in fulI uniform at all times while on duty. Employees reporting for duty, either fully or partially 

out ofuniform, shall be off the clock until they report in full uniform. Employees are not allowed 

to wear their uniforrns or use UG issued equipment at any time except when they are actively 

engaged in performing duties of their employment with UG. Employees who violate this 

provision are subject to discipline. 

D. Employment Termination 

When employment is terminated for any reason, the employee is required to return the 

issued items and UG may withhold a reasonable amount ofthe employee's funds to compensate 

UG equipment not so returned. 

E. Employee Compliance 

Bargaining Unit ønployees shall be properly dressed in the authorized uniforms within 

one (1) week of delivery to the employees or be subject to discipline. 

S 10.3 Lunch Room 

UG agrees to set up a room in the Communications area for employees to use on lunch 

periods and breaks. The employees agree to keep the lunch area clean. UG agrees to provide for 

regular pest extermination of the entire Communications premises. Each shift will be responsible 

for keeping the break area clean after each use and before the end ofeach tour ofduty so that it 

will be clean for the upcoming shifts. The Communications Commander may establish 

reasonable rules to enforce the kitchen clean-up provisions. 

S 10.4 Headsets - Hearing Tests 

Dispatchers shall wear headsets at all times while on dutyunless otherwise authorized by 

{K0379907.DOC,' 1} 

2B

the Communications Commander. Hearing tests shall be conducted upon the employer's or 

employee's request. 

ARTICLE XI - GRIEVANCES 

S 11.1 Grievances 

In the event of any complaint or grievance arising under the terms and provisions of this 

Memorandum or of any differences between the parties as to the interpretation or application of 

this Memorandum, it shall be processed through the grievance procedure. There shall be no right 

of grievance as to any subject properly falling within the managernent rights of UG Department or 

Division. 

The parties shall make sincere and determined efforts to settle meritorious grievances 

voluntarily and to keep the procedure free from unmeritorious grievances. 'Where a matter within 

the scope of this grievance procedure is alleged to be both a grievance and a prohibited practice 

under the jurisdiction of the Public Employee Relations Board, the employee may elect to pursue 

the matter under either the grievance procedure herein provided or by action before the Public 

Employee Relations Board. The employee's election of eitherprocedure shall constitute abinding 

election of the remedy chosen and waiver of the alternative remedy. 

Step 1: The matter shall first be taken up between the employee involved and her Shift 

Supervisor. If the grievance is not adjusted orally, it maybe submitted in 

writing to the Shift Supervisor within seven (7) calendar days after the 

occurrence giving rise to the grievance or after becoming known or it shall 

1K0379907. DOC; 1 ) 

be considered dropped. The Shift Supervisor shall reply in writing in 

29

seven (7) calendar days. 

Step 2: [n case the matter cannot be adjusted under Step l, the matter maybe considered 

by the Communications Commander. Request for consideration by the 

Communications Commander must be in writing within seven (7) calendar 

days of the decision (unless mutually extended) in Step I or the grievance 

shall be dropped. The Communications Commander shall render his 

decision in writing within seven (7) calendar days after submission of the 

grievance to him or it shall be found in the employee's favor unless 

extended by mutual agreement of the parties. 

Step 3: In case the matter cannot be adjusted under Step 2, the matter may be considered 

by the Bureau Director or his designee. Request for consideration by the 

Bureau Director or his designee must be in writing within seven (7) 

calendar days of the decision in Step 2 or the grievance shall be dropped. 

The Bureau Director or his designee shall render his decision in writing 

within seven (7) calendar days after submission of the grievance to him 

unless extended by mutual agreement of the parties which agreement shall 

not be unreasonably withheld; or it shall be found in the employee's favor. 

Grievances relating to terminations shall bypass steps 1 arrd 2 and 

commence at step 3. Grievances relating to terminations shall be made 

directly to the Chief of Police rather than the Bureau Director or his 

designee, but shall otherwise follow the procedure within Step 3. 

Step 4: In the event a satisfactory resolution is not reached between the parties through the 

{ K0 3 7 9 9 0 7 . Doc; 1 } 

30

above steps, the employee may pursue the final step as follows: 

A) In the cases of complaints or grievances which arise from disciplinary 

action, except fortermination of an employees services, themattermaybe 

appealed to the Chief of Police or his designee, within five (5) work days 

of the Bureau Director or his designee's decision. 

B) In the cases of complaints or disputes which arise as questions of 

interpretation of provisions of this Memorandum of Understanding, 

excluding specifically conflicts relating to any disciplinary matters, except 

for termination of an ønployees services, the matter may be resolved 

through arbitration, in the following manner: 

r) Notice in writing of intent to arbitrate shall be delivered to the 

Department Head and Chief Legal Counsel by the party seeking 

arbitration to the opposing party within ten (10) work days of the 

Department Head decision. The notice shall set forth the Articles 

or Sections of this Memorandum which are claimed to require 

modification, reversal or interpretation. If notice of intent to 

arbitrate is not delivered within ten (10) work days of the 

Department Head decision the issue shall be deemed closed. 

2) 

Within fifteen (15) work days after the above notice is delivered, 

the parties will mutually agree upon an arbitrator or jointly obtain a 

list of seven (7) arbitators from the Federal Mediation and 

{K03?9907.DOC;1} 

Conciliation Service, and the parties will alternately and 

31

independently strike unacceptable arbitrators from a list with the 

last remaining arbitrator being selected. 

3) Employees shall not be paid for time spent in attending arbitration 

proceedings other than as a witness on behalf of UG. 

4) The jurisdiction and authority ofthe arbitrator shall be governed by 

the following: 

a) The arbitrator shall have the authority to determine the 

procedural rules of arbitration and shall have the authority 

to make such binding orders as are necessaryto enable him 

to act, effectively. He shall observe the rules of evidence 

and his decision shall be final and binding on both parties. 

b) 

The arbitrator shall have no power to add to, subtract from 

or modiff any of the terms ofthis Memorandum, nor shall 

he exercise any responsibility, discretionary powers or 

functions of the Department. 

c) 

Úr the resolution of disputes between the parties to this 

i K0 3 7 9 9 0 7 . DoC ; 1 Ì 

d) 

Memorandum, the arbitrator shall give no weight or 

consideration to anymatter excqlt the specific language of 

this and is specifically prohibited from considering or 

basing his award on any alleged past practices of UG or 

Division or the Union. 

The arbitrator shall have no authority to substitute his 

32

judgment for that of the management of UG, Division or 

Department, nor shall he have authority to usu{p, subtract 

from, modifu or exercise any management right of UG or 

the Division. 

e) 

The decision of the arbitrator shall be based on the 

evidence presented him by the parties in the presence of 

each other. 

Ð 

The cost of the arbitrator shall be shared equally by UG 

and the Union. 

ARTICLE XII-. 

AND I,OCKOIITS 

S 12.1 Strikes and Lockouts 

The Union, on behalf of its membership, recognizes that the protection of the public 

health, safety and welfare are of paramount importance to itself and the UG. Therefore, during 

the life of this Memorandum, the Union will not condone, nor encourage nor instigate any work 

slowdowns, stoppages or strikes, or any actions that are detrimental to the operations of the 

Department. The UG agrees that it shall take no actions that could be defined as a lockout nor 

shall it discriminate against any member of the unit for her actions as a member of the Bargaining 

Unit provided those actions are not proscribed by law. Any violation of this Article may be the 

subject of disciplinary action, including discharge. The Union and its stewards shall, within 

twenty-four (24) hours of the commencement of any of the acts prohibited herein, take all 

reasonable affirmative action to terminate such conduct. 

{ K0 3 7 9 9 0 7 . DOC; 1 } 

33

ARTICLE XIII . VACATIONS 

S 13.1 Entitlement 

After completing one (1) year of service, each employee shall be entitled to a vacation as 

provided herein upon: 

Continuous Completed Years 

1 through 4 years 

5 through Syears 



20 years or more 

Vacation Entitlement 

eleven (11) working days. 

seventeen (17) working days. 

twenty (20) working days. 

twenty-five (25) working days. 

twenty-eight (28) working days. 

Employees must have completed the requisite years of service prior to January 1, in a given year 

in order to be eligible for greater vacation benefits that year. 

S 13.2 First Year - Pro Ration 

For any portion of the initial year of employment occurring prior to January 1, an 

employee shall be entitled to a pro-rated vacation. The pro-ration shall be computed in 

accordance with Section 13.6 of this Memorandum. (Example: Employee coÍrmences her 

employment on July 1, she would be credited 6ll2's of eleven (11) working days vacation on 

January 1, to be used after her anniversary date of the next year.) 

S 13.3 Ilolidays 

When an employee is on vacation and one ofthe holidays recognized by this Memorandum 

falls during that period, the employee shall receive one ( I ) additional day off with pay to be taken 

at a later time, provided that sufficient personnel are available to provide the necessary serr¿ice and 

at the discretion of the Communications Commander. 

{K031 9901 . DOC; 1 } 

34

S 13.4 Scheduling 

Vacations will be scheduled by seniority ¿ìmong dispatchers on each shift as follows: 

1 

Commencing the day following the effective date of annual bid assignments, the 

dispatchers, in order of seniority, on each shift shall select their first five (5) day 

vacation block. Each dispatcher shall have up to two (2) hours maximum to make 

their choice provided that upon an employees selection of their vacation, the list 

shall then proceed to the next employee for vacation selection. Each day thereafter 

the next senior dispatchers on each shift shall then select their first five (5) day 

vacation block until all dispatchers have had an opportunity to make their first 

selection for vacation that year. The same procedure shall then be followed until 

all employees'vacation on each shift has been scheduled. Employees may select 

their vacation days after their initial f,rve (5) day vacation block is selected in 

minimum amounts of one (1) fuIl eight (8) hour day. Employees may leave a 

maximum of five (5) of their vacation days unscheduled to be used in full one (1) 

day eight (8) hour increments. Employees must designate at the conclusion of the 

annual vacation bidding process whether they wish to carry over up to five (5) 

vacation days to the next year. The vacation credits carried over must be used 

during that next year. 

2 

Each employee must be aware of their vacation selection days and make their 

selection upon those dates. If they do not so select in a timely fashion, they will be 

skipped over and vacation selection by other shift employees will continue. The 

{K0379907.DOC;1) 

35

skipped employee will be allowed to make onlytheir second selection in the next 

round. 

3. An employee's first choice of vacation will be scheduled in blocks of five (5) or 

more consecutive vacation days, except as provided herein. ("Consecutive" means 

regularly scheduled workdays). A maximum of two (2) holidaylcompensatory 

days may be scheduled in conjunction with any five (5) or more consecutive day 

vacations. A maximum of one ( I ) holiday/compensatory day may be scheduled in 

conjunction with anyvacation less than five (5) days provided that all of such time 

off is scheduled at the time ofthe annual vacation scheduling identified in section 

13.4(l) above. An employee need not have accumulated sufficient 

holiday/compensatory time at the time that such employee schedules such 

holidayicompensatory leave in conjunction with vacation leave as provided above, 

however, such employee shall have accumulated sufficientholiday/compensatory 

leave as ofthe date when suchholiday/compensatoryleave is actuallytaken This 

does not prevent an employee from requesting additional days off with their 

vacations, however, those requests will be submitted the same as any normal 

request for time off. Employees must make written application to their supervisor 

to use any unscheduled vacation days which the employee has reserved as set forth 

inparagraph 1 above at least twenty-four (24) hours in advance of the usage. The 

ernployer may grant or deny the request depending upon manpower. Should the 

employee not be allowed to use this unscheduled vacation by the end of the year 

{K0379907. Doc,. 1} 

36

after at least five (5) requests by the employee to use those unscheduled vacation 

days, then they shall be paid at their base rate of pay for these days. 

4. Employees with less than one (l) year of service may schedule their vacation 

during the annual vacation scheduling process, however, they may not use their 

vacation entitlement until after their one (1) year ernployment anniversary date. 

5. Employees may submit a request to reschedule a vacation choice, in writing, 

provided such change does not effect other scheduled vacations and provided that 

the granting of such request shall be within the discretion ofthe Communications 

Commander. 

S 13.5 Exception 

Employees shall not accrue vacation time while on leave of absence, lay-off, suspension or 

while absent (in excess of six (6) months) due to a non-work related injury or illness. ln the event 

any employee is absent from work on an authorized leave of absence, or on lay-offstatus or due to 

non-work related illness or injury in excess of six (6) months, her vacation shall be reduced pro 

ratato the portion of the year she earned and was eligible for vacation privileges. 

S 13.6 Pro-Rata Vacation 

For the purpose of computing vacation pay) anemployee shall earn one-twelfth (lll\ of 

her vacation for each month of service during the twelve (12) month period preceding January I 

of each year. Each month in which an employee works fifteen (15) days shall be considered a 

month of service. Employees who are discharged prior to taking their vacation shall not forfeit 

any right to accrued vacation. 

{K0379907. DOC; 1 } 

31

S 13.7 Termination of Service 

An employee whose employment is terminated for any reason shall receive that portion of 

her vacation which has been earned in the current service year on a pro-rated basis (one-twelfth 

Ull2) of the vacation earned in the current service year for each calendar month completed), and 

should an employee have taken more vacation than she has actually earned, it shall be deducted 

from her final pay check. 

ARTICLE XIV. RETIREMENT AND PENSION FUNI) 

S 14.1 Retirement and Pension Fund 

All employees shall come under the Kansas Public Employees Retirement System as set 

forth by UG of Kansas City, Kansas in effective Charter Ordinances or Resolutions and Kansas 

State Statutes. 

ARTICLE XV - INSIIRANCE 

S 15.1 Medical Plan 

During the term of this Memorandum, UG agrees to offer the employees of the 

Department the same medical, dental or other similar welfare benefit plans which are made 

available to the UG's employees generally. UG agrees to pay for each covered employee onehundred 

percent ( I 00%) of the insurance premium for the employee' s individual coverage and the 

sum of seventy-five percent (75%) of the cost of dependent coverage. Should UG offer a more 

expensive medical plan and an employee(s) should select to be covered by the same, then the 

employee shall be responsible to pay any and all additional premiums, if any, and his portion of 

the prernium therefore shall deducted from the employee's paycheck. The cost of the premium 

{K0379907. Doc,. 1. ) 

3B

paid by the UG for individual and dependent coverage for these employees shall not increase 

more than fourteen percent (I4%) from one year to the next. If the cost of the medical plan, 

dental or other similar welfare benefit plan is projected, based on a review of actual plan 

experience and historicalutilization data as well as applicable industry survey and medical trend 

documentation, to increase by more than fourteen percent (14%) from the preceding budget year, 

then insurance plans, insurance carriers or other claims administrators, contribution formula 

and/or benefits must be changed under the medical, dental or other similar welfare benefit plan in 

order to decrease the overall projected cost increases to fourteen percent (14%) or less. The UG 

Employee Health Benefit Committee (EHBC) shall meet and confer in an attempt to make 

recommendations to the UG Administrator for modifring the polic(ies), carrier(s), 

administrator(s), plan design(s), benefits, contribution formula or other variables to reduce the 

projected cost increase to fourteen percent (14%) or less for the next budget year. The Union 

shall have one voting member on the EHBC. The EHBC shall have at least an equal number of 

voting members from representatives of bargaining units of the UG as members from 

uffepresented groups, administrative staff and retirees. If the EHBC recoÍìmendation is 

deadlocked, then the UG Administrator shall make the determination and the Union has the right 

to submit the matter to expedited arbitration. When the EHBC determines what its 

recommendations are to be to the UG Administrator, the UG Administrator shall then determine 

whether he or she agrees with those recommendations or not. If the UG Administrator agrees, the 

recoÍrmendation modifications shall be immediately adopted. If the UG Administrator disagrees 

with the EHBC recoÍrmendations, the UG Administrator shall noti$z the EHBC of such 

determination. If the UG Administrator and EHBC cannot immediately resolve their differences, 

{K0379907.DOC,. 1' 

a,

the matter shall be submitted to expedited arbitration. The arbitrator only has jurisdiction to 

determine if the UG Administrator's or the EHBC's recommendations are correct in 

determination of the method ofmodifications of carrier(s), plan(s), benefits, etc. in order to keep 

the UG's projected cost for the medical, dental or other similar welfare benefit plan for each year 

from exceeding the preceding year(s) by fourteen percent (14%). The factors used to determine 

costs for any one year of this Memorandum shall be as follows: 

1. Plan experience during year. (On a claims paid, not claims made basis). 

2. Administrative expenses to administer the plan during the year. 

3. Suffrcient funds to create andlor preserve a "premium stabilization" reserve 

fund of at least five percent (5%) of the previous year's total premium costs 

amount. 

Employees may elect to have their premiums paid by pre-tax dollars. 

S 15.2 Benefit Advisory Committee 

The Union is permitted to have not to exceed one (1) representative on the Employee 

Health Benefits Committee, which representative will be entitled to attend the committee 

meetings where health insurance covering the U.F.C.V/. represented employees is discussed or 

voted upon. Attendance at these meetings outside of normal working hours will not be 

compensable time. 

ARTICLE XVI - 

VES OF'ARSENCE 

S 16.1 Leaves of Absence 

Leaves of absence shall be without pay unless specifically stated that the leave is to be 

{ K0 3 7 9 9 0 7 . DOc ; 1 } 

40

with pay. 

S 16.2 General Leaves of Absence 

Any general leave of absence which shall be granted is the decision of the 

Communications Commander. The maximum general leave of absence shall be thirty (30) days, 

but the Communications Commander may extend such leave in writing for a period ofninety (90) 

days. Any ønployee desiring a general leave of absence shall submit a written request to the 

Communications Commander at least seven (7) days prior to the commencement oftherequested 

leave, except in cases of emergency. Before an employee may take a general leave of absence, 

written permission must be obtained from the Communications Commander with notice to the 

Union. The time an employee spends on general leave of absence shall not be counted as time 

worked in determining vacation benefits or any other benefits under this Memorandum. Failure to 

report at the end of a general leave of absence will be considered avoluntaryresignation onbehalf 

of the employee. If an employee on a general leave of absence obtains other employment while 

on such leave, her employment will be automatically terminated and the employee will have no 

recourse whatsoever under this Memorandum. 

S 16.3 Personal Days 

Employees may, with the Communications Commander's permission, take up to six (6) 

personal days per year. Personal Days may be charged to any accrued leave of the individual 

employee's choice. Personal days will not be granted on designated holidays as set forth in 

Section 17.1 herein. Personal day leave requests must be made twenty-four (24)hours in advance 

of the leave and in writing except in cases of emergency. 

{ K0 3 7 9 9 0 7 . DOC ; 1 } 

4L

$ 16.4 Emergency Leave 

In the event of an emergency that requires an on duty employee to be absent, said 

employee may request to use any accumulated leave time to cover their absence. If sick leave is 

used it will be deducted from such ernployee's accumulated sick leave time bank, however, it will 

not be considered as an occurrence. Reasonable verification of such emergency may be required 

and the existence of an emergency will be determined by the Communications Commander or his 

designee. 

S 16.5 Family Medical Leave 

The UG Human Resource Guide (H.R.G.) section concerning family medical leave, as 

amended, is incorporated herein by reference. 

S 16.6 Military Leave 

Any employee who voluntarily or involuntarily enters active duty in any branch of the 

Military Service, including all Guard and ReserveUnits oftheArmedForces oftheUnited States, 

may be placed on military leave of absenco without pay. Any employee who is a member of the 

National Guard or any other component of the Military Reserve may be granted a leave of absence 

without pay to meet his military obligation in accordance with Federal Law. Accrual of sick 

leave, holidays, vacation and other benefits while on military leave shall be determined by 

applicable State and Federal law. Military obligation means required suÍrmer camps and 

meetings and may or may not, in accordance with Federal Law, include camps and training 

sessions attended voluntarily. In either case, such employee shall comply with existing Federal 

Law and Regulation and shall comply with UG procedure in requesting such leave and upon his 

{K0379907.DOC,. 1} 

42

separation from the service he shall be entitled to such benefits accruing to him under existing 

federal laws and regulations. An employee on military leave shall report for duty with UG within 

ninety (90) days of his separation from service on his initial tour of duty or he will be considered 

as having voluntarily resigned. 

S 16.7Injury Leave 

A) An employee who sustains injuries arising out of and in the course of her 

employment shall be covered by the provisions of the Workers' Compensation Act 

of the State of Kansas. If the employee is unable to work, she shall receive the 

difference between her regular pay and the workers' compensation benefits she 

receives for the first thirteen (13) weeks of any such injury leave. Thereafter, any 

further injury leave shall be at the discretion of the UG Commission. 

B) An employee on injury leave shall be required at least every thirty (30) days to 

furnish a physician's certificate to the Division stating her medical condition, the 

likelihood of her return to work and a statement, based upon reasonable medical 

certainty, as to when the injured employee may return to her regular duties with 

the Division and a statement that the injured employee is unable to return to her 

duties due to a bona fide work related injury. 

C) An employee injured on duty must report, in writing, such injury forthwith to her 

immediate supervisor. The injury shall be recorded by the employee on the 

appropriate Division reports in accordance with Division operating procedures. 

D) Employees on approved injury leave are prohibited from being gainfully employed 

by an employer other than UG or being selÊemployed, if self-employment 

{K0379907.Doc; 1t 

n,

S 16.8 Funeral Leave 

involves physical labor of any kind. 

Each employee shall have, in the event of a death in his immediate famil¡ three (3) 

consecutive regularly assigned work days off with pay as long as one (1) of the funeral leave days 

is the day of the funeral. The employee shall be granted only one (1) additional day off with pay, 

in addition to the three (3) days leave referenced above, for any verified travel in excess of 500 

miles. The term "immediate family" shall include the employee's or current spouse's, children, 

grandchildren, parents, grandparents, step parents, brother, sister, brother-in-law, sister-in-law, 

son-in-law and daughter-in-law orrelative living in the employee's home. The Communications 

Commandermay grant, within his sole discretion, to employees, the use of accrued and unused 

compensatorytime, vacation orholidays for an employee to attend other funerals. The employee 

may be asked to provide satisfactory proof of death and his attendance at the funeral. 

S 16.9 Sick Leave 

A. Accrual of Sick Leave. 

1) All employees shall be entitled to prorated sick leave which will be earned at the 

rate of one and one fourth (l l/4) days for each full month of service. There shall 

be no limit on the number of sick days the employee may accrue. 

2) No sick leave benefits shall accrue until after the ernployee has completed six (6) 

months of her probationary period as an employee of the division. 

3) Sick leave shall not accumulate during general leave, military leave, suspension in 

excess offifteen (15) days or layoffs. 

{K0379907.DOC.. 1} 

44

4) 

An Employee must actually work or be credited with working at least fifteen (15) 

days per month in order to accumulate the sick leave entitlement for that month. 

s) 

6) 

Accrued, unused sick leave will be forfeited. 

Any employee not using sick leave or FMLA leave between, January I through 

June 30 and July 1 through December 31 of any calendar year shall receive one (1) 

work day off with pay for each six (6) month period. Award day requests must be 

made twenty-four (24) hours in advance of the leave in writing except in cases of 

emergency. Such days off may be taken by the employee, schedule permitting, 

and with the consent of the Commander or his designee. If such award days are 

not used they will accrue in the etnployee's time bank. All accumulations of 

award days shall terminate upon termination of employrnent with the UG. 

t) 

All accumulations of sick leave shall terminate upon termination of services with 

UG except in the case of an Employee who is laid off from her position for 

reasons that are not discreditable to her, in whioh event she ma¡ if reappointed, 

use any unused sick leave existing at the time of her lay-off. Provided, however, 

that Employees who shall have accumulated sick leave and who are eligible for 

pension at the time of their retirement in accordance with Article XIV shall be 

paid at their regular salary in a lump sum for such accumulated sick leave up to 

one-hundred (100) calendar days. If an Employee has less than the referenced 

number of accumulated sick leave days, she shall receive the pro rated7l30 of one 

month's pay for each day of accumulated sick leave existing at the time. 

8) 

Supervisors will keep a record of sick days taken by their personnel. 

{K0379907. DOC; 1 } 

45

B. Use of Sick Leave. 

1) Reasonable proof of illness and recovery may be required by the Division before 

an Employee may refurn to work or receive sick leave benefits as stated herein. 

2) 

3) 

Sick leave may be utilized for maternity leave, physical, or mental illness. 

ln the event an Employee abuses the sick leave benefit herein provided, the 

Communications Commander may direct that no sick leave may be granted the 

Employee until she has been absent for more than one (1) day due to illness or 

injury, provided, that this will not be used to discriminate against an Employee. 

4) 

Sick leave shall only be used for the purpose for which it was intended, that being 

to provide an Employeeprotection against a loss of pay due to illness or to attend 

to a child, spouse or parent who resides with the employee and whose illness or 

injury requires the employee' s presence 

s) 

Sick leave may not be converted into any other form of compensation. 

6) 

When any Employee is sick and cannot report for duty, notice of her absence shall 

be made in every case to the Communications Commander or supervisor on duty. 

This notice shall be made by the Employee or by a member of her immediate 

family, at least two (2) hours before her reporting time. 

7) 

All Employees reporting sick, including on the employee's regular days off when 

preceded and followed by a day of absence due to sickness or injury, will remain 

at their home or place of confinement. Employees who are absent from work and 

have reported that they are sick and are absent from their residence or place of 

confinement shall be held accountable for their absence. If place of confinement 

{K0379907. DoC, I } 

46

is not the Employee's listed residence, she shall thus notiff the supervisor she is 

reporting to. 

8) An Employee's feigning illness shall subject her to disciplinary action and 

supervisors shall be held responsible for ensuringthat their Employees when 

reporting sick are making a true report of their condition. UG retains the right to 

check on Employees at home or place of confinement to verify the appropriate use 

of sick leave. 

9) Proof of sickness must be received from any individual Employee on the seventh 

(7th) occasion and thereafter (each incident of being sick will be a time) in any 

twelve (12) month period. Any illness or sickness resulting in three (3) days of 

continuous sick leave will require proof of illness and a doctor's release to retum 

to work. 

10) Any Employee on sick leave is prohibited from being gainfully employed by atry 

employer other than the UG or from being self-employed. 

S 16.10 Exhaustion of Accrued Sick Leave. 

Employees who request to use sick leave but have no accumulated sick leave to 

use shall be treated as follows: 

1) Ifthe Employee has accumulated holidays, vacation days or compensatory 

time to their credit, the Employee may request and use the accrued 

holiday, vacation or compensatorytime credits; however, such Employee 

shall be subject to the progressive discipline provided for in subsection (3) 

{ K0 3 7 9 9 0 7 . DoC, 1 } 

below. Any leave taken under this Section shall be considered sick leave 

41

for purposes of Section 16.12 

2) If the Employee has no accumulated holidays, vacation or compensatory 

time credits, or qualifies under Subsection (1) above and elects not to use 

such accrued holiday, vacation or compensatory time, such Employee will 

be docked for the day's pay and subject to the progressive discipline 

provided for in Subsection (3) below. 

(3) The following progressive discipline shall apply: 

a) lst offense: Verbal Warning and counseling form; 

b) 2nd offense: Written reprimand; 

c) 3rd offense: One (l) day suspension without pay; 

d) 4th offense: Three (3) day suspension without pay; 

e) 5th offense: Five (5) day suspension withoutpay; 

Ð 6th offense: Termination. 

Any offense under the above schedule of progressive discipline which 

occurred more than three (3) years prior to the present offense warranting 

discipline shall not be considered for the purposes of imposing discipline 

under the above listed steps of progressive discipline. 

4. Progressive discipline as provided for in Subsection (3) above shall 

commence on January l,20ll. 

s 16.11 

Donation of Sick Leave. 

1) An Employee ofthis Bargaining Unit may donate up to forty (40) hours sick leave 

to other Employees within this Bargaining Unit, who are off of work due to 

personal illness and have no accrued vacation, sick leave, compensatory time or 

any other accrued leave, provided that the donor has in excess of One Hundred 

1K0319901 . DOc; 1 ) 

4B

(100) hours accumulated sick leave following the donation. Donated sick leave 

will not be paid out upon separation. Employees receiving workers compensation 

benefits or disability benefits under UG disability policies may not receive andlor 

use donated sick leave. 

$16.12 Excessive Use of Sick Leave. 

If any Employee, within any twelve ( 1 2) consecutive month period, has either: I ) 

used sick leave on seven (7) or more occasions; or 2) used six (6) or more sick 

leaves immediatelybefore orimmediatelyafterherregulardays off vacationdays, 

holidays, or anypaid leave of absence; she shall be classified as an "excessiveuser 

of sick leave" except where disciplinary action is prohibited by the Family and 

Medical Leave Act (F.M.L.A.). \When the Employee is absent from work for four 

(4) hours or less for a pre-approved doctor's appointment, it shall not be 

considered an occasion of sick leave for the purpose of identiffing excessive 

users, provided that the physician's statement satisfactorilyverifies the Employee's 

attendance at the appointment. The Employee shall be notified, in writing, when 

she is so classified as an excessive user of sick leave, and notified in writing when 

she is no longer so classified. This written notice shall be given within fourteen 

(14) calendar days after the Employee has been so classified as an excessive sick 

leave user and within fourteen (14) calendar days after the Employee has been 

removed from the excessive users list. Notice shall be deemed to be given when 

handed to the Employee, or upon delivery of notice by certified mail. Refusal of 

certified mail shall be deemed to constitute sufficient notice. For the following 

{K0379907. DoC; 1 ) 

49

Three Hundred and Sixty-Five (365) consecutive calendar day period the 

excessive user Employee shall concurrently be subject to the following rules 

conceming the use of sick leave: 

l) Physician's Statement: The Employee shall furnish a statement from a 

physician to her supervisor on each occasion the Employee uses sick leave. 

The statement shall be furnished on the physician's first regular business 

day of the sick leave use. Notification by facsimile from the attending 

physician's ofÍice to the Communications Commander may be accepted. 

The statement shall contain the physician's opinion ofthe probable length 

of time of the necessary sick leave and the physician's statement that the 

Employee was unable to work the day that she was absent. If the 

Employee does not furnish a physician's statement as provided, she shall 

receive the following discipline: 

a) 1st offense -- one (1) work day suspension without pay. 

b) 2nd offense -- seven (7) work days suspension without pay. 

c) 3rd offense -- termination. 

2) 

Continued Use of Sick Leave: If the "excessive user" Employee shall 

either: (a) use sick leave on seven (7) or more occasions, or (b) use six(6) 

or more sick leaves immediately before or immediately after her regular 

days off vacation days, holidays, or any paid leave ofabsence, 

then discipline shall be as follows: 

1) 

2) 

3) 

{K037990?. DOC; 1 } 

1st offense - fifteen (15) calendar days without pay; 

2nd offense - thirty (30) calendar days without pay; 

3rd offense - the Employee may.be subject to termination. 

50

ARTICLE XVII. HOLIDAYS 

S 17.1 Designated Holidays 

Employees shall receive one (1) day with pay for the following holidays: 

New Year's Day 

Martin Luther King Day 

Presidentrs Day 

Good Friday 

Memorial Day 

Independence Day 

Labor Day 

Veterants Day 

Thanksgiving Day 

Day After Thanksgiving 

Christmas Day 

S 17.2 Additional Holidays 

Employees shall, in addition to the above holidays, receive all other holidays declared to 

be such by the UG Commission for the benefit of other UG employees. This provision shall not 

apply if the holidays listed in this Article fall on a Saturday or Sunday. This provision shall not 

applywhen Unified Government facilities are closed for anyreason for less than a full workday, 

whether in connection with arecognized Holiday, adverse weather, or any other reason. 

S 17.3 Conversion of Holiday Credits 

Alternate days off in lieu of a holiday with pay, if not taken by the January following the 

holida¡ will be converted into compensatory time or pay. 

S 17.4 Sick Leave Use on Holiday 

Employees who use sick leave on a designated holiday that falls on a regular work day 

shall not accrue an alternate day off for that holiday. 

S 17.5 \üork on Thanksgiving or Christmas Day 

Employees who work on Thanksgiving or Christmas Day shall be paid at arate of two 

{K037990?.DOC,. 1} 

51

times (2x) the employee's base hourly rate for those hours actually worked on that day. 

ARTICLE XVIII - DISCIPLINE 

S 18.1 Discipline 

The Union recognizes that the Department Head has the responsibility for maintaining 

discipline and the efficient and orderly operation of the Unit. Accordingly, the authority to 

discipline ønployees is vested exclusively in the Department Head. However, the Department 

Head may from time to time delegate this authority to subordinate employees. 

Employees, excluding probationary employees, shall only be disciplined, discharged or 

demoted for just cause. Just cause shall include but not be limited to violations of, Unit, Kansas 

Cit¡ Kansas Police Department General Orders, Kansas City Kansas Police Department Public 

Safety Communications S.O.P., and/or Kansas City, Kansas Police Department Civilian (Non- 

Sworn) rules and regulations and this Memorandum ofAgreement. Probationary employees may 

be disciplined at the discretion of UG. 

ARTICLE XIX . TECHNOLOGICAL CIIANGE 

S 19.1 Technological Change 

The parties recognize that automated equipment is now and will in the future be available 

which could be incorporated in Division operations. UG recognizes that there is a desire to 

protect and preserve work opportunities. At the same time, the Union recognizes that UG has the 

right to avail itself of modern technology. With this common objective, the parties agree as 

follows: 

A) In the event UG introduces major technological changes which would have a 

{K0379907. DOC; 1 } 

52

direct material impact affecting Bargaining Unit work, twenty (20) days advance 

notice of such change will be given to the Local Union President in writing. 

B) Any necessary training of employees will be fumished by UG at no expense to the 

employees and employees shall be compensated at the overtime rate when they are 

required to be retrained during their off-duty hours which exceed the normal work 

week. Employees required to be retrained due to technological change, shall be 

required to attend the training as and when directed by Unifìed Govemment. 

ARTICLE XX. ALCOHOL & DRUG-F'REE \ilORKPLACE & TESTING 

S 20.1 Alcohol and Drug-Free \üorkplace and Testing 

The Union and UG agree to be governed by UG's Alcohol & Drug Testìng Program, 

attached hereto. In addition, the Bargaining Unit employees shall be subject to the Drug-Free 

WorþlaceAct of 1988, as amended, and Citypolicyconcerning employees alcohol and druguse 

testing. 

S 20.2 Smoke-Free Workplace 

The Union and City agree to be governed by UG's policies and procedures concerning the 

Smoke-Free Worþlace. 

ARTICLE XXI - ENTIRE MEMORANDUM OF UNDERSTANDING 

S 21.1 Entire Memorandum of Understanding 

This Memorandum of Understanding supersedes and cancels all previous agreements, oral 

or written, and all existing unwritten practices between UG and the members of the Union and 

constitutes the entire Memorandum between the parties except as to those areas of employment 

{K0379907. DoC; 1 } 

53

not covered herein which are subject to City ordinances existing at the date of this Memorandum. 

Any conflict which may exist between existing City ordinances and the provisions of this 

Memorandum of Understanding shall be determined in favor of this Memorandum of 

Understanding. Any amendment or agreement supplemental hereto shall not be binding upon 

either party unless executed in writing by the parties hereto. 

The parties further acknowledge that during negotiations which resulted in this 

Memorandum of Understanding, each had the unlimited right and opportunity to make demands 

and proposals with respect to any subject or matter not removed by law from the area of collective 

meeting and conferring and that understandings and agreements arrived at by the parties after the 

exercise of that right and opportunity are set forth in this Memorandum. 

Therefore, the UG and the Union for the life of this Memorandum agree that the other 

shall not be obligated to negotiate collectively, but may if mutually agreeable, with respect to any 

subject or matter referred to or not specifically referred to or covered in this Memorandum. 

Waiver of any breach of this Memorandum by either party shall not constitute a waiver of any 

fuither breach of this Memorandum. 

S 22.1 Savings Clause 

ARTICLE XXII - SAVINGS CLAUSE 

Should any term or provision of this Memorandum be in conflict with any State or Federal 

statute or other applicable law or regulation binding upon UG, such law or regulation shall 

prevail. In such event, however, the remaining terms and provisions of this Memorandum will 

continue in fulI force and effect. 

If any Article or Section of this Memorandum shall be held invalid by operation of law or 

1K0319901 ,DOC,'1' 

,n

y any tribunal of competent jurisdiction, or if compliance with or enforcement of any Article or 

Section shall be restrained by such tribunal, the remainder of this Memorandum shall not be 

affected thereb5 and the parties shall enter into immediate collective negotiations for the purpose 

of arriving at a mutually satisfactory replacement for such Article or Section. 

ARTICLE XXIII - DURATION 

S 23.1 Duration 

This Memorandum shall be in full force and effect from January 1,2013 through 

December 31,2013 and from year to year thereafter unless written notice to the contrary be given 

either party to the other not less than sixty (60) days prior to the anniversary date of a desire to 

open this Memorandum for negotiation. 

{K0379907.DOc,. 1} 

55

IN \MITNESS WHEREOF, UG AND THE UNION have hereunto set their hands this 

_ day of 

20t3. 

UNIFIED GOVERNMENT OF 

WYANDOTTE COUNTY/ 

KANSAS CITY, KANSAS 

UNITED FOOD & COMMERCIAL 

woRr(ERs uNIoN, LOCALZ 

DATE 

DATE 

Approved as to form: 

Jody Boeding, Chief Counsel 

Attest: 

Unifi ed Government Clerk 

{K0379907.Docr 1} 

56

APPENDIX A 

YEAR 

Dispatcher 

(Less than 12 months) 

First Increment 

(Minimum of 12 months) 

Second Increment 

(Minimum of 24 months) 

First Merit Increment 

(Minimum of 42 months as Dispatcher) 

Second Merit Increment 

(Minimum of 60 months as Dispatcher) 

Third Merit Increment 

(Minimum of 120 months as Disoatcher) 

Lead Dispatcher 

uU13 

2,986.86 

3,107.83 

3,231.3r 

3,424.60 

3,63r.63 

3,812.46 

4,194.09 

The incremental steps recognized in the classification of Dispatcher are contemplated to be based upon the stated time periods of continuous service. 

{K0379907.DOC,. 1}

LTC. Kevin Steele 

Services Bureau Director 

POLICE DEPARTMENT 

SERVICES BUREAU 

PU BLIC SAFETY COM MU NICATIONS 

Captain RobeÊ Angell 

Pu blic Safety Communications 

*MEMORANDUM* 

TO: 

Communications Personnel 

FROM 

DATE: 

Captain R. Angell 

01-01-12 

SUBJECT: Eating with¡n the Communications Center 

The following snack guidelines will be allowed within the Communications Center and at the work console. 

. Food that would be considered a "snack" such as a granola bar, candy bar, or other self contained snack item will be allowed at 

the work console for consumption throughout the dispatchers work day. 

. No meal items such as sandwiches, burgers, microwave meals, or carry out items will be allowed. 

. No food items that are liquid or items that would create an unsanitary condition on or around the computer work area will be 

allowed. 

Dispatchers are not allowed to speak to a citizen on the telephone while eating any food item. No transmission across any radio air will 

occur while eating any food item. Seruice to our citizens and officers will continue to be our primary function; the eating of a food item 

{K0379907.Doc; l}

will not be allowed to promote an unprofessional image of our unit. 

The Supervisory Staff will monitor all employees for compliance to these guidelines. Any snack item, which in the opinion of the 

Superuisor does not comply, will be removed immediately from the dispatch floor. 

The allowing of snack items on the floor is not intended to alter the wording in the Memorandum of Understanding between the Unified 

Government and the UFCW. It is instead a privilege granted in a joint understanding between the two that can be rescinded by the Unit 

Commander if abused. 

APPENDIX B 

{K0379907.Doc;1}

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