Dec 20, 2012 - Unified Government of Wyandotte County / Kansas ...

Full Commission Meeting AgendaThursday, December 20, 20127:00 PMLocation:Municipal Office Building701 N 7th Street, LobbyKansas City, Kansas 66101Commission ChambersNameMayor Joe ReardonCommissioner Mark HollandCommissioner John MendezCommissioner Nathan BarnesCommissioner Brian McKiernanCommissioner Ann Brandau-MurguiaCommissioner Tarence MaddoxCommissioner Mike KaneCommissioner Angela MarkleyCommissioner Tom CooleyCommissioner Butch EllisonAbsentgfedcgfedcgfedcgfedcgfedcgfedcgfedcgfedcgfedcgfedcgfedcI. CALL TO ORDERII.III.IV.ROLL CALLINVOCATION GIVEN BY REVEREND CLARK ARMSTRONG, VICTORY HILLSCHURCH OF THE NAZARENEPLEDGE OF ALLEGIANCEV. REVISIONS TO DECEMBER 20, 2012VI. MAYOR’S AGENDAVII. CONSENT AGENDA(Anyone wishing to speak about a particular item on the Consent Agenda must notify the Mayorwhen he asks if there are any “set-asides” on the Consent Agenda. Your item will then bediscussed and voted on separately. All remaining items on the Consent Agenda are viewed as asingle group and voted on with one vote.)VIII. PUBLIC HEARING AGENDAIX.STANDING COMMITTEES’ AGENDA

X. ADMINISTRATOR’S AGENDAXI. COMMISSIONERS’ AGENDAXII. LAND BANK BOARD OF TRUSTEES’ AGENDAXIII. ADJOURNSERGEANT-AT-ARMS: MAJOR JOHN COSGROVEVI .MAYOR'S AGENDAVII .CONSENT AGENDAItem No. 1 - ORDINANCE: HAZELWOOD VILLAS IRB PROJECTSynopsis:An ordinance authorizing the issuance of not to exceed $15M of industrial revenuebonds for Assisted Living Associates, LLC, for The Hazelwood Villas project located at2309 N. 113th Court (113th and Parallel), submitted by George Brajkovic, EconomicDevelopment Director. The project consists of a 120-unit assisted living facility with aseparate wing for memory care. They are NOT seeking tax abatement for this project.On June 21, 2012, the commission voted unanimously to adopt Resolution No. R-41-12determining the intent of the UG to issue said bonds.Tracking #: 120347Item No. 2 - COMMUNICATION: SOLID WASTE PLANSynopsis:Communication requesting approval of the review and recommendations of the SolidWaste Planning Committee, submitted by Mike Tobin, Public Works. The KansasDepartment of Health and Environment (KDHE) requires that the Solid Waste Plan bereviewed on an annual basis by the committee and approved by the Board of CountyCommissioners.On November 13, 2012, the Public Works and Safety Standing Committee, chaired byCommissioner Mendez, voted unanimously to approve and forward to full commission.Tracking #: 120295

Item No. 3 - COMMUNICATION: 2013 DISTRIBUTION OF ALCOHOL STATE TAXESSynopsis:Communication recommending disbursement of Special Alcohol and Drug funds to thefollowing agencies, submitted by Angie Masloski, Public Safety Business Office. Totaldisbursement is $249,500; amount requested was $344,013.Alcohol Safety Action Project (ASAP) - $51,100Associated Youth Services - $108,544Friends of Yates (FOY) - $89,856On December 3, 2012, the Neighborhood and Community Development StandingCommittee, chaired by Commissioner Holland, voted unanimously to approve andforward to full commission.Tracking #: 120309Item No. 4 - THREE RESOLUTIONS: CMIP PROJECTSSynopsis:Three resolutions submitted by Lew Levin, Chief Financial Officer.• A resolution amending R-99-11, CMIP 970-1090, 98th Street, State Avenue toParallel Parkway, for project scope of work; no change in fund authorizationamount.Two reimbursement resolutions. The UG expects to make capital expenditures after thedate of these resolutions and the UG intends to reimburse itself for such expenditureswith the proceeds of bonds, notes or a lease purchase agreement.• CMIP 942-0113: Emergency Bridge Repair 2013, maximum reimbursement$250,000• CMIP 941-0513: Guardrail Replacement 2013, maximum reimbursement$100,000On December 3, 2012, the Economic Development and Finance Standing Committee,chaired by Commissioner Holland, voted unanimously to approve and forward to fullcommission.Tracking #: 120312

Item No. 5 - RESOLUTION/ORDINANCE: CNIPSynopsis:Authorizing certain improvements as part of the Community NeighborhoodInfrastructure Program (CNIP), submitted by Lew Levin, Chief Financial Officer.• Resolution: Commission Neighborhood Infrastructure Program, CMIP 970-1294• Home Rule Ordinance (CNIP)On December 3, 2012, the Economic Development and Finance Standing Committee,chaired by Commissioner Holland, voted unanimously to approve and forward to fullcommission.Tracking #: 120323Item No. 6 - RESOLUTION: 2013 ANNUAL BONDS AND TEMPORARY NOTESSynopsis:A resolution authorizing the offering for sale of Municipal Temporary Notes Series2013-I, 2013-II, and 2013-III; and General Obligation Bonds Series 2013-A and 2013-B, submitted by Lew Levin, Chief Financial Officer.On December 3, 2012, the Economic Development and Finance Standing Committee,chaired by Commissioner Holland, voted unanimously to approve and forward to fullcommission.Tracking #: 120313Item No. 7 - REAPPOINTMENTS TO BOARDS AND COMMISSIONSSynopsis:Reappointments to Boards and Commissions:Mary Hopking to Law Enforcement Advisory Board, 12/20/12 - 6/30/14, submitted bySheriff AshPhillip Roland to Law Enforcement Advisory Board, 12/20/12 - 6/30/14, submitted bySheriff AshTracking #: 970013

Item No. 8 - CHANGE REQUESTSSynopsis:Change requests to include valuation change and/or refund for System Control Nos:2012002871, Real Estate Parcel #902903, tax year 20112012002898, Real Estate Parcel #153814, tax year 20112012002966, Real Estate Parcel #916300, tax year 20102012002967, Real Estate Parcel #916300, tax year 20112012002968, Real Estate Parcel #918209, tax year 20102012002969, Real Estate Parcel #918209, tax year 20112012002970, Real Estate Parcel #221405, tax year 20112012002973, Real Estate Parcel #928904, tax year 20112012002974, Real Estate Parcel #903500, tax year 20112012003066, Real Estate Parcel #401800, tax year 2011Tracking #: 970128Item No. 9 - MINUTESSynopsis:Minutes from Regular Sessions of October 25 and November 15, 2012; and SpecialSession from December 3 and 6, 2012.Tracking #: MINUTESItem No. 10 - WEEKLY BUSINESS MATERIALSynopsis:Weekly business material dated December 6 and 13, 2012.Tracking #: WEEKLY BUSINESS MATERIALVIII .PUBLIC HEARING AGENDA

IX .STANDING COMMITTEES' AGENDAItem No. 1 - THREE RESOLUTIONS: AUTHORIZING CERTAIN CMIPsSynopsis:Requesting approval of the following resolutions, submitted by Debbie Jonscher,Finance. The projects are consistent with the CMIP.• 2012 Emergency Bridge Repair Annual Program, CMIP 942-0112• 2012 Concrete Street Repair Annual Program, CMIP 941-0312• 2012 Guardrail Replacement Annual Program, CMIP 941-0512This item was scheduled to appear before the Public Works and Safety StandingCommittee, chaired by Commissioner Mendez, on December 17, 2012. It wasrequested, and approved by the Mayor, to fast track this item to the December 20, 2012full commission meeting.Tracking #: 120338X .ADMINISTRATOR'S AGENDAItem No. 1 - RESOLUTION: MOU WITH AFSCMESynopsis:Resolution authorizing a Memorandum of Agreement with the American Federation ofState, County, and Municipal Employees (AFSCME), Local No. 3475 ofMissouri/Kansas State Council No. 72, for the period January 1, 2013 - December 31,2015, submitted by Jody Boeding, Chief Legal Counsel. This is in accordance withcommission direction and consistent with the other bargaining units.Tracking #: 120348XI .COMMISSIONERS' AGENDA

XII .LAND BANK BOARD OF TRUSTEES' CONSENT AGENDAItem No. 1 - LAND BANK CONSENT AGENDASynopsis:Communication requesting consideration of the following applications, submitted byChris Slaughter, Land Bank Manager. The Land Bank Advisory Board hasrecommended approval of the applications.Side-Lot Applications1029 Splitlog Ave. - William McNair816 Central Ave. - Diana Reyes1352 Kimball Ave. - Merion Smith2027 N. 7th St. - Alicia Alfaro633 Simpson Ave. - Jose Arambula Ayala216 N. 12th St. - Diana Davila1518 S. 8th St. - Diana DavilaLand Bank Applications3048 N. 27th St. - Beverly Pender for a garden3737 Lakeview Rd. - Lydia Mejia for a garden2604 N. 5th St. - St. John Missionary Baptist Church for parking2610 N. 5th St. - St. John Missionary Baptist Church for parking2624 N. 5th St. - St. John Missionary Baptist Church for parking1259 Osage Ave. - Heartland Habitat for Humanity for single family housing1261 Osage Ave. - Heartland Habitat for Humanity for single family housing823 Miami Ave. - Heartland Habitat for Humanity for single family housing821 Miami Ave. - Heartland Habitat for Humanity for single family housing817 Miami Ave. - Heartland Habitat for Humanity for single family housing2913 N. 13th St. - Heartland Habitat for Humanity for single family housing1535 Haskell Ave. - Heartland Habitat for Humanity for single family housing1539 Haskell Ave. - Heartland Habitat for Humanity for single family housing1547 Haskell Ave. - Heartland Habitat for Humanity for single family housingDonations to Land Bank2530 Hiawatha St. from Mary Thierry1931 S. 41st St. from Mary ThierryOn December 3, 2012, the Neighborhood and Community Development StandingCommittee, chaired by Commissioner Holland, voted unanimously to approve andforward to full commission.Tracking #: 120318

Staff Request forCommission ActionTracking No. 120347gfedc Revisedgfedc On GoingType: StandardCommittee: Full CommissionDate of Standing Committee Action: 6/2/2012(If none, pleaseexplain):Proposed for the following Full Commission Meeting Date:Confirmed Date: 12/20/201212/20/2012gfedc Changes Recommended By Standing Committee (New Action Form required with signatures)Date: Contact Name: Contact Phone: Contact Email: Ref: Department / Division:12/14/2012 George Brajkovic 573-5749 gbrajkovic@wycokck.org Economic DevelopmentItem Description:On 6/21/2012, a Resolution of Intent (R-41-12) to issue IRB's for The Hazelwood Villas was adopted by the UG Board ofCommissioners.The Kansas Dept of Revenue has issued a certificate of exemption to be applied to Assisted Living Associates, LLC for theexemption of sales tax for construction materials only for a new $15 million assisted living facility. They are NOT seeking taxabatement for this project. The Hazelwood Villas, the "Project", is located a 2309 N. 113th Court (113th and Parallel). TheHazelwood Villas will have an 120 apartment assisted living facility with a separate wing for memory care. The property isapproximately 6.43 acres and the facility will be approximately 101, 500 square feet. This facility will be a "private pay" facilitywithout public subsidy.The subject area has a base property tax of $7,000.00, the projected value upon completion of facility ($7.7 million) will take thebase taxes to an estimated $150,000.00 per year.Action Requested:An ordinance authorizing the issuance of Industrial Revenue Bonds for the Hazelwood Villas project.gfedcPublication RequiredBudget Impact: (if applicable)Amount: $ 52,500Source: Bond Issuance Fee paid to U.G.gfedc Included In BudgetgfedcbOther (explain)Positive on-going tax impactFile Attachment File Attachment File Attachment

(Published in The Wyandotte Echo on December 27, 2012)ORDINANCE NO. O-______-12AN ORDINANCE AUTHORIZING THE ISSUANCE BY THE UNIFIEDGOVERNMENT OF WYANDOTTE COUNTY/KANSAS CITY, KANSAS OF NOTTO EXCEED $15,000,000 AGGREGATE PRINCIPAL AMOUNT OF TAXABLEINDUSTRIAL REVENUE BONDS (ASSISTED LIVING ASSOCIATES, LLCPROJECT), SERIES 2013, TO PROVIDE FUNDS TO ACQUIRE, CONSTRUCTAND EQUIP A PROJECT FOR ASSISTED LIVING ASSOCIATES, LLC, ANDAUTHORIZING AND APPROVING CERTAIN DOCUMENTS AND ACTIONS INCONNECTION WITH THE ISSUANCE OF SAID BONDS.WHEREAS, the Unified Government of Wyandotte County/Kansas City, Kansas (the "Issuer")is a municipal corporation and political subdivision duly organized and validly existing under the laws ofthe State of Kansas as a consolidated city-county having all the powers, functions and duties of a county anda city of the first class; andWHEREAS, the Issuer is authorized by K.S.A. 12-1740 to 12-1749d, inclusive, as amended(collectively, the “Act”), to issue revenue bonds, the proceeds of which shall be used for the purpose ofpaying all or part of the cost of purchasing, acquiring, constructing, reconstructing, improving, equipping,furnishing, repairing, enlarging or remodeling facilities for agricultural, commercial, hospital, industrial,natural resources, recreational development and manufacturing purposes; andWHEREAS, pursuant to the Act, the Issuer proposes to issue its Taxable Industrial Revenue Bonds(Assisted Living Associates, LLC Project), Series 2013 (the “Bonds”), in the aggregate principal amount notto exceed $15,000,000, for the purpose of (a) acquiring, constructing and equipping a commercial projectfor Assisted Living Associates, LLC, a Kansas limited liability company (the “Corporation”), and (b) payingcertain costs of issuance, all as further described in the hereinafter referred to Bond Indenture and LeaseAgreement; andWHEREAS, the Bonds will be issued under a Bond Trust Indenture dated as of The date set forththerein (the “Bond Indenture”), by and between the Issuer and Security Bank of Kansas City, as BondTrustee (the “Bond Trustee”); andWHEREAS, the Corporation will lease the Project to the Issuer pursuant to the Base LeaseAgreement of even date herewith (the “Base Lease”) between the Corporation and the Issuer; andWHEREAS, simultaneously with the execution and delivery of the Bond Indenture, the Issuer willenter into a Lease Agreement dated as of the date set forth therein (the “Lease Agreement”), by and betweenthe Issuer, as lessor, and the Corporation, as lessee, pursuant to which the Project (as defined in the BondIndenture) will be acquired, constructed and equipped and pursuant to which the Issuer will lease the Projectto the Corporation, and the Corporation will agree to pay Lease Payments (as defined in the Bond Indenture)sufficient to pay the principal of and premium, if any, and interest on, the Bonds; andWHEREAS, the Issuer further finds and determines that it is necessary and desirable in connectionwith the issuance of the Bonds that the Issuer execute and deliver certain documents and that the Issuer takecertain other actions as herein provided;

NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COMMISSIONERS OFTHE UNIFIED GOVERNMENT OF WYANDOTTE COUNTY/KANSAS CITY, KANSAS, ASFOLLOWS:Section 1. Findings and Determinations. The Issuer hereby makes the following findings anddeterminations with respect to the Corporation and the Bonds to be issued by the Issuer, based uponrepresentations made to the Issuer:(a) The Corporation has properly requested the Issuer’s assistance in financing thecosts of the Project;(b) The issuance of the Bonds for the purpose of providing funds to finance the costsof the Project is in furtherance of the public purposes set forth in the Act; and(c) The Bonds are being issued for a valid purpose under and in accordance with theprovisions of the Act.Section 2. Authorization of the Bonds. The Issuer is hereby authorized to issue the Bonds in theaggregate principal amount of not to exceed $15,000,000, which shall be issued under and secured by andshall have the terms and provisions set forth in the Bond Indenture. The Bonds shall bear interest at aninterest rate not to exceed 5.00% per annum, and shall mature in principal installments with a final maturitydate or dates not later than December 31, 2016, and shall have such redemption provisions, includingpremiums, and other terms as set forth in the Bond Indenture. The final terms of the Bonds shall bespecified in the Bond Indenture, and the signatures of the officers of the Issuer executing such BondIndenture shall constitute conclusive evidence of their approval and the Issuer’s approval thereof.Section 3. Limited Obligations. The Bonds shall be limited obligations of the Issuer, payablesolely from the sources and in the manner as provided in the Bond Indenture, and shall be secured by atransfer, pledge and assignment of and a grant of a security interest in the Trust Estate (as defined in theBond Indenture) to the Bond Trustee and in favor of the owners of the Bonds, as provided in the BondIndenture. The Bonds and interest thereon shall not be deemed to constitute a debt or liability of the Issuer,the State of Kansas (the “State”) or of any political subdivision thereof within the meaning of any Stateconstitutional provision or statutory limitation and shall not constitute a pledge of the full faith and credit ofthe Issuer, the State or of any political subdivision thereof, but shall be payable solely from the fundsprovided for in the Lease Agreement and the Bond Indenture. The issuance of the Bonds shall not, directly,indirectly or contingently, obligate the Issuer, the State or any political subdivision thereof to levy any formof taxation therefor or to make any appropriation for their payment. No breach by the Issuer of any suchpledge, mortgage, obligation or agreement may impose any liability, pecuniary or otherwise, upon the Issueror any charge upon its general credit or against its taxing power.-2-

Section 4. Authorization and Approval of Documents. The following documents are herebyapproved in substantially the forms presented to and reviewed by the Issuer at this meeting and attached tothis Ordinance (copies of which documents shall be filed in the records of the Issuer), and the Issuer ishereby authorized to execute and deliver each of such documents (the “Issuer Documents”) with suchchanges therein (including the dated date thereof) as shall be approved by the officials of the Issuerexecuting such documents, such officials’ signatures thereon being conclusive evidence of their approvaland the Issuer’s approval thereof:(a)(b)(c)(d)Bond Indenture;Base Lease Agreement;Lease Agreement; andBond Purchase Agreement.Section 5. Execution of Bonds and Documents. The Mayor/CEO of the Issuer is herebyauthorized and directed to execute the Bonds by manual or facsimile signature and to deliver the Bonds tothe Bond Trustee for authentication for and on behalf of and as the act and deed of the Issuer in the mannerprovided in the Bond Indenture. The Mayor/CEO of the Issuer is hereby authorized and directed to executeand deliver the Issuer Documents for and on behalf of and as the act and deed of the Issuer. The UnifiedGovernment Clerk of the Issuer is hereby authorized and directed to attest, by manual or facsimile signature,to the Bonds, the Issuer Documents and such other documents, certificates and instruments as may benecessary or desirable to carry out and comply with the intent of this Ordinance.Section 6. Further Authority. The Issuer shall, and the officials, agents and employees of theIssuer are hereby authorized and directed to, take such further action, and execute such other documents,certificates and instruments, including, without limitation, any credit enhancement and security documents,arbitrage certificate, redemption notices, closing certificates and tax forms, as may be necessary or desirableto carry out and comply with the intent of this Ordinance, and to carry out, comply with and perform theduties of the Issuer with respect to the Bonds and the Issuer Documents.Section 7. Effective Date. This Ordinance shall take effect and be in full force immediately afterits adoption by the Governing Body of the Issuer and publication in the official newspaper of the Issuer.PASSED by the Board of Commissioners of the Unified Government of WyandotteCounty/Kansas City, Kansas this 20th day of December, 2012.(Seal)Mayor/CEO of the Unified Government ofWyandotte County/Kansas City, KansasATTEST:_______________________________Unified Government Clerk-3-

Staff Request forCommission ActionTracking No. 120295gfedc Revisedgfedc On GoingType: StandardCommittee: Public Works and Safety CommitteeDate of Standing Committee Action: 11/13/2012(If none, pleaseexplain):Proposed for the following Full Commission Meeting Date:Confirmed Date: 12/20/201212/20/2012gfedc Changes Recommended By Standing Committee (New Action Form required with signatures)Date: Contact Name: Contact Phone: Contact Email: Ref: Department / Division:11/6/2012 Mike Tobin573-5700 mtobin@wycokck.orgPublic WorksItem Description:It is required by the Kansas Department of Health and Environment (KDHE) that each county has a Solid Waste PlanningCommittee. It is also required by KDHE that the Solid Waste Mater Plan be reviewed on an annual basis by the Committee andbe approved by the Board of County Commissioners. The review should address any changes in the solid waste managementsystem since the last plan review and also include the recommendations of the Committee.The attached document includes the minutes of the Solid Waste Planning Committee yearly review. After review of the planthere were no recommendation for changes.Action Requested:It is requested that the Standing Committee accept and approve the review and recommendations of the Solid Waste PlanningCommittee and forward to the Full Commission for approval.gfedcPublication RequiredBudget Impact: (if applicable)Amount: $Source:gfedc Included In BudgetgfedcbOther (explain)For information only.File Attachment File Attachment File Attachment

Staff Request forCommission ActionTracking No. 120309gfedc Revisedgfedc On GoingType: StandardCommittee: Neighborhood and Community Development CommitteeDate of Standing Committee Action: 12/3/2012(If none, pleaseexplain):Proposed for the following Full Commission Meeting Date:Confirmed Date: 12/20/201212/20/2012gfedc Changes Recommended By Standing Committee (New Action Form required with signatures)Date: Contact Name: Contact Phone: Contact Email: Ref: Department / Division:11/9/2012 Angie Masloski 5853amasloski@wycokck.org PSBOItem Description:Each year the UG receives funds from the State for taxes received from the sale of mixed alcohol drinks. By statute thefunds are distributed in thirds, one-third to the UG general fund, one-third to Parks & Rec, and one-third to community drug& alcohol prevention/intervention services. For 2013 the board was able to distribute $249,500 and the total amount ofrequested funds was $344,013, which is $94,513 more than what was available.Agency 2012 Award 2013 Request 2013 AwardAlcohol Safety Action Project $54,370 $51,100 $51,100Friends of Yates $88,156 $98,014 $89,856Associated youth Services $106,875 $131,847 $108,544Mirror Inc. $0 $63,052 $0Action Requested:Approve 2013 agency grants as follows:Alcohol Safety Action Project (ASAP) - $51,100Associated Youth Services (AYS) - $108,544Friends of Yates (FOY) - $89,856gfedcPublication RequiredBudget Impact: (if applicable)Amount: $ 0Source:gfedcb Included In Budgetgfedc Other (explain)File Attachment File Attachment File Attachment

Alcohol Safety Action Project (ASAP)$51,100 FundedOperate the Weekend Intervention Program (WIP), Clinical Outpatient Services (COPS), and provideIndigent Jail EvaluationsoooWIP: Is a privatized incarceration accepted under KS statutes. The program lasts for 48 hoursand contains intensive substance abuse education. The grant funds will allow 12 lowincome/indigent participants to participate in WIP.COPS: Provides outpatient clinical services to low income/indigent clients. Clients mustmaintain sobriety, continue regular reporting, and attend AA, NA, or self help programs.Indigent Jail Evaluations: Provides substance abuse evaluations to low income/indigent inmatesto meet their legal requirements, assist the court in adjudications, and minimize jail time.Associated Youth Services (AYS)$108,544 FundedOperate the Adolescent Drug and Alcohol Prevention and Treatment (ADAPT) programThe ADAPT program provides treatment and prevention services to youth in Wyandotte County ages 13-18. Youth are provided services based on the individualized treatment and relapse plans they complete.Project SPORT (which was created in 2012 with this funding) is a multi-focal program which works withyouth and parents to prevent early initiation of drug use.Friends of Yates (FOY)$89,856 FundedOperate programming which addresses the co-occurring issue of domestic violence and substance abuseFOY provides prevention, education, and intervention services to victims of domestic violence enteringthe Della Gill/Joyce H. Williams Center and provides outreach programs in the community. FOYoperates the Project LIVE (Learning to Interrupt Violence thru Education) program which provides directintervention services to youth in two middle schools.Mirror Inc.$0 FundedOperate the Reward and Reminder program and create a coordinated youth councilMirror Inc. would partner with youth volunteers to do 2 compliance checks per year on every store inWyandotte County that sells alcohol. If the clerk does not sell alcohol to a minor they will be given areward, if the clerk does sell to the minor they will be given a reminder not to sell to people under 21years of age.The youth council would focus on high school students from USD 500 and issues related to youngpeople. The youth council design media publicity and government advocacy, convey information topolicy makers, utilize components of research based practices.

Staff Request forCommission ActionTracking No. 120323gfedc Revisedgfedc On GoingType: StandardCommittee: Economic Development and Finance CommitteeDate of Standing Committee Action: 12/3/2012(If none, pleaseexplain):Proposed for the following Full Commission Meeting Date:Confirmed Date: 12/20/201212/20/2012gfedc Changes Recommended By Standing Committee (New Action Form required with signatures)Date: Contact Name: Contact Phone: Contact Email: Ref: Department / Division:11/30/2012 Lew 5186 or Ken 5070 Lew 5186 kjmoore@wycokck.orgFinanceItem Description:As part of the 2013 budget, the Commission adopted the Commission Neighborhood Infrastructure Program (CNIP). Theattached resolution and ordinance approve the listed projects and authorize the financing of the Program improvements.Action Requested:Adopt resolution and ordinance.Publication of the Ordinance is required. The Resolution need not be published.gfedcbPublication RequiredBudget Impact: (if applicable)Amount: $Source:gfedcb Included In Budgetgfedc Other (explain)Consistent with CMIPFile AttachmentFile Attachment

Staff Request forCommission ActionTracking No. 120313gfedc Revisedgfedc On GoingType: StandardCommittee: Economic Development and Finance CommitteeDate of Standing Committee Action: 12/3/2012(If none, pleaseexplain):Proposed for the following Full Commission Meeting Date:Confirmed Date: 12/20/201212/20/2012gfedc Changes Recommended By Standing Committee (New Action Form required with signatures)Date: Contact Name: Contact Phone: Contact Email: Ref: Department / Division:11/27/2012 Lew Levin5186mschrick@wycokck.orgFinanceItem Description:A resolution authorizing the offering for sale of Municipal Temporary Notes and General Obligation Improvement Bonds ofthe Unified Government of Wyandotte County/Kansas City, Kansas. Please see supporting document for a complete listing ofall projects included in the following Series 2013.5TEMPORARY NOTESSeries 2013-I $ 53,979,675.45Series 2013-II 7,302,769.37Series 2013-III 14,000,000.00GENERAL OBLIGATION BONDSSeries 2013-A (Tax-Exempt) $ 15,663,207.43Series 2013-B (Taxable) 5,200,934.60Action Requested:Please adopt resolution.6gfedcPublication RequiredBudget Impact: (if applicable)Amount: $Source:gfedcb Included In Budgetgfedc Other (explain)Annual financing, consistent with the CMIP.File Attachment File Attachment File Attachment

RESOLUTION NO. ______RESOLUTION AUTHORIZING THE OFFERING FOR SALE OF MUNICIPALTEMPORARY NOTES AND GENERAL OBLIGATION IMPROVEMENTBONDS OF THE UNIFIED GOVERNMENT OF WYANDOTTECOUNTY/KANSAS CITY, KANSAS.WHEREAS, pursuant to the provisions of the laws of the State of Kansas applicable thereto, byproceedings duly had, the governing body of the Unified Government of Wyandotte County/Kansas City,Kansas (the “Issuer”) has heretofore authorized certain internal improvements described as follows (the“Improvements”):Series 2013-I Notes (Tax-Exempt)ACD CMIP Project Name Estimated ProjectFund Deposit970 1219 14th Street BD (Douglas to Springhorn Road) $100,379.21963 5311 51st & Rowland Short Span Structure Replacement 300,151.69962 2134 55th St. Bridge Over Nearman Creek 722,325.81962 2139 65th Street Bridge Over Turner Diagonal 281,061.80948 0311 ADA Modifications - UG Facility 2011 (969-8181) 302,765.96948 0313 ADA Modifications - UG Facility 2013 (969-8181) 150,000.00941 0812 ADA Pedestrian Ramp Improvements 2012 (970-1141) 602,275.29941 0813 ADA Pedestrian Ramp Improvements 2013 (970-1141) 600,000.00963 5312 Armourdale Storm Sewer Repair 501,896.07941 0413 Arterial/Collect Resurfacing 2013 (970-1302) 850,000.00962 2305 Bridge Repair, Priority (4 Loc) 450,000.00970 3320 Center City Traffic Signal Reconstruction 450,948.04970 1202 Central Avenue Rehab (I-70 to 18th) 200,000.00970 1402 Central Industrial District Resurfacing 2012 752,844.11963 6220 CID Bar Screen(s) Replacement 301,137.64963 6190 CSO Water Quality Sampling Update 302,765.96963 6194 Digester Roof & Gait Structure Repairs 803,305.10970 1053 Dodson Street Landslide Repair 40,000.00948 0111 Elevator Upgrades City 2011 (969-8167) 403,687.95948 0112 Elevator Upgrades City 2012 (969-8167) 200,758.43948 0212 Facilities Parking Maint & Repair-City 2012 (969-8513) 250,948.04948 0213 Facilities Parking Maint & Repair-City 2013 (969-8513) 1,000,000.00963 6042 FID-AID Force Main Improvements 857,849.81969 8004 Fire HQ Window & Overhead Door Replacement 750,000.00973 9232 Fire Maintenance/Storage Facility - City, Fire Dept 1,028,548.70969 8071 FS #15 Roof Replacement 152,000.00969 8073 FS #18 Roof Replacement 120,000.00969 8070 FS #3 Roof Replacement 115,000.00962 2137 Holmes Road Bridge N. of Puckett Ave 205,709.74970 1609 Hutton & Leavenworth Intersection 450,000.00970 1215 Hutton Road - Cleveland to Leavenworth 200,000.00963 6219 IMS Implementation Program 750,000.00941 0112 Industrial District Repairs 2012 (970-1113) 501,896.07941 0113 Industrial District Repairs 2013 (970-1113) 500,000.00963 6216 IOCP Sewer System Repairs (CSO/SSO Compliance) 1,003,792.14

970 1607 Kaw Drive Rehab, 38th to 59th (Phase 1 of 2 535,000.00971 7850 Kaw Point Connector Link (Downtown Pedestrian /Bike Path-Phase II)` 78,924.91963 6062 Kaw Point Disenfection 7,112,985.96963 6192 Kaw Point Grit Box & Bar Screen Improvements 75,691.49963 6199 Kaw Point Solids Dewatering Rehabilitation 3,501,137.64970 3344 KDOT Message Boards 115,331.81970 1604 Leavenworth Road Rehab 77th to 38th 652,464.89970 3109 Leavenworth Road, 72nd & 55th Intersections (Traffic Signals) 240,000.00971 1198 Meadowlark Lane Rehab 1,000,000.00969 8667 Memorial Hall Exterior Painting 401,301.20970 1292 Merriam Lane Improvements 10th to 24th 1,202,085.68970 1052 Merriam Lane, County Line Road to 24th 200,000.00969 8158 Minnesota Avenue to Lot C Walkway Roof Repair 227,074.47963 6189 Muncie Creek 1,509,219.87941 0212 Neighborhood Street Resurfacing 2012 (970-1209) 1,505,688.21941 0213 Neighborhood Street Resurfacing 2013 (970-1209) 1,800,000.00970 1174 Oak Grove Rd - 53rd to 55th 250,000.00969 4426 Parks Facility Roof Rep (Eisenhower & Parkwood) 360,000.00963 6196 Phase I SSES Compliance Program 2,707,584.28971 4424 Pierson Lake Dam Study & Repair 50,000.00963 6023 Plant #20 Building & Lighting Improvements 577,587.56969 8380 Reardon Center Facility Improvements 50,000.00962 2140 Riverview Ave Bridge Over Turner Diagonal 321,061.80962 2112 Shawnee Bridge over 7th Street 300,189.61970 1162 S. 42nd St. Metropolitan to Argentine 2,585,881.05971 4427 Shelter #9 Repair 69,000.00963 6198 SS Interceptor Reloc for 4.4 RR Bridge @ Turkey Creek 501,896.07970 1161 State Ave. 73rd to 82nd St. 2,364,898.68970 1199 State Avenue, 82nd - 94th Street 2,359,591.81970 1293 SW Blvd Bicycle Lanes - Iowa to 10th 340,530.90970 1295 SW Blvd Bicycle Lanes - Iowa to State Line (CMAQ) 70,000.00970 3345 Traffic Signal Replacements (Priority) 272,500.00963 5005 Turkey Creek 4,400,000.00971 4425 Wyandotte County Lake Waterline Study & Repair 40,000.00Series 2013-I Estimated Total Project Fund Deposit = $53,979,675.452

Series 2013-II Notes (Taxable)ACD CMIP Project Name Estimated ProjectFund Deposit978 1045 Midtown Redevelopment TIF $7,000,000.00978 9238 Livestrong Parking Lot Lighting 302,769.37Series 2013-III Estimated Total Project Fund Deposit = $7,302,769.37Series 2013-III Notes (Tax-Exempt, County)ACD CMIP Project Name Estimated ProjectFund DepositEmergency Communications Equipment Project $14,000,000.00Series 2013-C Estimated Total Project Fund Deposit = $14,000,000.00Series 2013-A Bonds (Tax-Exempt)ACD CMIP Project Name Estimated ProjectFund Deposit941 0312 2012 Concrete Street Repair Annual Program $150,000.00942 0112 2012 Emergency Bridge Repair Annual Program 250,000.00941 0512 2012 Guardrail Replacement Annual Program 100,000.00962 2130 38th & Hagemann Box Culvert 201,843.97969 8181 ADA Modifications - UG Facility 2010 403,687.94941 0811 ADA Pedestrian Ramp Improvements, 2011 (970-1141) 504,609.93941 0412 Arterial/Collect Resurfacing 2012 (970-1302) 853,223.32963 6043 Electrical Switchgear Imprv. @ FID/CID Pumps 50,460.99969 8513 Facilities Parking Maint & Repair-City 2010 252,304.97948 0211 Facilities Parking Maint & Repair-City 2011 151,382.98970 1168 I-435 & Donahoo Interchange 660,132.99963 6195 Kaw Point Switchgear Improvements 50,460.99963 6193 Kaw Point Subsurface Structural Repairs 326,639.53963 6031 Neighborhood Sewer Renewal (E of I-635) 181,234.60941 0212 Neighborhood Street Resurfacing 2012 (970-1209) 1,505,688.21970 1104 Parallel Parkway - 5th to 9th 250,948.04946 0311 Sanitary Sewer Repairs 2011 (963-6301) 706,453.91970 1325 State Ave. 69th to 73rd 1,608,004.05945 0111 Storm Sewer Improvements - 2011 (963-5304) 706,453.91963 5005 Turkey Creek 4,749,677.10970 1294 Commission Neighborhood Infrastructure Program 2013 2,000,000.00Series 2013-A Estimated Total Project Fund Deposit = $15,663,207.43Series 2013-B Bonds (Taxable)ACD CMIP Project Name Estimated ProjectFund Deposit969 7825 EPA Building - 730 Minnesota $201,843.97978 9185 Metropolitan Ave Redevelopment (Taxable Home Rule) 950,000.00972 9185 Metropolitan Ave Redevelopment (Taxable) 650,000.00978 1045 Midtown Redevelopment TIF 3,071,090.63964 7865 Drew v. UG 328,000.00Series 2013-B Estimated Total Project Fund Deposit = $5,200,934.603

WHEREAS, it is necessary for the Issuer to provide cash funds (from time to time) to meet itsobligations incurred in constructing the Improvements prior to the completion thereof and the issuance ofthe Issuer’s general obligation bonds, and it is desirable and in the interest of the Issuer that such funds beraised by the issuance of one or more series of temporary notes of the Issuer;WHEREAS, the Issuer has heretofore issued $39,030,000.00 principal amount of MunicipalTemporary Notes, Series 2012-I; and $3,360,000.00 principal amount of Municipal Temporary Notes,Series 2012-II;WHEREAS, all aspects of the Improvements being financed with the temporary notes will not becompleted prior to the maturity date of the Existing Notes and it is necessary for the Issuer to provide cashfunds to meet its obligations on a portion of the Existing Notes by the issuance of one or more series ofadditional temporary notes of the Issuer;WHEREAS, the Issuer desires to issue its general obligation bonds in one or more series in orderto permanently finance a portion of the costs of the Improvements and to retire a portion of the ExistingNotes which were issued to temporarily finance a portion of the costs of the Improvements;WHEREAS, the Issuer hereby selects the firm of Springsted, Incorporated, Saint Paul,Minnesota (“Financial Advisor”), as financial advisor for one or more series of municipal temporary notesand one or more series of general obligation bonds of the Issuer to be issued in order in order to providefunds to pay the costs of the Improvements;WHEREAS, the Issuer desires to authorize the Financial Advisor, in conjunction with the Clerk,Chief Financial Officer, and other officers and representatives of the Issuer to proceed with the offeringfor sale of said municipal temporary notes and general obligation bonds, and related activities;WHEREAS, one of the duties and responsibilities of the Issuer is to prepare and distribute apreliminary official statement relating to said municipal temporary notes and general obligation bonds;andWHEREAS, the Issuer desires to authorize the Financial Advisor, in conjunction with the Clerk,and other officers and representatives of the Issuer to proceed with the preparation and distribution of apreliminary official statement and notice of bond sale and to authorize the distribution thereof and allother preliminary action necessary to sell said municipal temporary notes and general obligation bonds.BE IT RESOLVED BY THE GOVERNING BODY OF THE UNIFIED GOVERNMENTOF WYANDOTTE COUNTY/KANSAS CITY, KANSAS, KANSAS, AS FOLLOWS:Section 1. The Issuer is hereby authorized to offer at competitive public sale one or more seriesof municipal temporary notes and one or more series of general obligation improvement bonds to fundtotal project costs of approximately $95,766,000 plus interest and costs of issuance (collectively, the“Obligations”) as described in the Notice of Sale to be prepared by officials and representatives of theIssuer, as authorized below. Such project costs may be paid through the issuance of tax-exempt or taxableObligations.4

Section 2. The Mayor/Chief Executive and Clerk are hereby authorized to cause to be prepared aPreliminary Official Statement, and such officials and other representatives of the Issuer are herebyauthorized to use such document in connection with the public sale of the Obligations.Section 3. The Clerk, in conjunction with the Financial Advisor and Gilmore & Bell, P.C.,Kansas City, Missouri (“Bond Counsel”), is hereby authorized and directed to give notice of said bondsale by publishing a summary of the Notice of Sale not less than 6 days before the date of the bond sale ina newspaper of general circulation in Wyandotte County, Kansas, and the Kansas Register and is herebyauthorized to distribute copies of the Notice of Sale and Preliminary Official Statement relating to theObligations to prospective purchasers of the Obligations. Bids for the purchase of the Obligations shallbe submitted upon the terms and conditions set forth in said Notice of Sale, and shall be delivered to thegoverning body at its meeting to be held on the date of such sale, at which meeting the governing bodyshall review such bids and shall award the sale of the Obligations or reject all bids for a particular seriesof the Obligations.Section 4. For the purpose of enabling the purchaser(s) of the Obligations (collectively, the“Purchasers”) to comply with the requirements of Rule 15c2-12 of the Securities Exchange Commission(the “Rule”), the appropriate officers of the Issuer are hereby authorized: (a) to approve the form of saidPreliminary Official Statement; (b) covenant to provide continuous secondary market disclosure byannually transmitting certain financial information and operating data and other information necessary tocomply with the Rule to certain national repositories and the Municipal Securities Rulemaking Board, asapplicable; and (c) take such other actions or execute such other documents as such officers in theirreasonable judgment deem necessary; to enable the Purchasers to comply with the requirement of theRule.Section 5. The Issuer agrees to provide to the Purchasers within seven business days of the dateof the sale of Obligations or within sufficient time to accompany any confirmation that requests paymentfrom any customer of the Purchasers, whichever is earlier, sufficient copies of the final Official Statementto enable the Purchasers to comply with the requirements of Rule 15c2-12(3) and (4) of the Securities andExchange Commission and with the requirements of Rule G-32 of the Municipal Securities RulemakingBoard.Section 6. The Mayor/Chief Executive, Clerk and the other officers and representatives of theIssuer, Bond Counsel and the Financial Advisor are hereby authorized and directed to take such otheraction as may be necessary to carry out the public sale of the Obligations.Section 7. This Resolution shall be in full force and effect from and after its adoption.[BALANCE OF THIS PAGE INTENTIONALLY LEFT BLANK]5

ADOPTED by the governing body on December 20, 2012.(SEAL)ATTEST:Mayor/Chief ExecutiveClerk6

STATE OF KANSAS ) PLANNING & ZONING SESSIONWYANDOTTE COUNTY )) SS THURSDAY, OCTOBER 25, 2012CITY OF KANSAS CITY, KS )The Unified Government Commission of Wyandotte County/Kansas City, Kansas, met inregular session Thursday, October 25, 2012, with nine members present: Holland, CommissionerAt-Large First District; Mendez, Commissioner At-Large Second District as Mayor Pro-Tem;Barnes, Commissioner First District (via conference phone); McKiernan, Commissioner SecondDistrict; Murguia, Commissioner Third District; Kane, Commissioner Fifth District; Markley,Commissioner Sixth District; Cooley, Commissioner Seventh District (via conference phone);and Ellison, Commissioner Eighth District (via conference phone). Reardon, Mayor/CEO, andMaddox, Commissioner Fourth District; were absent. The following officials were also inattendance: Doug Bach, Deputy County Administrator; Delia York, Deputy Chief Counsel;Carol Godsil, Deputy Unified Government Clerk; Gordon Criswell, Assistant CountyAdministrator; Rob Richardson, Director of Urban Planning & Land Use; Bradley Munford andByron Toy, Planners, and Janet Parker, Administrative Assistant.MAYOR PRO-TEM MENDEZ called the meeting to order.ROLL CALL: Cooley, Ellison, Holland, Mendez, Barnes, McKiernan, Murguia, Kane,Markley.INVOCATION was given by Reverend David Burnworth, London Heights Baptist Church.Mayor Pro-Tem Mendez recognized individuals from Troup #160 and Pack #3160 from St.Patrick’s Church. They included Sean Cresswell, Jacob Smith, TJ Villa, Devin Rice, XaiverCarlos, Gage McRae, Ethan Findley, Ian Pack, John Pack, Kelly Rice, Dave Cresswell and AprilCordero.THE AGENDA for October 25, 2012, was presented. Mayor Pro-Tem Mendez asked if therewere any revisions to the agenda. There were none.Ms. Godsil asked if any members of the Commission wished to disclose contact with proponentsor opponents on any item on the Agenda. Commissioner Kane disclosed proponents for #SP-

22011-14 and when I got here tonight, I’ve got two that are against it. They laid it here on mydesk. Commissioner McKiernan disclosed opponents for #A-2012-9. CommissionerMarkley stated I too received the letters from the opponents for #SP-2011-14 here at thecommission meeting. Commissioner Holland stated I also had communication from opponentsand proponents for #SP-2011-14. Commissioner Ellison stated I also had the same two thatCommissioner Holland spoke of. Commissioner Cooley stated same here. I received bothcommunications from opponents and proponents for #SP-2011-14. Commissioner Barnesstated same here.Mayor Pro-Tem Mendez asked are there any set-asides on the Consent Agenda.Commissioner Murguia asked to set-aside #MP-2012-6. Rob Richardson, Director of UrbanPlanning & Land Use, asked to set-aside #SP-2012-49 and M#2012-6.Action:Commissioner Kane made a motion, seconded by Commissioner Barnes, toapprove the Planning and Zoning Consent Agenda, excluding the set-asides.Roll call was taken and there were seven “Ayes,” Cooley, Ellison, Holland,McKiernan, Murguia, Kane, Markley. Commissioner Barnes abstained.PLANNING & ZONING CONSENT AGENDACHANGE OF ZONE APPLICATIONSITEM NO. 1 – 120272...CHANGE OF ZONE APPLICATION #3037 – TYLER OLIVERWITH HODG I, LLCSYNOPSIS: Change of zone from A-G Agriculture District to CP-1 Planned Limited BusinessDistrict for a Dollar General store at 4505 Metropolitan Avenue. The applicant wants to rezonethe 1.20 acre parcel to construct a 9,100 square foot Dollar General retail store and MASTERPLAN AMENDMENT ITEM NO. 1 – 120272 - Master Plan Amendment from Business Park toCommunity Commercial at 4505 Metropolitan Avenue The Planning Commission voted 8 to 0to recommend approval of Master Plan Amendment #MP-2012-6. The Planning Commissionvoted 8 to 0 to recommend approval of Change of Zone Application #3037, subject to:Urban Planning and Land Use Comments1. Sec. 27-577(a)(5) Landscaping shall exceed the typical code requirements by at least 75percent. The CP-1 Planned Limited Business District requirement is one tree per 7,000October 25, 2012

3square feet of lot area. The landscape plan indicates 8 trees, based on the 1.2 acres or52,272 square feet of total site area. Please revise the landscape plan illustrating 13 treesthroughout the project site.a. All deciduous trees shall be at least 2” caliper when planted. All evergreens mustbe at least 6’ in height when planted. All shrubs along the exterior of the site mustbe planted at a minimum of 5 gallons. Internal shrubs must be planted at aminimum of 3 gallons.2. Sec. 27-577(d)(1) At least 75 percent of the length of building foundations facing publicstreets, the exterior of the development, or common spaces must be planted withornamental plant material such as ornamental trees, flowering shrubs, perennials, andgroundcovers.3. All landscaping shall be irrigated. The parking lot islands shall be landscaped.4. As indicated on the plans, the mechanical units in the rear shall be screened by a woodprivacy fence. The mechanical units shall be painted to match the building.5. The wooded area that is along the east property line shall be preserved.6. Downspouts shall be internalized.7. Mechanical equipment or other utilities whether on the ground or mounted on thebuilding shall be screened from public view. The screening shall either be denselandscaping with a minimum of six-foot evergreens or an architectural wall constructedfrom the same materials as the main building. Rooftop mechanical equipment shall becompletely screened from public view by a parapet. Since the building has a roof pitchedtowards the rear, the height of the parapet will need to be raised to cover any rooftopmounted equipment. Staff suggests that the satellite dish be housed within the fenced areaon the south side of the building.8. Sec. 27-575(g)(3) All trash receptacles shall be enclosed with a screening wall or fenceconstructed of the same materials as the primary structure. The screen must be aminimum of six feet in height on all sides and designed with the gate facing away fromstreets or adjacent land uses. All screening materials must be well maintained at all times.Trash and boxes shall be placed outside the trash enclosure.October 25, 2012

49. Sec. 27-464(c)(1) All sales, services and storage shall be conducted within a fullyenclosed building. No product may be handled or service rendered which cannot beaccommodated within a building at all times, except that accessory storage and sale oflandscaping and gardening supplies may occur outside during the spring planting season,and Christmas trees may be left outside during the period of sale if they do not reduce thecapacity of a parking lot below that required by ordinance. Ice coolers and the sale ofmerchandise on the sidewalk are not permitted.10. The only permitted detached sign shall be a monument sign. The monument sign that isproposed shall have a similar terraced base that is located at the 6028 Leavenworth Roadstore.11. All wall pack lighting and parking lot lights shall have 90 degree cutoffs.Public Works Comments1. Items that require plan revision or additional documentation before engineering canrecommend approval: None.2. Items that are conditions of approval (stipulations): None.3. Comments that are not critical to engineering’s recommendations for this specificsubmittal, but may be helpful in preparing future documents: None.The applicant and their representative have worked with staff to develop a quality project thatmeets the applicable ordinances and Commercial Design Guidelines.Tyler Oliver, HODG I, LLC, appeared stating I’m the developer of the Dollar General. Iwould be curious why are we setting aside the rezoning this evening. I would be happy toanswer any questions.Commissioner Murguia stated Mr. Oliver, thank you very much for being here tonight andbeing willing to answer any of my questions. I worked with you before and had a very positiveexperience with you. I know that you are doing a number of Dollar General developmentsthroughout Wyandotte County and the greater Kansas City area. You’ve done great work. Ibelieve you were involved in the new Dollar General that is in Argentine on Metropolitan andOctober 25, 2012

5you did a great job and you were very easy to work with. I can tell you that the residents inArgentine and the surrounding area greatly appreciate having a Dollar General in that area. Thenew retail is amazing. I never drive by there when there isn’t a ton of people in the parking lot,so hopefully that’s good for Dollar General.I do have a concern. I’ve been having communications with the Dollar General. Ibelieve their corporate headquarters is in Tennessee. I’ve expressed some concerns about theupkeep of the grounds. There seems to be an excessive amount of trash. The grass doesn’t seemto get mowed on a regular basis. There is substantial weeds in the landscaping. There has beensome dead landscaping several times over the summer. There is an enormous amount ofproduct outside of the store on the sidewalk. It sort of appears to be just shoveled. Often timeswhen I go in there, the shelves appear to be empty. The shelves being empty could be a goodthing for Dollar General. My concern is this, in Argentine and in District 3, we are undergoinga lot of effort to revitalize that community in that area. If you’ve been to that area, I’m sureyou’ve seen our brand new $6M library, lots of new infrastructure and new housing. Thoughwe truly need and are appreciative of the retail, the condition that the store is kept creates someconcern in the community. Though corporate headquarters is very responsive to the concerns, italways takes me to bring those concerns to the operations department’s attention. My concernis that I wouldn’t want additional stores to be built in our community that this happens wherethere is an enormous amount of trash and lack of upkeep. It’s very important, and I believefrom our strategic planning, what we learned as commissions is that we all seem to agree thatcode violations and code enforcement are very important to all of us. We would like to be ableto raise the standard, in particular, in those areas that have seen more blight or more challenges.I have no objection to your proposal tonight. I think this Dollar General store is going tobe great. I would like to see before we approve this tonight, I would like to see or hear about anoperations plan to address these other issues before this gets approved.Mr. Oliver stated I’ve seen emails in the past back and forth to corporate, different complaintsthis summer about the landscaping. There was an issue with the sprinkler system. That’s whythings were dying. I think they got that resolved. I know personally, I paid to have several ofthe bushes and shrubs replaced at my own expense just to try to keep things going. I kind ofthought we had things worked out with the maintenance and keeping up the grounds and thelandscaping and so forth. If there is something new, I wasn’t aware of that. I know it has beentop of mine for Dollar General to stay on top of their landscaping issues better. That’s a veryOctober 25, 2012

6high volume store so that’s part of the reason that there is not much merchandise in there. Asfar as trash, I’m not aware of what’s going on whether they’re just not doing a good job ofmaintaining or keeping up the grounds. They have 10,000 stores in many, many communities.They’re a great tenant; a great retailer. They try their best. Perhaps in this particular store it’s amanagement issue that is just not quite getting done. I think the other stores, I have not heardany complaints about the other stores we’ve developed whether they’re having those sameissues or not. I’m not sure if I answered your question or not. Commissioner Murguia statedyou answered my question. I appreciate that.Commissioner Markley stated I would echo Commissioner Murguia’s comments in terms ofhow excited we are to have another Dollar General. It’s certainly something our communityneeds. We have very little retail so we are excited about the opportunity. I would also echo thatthere are some concerns again relating back to the Dollar General in Argentine. We havegraffiti issues in our neighborhoods particularly in the summer so hopefully we’re getting out ofthat season. I personally went to a bunch of stores in the area to see if they were complyingwith our graffiti ordinances and Dollar General and most stores honestly, they’re not. Theydon’t have up proper signage according to our ordinances and it’s unclear whether they arecomplying with the part of our ordinance that requires them not to sell to individuals that areunder 18. It’s just another set of concerns that we would like Dollar General to address and say,you know, we are going to partner with your community. We are going to make sure that weare obeying your ordinances. That we are taking the steps to make sure we’re not putting spraypaint into the hands of young people that are going to go spray on the outside of someone’s wallor the Dollar General’s wall is also a possibility. Again, it’s just a concern and it’s somethingthat we would like to see addressed, I guess, more formally through Dollar General. I’m willingto make a motion but I think Commissioner Barnes wants to speak first.Commissioner Barnes stated as I was listening to Commissioner Murguia, want to thank youfor your comments. That same thing is happening on the north side of town. I would like abetter answer as to how they plan to address it or at a later date they can submit some type ofplan of action to the Planning Department to Mr. Richardson or someone to be a little bit moredefinitive about the action that is going to be taken to make certain that the exterior upkeep ofthe stores are kept in tack. When she was talking, we are experiencing the same kind ofproblems on Quindaro.October 25, 2012

7Mr. Oliver asked is there a way tonight to continue with the process. We are always under thegun with landowners and contracts and trying to get a shovel in the ground before snow fliesand so forth. Is there a way to continue tonight with some sort of an agreement - havesomebody in from Dollar General either to meet with the city or have some sort of a better,more written plan that is amenable to everyone here, kind of subject to hearing from DollarGeneral and working out a plan? Commissioner Barnes stated that is exactly what I amtalking about.Rob Richardson, Director of Urban Planning & Development, stated this is not the onlyapplication that Mr. Oliver has before the Unified Government at this time. He has a projectthat is probably a month from Planning Commission and Board of Commissioners at 18 th &Minnesota. I think that it would be possible for him to provide us that documentation beforethat store comes before us. If you were inclined to let him continue with this store, I think we’llhave another bite at this apple in the very near future to make sure this is rectified citywidebefore. I think he has incentive to get that done and this project can move forward because weare getting close to the winter season when we might have construction issues.Commissioner Barnes stated I don’t have a problem with that. If he needs a recommendation,we’ve got a lot of people looking for work that would be more than happy to keep your storesclean for him.Commissioner Murguia stated I would echo what Commissioner Barnes said. Sometimeswhat happens is when you hire a contractor that doesn’t live in Wyandotte County or doesn’tlive in the area that they serve, they don’t take as much interest. I’m serious when I say alongwith Commissioner Barnes, we have plenty of people that live in these communities that are outof work that could benefit from doing that work and would take greater care with it becausethey live in that community. I’m fine with it moving forward as long as we know that you arecoming forward with another Dollar General because frankly Mr. Oliver, you’ve been great todeal with but you’re the developer and who we need to hear from is Dollar General that whenyou’re done, you’re out of the picture. Absolutely, I’d appreciate it if you could facilitate ameeting between at least myself and any other Commissioners that are interested in meetingOctober 25, 2012

with the people from Dollar General to get some sort of agreement in writing that movingforward they will take better care of these kinds of things.8Mayor Pro-Tem Mendez opened the public hearing.No one appeared in support of.No one appeared in opposition.Mayor Pro-Tem Mendez closed the public hearing.Action:Action:Commissioner Murguia made a motion, seconded by Commissioner Barnes,to approve Change of Zone Application #3037, subject to the stipulations.Roll call was taken and there were nine “Ayes,” Cooley, Ellison, Holland,Mendez, Barnes, McKiernan, Murguia, Kane, Markley.Commissioner Markley made a motion, seconded by CommissionerMurguia, to approve Master Plan Amendment #MP-2012-6. Roll call wastaken and there were nine “Ayes,” Cooley, Ellison, Holland, Mendez, Barnes,McKiernan, Murguia, Kane, Markley.ITEM NO. 2 – 120273...CHANGE OF ZONE APPLICATION #3042 – NATHANIELHAGEDORN WITH NORTHPOINT DEVELOPMENTSYNOPSIS: Change of zone from A-G Agriculture District to RP-5 Planned ApartmentDistrict for a 306 unit apartment development consisting of six buildings, clubhouse, carportsand garages at 11501 Parallel Parkway and Master Plan Amendment Item No. 2 – 120273 #MP-2012-10 - Master Plan Amendment from Planned Mixed Business Park/Commercial (PrairieDelaware Piper Master Plan) to High Density Residential (City Wide Master Plan) at 11501Parallel Parkway. The Planning Commission voted 8 to 0 to recommend approval of MasterPlan Amendment #MP-2012-10. The Planning Commission voted 8 to 0 to recommendapproval of Change of Zone Application #3042, subject to:Urban Planning and Land Use CommentsOctober 25, 2012

91. Sec. 27-460(c)(1) Height shall not be more than four stories. Three buildings are tallerthan four stories. A variance application has not been submitted and will need to beapproved by the Board of Zoning Appeals in order for five stories to be constructed.Applicant response: All apartment buildings are designed to be code compliant as fourstory buildings with three of the buildings having partial walk out basements – Varianceapplication should not be necessary.Staff response: It is difficult to say five-story buildings are not proposed. The applicanthimself described them as five-story buildings to senior staff and the mayor andelevations contained in this report clearly show five-story buildings. A variance isrequired.2. The stormwater and stormwater treatment needs to be redesigned. The site in its currentconfiguration does not work and will not work per Public Works’ comments.Furthermore, there is electrical easement issues unresolved. How do you intend to buildDelaware Parkway across the easement?Update: We understand a preliminary rework of the storm system has been accomplished and isat a point the final plan can be accomplished. The easement issue remains unresolved, but thesite has been adjusted to accommodate the existing utility lines.3. Per Sec. 27-460(c)(2) Side yard, interior: Not less than ten feet between any building andany property line. This includes garages and carports that are adjacent to the north andwest property line. All buildings, structures and other uses of land shall conform to thesestandards.Applicant response: The site plan has been modified to remove the garages from thewest and north perimeters. The carports are cantilevered construction, the supports ofwhich are located nine feet inboard of the perimeter curb and; therefore, only the roofencroaches into the required setback, which we believe is allowed.Staff response: Structures may not violate the required setback. The setback foraccessory structures is three feet for any part of the structure regardless of the supportlocations.October 25, 2012

104. Per the multi-family residential design guidelines within the City-Wide Master Plan, tothe maximum extent feasible, garages entries, carports and parking areas, and parkingstructures shall be internalized in building groupings or oriented away from the arterial orcollector street frontage. All of the parking, excluding in-unit garages, is along theperimeter of the development. North 110th Street and Delaware Parkway are arterials andcollectors. This design does not conform to the Master Plan.Applicant Response: The multi-family residential design guidelines include a number ofrecommendations and suggestions regarding site design. We have attempted to arrangethe site plan to largely be in conformance with the suggestions and recommendationsfound in IV.A.3, 4, 5 and 6, as well as the recommendations contained in IV.B.1 and 2.The primary site design concept is to orient the buildings within the development towarda pedestrian friendly central open space which contains several community amenities andwhich uses these amenities and open spaces to provide adequate separation between thebuildings and the assigned open spaces for the residents of those buildings to promote asense of community while preserving individual privacy and maximum separation fromvehicular parking areas. The parking areas on the perimeter of the site also provide aseparation from the major thoroughfares that abut the property on the east and proposedon the south. These parking lots, as well as those on the west and north, are designed tominimize the size and extent of the parking fields to just contain that parking needed bythe residents of each of the buildings while keeping that parking in close proximity toeach of those buildings. Guest parking is limited to the two narrow drives where parallelparking is designated which provides convenient and handy pedestrian access to all of thebuildings’ primary entrances as well as locating these guest drives to minimize day-todayvehicular use by residents thereby minimizing interference with internal pedestriancirculation. The goal is to separate vehicular and pedestrian internal circulation topromote pedestrian circulation between the buildings and the on-site amenities. The siteplan contemplates the possibility of expanding related development to the north and tothe west. Should such expansion occur, the existing parking fields on the west and northmay become part of internal parking fields that will Change of Zone Petition #3042 and#MP-2012-10 serve to define and separate distinct neighborhoods of clustereddevelopment. The common open space at the north central part of the site is envisioned asOctober 25, 2012

the south end of a common open space that will be used as a natural drainageway andpedestrian circulation to future development on that north parcel.11Staff response: We need to remember the same firm wrote the guidelines and indicatedthat they were very good and worthy of being adopted and now indicates they can beignored. The following paragraphs highlight some of NSPJ’s recommendations.Last year, August 25, 2011, 500 acres west of this development were approved for amaster plan amendment (#MP-2011-1) that had its own multi-family design guidelinesand standards. Those standards include:• Ensure that buildings relate appropriately to surrounding developments and streetsand create a cohesive visual identity for the neighborhood and attractive streetscene;• Promote efficient style layout in terms of vehicular and pedestrian circulationpatterns.• Ensure occupants’ privacy through careful sitting of buildings within a multifamilydevelopment (e.g. address sightline of window to window in adjacentbuildings, limit buildings’ primary orientation to parking lots).• To the maximum extent feasible, garage entries, carports, parking areas, andparking structures shall be internalized in building groupings or oriented awayfrom street frontage.• Parking areas and freestanding parking structures (detached garages or carports)shall not occupy more than fifty percent of each perimeter public street frontage.• Individual buildings within a multi-family development may be oriented to:oTo the maximum extent practicable, buildings should be oriented orarranged in a manner to enclose required common open spaces.October 25, 2012

12oPrimary perimeter streets, including thoroughfares or boundaries.Applicant Response: The Design Guidelines referenced above contain a large number ofrecommendations not included in the comments just above. The two bulleted statementsabove are somewhat contradictory. We chose to more closely follow the first bullet pointrecommendation rather than the second for reasons stated above in an earlier response.Staff Comment Continued: These guidelines and standards are a mere snapshot of whatwas approved with that master plan amendment and staff has been directed to incorporatethose standards into the City Code. Those multi-family developments will be brought tothe street edge, have amenities that are centered within the development, parking layoutand have pedestrian connections to commercial land uses, including, but not Change ofZone Petition #3042 and #MP-2012-10 limited to retail shopping centers, officebuildings, restaurants, or personal service establishments. Those guidelines should beincorporated into the Legends Apartments because of its close proximity to Piper Plaza,Plaza at the Speedway, the Legends, and office buildings.This site should be designed to include TND principles that are currently not included inthis development. The buildings should be moved towards North 110th Street andDelaware Parkway. This is a more efficient use of the land and the site will be morewalkable. Placing the units around the perimeter of the site will put more than half of theresidents within 2,000 feet from the front door of the Legends, which include Yardhouse,Jazz and other retail businesses and restaurants. Furthermore, those residents will becloser to Target, JCPenney and the T-Bones baseball stadium. That is a more walkabledistance than under the current configuration. Utilizing a TND site plan would place mostof the units closer to the Legends than any current units.Applicant Response: Moving the buildings closer to the streets would only increasewalkability by about 50-100’ while the distance to most of the nearby retail is 2000’ orgreater. We are looking at a 2%-5% increase in walkability, which we do not believe issignificant. Our proposed site plan includes a pedestrian link from our internal pedestriancirculation to the public walk/trail proposed for Delaware Parkway and 110th Street. Thislink is located at the SE corner of our development at the intersection of DelawareParkway and 110th Street. This is likely the only location for a traffic signal controlOctober 25, 2012

13which would facilitate pedestrian access to the east existing developments referred toabove. Additionally, though TND principles may be generally desirable when linkage toother TND neighborhoods is possible, that is not the present case here. All the existingsurrounding development to the east is more characteristically described as “highwaycommercial” in its design. 110th Street is located within a 200’ wide ROW and will begenerally 10’ to 12’ lower in elevation than our adjacent property. Delaware Parkway isenvisioned as a major median divided vehicular east-west route. Likewise this is notconducive to TND design principles. Neither of these streets is envisioned to incorporateon-street parking or other traffic calming design principles necessary and conducive toTND design concepts.Staff response: Staff offered several solutions to the problems with TND the applicantlists above to no avail. However, the one mitigating factor in favor of the applicant is theextreme high quality of this project that is beyond what was envisioned previously forthis area. That said, it will virtually eliminate any future arguments in favor of traditionalneighborhood design (which NSPJ indicated was appropriate east of their previouslyproposed apartment projects). The Master Plan also indicates future apartmentdevelopment should be done in a TND fashion. It is being done a few miles to the southalong 87th Street west of I-435. It is unfortunate the applicant will not conform to theMaster Plan or a more workable design.5. Per the City-Wide Master Plan, the maximum length of a multi-family residentialbuilding shall be 200 feet. The units are between 216 – 242 feet in length. The applicantrequests a variance to this requirement. Given the quality of the project and larger overallmass and quality articulation, the request is reasonable and should be approved.6. All overstory trees shall be at least 4” caliper when planted. All ornamental trees shall beat least 2” caliper when planted. All evergreens shall be at least 6’ when planted. Allshrubs shall be 5 gallons when planted. Acknowledged by applicant.7. All landscaping shall be irrigated. Acknowledged by applicant.8. Landscaping is required to screen all parking areas and service entries. This includes thetrash enclosure.All trash receptacles shall be enclosed with a screening wall or fence constructed of thesame materials as the primary structure. The screen must be a minimum of six feet inOctober 25, 2012

height on all sides and designed with the gate facing away from streets or adjacent landuses. All screening materials must be well maintained at all times.14While there is a tree to screen the trash enclosure, the doors still face North 110th Street.Applicant response: The plan has been revised to alter the geometry of our NE entrydrive. This will allow landscaping to be placed that can effectively screen the doors fromview.Staff response: This will be verified at final plan and the landscape must provide a fullscreen from the initial planting.9. All utility connections must be screened with landscaping or an architecturally designedscreen wall. All utilities mounted on the wall must be painted to match the building.Rooftop mechanical equipment shall be screened from public view by an architecturalscreen. Acknowledged by applicant.10. Downspouts shall be painted to match the building and recessed into the corners ofbuilding as not to be in plain view of the public. Acknowledged by applicant.11. The building materials are high-quality and durable. The materials being used aresimulated (synthetic) stone veneer, cementations shingle and lap siding, and asphaltcomposition shingles which meet the Multi-Family Design Guidelines.12. It shall be noted that one trash dumpster cannot possibly serve 306 apartment units.Furthermore, while staff understands that the developer wants to shield residents from thedumpster by placing the enclosure on the eastern perimeter, there needs to be anotherdumpster that serves the other half of the complex.While this development is of high-quality with its building materials, architecture, and on-siteamenities, it is good, not best. We, as a community, need to decide Change of Zone Petition#3042 and #MP-2012-10 whether we want good or best, according to our City-Wide MasterPlan. There are numerous issues, pertaining to the building placement/orientation, the electricaleasement, stormwater and stormwater treatment that have not been resolved and need to beredesigned.October 25, 2012

15Update: This issue is extensively discussed above.It is ironic that the City approved a Master Plan prepared by the same architect as this applicationwhere it was presumed the TND style development on the eastern portion of that developmentwould continue to the east and now we have what amounts to a very high quality suburban-styleapartment complex proposed. This is a dilemma.Applicant response: The TND component of the referred Master Plan was envisioned assomething that could be internalized and stand alone or, if 118th Street were improved as acomponent conducive to TND design concepts, possibly extended eastward across 118th Street.The existing developments to the north along Parallel and east across 110th Street are allcharacteristic of highway commercial development and separated from the subject tract byvehicular thoroughfares designed to carry large volumes of traffic efficiently. In our view, thisexisting development pattern is not conducive to successful TND development. We hope that ahigh quality “suburban style” multi-family development would be viewed as compatible withand provide valuable customer support to the existing commercial development already in placeon these adjacent tracts.Staff response: The style of development is something one can always argue should start at adifferent point on someone else’s project, but the fact of the matter is every time we say it isokay not to follow the better design principles we come closer to assuring that we will be likemost other suburban areas without unique defining features to lure people beyond Village West.No doubt people will move into these units. That is not the point. We have the rare opportunityto further set ourselves apart from the mundane Johnson County development patterns.Public Works CommentsNote: Revised comments from Bill Heatherman, P.E., County Engineer, dated October 2, 2012.Applicant response will be included where the revised comments do not make them moot.1. Items that require plan revision or additional documentation before engineering canrecommend approval:October 25, 2012

16a. Intersection scope and limits for this project are acceptable. A traffic study is waivedfor this project, but will be required before any other development on the area westof 110th can be approved. Further upgrades to the intersection would be required atthat time.b. Pervious pavement shall not be placed in the drive aisles, even those considered“light” traffic. Pervious pavement in this area is still a Change of Zone Petition#3042 and #MP-2012-10 emerging technology and has only been demonstrated inthis region in parking lots.Applicant response: All driveways within the project area are light traffic areas. No trucktraffic will be directed within the project site. Permeable pavers rated for light traffic situationswill be used. Installation, maintenance, and operation will be per the manufacturer’srecommendations.Staff response: The comment stand and we believe that the applicant has now made thismodification, but it will be reviewed at final plan.C) The problems with lack of complete internal circulation on the site remain. An accessaisle shall be provided along the north perimeter of the site to connect the parking lotsserving Building #6 and #1 – the alignment of which would go through the area currentlymarked for Detention Pond A.D) A right turn lane for southbound 110th traffic to turn right onto Delaware is not requiredwith this improvement, but shall be shown in the plans as future with 100’ minimumstorage and appropriate taper. All current sidewalk and other improvements at theintersection will be set back to minimize rework when it is built.E) The geometry shown for the reconfigured entry drive on 110th at the NE corner (oppositeJC Penny’s drive) is better than previously. You may show it on the plans as a “possiblefuture access point, subject to further study” and design the rest of the improvementsaccordingly. However, it is still questionable whether any general access at all from thatlocation is prudent, and that question can only be answered in the traffic study that willcome later. Therefore, the entrance is not allowed to be constructed.October 25, 2012

17D) We still have numerous questions and concerns about the detention proposed on this site.A face-to-face meeting with the designer is needed to clarify, and then a revisedstormwater study and drainage plan will be needed. Specific remaining concerns include:1) It appears from the existing and proposed drainage area maps that drainage area isbeing transferred from areas 1, 3 and 5 into basin 2, which increase in size from5.49 acres to 10.03 acres. Such transfers are not allowed when the offsitereceiving channel is not the same, unless for compelling reason and withconsideration of any downstream impacts.2) The need for each basin must be calculated and checked separately. It is notcorrect to list and tally the total of all basins as shown in Table 2.5 of thepreliminary study.3) The description and plans for detention of Basin 2 are inconsistent. The text onpage 8 of the revised report says that detention is by a series of the two wet pondsin the center of the site and the extended detention wetland offsite to the north atParallel. The plans still show a “Detention Basin A” in the northern-center of thesite, along with designations “B” and “C” for the two center basins. In meetingswith applicant, we were told that the center basins are no longer detention basins.Please clarify.4) In addition, the implication that detention in Basin 2 is provided through a seriesof smaller basins working in unison may be a problem. The volumes needed toachieve particular peak flow attenuation in these circumstances cannot beestimated from the Short-Cut method, nor can simple addition of total volumes asshown in Table 2.5 of the Preliminary Stormwater Report predict acceptability. Apreliminary hydrograph analyses is required for those areas.5) The post-development area of Sub-basin 1 must match the pre-development area,and detention must be provided at the outlet. Storage volume in the aggregatevoid space of a proposed BMP (the pervious pavement) is not allowed. Off-siteOctober 25, 2012

detention for this sub-basin will be necessary unless the site layout is revisedaccordingly to accommodate the required detention.186) All areas used for offsite detention, whether permanent or temporary, must beincluded in the current land use application, and applicant must show that theyhave landowner permissions for such use. Whether or not they are intended fortemporary application, they shall be built for permanent durability.7) The off-site detention area shown for extended wet detention on basin 2 appearsto be well-located to act as regional detention for this and the other undevelopedarea, but the long rectangular aspect to Parallel may be unsightly. Applicantshould make the basin more compact and aesthetic. See Urban Planningcomments for more details.8) Currently, the site is likely too small to contain all of their on-site drainage that isrequired for this development. The applicant has submitted a letter from anadjacent property owner giving them permission to use their property for off-sitedrainage. Item H added by Planning.G) Various design criteria from the MARC BMP manual for the proposed stormwaterquality mitigation package (including but not limited to the criteria listed below)seemingly have not been considered and/or are not shown on the plans. Many of thesecriteria may adversely impact the amount of area/space required for the proposed BMPsand/or their value ratings. All areas used for offsite stormwater treatment facilities mustbe included in the current land use application and applicant must show that they havelandowner permissions for such use.2. Items that are conditions of approval (stipulations):a) The County Surveyor makes separate technical review of final plat and submitscomments directly to the preparer of the plat.b) Final plat requires construction drawing review. Because alignment and easementrequirements of roads and sewers may affect the final plat, Engineering Division will notOctober 25, 2012

ecommend approval of the final plat until the construction drawings for publicinfrastructure are approved.19c) ADA ramps shall meet the criteria of the “Proposed Accessibility Guidelines forPedestrian Facilities in the Public Right-of-Way” dated July 26, 2011. The UG hasadopted these criteria for the design of ADA ramps. Each ramp must be designedspecifically for each project. There is no standard detail that will fit all scenarios. A/Equestions shall be directed to Troy Shaw, PE at 573-5411 for assistance.d) Sanitary sewer main on site shall be a “Public Sanitary Sewer.”e) Sanitary sewer main extension design shall require a sanitary sewer design memorandummeeting UG Guidelines.f) Storm water detention and stormwater treatment is required by ordinance.g) Water main into site shall meet all BPU requirements.h) There is still a discrepancy between easement information the applicant has and the plansfor 110th Street. Please contact Bill Heatherman, County Engineer, directly with a copyof title report and summary of other research done so that we can resolve the issue. Pleasealso contact BPU directly to determine what their records show.Applicant response: There is no evidence of an existing easement over the BPU undergroundelectrical line. Efforts are currently underway to have the line potholed to determine the exactlocation and depth of the line (coordinated with BPU). Any relocation or easement requirementswill be finalized during the Final Development Plan process.Staff Response: This is not resolved and must be prior to final plan approval.i) Temporary swales are shown off property. All such swales must be subject to a privateeasement giving the developer the right and obligation to establish and maintain stablevegetation on these swales for as long as they are in use. The agreement shall require thatany erosion or gully formation be dealt with promptly and shall establish a clear singlepoint of contact to address concerns.October 25, 2012

20j) Detention basins must have emergency overflow spillways and engineered downstreamconveyance.3. Comments that are not critical to engineering’s recommendations for this specificsubmittal, but may be helpful in preparing future documents:a) An existing curb inlet is shown in the curb return of Delaware Parkway at theintersection with N. 110th St. and must be relocated.b) Please note that the proposed storm drainage system (storm sewer system, detention basinemergency overflow, etc.) must meet the UG’s freeboard requirements. The minimumrequired freeboard between the 100-year flood hydraulic grade line and the lowestelevation at which water may enter the building is 1.5 feet where flood water is on apaved surface. One foot of freeboard is otherwise required if flood water is not on apaved surface.c) This is confirmation that the revised limits and typical section of Delaware Parkway asshown are acceptable.d) Public Works would have liked to see the curvilinear nature of the 8’ concrete sidewalksremain on Delaware, even if that meant having a portion off right-of-way in a sidewalkeasement. We also endorse the use of curvilinear 10’ concrete sidewalk within the 110thStreet section as part of the street appeal and landscaping – see Urban Planning and LandUse Comments.e) As noted previously, location and placement of native vegetation must be approved byPlanning. Applicant will be responsible for reworking the BMP calculations if theirpreferred species are not approved.Action:Commissioner Kane made a motion, seconded by Commissioner McKiernan,to approve Change of Zone #3042, subject to the stipulations. Roll call wasOctober 25, 2012

taken and there were seven “Ayes,” Cooley, Ellison, Holland, McKiernan,Murguia, Kane, Markley. Commissioner Barnes abstained.21SPECIAL USE PERMIT APPLICATIONSITEM NO. 1 – 110190…SPECIAL USE PERMIT #SP-2012-37 – ANGEL DOMINGUEZSYNOPSIS: Renewal of a special use permit (#SP-2011-37) for a drinking establishment at2418 Park Drive. Under code a drinking establishment is defined as an establishment that willsell more liquor than food. The applicant does not plan on serving any food. The PlanningCommission voted 8 to 0 to recommend approval of Special Use Permit Application #SP-2012-37, subject to:Urban Planning and Land Use CommentsBelow are the stipulations from the past approval and the applicant’s responses. We are askingthe applicant to readdress these issues and give us a written update of how they are complyingwith them.Noise:We plan to avoid any disturbing noise to the neighbors/neighborhood by not allowing discjockeys or bands to perform on the property. We will also keep all exterior doors closed at alltimes. We do believe this will eliminate most disturbing noise that could possibly come from theestablishment.Trash:The steps that will be implemented from day one will include at closing time any person who isworking at the establishment that evening, including but not limited to, owner, security officers,and bartenders will all take a walk around the outside perimeter of property to make sure any andall litter has been cleaned up. Also, owner or any person employed at the establishment whoopens will prior to opening business for that day take a second look around the outside and cleanany and all missed litter within 200' of establishment that could have possibly came fromestablishment or someone who might have attended the establishment the prior business day.Security:Champs Sports Club will implement the use of an off-duty police officer on the weekends and/orany type of big sporting event that might attract more than normal attendees. We also willimplement a security officer on the weekdays. We do not intend or will put up with anyimmature or foolish behavior and at any point of time. If we see any type of this behavior it willbe eliminated and asked not to be brought back into the facility.October 25, 2012

22Public Work Comments:1. Items that require plan revision or additional documentation before engineering canrecommend approval: None.2. Items that are conditions of approval (stipulations): None.3. Comments that are not critical to engineering’s recommendations for this specificsubmittal, but may be helpful in preparing future documents: None.Approval is for two years.Action:Commissioner Kane made a motion, seconded by Commissioner McKiernan,to approve Special Use Permit #SP-2012-37 for two years, subject to thestipulations. Roll call was taken and there were seven “Ayes,” Cooley, Ellison,Holland, McKiernan, Murguia, Kane, Markley.ITEM NO. 2 – 120274…SPECIAL USE PERMIT #SP-2012-38 – PEARL A. KINGSYNOPSIS: Special use permit for live entertainment at 1314 Quindaro Boulevard. Theapplicant wants to have entertainment four nights a week, catering, and alcohol on the premise ofan existing restaurant/banquet hall (Neferriti Restaurant and Banquet Hall). The entertainmentproposed by the applicant will be a mixture of theater, comedy club and variety show. ThePlanning Commission voted 8 to 0 to recommend approval of Special Use Permit Application#SP-2012-38, subject to:Urban Planning and Land Use Comments1. On behalf of the applicant, the representative, Pearl King has stated that the restaurant isopen from Sunday through Friday, 3:00 p.m. to 9:00 p.m.On nights when entertainment is scheduled, the hours of operation will be 3:00 p.m. to11:00 p.m., with food and alcohol ending one hour prior to closing. Entertainment will bescheduled up to four nights a week, Sunday, Monday, Wednesday and Friday. Initially,the applicant plans to feature entertainment one night a week until business becomesestablished. Saturday will be kept exclusively for banquet hall rental and the restaurantwould be closed to the public. Catering services will be available to those customersrenting the banquet hall.October 25, 2012

233. The parking spaces depicted on the site plan do not meet the parking stall regulations.The dimension of a parking stall is 9’ x 18’, not 8’ x 18’ as shown on the site plan. Theparking lot is short about 10 spaces. Please revise the site plan using the correctdimensions.Staff Response: The representative revised the site plan.3. The parking agreement between Nefertiti and Antioch Baptist Church needs to besubmitted to staff.Staff Response: Previous parking calculations indicated the need for 75 parking spaces.The applicant has the following parking agreements and on-site parking totaling 84 spaces:• Family Dollar – 12 spaces• Don’s Sewing – 6 spaces• Bread of Life Outreach (2510 Nebraska Avenue) – 13 spaces• On-Site – 53 spaces4. The parking lot needs to be restriped prior to the activity commencing.5. How is security being handled?Staff Response: The applicant, Mr. Walters, stated that he will hire two off-duty KCK policeofficers, one inside and one outside. Additional officers will be utilized when large attendancewarrants such. At this current moment, a security agreement/contact has not been entered into.Staff stipulates that before the applicant can have any events on the premise, two off-duty policeofficers are hired for on-site security. Their names and a copy of the agreement must besubmitted to staff.Public Works CommentsNo comments.The representative, Pearl King, has received a warranty deed from the owners of Nefertiti topurchase the west portion of the Antioch Baptist Church at 1318 Quindaro. The document hasOctober 25, 2012

een filed and recorded, thus, there is now enough parking, with the parking agreements for theestablishment to have live entertainment.24Approval is for two years.Action:Commissioner Kane made a motion, seconded by Commissioner McKiernan,to approve Special Use Permit #SP-2012-38, for two years, subject to thestipulations. Roll call was taken and there were seven “Ayes,” Cooley, Ellison,Holland, McKiernan, Murguia, Kane, Markley. Commissioner Barnesabstained.ITEM NO. 3 – 120275...SPECIAL USE PERMIT #SP-2012-41 – DALLAS WOLFE WITHBIG D’S ON THE HILLSYNOPSIS: Renewal of a special use permit (#SP-2010-44) for live entertainment at 2139South 34th Street. The Planning Commission voted 8 to 0 to recommend approval of SpecialUse Permit Application #SP-2012-41, subject to:Urban Planning and Land Use Comments1. All live entertainment shall be enclosed within the building. Doors shall remain closed atall times.2. Is the DJ still providing music, and if so, how often and at what time?Applicant Response: Entertainment is on Friday and Saturday from 9:00 PM to 1:00AM.3. What are your current hours of operation?Applicant Response: We operate Big D’s on the Hill from 10:00 AM to 2:00 AM, sevendays a week.4. Sine you have been in operation for three years, how many customers have you averagedon Friday and Saturday nights?Staff Response: The applicant did not respond to this question.Public Works CommentsNo comments.October 25, 2012

25This is the second renewal for the special use permit. Staff has not received any phone calls orletters opposing this petition. Staff supports this petition, keeping in mind that if there are anyissues, alcohol related or not, the permit may be brought back before the Unified GovernmentBoard of Commissioners for revocation.Approval is for two years.Action:Commissioner Kane made a motion, seconded by Commissioner McKiernan,to approve Special Use Permit #SP-2012-41 for two years, subject to thestipulations. Roll call was taken and there were seven “Ayes,” Cooley, Ellison,Holland, McKiernan, Murguia, Kane, Markley. Commissioner Barnesabstained.ITEM NO. 4 – 120276...SPECIAL USE PERMIT #SP-2012-42– FAIRFAX INDUSTRIALASSOCIATION, INC.SYNOPSIS: Special Use Permit for a banner program in Fairfax at 3250 Brinkerhoff Road.The applicant is proposing to hang between 24 – 30 colorful banners throughout the FairfaxIndustrial District. The banners are for promotional and aesthetic purposes. They will bedisplayed and subsequently replaced every two years to maintain an optimal appearance. ThePlanning Commission voted 8 to 0 to recommend approval of Special Use Permit Application#SP-2012-42, subject to:Urban Planning and Land Use Comments1. Subject to approval, the special use permit will be valid for two years.2. Is there a membership fee?Applicant Response: Yes, there is a fee for membership in the Fairfax Industrial Association(FIA). FIA is leading the banner effort. Depending on the size of the company, fees range from$100 to $775. Membership is good for 12 months. Membership fees are set by the FIA Board inNovember or December of each year for the coming year.3. How much does each banner cost? Is there a maximum each business may have?Applicant Response: Businesses can support the association and not have their business logoincluded on the banner for $250. To include a business logo on the banner, it costs $375. PricesOctober 25, 2012

were set by a vote of the FIA Board at our September meeting. Anyone can attend our boardmeetings.26At the September 2012 FIA Board meeting, the Board voted to restrict businesses to one bannerinitially. Additional banners may be purchased by the same business once it is determined thatsufficient time has been allowed for businesses to purchase a banner. We are considering a threeor four week window for the initial offering.To make the banner program viable long term, the Fairfax Industrial Association (FIA) proposesto sell space on banners for corporate logos. This will make the program viable for the long term.The issue is that the banners are technically off-site advertising, thus the need for a special usepermit. The program should be administered according to the following rules proposed by FIA:1. Be a member in good standing with the Fairfax Industrial Association, Inc.2. Must have a print-ready logo.3. Must fill out an application.4. FIA Board members will receive first choice on locations; then, locations are on a firstcome, first serve basis.5. Sponsoring businesses will receive banner at the end of the two-year cycle.Public Works CommentsNo commentsAction:Commissioner Kane made a motion, seconded by Commissioner McKiernan,to approve Special Use Permit #SP-2012-42 for two years, subject to thestipulations. Roll call was taken and there were seven “Ayes,” Cooley, Ellison,Holland, McKiernan, Murguia, Kane, Markley. Commissioner Barnes abstained.ITEM NO. 5 – 120277…SPECIAL USE PERMIT #SP-2012-49 – DOUG LARSON FORWEST BOTTOM STEAKS AND CHOPS LLCSYNOPSIS: Renewal of a special use permit (#SP-2010-21) for a drinkingestablishment/restaurant (50%) food with live entertainment at 16 North James Street. TheOctober 25, 2012

27Planning Commission voted 8 to 0 to recommend approval of Special Use Permit Application#SP-2012-49, subject to:Urban Planning and Land Use Comments:1. Please describe how on and off-site outdoor clean-up will be addressed.Applicant Response: There are intensive policing duties by personnel to insure that theentire area is cleaned up daily as needed.Staff Response: After every event, personnel shall patrol the property and pick up anytrash and/or debris to keep the area clean.2. Please describe security, both on and off-site and how your security plan complies withall relevant city codes. The description should also describe how large crowds leaving atone time will be addressed both in terms of crowd and traffic control.Applicant Response: Both on and off-site security personnel will be in accordance withthe Unified Government ordinances on live entertainment; however, it is anticipated thatadditional security will be involved as needed. The issue of how to control large crowdshas not been a factor for several years. Nevertheless, the success of West Bottom Steakand Chops LLC will rely on professional crowd control if the business is lucky enough tohave any type of crowd. There would be (six) obviously be security and crowd controlpersonnel, in that event, on both the inside and outside of the building near the streets orparking lots to ensure patron and traffic safety.Staff Response: The only reason crowds have not been an issue is that the facility hasbeen closed. The applicant must describe and present a plan for Staff approval prior to theSUP becoming effective.3. As part of the Development Review Committee (DRC) submittal for the interior remodeland addition, two items have not been addressed:a. Planning will not release for a building permit until Lot C has obtained a buildingpermit for the parking that was constructed without a permit.b. Please provide copies of the filed and recorded parking agreements.October 25, 2012

284. Further, please provide current parking agreements and evidence that are still in place. Ifthe parking behind the business is to be used, a building permit for that lot must beobtained prior to staff support of this application. If at any time the terms related to theapproval of the shared parking agreement are violated or if some of that parking is notavailable, the special use permit shall cease and operation of the facility shall cease untila new shared parking agreement is approved.Staff Response:A building permit has not been obtained. Staff has received parkingagreements for 16 North James Street with the following properties:• 41 Lyon Avenue• 26 North James Street• 72 Central Avenue• 73 Central Avenue5. Although a renewal, it should be reiterated that this application is for the building at 16North James Street and includes only the first and second floors of the stated address. Thethird floor (the half story above the second floor) is to remain blocked and unused at alltimes as there is insufficient parking for the additional floor area. Further, the third floorhas not been inspected for use by Fire or Building Inspection. This permit does notinclude 12 North James Street.Applicant Response: The third floor will remain blocked and unused at all times.Staff Response: The applicant must describe how this will be answered. Previouscommitments were hollow and ignored. The previous operator ignored this requirementand it lead to a criminal conviction. Applicant must present plan for third partyverification of the door to the third floor remaining closed.Public Works CommentsNo comments.October 25, 2012

29Staff has received notarized copies of parking agreements, as stated above. Staff stipulates thatbefore any continued use of live entertainment occurs, the following must be submitted toPlanning staff:A copy of the building permit for the parking lot that was built without building permits, Lot C.Rob Richardson, Director of Urban Planning & Land Use, stated staff asked that this be setasideto add a stipulation that would require the applicant to provide evidence to staff that theformer proprietor of this establishment and landowner is no longer involved in this due to certainactivities that went on there previously. With that additional stipulation, if it would be yourpleasure, we would support the case being approved this evening.John Ivan, Attorney, appeared stating I represent Mr. Boulware who is also a petitioner. Weagree with this stipulation. The former owner is not involved with this and Polsinelli & Shugartoriginally applied for this and behalf of the people who are going to close on the building andland and the whole business and everything. I understand that Rob is concerned and I certainlyagree with the stipulation and we’ll provide all the necessary information and evidence. Whathappened was the building and land got foreclosed after I was here last time in October 2010 soit’s never been opened. We are trying to get it up to the point that this closing and sale can takeplace and it’s a substantial sale.Mayor Pro-Tem Mendez opened the public hearing.No one appeared in support of #SP-20120-49.No one appeared in opposition to #SP-2012-49.Mayor Pro-Tem Mendez closed the public hearing.Action:Commissioner Kane made a motion, seconded by Commissioner Ellison, toapprove Special Use Permit #SP-2012-49 for two years, subject to thestipulations. Roll call was taken and there were seven “Ayes,” Cooley, Ellison,October 25, 2012

Holland, Mendez, McKiernan, Murguia, Kane, Markley. (Commissioner Barnescall had been dropped and was not available to vote.)30MASTER PLAN AMENDMENTSITEM NO. 1 – 120272…MASTER PLAN AMENDMENT #MP-2012-6 – TYLER OLIVERWITH HODG I, LLCSYNOPSIS: Master Plan Amendment from Business Park to Community Commercial at 4505Metropolitan Avenue.Action: This was heard with Change of Zone #3037.ITEM NO. 2 – 120273...MASTER PLAN AMENDMENT #MP-2012-10– NATHANIELHAGEDORN WITH NORTHPOINT DEVELOPMENT LLCSYNOPSIS: Master Plan Amendment from Planned Mixed Business Park/Commercial (PrairieDelaware Piper Master Plan) to High Density Residential (City Wide Master Plan) at 11501Parallel Parkway.Action: This item was heard with Change of Zone Petition #3042.PLANNING AND ZONING NON-CONSENT AGENDASPECIAL USE PERMIT APPLICATIONITEM NO. 1 – 110060…SPECIAL USE PERMIT #SP-2011-14 – DENNIS HARRIS FORWYANDOTTE COUNTY FAIR ASSOCIATIONSYNOPSIS: Rehearing of a special use permit for the Wyandotte County Fairgrounds at 5701North 139th Street. The County Fair Foundation is replacing the Wyandotte County Fairground.The four phase project will include an exhibit hall in phase one, a trap range, pavilion and warmupfacilities in phase two, phase three will include a historic village, sidewalks and shelters, andPhase 4 will include a RV campground and a multi-purpose arena. The Planning Commissionvoted 5 to 4 to recommend approval of Special Use Permit Application #SP-2011-14, subject to:1. Limit of ten events per year.October 25, 2012

2. Five trap stations are approved. If they want more trap stations, they will have to comeback before the Board of Commissioners.3. Rifle caliber should be what is commonly used for deer hunting and the black powderwill be 50 caliber or less.4. Fair will police the entry road and Polfer Road after each event for trash.5. Pistol and rifle will be by appointment only.6. Shooting will end by 9:00 p.m.7. Shooting range will be open three days a week except for the events outlined in theirpresentation.8. Mud runs will be completed by 9:00 p.m.9. The stipulations from the first hearing are including in this approval:Urban Planning & Land Use Comments1. The Kansas Department of Transportation has indicated they will not issue a permit foraccess to K-7 as indicated on the plans.2. Please explain the following:a. Impact of sound on adjacent neighborsb. Fall zone of shotc. Hours of operationd. Additional landscape measures taken to soften impacts3. Many aspects of this application do not meet the Overlay Zone criteria. Staff isprocessing the request with the assumption that the applicant is requesting the necessaryexceptions to the Overlay Zone that may be granted by the City Planning Commission. Itis possible that the campground area will need actual variances to setbacks that must beheard by the Board of Zoning Appeals.4. Please provide a row of trees along the right-of-way (west entry road) off Polfer Road toscreen/buffer the existing home.5. Staff assumes the architecture and buildings will be of a similar quality to the recentlyconstructed Water One facility toured by staff and fair representatives. It appears as ifonly the entry areas of the exhibit hall will have a masonry wainscot. Is it possible to addmasonry elements to the north and east facades? Will the entry area and the exhibit hallreally be different colors? The colored renderings likely do not do the colors justice.October 25, 201231

32Please explain. Additionally, any buildings, structures, or activity areas that are not fullydetailed in this plan will need to go back before the City Planning Commission as a FinalPlan Review.Update: Following the response from the applicant, staff has the following comments:a. The fieldstone cap trim of the exhibit hall should be changed to charcoal grey.Architecturally, the fieldstone color may appear to be a ring of rock around thetop of a metal buildingb. A wainscot of stone should be used on the exhibit hall and multipurpose arena.c. The metal buildings are a significant variance to the Overlay Zone. The previousapproval of the Water One facility included stone wainscot and accents in lieu ofrequiring the building to meet the Overlay Zone standards. The same standardshould be applied here.6. Lighting may not exceed one foot candle at the property line. Typically, cut-off lightfixtures are required to reduce glare onto adjacent properties.7. Please explain the meaning of agriculture industry on the site plan. It would appear thatparticular area would need a separate application. What impact will KDOT’s denial ofaccess have on this area?Update: This portion of the facility must be further defined by an amendment to thisspecial use permit at such time as the applicant can give greater details as to the natureand impacts of the facility.8. Please explain the following concerning the campground:a. Portions of the campground have very little setback. Please explain the actualpaving and building setbacks.b. Please explain the typical campground pad site as far as pad material andamenities at each site.Update: The applicant did not address setback issues. The RV area and related facilitiesshould be setback at least to the southern edge on the double row of trees shown on thelandscape plan. In any case, the setback shall not be less than 50 feet. The underlyingzoning setback for this type of use would be 100 feet.9. Paving with the exception of the exhibit hall parking will be asphalt millings with a geogrid.The exhibit hall lot will be paved asphalt. The entry road in public right-of-wayshould be built to public standards or vacate the right-of-way. In any case, if millings areOctober 25, 2012

33approved by the County Engineer, at a minimum, the first 200’ of any entry drive shouldbe completely paved. Additionally, any drive used for daily access should be paved percity code. In the future, parking to accommodate non-fair arena events must be paved.Update: The staff understands the applicant’s concern. Unfortunately, with no timetablefor construction of the final configuration, the daily use entry road will need to be paved.All drives within public right-of-way must be constructed to city standards per code.10. Sanitary sewer is provided to a tank. It is assumed that the UG will pump the tank asnecessary.11. The northern property line of the campground area should be intensely landscaped.12. Please explain woodland sports.13. Cross country courses are typically much larger than the area marked on the site plan.14. We assume the Park Board will maintain the areas labeled community pocket park.Update: The operation of the park areas must be operated by the Fair Board or have anarrangement with the Parks Department.15. Is the sign LED or changeable letters? If it is LED, additional applications are necessary.Staff is concerned that the letters of the changeable message area will be too small to beread from K-7. The letters appear to be about 4 inches tall.16. The trap shooting area should be a limited operation of five permanent stations. Afterone year from the date of the first trap event, public sentiment will be evaluated by staff.Provided that the noise impact is minimal, the remainder of the stations would beallowed. If it appears to be controversial, the issue will be forwarded to the Board ofCommissioners for final determination.17. Any temporary road must be dust-free including any current graveled surfaces.Public Works Comments1. Items that require plan revision or additional documentation before Engineering canrecommend approval:a. Proposed entrance along K-7 will require KDOT approval.b. Road construction proposed occurs on adjacent property.c. Stormwater treatment is required per UG ordinance, including “hotspots” (animalwaste storage and trailer waste dump area).d. Co-application needed for improvements on Wyandotte County land.October 25, 2012

342. Items that are conditions of approval (stipulations): holding tank proposed for sanitarysewage requires approval by County Health Department.3. Comments that are not critical to Engineering’s recommendations for this specificsubmittal, but may be helpful in preparing future documents: none.In a letter dated March 2, 2011, from Philip D. Gibbs, Jr., Vice-President, ContinentalConsulting Engineers, Inc., it states:In response to your questions contained within the Draft Staff Report, we have prepared thefollowing responses:Total Tract Size: 109 Acres+/- (IS THIS CORRECT OR DOES THE LEASED AREA NEEDTO BE ADDED?)Response: We are seeking a special use permit on both properties to account for use of themboth. Thus the total tract is 109.57 acres owned by County Fair Foundation plus the 44.72 acresto be leased from the Unified Government.Urban Planning and Land Use Comments1. The Kansas Department of Transportation has indicated they will not issue a permit foraccess to K-7 as indicated on the plans.Response: The Special Event Entry onto K-7 was shown with the intent to apply toKDOT prior to large events for a right-in/right-out access point. It is apparent from theletters received from KDOT and the City of Leavenworth that they oppose permitting ofthis Special Event Entry. We have revised our plan to eliminate this access point and thusthe property will utilize two access points from Polfer Road in the near future and accessfrom the K-7 Frontage Road in the distant future.2. Please explain the following:a. Impact of sound on adjacent neighborsOctober 25, 2012

35Response: Acoustical Design Group Inc. was hired to perform an analysis of theproposed shooting sports area of the fairgrounds site. Real-life sound measurementswere taken from a 12-gauge shotgun at differing distances and locations in relation to themuzzle. The measurements were then put into their sound calculations to estimate soundlevels at adjacent properties. The result was that at residences located over 1,350 feetsouth of the shooting sports area, the sound level of a shotgun would be approximately 59dB(A), which is less than the sound made by a car passing along Polfer Road and belowtypical residential noise ordinance limits. Ambient sound levels at Polfer Road weretaken by Acoustical Design Group Inc. with the average existing sound level being 66dB(A). The calculated 59 dB(A) did not figure into the calculation the noise reductionthat would be provided by the proposed arena building or other buildings on the site and,more importantly, it did not account for the 6-8 foot embankment behind the shootingstands that was purposely constructed to shield the sound.b. Fall zone of shotResponse: The industry standard for a safety zone that accounts for fall distance of targetload shotgun pellets with a safety factor included is a distance of 300 yards or 900 feet.Sources indicate that the majority of shot pellets actually land between 375 to 600 feetfrom the shooter. The shooting stations have been placed at least 900 feet from the Northproperty line. In addition, the multi-sport fields for Trap, Skeet and 5-Stand Shootinggames are proposed as the center 3 fields. This is to account for the varied angles thatthose games present and insures a safety zone distance of 900 feet is available forshooting in any angle.c. Hours of operationResponse: The most likely competing shotgun sports facility is Powder Creek ShootingPark located in Lenexa, Kansas. They are currently operating under winter hours of 10a.m. to 5 p.m. When the weather warms, Powder Creek has in past years opened at 9-10a.m. and had at least 3 evenings per week that they offer shooting until 9-10 p.m. underlighted fields, those being the evenings of Tuesday, Thursday and Friday. It will beimportant that this facility operate regular, convenient hours for local shooters in order togenerate revenue to keep the facilities competitive and successful.d. Additional landscape measures taken to soften impacts.Response: As mentioned above, a 6-8 foot embankment was graded directly behindthe shooting sports area to improve the sound attenuation of the project for residents toOctober 25, 2012

36the South. As requested at the first neighborhood meeting, mass grading of the propertyincluded construction of a berm along the fairgrounds southern property edge mainly forvisual attenuation, but is likely to have some sound attenuation. Trees are being proposedalong the northern property boundary and a large mass of existing trees will remain alongthe western side of the shooting sports area.3. Many aspects of this application do not meet the Overlay Zone criteria. Staff isprocessing the request with the assumption that the applicant is requesting the necessaryexceptions to the Overlay Zone that may be granted by the City Planning Commission. Itis possible that the campground area will need actual variances to setbacks that must beheard by the Board of Zoning Appeals.October 25, 2012

37Response: We welcome your input and yes, we are requesting the necessary exceptions tothe Overlay Zone so that the Fairgrounds will have a more rural and less formalappearance. The guest experience we wish to portray is more of features found on acountry farm rather than what customer’s expect in commercial development and thusrequest the appropriate exceptions to fulfill the vision.4. Please provide a row of trees along the right-of-way (west entry road) off Polfer Road toscreen/buffer the existing home.Response: We have revised the plans to include planting of trees on both sides of theWest Entry Road.5. Staff assumes the architecture and buildings will be of a similar quality to the recentlyconstructed Water One facility toured by staff and fair representatives. It appears as ifonly the entry areas of the exhibit hall will have a masonry wainscot. Is it possible to addmasonry elements to the north and east facades? Will the entry area and the exhibit hallreally be different colors? The colored renderings likely do not do the colors justice.Please explain. Additionally, any buildings, structures, or activity areas that are not fullydetailed in this plan will need to go back before the City Planning Commission as a FinalPlan Review.Response: The intention of the Fair Foundation is to provide a similar look and quality tothe WaterOne facility that is within the budget of the Foundation. In order to develop anarchitectural standard for the whole project, a good deal of discussion on the color anddesign of the buildings continued after the initial architectural submission was made. Thecolor of all the proposed facilities on the property has been decided to be in the CherokeeRed WALLS, Charcoal Gray ROOF, with accents of Field Stone and Polar White. Abetter representation of the actual colors can be viewed on Chief Building’s website atwww.chiefbuildings.com/design/ColorsAndFinishes.htm. The proposed masonrywainscot on the entry portion of the Exposition Building will closely match the colorpalette of Field Stone. Due to budget limitations, the masonry wainscot will be placedonly on the entry area of the Exposition Building along with masonry wrapped columnsat the entryway. A strip in the color Field Stone along the top of the Exposition Buildinghas been added to bring down the apparent height of the building and tie the accent colorstogether. New building renderings have been prepared and are included in thisresubmittal representing the implementation of the project’s architectural standards toeach facility. These include the Exposition Building, three Livestock Pavilions,October 25, 2012

38Warehouse/Maintenance Building and the Multi-purpose Arena Building. The futureArena Building is a long-term item that will take significant fundraising to achieve;however, the architectural design of it will be consistent and complimentary with thefacilities submitted in this Special Use Permit application.ROOF/RIDGECHARCOAL GRAYCORNERTRIMPOLARWHITEWALLSCHEROKEE REDWAINSCOTFIELDSTONEGABLETRIMCHARCOAL GRAYEAVETRIMPOLARWHITEBASETRIMCHEROKEE REDDOORTRIMPOLARWHITE6. Lighting may not exceed one foot candle at the property line. Typically, cut-off lightfixtures are required to reduce glare onto adjacent properties.Response: The photometrics of the proposed site lighting is depicted on Sheet SL-1 of theoriginal submittal. This sheet includes the calculated foot-candle levels at the propertyline around the facility. We do not exceed one foot candle at any point on the propertyline of the SUP area. The only property line where one foot candle is exceeded is on theeast side of the platted right-of-way that we proposed to use for our west entry drive. Onthe resubmittal plans, these particular roadway lights have been flipped to the west sideof the right-of-way to keep the foot candle reading below one on the east right-of-way,which is nearest a residence. We will also review the design with BPU to determine ifthey have a house-side shield that can be placed on those fixtures, but are concerned thatit will be difficult to keep the entry lighted and not exceed the one foot candle on the westright-of-way. The team has approached BPU about the site lighting and the planscurrently show conventional BPU standard fixtures in the submittal including cutoffcobra head luminaries for roadway lighting and BPU standard floodlights for site arealighting. The shooting sports field lights are per design recommendations of the NationalSkeet Shooting Association. We have approached BPU about potentially using highefficiency LED fixtures for roadway and area lighting and that discussion is ongoing atthis time.7. Please explain the meaning of Agriculture Industry on the site plan. It would appear thatparticular area would need a separate application. What impact will KDOT’s denial ofaccess have on this area?October 25, 2012

39Response: The intention of the area labeled Agricultural Industry is reserved for aneducational/vocational operation that could be a program for 4-H students to learn aboutreal world experience in an agricultural related industry. One example would be a facilitythat provided area farmers a place to dispose of hay bales that had set too long and lostnutritional value for livestock. These hay bales would be purchased from the farmers andthen processed into pellets that could be sold to power plants to burn as an alternative tocoal. This operation could function adequately using access to a future frontage road toK-7 in lieu of direct access to K-7.8. Please explain the following concerning the campgrounda. Portions of the campground have very little setback. Please explain the actualpaving and building setbacks.b. Please explain the typical campground pad site as far as pad material andamenities at each site.Response: Details of the campground will follow those found in our research of othersuccessful parks and RV options in the area. The Kansas Speedway typically allots anarea 20’ wide x 45’ long for RV spaces that they rent during race weekends. TheSpeedway has a couple of different rental options for spaces, but the majority of theirsites are simply grass spaces that are marked with white chalk and are located in theinfield of the track, on the rim of the track and in their blue ox campground southeast ofthe proposed Hollywood Casino. Most spaces shown on the proposed Fairgroundscampground are a minimum of 30’ wide x 80’ long, which will allow RVs with pop-outson both sides to be easily accommodated along with green space between the spots.Initial operation of the proposed Fairgrounds campground will likely be no more than theSpeedway’s model of a grass campground operated during the fair event and during therace weekends. Long-term vision for the campground would suggest that upgradedspaces with utility hookups should be provided for at least a portion of the rental spots.RVers like at a minimum, well graded interior gravel roads. Asphalt at sites can beproblematic for RV park managers due to the weight of bigger rigs and the damageleveling legs can do. For that reason, it is not uncommon to find gravel parking pads withconcrete patios, which would be the ultimate goal for this park. The ultimate plan shownon the submission is to have a shower/laundry facility along with a waste dump stationOctober 25, 2012

40and a park manager building. The ultimate utilities to be offered would be water andelectric hook-ups along with the potential to offer Wi-Fi and Cable TV.9. Paving with the exception of the exhibit hall parking will be asphalt millings with a geogrid.The Exhibit Hall lot will be paved asphalt. The entry road in public right-of-wayshould be built to public standards or vacate the right-of-way. In any case, if millings areapproved by the County Engineer at a minimum the first 200’ of any entry drive shouldbe completely paved. Additionally, any drive used for daily access should be paved perCity Code. In the future, parking to accommodate non-fair arena events must be paved.Response: Acknowledged, the plans have been modified to add asphalt paving of thefirst 200’ of both entry drives which connect to Polfer Road. The west entry road willultimately be moved westward when it becomes a frontage road to K-7 and will beconstructed by others to a city standard.10. Sanitary sewer is provided to a tank. It is assumed that the UG will pump the tank asnecessary.Response: Acknowledged, the team had early discussions about the UG providing thepumping of wastewater from tanks.11. The northern property line of the campground area should be intensely landscaped.Response: Acknowledged, we have added proposed trees to the property line north of thefuture campground.12. (Nothing listed in Staff Report for number 12)13. Please explain woodland sports.Response: The intention for the term “woodland sports” includes activities such asarchery, air gun shooting, zip lines, challenge courses, fishing, mushroom hunting, birdwatching and nature watching.14. Cross-country courses are typically much larger than the area marked on the site plan.Response: We would anticipate that a cross country course would utilize most of theproperty in order to have adequate length for an event. The treed area would be the mostchallenging terrain and may have paths that double back on themselves to ascend anddescend the valley. The grass parking areas will also make up parts of the course.15. We assume the Park Board will maintain the areas labeled community pocket park.Response: We would like to have further discussions with the Unified Governmentadministration as to the actual operation of the community pocket park because the FairFoundation would like to be in control of the hours of operation, shelter rental, etc. WeOctober 25, 2012

41understand that the concept of a community pocket park would be well received and planto work on an agreement with the Unified Government that would address this comment.16. Is the sign LED or changeable letters? If it is LED, additional applications are necessary.Staff is concerned that the letters of the changeable message area will be too small to beread from K-7. The letters appear to be about 4 inches tall.Response: A LED sign is the eventual desire of the Fair Foundation in order topromote events going on at the Fair facilities. The size of the proposed sign was selectedin order to meet the zoning requirements, but we are in agreement that it appears to be toosmall for the distance away and speed of traffic on K-7. We would like to work with staffon this issue in order to ultimately construct a sign that would be both informational and aproperty marker for the site.Public Works CommentsItems that require plan revision or additional documentation before Engineering can recommendapproval:1. Proposed entrance along K-7 will require KDOT approval.Response: Acknowledged, the Special Event Entry onto K-7 was shown with the intent toapply to KDOT prior to large events for a right-in/right-out access point. It is apparentfrom the letters received from KDOT and the city of Leavenworth that they opposepermitting of this special event entry. We have revised our plan to eliminate this accesspoint and the property will utilize the access points to Polfer in the near future and accessfrom the K-7 Frontage Road in the distant future.2. Road construction proposed occurs on adjacent property.Response: The roadway labeled “Future” is the proposed K-7 frontage road that woulddevelop when the Polfer Road/K-7 intersection becomes a divided highway scenario witheven greater restricted access. The alignment of the site road was purposely placed toallow for development of this frontage road by others in the distant future withoutimpacting the usefulness of the proposed fairgrounds improvements.3. Stormwater Treatment is required per UG ordinance, including “hotspots” (animal wastestorage and trailer waste dump area).Response: It was the intent of the Wyandotte County Fair Board to expedite grading withknowledge of the October 1, 2010 deadline for projects to be excepted from the stormwater treatment ordinance per Section 8-630(d)(1). The Fair Board bid the project Sept.October 25, 2012

4221, 2010, and paid for the permit on Sept. 27, 2010, for the amount of $4,105. MilesExcavating was awarded the bid and experienced an extremely dry fall last year andcompleted the majority of the cuts and fills made for the mass grading quicker than wewere expecting. Miles Excavating continues to monitor the erosion controls and repairsthem as needed following rainfall events. They have also nearly completed the dormantseason seeding and mulching on the site. When vegetation on the site reaches 70% coverthis Spring, Miles Excavating will be filling the sediment traps and basins as a part oftheir contracted work. This operation will also be contingent on our proposed siteimprovements in Phase I of the fairgrounds and drainage swale work so that the propererosion and sediment controls are in place for each drainage area. We believe that ourproject meets the exception listed in the post construction stormwater treatment ordinancedue to the construction activity at the site. We do, however, plan to utilize vegetatedswales and leave the majority of the property either undisturbed with development and/oras large open lawn areas between the fairground facilities, which are in keeping with theintent of the current ordinance.4. Co-Application needed for improvements on Wyandotte County land.Response: It was our intention that the special use permit applies to both the FairFoundation property and the proposed UG property to the west.5. Items that are conditions of approval (stipulations): holding tank proposed for sanitarysewage requires approval by County Health Department.Response: Acknowledged.6. Comments that are not critical to Engineering’s recommendations for this specificsubmittal, but may be helpful in preparing future documents:NoneCarol Godsil, Deputy UG Clerk, stated Mayor Pro-Tem before we hear from the applicant, Ibelieve the Legal Department has something to say and then I would like to say something afterher remarks.Delia York, Deputy Chief Legal Counsel, stated this application for a special use permit hasbeen before you once before in March 2011, if you recall. There were some proceduralnotifications problem that created the need for new notices and a new public hearing. Youshould be mindful tonight that you need to listen to all of the evidence presented during theOctober 25, 2012

43hearing including testimony and Planning staff’s recommendations in light of the golden factorsthat are listed in your staff report. Please make reasonable decisions therefrom. There was aprotest petition filed by nearby residents on September 20 and on September 27, a regularlyscheduled Commission meeting, this application was held over for further review of that protestpetition. It has been determined that protest petition is not valid. Accordingly, the optionsavailable to you this evening are as follows: 1) You can vote to send this item back to thePlanning Commission with a recommendation. There are six votes necessary. 2) You can holdover this item to the next Planning and Zoning full commission meeting. That also requires sixvotes. 3) You can approve this item as recommended by the Planning Commission. Thatrequires six votes. 4) You can change or amend the stipulations as recommended by thePlanning Commission. That would require eight votes. 5) You can override the PlanningCommission’s recommendation and deny the petition. That would also require eight votes.Ms. Godsil stated Mayor Pro-Tem for the record, the Clerks Office did receive communicationsexpressing concern about the shooting range. One was from Larry Meli at 5820 N. 131 st and theconcerned petitioners. The other was from Candace Wagner at 13135 Polfer Rd. Copies ofthese documents were distributed to the Commissioners this evening.Dennis Harris, 5926 N. 123 rd St., stated my office is now located at this location as of October1. I closed my office after 39 years of practicing law in Wyandotte County and moved it to myhome. I’m not retiring, I’m just relocating. As Delia mentioned, we were last here on a ConsentAgenda on March 31, 2011. Prior to that time in July 2010, we received a Special WarrantyDeed for the property at 13700 Polfer Rd. We came before you asking for a clearing andgrubbing permit to prepare the ground for development of the fairgrounds, which you granted.Once that was completed, we came back on March 31 and asked again for the special usepermits. We prepared for staff and the Commission sections that we needed to cover everypossible special use that we bypass the land for. This is the list that we presented and wasapproved for special use permits. It’s kind of a shotgun approach. We thought that zoning mighttake care of some of the uses that we would use the land for but we complied with the request ofthe Planning Department. Since that time, we have expended approximately $4.5M of CountyFair Foundation money in developing this piece of property. After the cleaning and grubbingwas done, we constructed three pavilion buildings. They’re depicted in the middle. Just southof the road, you’ll see three buildings that look the same. They are open-sided buildings that areOctober 25, 2012

44utilized for the 4-Hers as well as open class animal chores during the fair used for the springlivestock show and sale and for other livestock and other events and activity. Those are the firstthree buildings we constructed. We also did some temporary roads and covered them withmilled asphalt and you’ll see that also on the plan.Based on the special use permits we began to build a multiuse building. Ultimately itwill be used for a stall barn equine events as well as the 4-H horse project. We can put in up to100 stalls. We did an outside riding arena. In the Master Plan, it can be developed as anenclosed equine arena with outdoor practice arena. We built a maintenance building pursuant toplan as well as that building. We’ve had two successful fairs on the premises. We have put inour own water system from taping the 8 inch line on 7-Highway, the BPU, and maintain our ownwater system. It is a closed system. We weren’t allowed to connect back in so it’s flowingwater, but it’s our system that we have placed in place. We have electrical in place. We haveour own sewer system in place with a holding tank pumping capability and also a discharge tankfor campers or those type of vehicles that may use our fairgrounds at a later point and time.Ms. Godsil stated I’ve been advised by our Legal Department that in order for anyone at thepodium to speak and it’s over five minutes that a motion and second is in order to grant himtime.Action:Commissioner Kane made a motion, seconded by Commissioner Murguia, toextend the time. Roll call was taken and there were eight “Ayes,Cooley, Ellison, Holland, McKiernan, Murguia, Kane, Markley. CommissionerBarnes abstained.Mr. Harris stated I’ve prepared this as I have in the past thinking that I had fifteen minutes.Ms. Godsil stated you were granted more time. You can proceed.Mr. Harris stated we’ve also constructed sidewalks throughout the internal portion of thegrounds that are ADA compliance as well as around the buildings with handicap parking. Theparking lot that is depicted in the gray area just south and a little bit west of the three pavilions isto be designated and has been used as a handicap parking area during the fair and other activitieson the fairgrounds. We’ve also developed a berm system for a rifle or pistol range as far as theOctober 25, 2012

45shooting sports for the 4-H as well as we propose having it open to the public when it’scompleted.The first slide is looking from the road north and the berms that you see there are over 20ft. in height. The base is over 20 ft. in depth and 4 ft. on the top or wider. Those berms aredesigned pursuant to or better than the NRA recommendations for back stock. The side bermsNRA says 8 ft. minimum. We’ve got 20 ft. on each side of the side berms. The back bermwhere the photograph is taken from is approximately 18 ft. and runs to 22 ft. as it goes up theslope to the west.This is taken from the opposite direction. This is looking south from down against theback stop and you can see the two side berms as well as the end berm for that.In the Planning Commission there was some talk and misunderstanding I think as to whatzero blue sky on a shooting facility especially an outdoor shooting facility. It basically has to dowith a baffling system that’s over each firing point and also all the way down the range so thatany position that the shooter is in position to shoot it would eliminate a scape of any rounds aswell as it’s a noise baffle for the shooting facility.That gives you a good example of what the baffling system so you understand, as thePlanning Commission I don’t think ever did, as what blue sky elimination in an outdoor pistoland rifle range. This is designed to be a 50 yard pistol range maximum primarily to be used bythe 4-H members for their shooting sports activity but also could be available by appointmentonly with a range manager in place for you and me to slide our rifles in before deer season, getready for the deer season or just to make sure the rifle is on. We have no place in WyandotteCounty to do that except out in your backyard or out in the pasture next to your neighbors wheresome of the landowners around there said they could use their land adjacent to the fair board toplik without being in a proper facility to shoot like the range we are designing.We’ve also done the preliminary work on the five trap skeet live stand and other uses ofthose trap skeet fields that were approved last time. We’ve blocked those to the north byberming against the road that runs east and west on the north edge of the property so that theshooting points are below ground level to the south by 10 ft. Also, that would be a assistance inthe sound barrier of the utilization of the trap and skeet fields. In addition, on the south propertyline where the main road comes in on 138 th St., I think it’s called, is we have bermed that areaapproximately 10 ft. up above grade the entire length of that property line with the exception ofwhere the road comes in to the fair property.October 25, 2012

46In the Planning Commission there were concerns expressed by adjacent landowners andothers that were present at that time that this type of development with the fairgrounds and theshooting facility would diminish the values or the development around that area. Bill Gibbs, Jr.,from Continental Consulting Engineers got on the internet and prepared the following exhibitsfor us. The first one is of the shooting facility that is the distance of a quarter and one-half milearound where the shooting facilities are located on our grounds. The second is a range at LakeLotowana as it appeared on the aerial maps of 1991. You can see where the center circle for theshooting facility is and that is the radious around it. Not a whole lot there in 1991.The next slide is the same area that is a current aerial map. You can see around that anumber of large houses, the lakes there, development, churches, there’s other things in that areaof the community. Obviously, that area in last 20 years plus has developed considerably. Therange is still there. It was there in 1991. It is still in operation today and the development andhouses are going on around it.The next slide is Powder Creek which if some of you shoot will remember that, a 7-10shooting facility out at approximately 87 th & 7 Highway or 10 and 7 Highway in JohnsonCounty. This is a 1991 picture of that. That shooting facility has been there since 1949. Youcan see that is was partially developed somewhat around it in 1991. To date, you can see there issubstantial development around it within the circles that appear on the map. There are churchesout there, there are schools out there, there are retail facilities and activity in and around thatshooting facility.The next slide is not in the metropolitan area but it’s another example of growth anddevelopment around and not being detoured by a shooting facility present in the area. This is inAugusta, KS. This is what the shooting facility looked like in 1991. The current, as you can seearound and adjacent to development, has continued to go on. We don’t believe that this activityon the fairgrounds is going to detour any development or have an adverse affect on land valuesas it hasn’t in the other shooting facilities.Another issue that was brought up last time we were here at Planning was lead. Smallarms, rifle pistol and shotguns use shells that have lead in them. The EPA and RA both havestandards for recycling lead from shooting facilities. Those standards will be met. They requireat regular intervals, and it really depends on the use of the facility with the period of time of thatinterval, that the lead be recycled which means there are companies and I’ve got advertisementsfrom all over the country that will come in for a percentage of the lead that they recover. Theyusually take 2/3% and the club gets 1/3%. They come in and pick up the earth and separate theOctober 25, 2012

47lead and the earth. They recycle the lead and place the earth in the ground, reseed it and take thelead away. They sell the lead for a good amount of money. The club gets some money also toutilize for the facility.I’ve also got a couple of photographs. Unfortunately, with my limited electroniccapability I was not able to get those transmitted to get them on the slide tonight but this is apicture of a local firing range and it consists of nine firing points underneath basically a polebarn with a metal roof over the top of it. It’s not baffled as we’re proposing and you can see inthe one picture some swipe spots on the roofing and you can determine what’s happened withoutthe baffling there. That’s why our plan is recommending and it will require a baffling system.Many of the people here tonight you’ll recognize, if you were here on September 20 of this year,they are part of our 4-H Shooting Sports. I’m pretty proud of these young men and young ladiesand I might add the young ladies are super shooters. Many programs are available now that wecan utilize on the fairgrounds in teaching these young ladies and letting them excel at shooting.It doesn’t require big muscles. It doesn’t require being fast. It’s part of being able to controlyour breathing, control your trigger squeeze. Little girls squeeze the trigger. They don’t jerk itlike boys. They do it naturally. Those little boys and girls were here on the 20 th . The Mayorrecognized them for their accomplishments in shooting sports both locally, statewide, regionallyand we’ve got some national champions that are in this group tonight that will talk to you.Bill Gibbs is here for any questions you may have with regard to elevations and differentthings that are utilized in the development of this ground to control noise and other aspects. Wealso have Russell Olson from Acoustical Design Group, Inc. that is also here to answer anyquestions with regard to that. We’ve spent a lot of time and a lot of money in preparation andwe’re doing it right with these grounds. We started a grant. We don’t have the money to put in ashooting facility at this time. That grant preparation is being done to the NRA, the NationalShooting Sports Foundation. There are a couple of others that I can’t remember off the top ofmy head that we are working to develop this. We’ve got some great kids in shooting sports.We’ve got some great kids in 4-H. I think it would be a travesty to these kids to deny them theopportunity to continue to develop their skills both in shooting and life skills. They are happy onthe Wyandotte County Fairgrounds. I’ll take any questions you have.Mayor Pro-Tem Mendez asked do you allocate a liability insurance in order to operate thepistol and rifle range. Mr. Harris sated we do. That is available. We do not now. We have notoperated a rifle and pistol range. That insurance is available. We have a $1M liability coverageOctober 25, 2012

48over the entire grounds at this point and time for all aspects of the shooting. We will havethrough the NRA Program for insuring facilities and ranges in place before the first shot is everfired on those grounds. It’s only been two to four shots fired on those grounds and that is whensound tests were being done. There have not been any events on that. There has been noshooting on those grounds by any member of 4-H or the Fair Association. Yes, we will haveinsurance in place. We will also have waivers available for every participant to sign prior to theirparticipation. We’ll have a range officer on the grounds at all times. We propose that the trapskeet facility, plays facility be open three days a week unless there is an event going on. Wepropose the rifle/pistol to be 4-H except for by appointment. We’ll arrange an officer on therange at all times it is operational.Mayor Pro-Tem Mendez opened the public hearing.The following appeared in support of:Mark Matteson, 2638 S. 28 th St., stated I’m here to speak on behalf of the Firefighters ReliefAssociation. Our reason for being here is we annually have a turkey shoot. The turkey shootthis year we had to drive to Smithville. We had to go to the Smithville range. Having a range inWyandotte County for us would be ideal. We had 200+ members make the drive this year. Ithink we can do a little better than that for our members if we had a local range. I’m just here onbehalf of the Relief Association to be in favor of this.Letha Paterson, 12825 Marxen Road, stated I’m married to my husband Ron Paterson of 20years, we have two kids. Caleb 18, and Lydia 16. I was born in Wyandotte County and havelived there most of my life. I am a certified 4-H state instructor in shooting sports and I teachothers in workshops across Kansas to become county coordinators in shooting sports. As youall know this past summer the Olympics finished up in London, England. There were 15shooting events for both men and women. United States won three gold and one bronze. Ourprogram in Wyandotte County has two coaches that are on the Olympic Development Team andthey also started in 4-H Shooting Sports. Earlier this month the Unified Government recognizedfive of our kids for their national achievements. Four out of the five kids had to travel to othercounties, other ranges to have them practice on. My question to you tonight is if we’re going torepresent Wyandotte County in this awesome way, then why don’t we have a range of our own?October 25, 2012

Tonight, all of you can make this possible in voting yes and giving us the opportunity to be ableto be in our own county to be able to do what we do best.49Susan Reynolds, 2949 S. 78 th St., stated I just want to tell you a little bit about our program andkind of the experiences I’ve had with it. I joined the program in 2002 as an eight year-old girlfollowing her older brothers footsteps. I’ve been a member of the program ever since and I juststarted my eleventh year this October. The first step in becoming a member of our program is totake a required gun safety class which every shooter must pass to remain in the program.Everyone begins shooting a Daisy Model 499 bb gun which is much different than the Daisy RedRider you see for sale at local stores. We shoot the model 499 because that’s the world’s mostaccurate bb gun and when you’re learning marksmanship shooting accuracy is essential. Overthe years I’ve learned to shoot many different kinds of guns including air rifle, air pistol, smallbore rifle, small bore pistol and shotgun as well as learning archery. I’ve learned many valuableskills over the past ten years and have been able to hone my shooting abilities to the point thatI’ve been able to earn many medals and awards and as well as having the honor of being selectedfor the 2011 Kansas State Small Bore Rifle Team and the 2012 Kansas State Small Bore PistolTeam for the 4-H National Match. In 2012, the match was held in San Antonio, TX where I hadthe pleasure of earning first place in the Small Bore Rifle Camp Perry Round which is a slowtimed and rapid fire competition. My overall score was a 594 out of a possible 600. The teamalso placed first in this competition as well fifth in silhouette and fourth in the overallcompetition. This past summer the 2012 4-H National Match was held in Grand Island, NE.Three members of the four person Kansas State Small Bore Pistol Team were from our programso I had the pleasure of shooting a national match with two of my long-time teammates andfriends. We are very pleased to place medals in each day of the competition as well as overall. Iplaced seventh in slow fire bullseye with the team placing first. I placed third in huntersilhouette with the team placing first. I placed eighth in the Camp Perry slow timed and rapidfire competition with the team placing fourth. Overall, I placed third and our team placed first.I’ve also had the pleasure of receiving four Mayoral proclamations from Mayor Joe Reardon formy accomplishments in shooting sports. You may be wondering why I’m sharing thisinformation with all of you. I assure you that while I’m proud of my accomplishments I’m nottrying to pat myself on the back or earn praise from anyone. The point I’m trying to make hereis that all of these accomplishments have been earned through hard work and continuouspractice. Much like playing a piano or participating in any other sport shooting requiresOctober 25, 2012

50continuous practice in order to maintain the skills required to shoot well. Over the past severalyears the Wyandotte County Shooting Sports program has been practicing anywhere but inWyandotte County. When the former fairgrounds was sold and Schlitterbahn took possession ofthe property in early August 2006 we lost our practice facilities even for bb, air rifle and airpistol. Wyandotte County currently has no suitable facilities for any type of small bore rifle orpistol or shotgun shooting. Because of this our program members who shoot any of these musttravel long distances to practice. The shortest distance I’ve had to travel to practice small bore isa 35 mile round trip from my home. Most often I’m required to travel 75 miles round trip inorder to practice. I’m fortunate because my parents are able and willing to invest the time andpay the expenses for all this driving to and from practice sometimes four or five times a weekwhen I’m preparing for a match. There are members of our program who are interested inshooting small bore but for reasons of time, travel distance and travel costs in addition to theexpenses associated with shooting small bore they are prevented from doing so. We need ashooting range in Wyandotte County for many reasons but from my perspective I’d love to havea place to practice and continue to improve my shooting skills in a location that doesn’t requiresuch lengthy travel time and distance, a place like the Wyandotte County Fairgrounds.Lydia Paterson, 12825 Marxen Road, stated I am not here to gloat about my accomplishmentsnor to persuade any of you to become gun enthusiasts. I am here, however, to represent myteam, my family, and a sport that I truly love. I have been a part of the Wyandotte CountyShooting Sports Program for the past eight years. Through the years I’ve learned countlessnumber of life and gun safety skills that I will carry with me for the rest of my life. Our programhas grown since I first started. The numbers have easily tripled and our success grows each yearas each one of us sets goals for our personal accomplishments. Shooting is a sport that isstereotypically thought of as dangerous and not suitable for small children. People think of gunsas weapons and are so narrow minded that they can’t possibly think of them as a good thing, thatis a word that is actually frowned upon in 4-H. We do not use them in that manner. We use ourguns in a way that is safe and that always follows our safety rules and regulations. It is a verysafe sport. In fact, ESPN.com agrees with us saying shooting is an Olympic sport in which theycompete. ESPN did not just say this statement out of the blue. There are many statements thatwill back this up. As a matter of fact, ping-pong has more annual injuries than shooting sports orhunting. This statistic may sound frivolous but it is entirely true. Ping-Pong has roughly 150more annual injuries than shooting or hunting. Other sports that have more annual injuriesOctober 25, 2012

51include basketball, volleyball, tennis, swimming, golf and bowling. Parents rarely think twiceabout denying their children the opportunity to play these common sports. They always seem tohave a tough time allowing them to get involved into a shooting sports program. Most parentsare ignorant when it comes to how safe shooting actually is and that is exactly what we are out tosolve. Our goal is not to teach only children but our community about gun safety and how it canbe beneficial. If this permit is passed it will give us the opportunity to fulfill these goals and helpour community become a safer place.Forest Tudor, 5840 N. 131 st St., stated I would like to begin by directing your attention to thelower left-hand side of the mural behind the counsel and to the galley you can see a two-story redbrick building. That building is known as the Grinter House. When I was a kid, thirteen yearsold,along with my older brother, we resided at 8001 Kansas Avenue in the Muncie, KS area. Iwould crawl in the Model A with him taking with us a 22 rifle. He had a shotgun that had beensawed off. He had a 30/40 Craig Rifle. We went from where we lived down to the GrinterHouse and we would park on the shoulder of the Kaw Drive at 78 th St. and walk across theUnion Pacific Railroad tracks and sit on the banks of the Kaw River and there I learned how toshoot. Though it was not illegal it was certainly filled full of ignorance. I was ignorant. Mybrother was ignorant. My dad was ignorant. Bless his heart, he has already gone to be with theLord, but he didn’t have time for his kids. He took no interest in his boys learning how to shootand shoot properly. He had served his time in World War II. He hated everything about havinga weapon but he found himself in law enforcement carrying a weapon. He spent no time with us.For a kid of thirteen years-old, the next six years I spent shooting off the banks of the Kaw River,hunting rabbits where the Legends is now located. I was a true resident of Wyandotte County,loved it. I had a choice to live anyplace in the world that I wanted to live but I chooseWyandotte County because I love it. It just so happens that it’s right next to the fairgrounds withmy neighbor being in-between. When I left for the military it was 56 years ago tonight, the 25 thof October, 1956 across the river at the Union Station I along with 22 other young men raisedour right hand and we swore that we would defend, most of the people here weren’t evenarmored then, some of you guys can relate to me, we swore that we would defend ourconstitution and the citizens of this United States. Years later whenever I married I took one ofthe speakers tonight that spoke to you along with her sister and her brother and once again wefound ourselves on the banks of the Kaw River at a place called Loring just west and south ofBonners Springs. There we had a revolver. I did my dead level best to teach them the properOctober 25, 2012

52way to use a weapon. I was one of those unkind fathers that would not permit my kids to have atoy gun. I once again, found myself firing last Saturday out in Leavenworth County at thebottom of a pond bank. I decided to exercise my right as a citizen to get the conceal and carrypermit, which I did, scoring 96 on the written test, scoring 100 on the firing test and I would likefor you people to approve these young people and their endeavor to learn and to exercise theirright as a citizen of this United States. Look them in the eye and tell them that you really believein them. I really believe in them and I love them and I appreciate them.Elaine Stroud, 7826 Stover Lane, stated as I was listening to everybody here there is oneperspective that hasn’t been talked about tonight and that’s a parent’s perspective. My daughteris no longer in shooting sports but she was. Because we didn’t have a place to practice exceptonce a week I have two living rooms and the kitchen in the middle and she figured out that shehad just enough space to shoot through the doors with her bb gun through both living rooms andmy kitchen. She never hit anything. I figured okay we’ll take her to some of these tournamentsthey speak of. We go out and we drive 3 ½ hours in western Kansas and I’m looking around andthere’s not even a Dairy Queen. I’m thinking there’s 200 people out here with nothing. Mybiggest entertainment one day was sneaking away and going to the cheese dairy and gettingsome cheese. Can you imagine Kansan’s, and I’m talking the whole state of 4-H when they dotheir state competitions and regional competitions where they’re drawing over 300 peopleshooting, let alone your talking family, brothers and sisters, their friends that come with them.Now you start talking about economic impact. If I could have stayed at a Great Wolfe Lodge, Iwould have been excited and gladly given my money and said here you go, go swim. I’dprobably be divorced because if I had my husband’s credit card at that time and got at theLegends and got to go shopping the impact would be phenomenal. I don’t think I’m an abnormalparent when it comes to that. I think that the impact of Wyandotte County is more than just theShooting Sports team. Its more than just the Fairgrounds. When I’m out at the Legends I seeuniforms of little girls running around that are doing tournaments out at Field of Dreams which isLeavenworth County but they come into the Legends. You have the impact of drawing frompeople who are doing the shooting sports, their families and when their done and they have tostay over for the night, this would be a destination. I shoot for one day and stay two days extraand go to the Great Wolfe Lodge and take in a soccer game or a T-bones game. I just can’t tellyou enough how much of a big deal that is to have this opportunity for all Kansan’s to be able tocome in and do this.October 25, 2012

53April Cordero, 1533 N. 85 th Ct., stated I actually had no intention of coming up here andspeaking today until something was mentioned and I somewhat similar to the last person have adifferent perspective. Growing up I was actually a pretty bright student but I never really hungaround with the right crowd. I didn’t get to do a lot of different things so when I had my son Imade it a point to make sure he would be involved in extracurricular activities so that when hegrew up he would not be involved in some of the activity that I had been. We touched upon apoint early from the Dollar General conversation about vandalism and some of the things arebeing sold to minors. My point is this, although my son is in boy scouts and part of that is howhe became to go which shooting sports is part of their program and requires bb’s he wanted toexpand upon it and I’m always allowing him to do extracurriculars. This year he decided to gointo the 4-H and his project has also been bb’s. As part of being such having theseextracurricular activities I am now being able to put him in a position where later in the future, inhigh school, I can say and I honestly believe my son will not be one of those people vandalizinghis own community. Therefore, I ask that you support having a range here so that he can keepthese extracurricular activities and so that this will not only benefit my son and 4-H but as wellas the best members of the community.Jerry Vess, 13 th & State, stated I do business at 13 th & State and I live in Platte City. One of thereasons I moved to Platte City is to have a shooting range. One thing I would like to say is whenI was a kid the thing that I remember most is going hunting with my father. When my childrenwere young, they still talk about the times they sit in the woods with me. I have three daughtersno boys. They say that’s the thing that they remember the most. I teach hunter safety atWyandotte County Lake and at Cabela’s. I have been for about 17 or 18 years with the PoliceDepartment. I volunteer my time. It takes a lot out of me but I think it’s the most importantthing we can do is to teach these kids proper handling of firearms and responsibility. A numberof years ago I had some young inner city kids that were renters children. The house that I hadrented had boys and I took them. They were inner city kids and they acted like inner city kids. Ialmost got kicked out of the hunter safety clinic because of their behavior. I chewed them outquite a bit and let them know what I thought but I still stayed with these boys. This young manthat really was a problem now is in the United States Army and I believe I brought him around, Ireally do. Campfires and firearms actually is not bad, it’s good for the young kids. I didn’t comeOctober 25, 2012

here tonight for this but I want you to pass this because I think it is the best thing. It keeps kidsaway from the computers and out of trouble.54The following appeared in opposition:Richard Wagner, 13135 Polfer Road, stated one of those letters that your clerk read was frommy wife. First of all I’d like them to scan back to that slide that showed the quarter mile and thehalf mile radius. I’d like all those people that are in support of this shooting range and live insidethat circle to please stand up. At the least meeting they all stood up because they were in supportof it. I’m sorry but Mayor Pro-Tem and Board Members, it’s easy to support something thatdoesn’t affect you negatively. Unfortunately, it was brought up earlier that there is no decreasein our property values. If you go on Google and you type in decrease property evaluation aroundshooting ranges, in less than half a second you will get 26,300,000 hits. Evidently the peoplethat are against it that live next to it and live around it believe as the 26 million articles do that ishas a negative impact. If you type in quality of life and the negatives that a shooting range hason your quality of life, you will find 69,900,000 hits in less than half a second. Once again,things they are not bringing up. If you go in there and type health effects, one of the biggesthealth effects, as Mr. Harris pointed out, is lead and that was one of the things we brought up.He has pointed out that they will do everything according to EPA and NRA. They believe it’s abig enough issue that they produced a 115 page document to discuss lead. Health affects, typethat in on Google, 78,900,000 hits in less than a half a second. My internet is not that fast there’sjust that many things out there.Property evaluation, just recently in June in east Texas, probably everybody considers theshooting capital of the world, the Appraiser just went in and devalued the houses around theshooting range by 30% because he felt the negative affect that the shooting range had on thehouses. We, as I stated in the last meeting are not against the 4-H having a shooting range andcertainly not against the ones who want to shoot bb guns or 22 rifle or even shotgun on theoccasions when they are going to do shotgun. What we’re against and what we’d like to see youvote no on is a shooting range open to the public. The thing is as was pointed out before you’retalking about a lot of shots. They’re talking that they’d like to have shooting competitions comein where they 300 people. Sounds great, great economic benefit. As you well know, all benefitscome with a drawback. The drawback would be for those people who have lived next to it andwho have enjoyed a quality of life that was quite and will no longer be that. For everyone just tosay there is no ill effects, no negatives, I think is a little bit one-sided and in my opinion a littleOctober 25, 2012

55bit blind to the true facts. Once again, no one stood up, I’m sure if they were right there andlived in that circle they would stand up. They don’t live in that circle. If you wanted to putsomething in south Kansas City in Belton and it would benefit me greatly, well guess what,there’s a chance that I might vote for it because I don’t live down there. I’m not going to seeeverything I worked hard for all, the labor that I put in, to earn what I have, to see it diminished.Earlier, Ms. Murguia, you mentioned that you did a $6M library in Argentine, fantastic, greatthing. If someone was to come in and say they were going to put a shooting range or somethingnext to it of a negative impact on that library you, of course, would not approve. I think if all ofyou will look within yourself and think about it honestly as one gentlemen said look at the kidsin the eye. Well look at yourself in the mirror and ask would you want this next to you. I don’tbelieve if were to answer that question honestly that you can say yes. If you do pass it, we wouldask that you do a one-year permit instead of the indefinite period that they’ve asked for becausewe have no recourse if it’s indefinite.Tom Standish, 13308 Polfer Rd., stated I have lived there for 19 years. I am not opposed to 4-H’s Shooting or youth training. I am opposed to public shooting for twelve hours a day at leastthree days a week. I think the noise will be a detriment to the neighborhood and to myenjoyment of my property. I ask that you vote against this because of that.Larry Meli, 5820 N. 131 st St., stated I thank the board for listening to us to give us theopportunity to voice our opinion. It was well stated by the other two individuals up herespeaking. I have been living at our property for 24 years. We moved out there for piece andquite. There was no development. Not saying we are against development of the fairgrounds,that was fine, but it seems to me the gentlemen first spoke very clearly about no skin in thegame, they do not live in this area. For anybody who tells me that a shotgun blast will not carry Ithink they might have been discussing this with the wrong person. I too, Mr. Tudor, have aconceal and carry. I do a lot of pheasant hunting, quail hunting and duck hunting. Shotsometimes two miles away will carry even when you are in a creek bed. We take an adamantposition about opening this up for the public, for tournaments, because I think this is going to bea profit-based operation if they open this up for the public. Again, I have no major problem with4-H shooting, 22s, bb guns, occasional shotguns during the week. From what we understandthey are going to open this to the public for shooting range and tournaments with lights. Wechecked it out with other shooting ranges and a five-station stand will produce over 40,000 shellsOctober 25, 2012

56for a weekend, expended, that’s a lot of noise. I don’t care how much they think they can baffleit. There’s people that either have cattle or horses, dogs in the house. It changes the quality ofour life. I asked earlier at the last meeting if there was an alternate site. I don’t think I really gotan accurate answer where the alternate sites were but I think they should be considered for atleast to open it up to the public. It sounds like now it’s become a money-making organization byopening this to the public. When that happens I feel we may have five to seven days a week ofopen shooting by appointment. I ask each one of the Commissioner’s to really think about this,what kind of impact that has on the people that has been there for twenty some years. I have todrive out of town to do what I want to do, Pheasant hunt, Quail hunt. I hate to see them going300 or 400 miles on a trip but it sounds like Smithville is not that far. I do applaud the 4-H andall their acculates that they’ve had. I really am adamantly opposed and I am the one who had thepetition signed. There was 18 we’re thinking out of 25 people adamantly opposed to thisshooting range. We never did get the accurate amount of people from the Planning Commissionthat were affected by this but we think we got more than 80% of the people adamantly opposedto this. We’ll leave it to you at that and we hope that you think about it clearly and vote againstthis.Richard Roe, Attorney, representing Bob and Carrie May, 4118 N. 109 th Terr., stated Mr.and Mrs. May own an 18 acre vacant tract with a street address of 5844 N. 131 st St. that bordersthe applicant property on the east. I want to first address the issue of the protest petition. I amfamiliar with the protest petition that was filed. What I am unfamiliar with is the exact basis fordenial of the petition. I asked for that and was given some communication. It appears to me thatit was based on a legal opinion probably deriving from Attorney General’s opinions. The statutethat governs protest petitions for zoning matters K.S.A. 12-757 requires only that a protestpetition be signed by the requisite number of protesters who own property within the protestzone. I believe that requirement was satisfied. In fact, it appears that the protest petition thatwas submitted far exceeds the 20% requirement of the statute. Mr. Meli suggested that maybe80% signed the petition and certainly over 50%. As I understand it, all of the owners of propertyadjacent on the east and north sides of the subject applicant property signed the protest petition.The apparent basis of the denial of the validity of the protest petition apparently has to do with atechnicality in the timing of the submission of the protest petition versus the sworn signature ofMr. Meli as the circulator of the petition. A technicality. Now decisions of this magnitudeshould not be decided on technicalities. People who are affected by those decisions deserveOctober 25, 2012

57better I would submit other than a technicality deciding their fate. The people who signed theprotest petition are the people most directly affected by this requested special use permit. Iwould submit that no one who signed the protest petition, no one who’s here tonight opposes the4-H program. What they are opposed to is the devaluation of their property by the imposition ofinappropriate land use in a rural-residential neighborhood. That is what was addressed at thePlanning Commission public hearing. That is what I would hope that you would focus on. Yourvote tonight to deny this application should not be construed as a vote against the 4-H program.It is an unfortunate circumstance that we are even here tonight as we are with a fairgroundshaving been established to the tune of $4M already without a proper permit. This was not thefault of the opponents. If we had this discussion when we should have before constructionstarted, perhaps we wouldn’t be in this situation where you are in the awkward position ofhaving to grant or deny an application when the project has already been built, everything exceptthe shooting range I want to make it clear that my clients don’t oppose any part of thefairgrounds application except the shooting range. The reason they oppose it is because of theconstant noise that will be generated by the facility three times a week at a minimum eightmonths out of the year that will devalue their property value, to a point that they do not intend tobuild their home that they had intended to build on their 18 acres if this goes through. The slidesthat show development I would say they don’t show very much development around these othershooting facilities, but if someone decides to move to a nuisance that’s their choice. In this case,the nuisance is being imposed on people who are already there. Their voices should be takeninto account. Given the choices that you have tonight I would ask that you deny this application.Carrie May, 4118 N. 109 th Terr., stated we are the property owners directly to the east of thisfacility. As stated by everybody else that is opposing this nobody opposes the 4-H using this.We all think that’s great. However, the people getting up and talking about it, I have two kids,they are grown 23 and 21. They were involved in every sport, football, basketball, baseball,dance, and gymnastics. We’ve traveled hours. We’ve spent every night going to practices. Wedrive three hours to games. We do everything. I commend these people for wanting to dopositive things for their kids, but we all have to make sacrifices and do those positive things.However, none of the things that we are doing are going to affect people’s livelihood, theirhome, their property value. I am asking that each of you take into consideration if this were inyour backyard would you want to hear this all day, every day or five days out of the week. Ihave animals that are scared of fireworks. I know before we went before the PlanningOctober 25, 2012

58Commission and voted on this we had a little meeting at the fairgrounds so Rob and them couldkind of explain to us everything that they were planning on doing and if there were any questionsthat we wanted to ask. I know that he said that he did grow up near a shooting range and hedidn’t mind it. I didn’t mind fireworks when I was a kid either and shooting them all day. Idon’t necessarily want to hear them all day now or all night. I know someone did ask a questionabout if any tests were done and if any noise decimal were done and he said he didn’t have anyreports that had those numbers on them. He did make the comment that Wyandotte Countydoesn’t have a noise ordinance per se. He does live downtown and sometimes he does wish wedid because it does get noisy. If he thinks that just downtown living gets a little noisy, I don’tthink he’d want to live right next to a shooting range. We might not have millions of dollarsinvested but we have thousands of dollars invested in our land. We had already talked to theBPU about paying out of our pocket to have a water main brought down. We had already startedplans to build a barn, build a new house, and we would be paying property taxes as we have paidfor all of our lives. My family had a ice cream parlor here. My father-in-law is pastor here. Wehave a big history in Wyandotte County. I am just asking you all to take into consideration ifthis were in your backyard, would you vote on it.Mayor Pro-Tem Mendez closed the public hearing.Commissioner Kane stated the protest is not valid, is that correct? I am asking Legal thatquestion. Ms. York stated that’s correct. I took a look at the protest petition. To be quite frank,the problem with the petition had to do with dates and how they corresponded to theacknowledgment and the verification that Mr. Meli signed. Mr. Roe and I live in a world oftechnicalities. You can’t verify signatures that weren’t gathered prior to your signature andthat’s the reason that I gave you the opinion that I did.Commissioner Kane asked Mr. Richardson does this meet all the restrictions that we have inWyandotte County? Mr. Richardson stated special use permits tend to develop their own set ofregulations but I don’t know any code that we have that this would violate.Commissioner Kane stated everything that you’ve talked about, everything that you’ve shownis the concept from the origination of what you guys wanted to do when you very first purchasedthe property. Is that correct? Mr. Harris stated that is correct. Commissioner Kane stated theOctober 25, 2012

59entire time the fair said that these are the things that we want to do, maybe not in the order thatyou want to do them maybe because of money and stuff like that. Mr. Harris stated in 2009 wehad EPA through populous prepare and we submitted that to staff in the past and this is ourMaster Plan and the economic impact of the facilities that we are trying to develop on thefairgrounds. Commissioner Kane stated just so everyone knows that we all take these decisionsup here very seriously and some points personally. This happens to be in the district in which Irepresent and I’m telling you we haven’t had to make an easy decision in this district in quitesome time. Each time we make one it’s a gut reaction because I don’t live out there by thefairgrounds but I’ve walked every single inch of that property since they purchased the property.I’ve been out there for the fair. I’ve been at places where they’ve had the baffles. I’ve been atevery single one of these places including Lake Lotawana because in 1991 that was the onlyplace you could go to shoot. The interesting part about it is I think you’ve covered just abouteverything you could have possible covered with the amount of money that you’ve spent, theADA requirements, the lead recycling. Multiple things have been in the planning of this processand none of those was taken lightly and a huge expense.Commissioner McKiernan stated I have a few questions and I’m not sure who here can answerthem for me. I don’t shoot so somebody tell me how well do these baffled facilities work interms of suppressing noise?Russell Olsen, Acoustical Design Group, 5799 Broadmoor, Mission, KS., stated we’veworked on several shooting ranges throughout the area and mostly indoor ones, some at militaryfacilities where they all have these baffles. The concept is that we can probably reduce the levelsby seven or eight DB with the implementation of baffles and on the back side of the steel bafflesthere is a glass fiber board, it helps to tenuate and absorb the sound. That’s the reason for it. Inan indoor environment it’s pretty critical. In an outdoor environment where the sound radiatesthroughout space, in a hemispherical space, it’s just a distance relationship at the noise reductionversus distance. The baffles do help but it’s not a significant difference. It’s mostly for safetyand control the bullets I believe.Commissioner McKiernan stated so although there is baffling present in terms of how much ittenuates sound that would travel out of the range, it does a moderate/fair job. Mr. Olsen statedyes. Commissioner McKiernan stated once again, I don’t shoot so forgive me if this is anOctober 25, 2012

60ignorant question but it seems to me that were kind of talking a couple of different things here. Itseems that there is target shooting which would be under this baffled enclosure but now tell meabout the trap station and shotguns. Based on my limited knowledge it would seem to me thatdoesn’t take place under a baffled enclosure, is that correct? Mr. Harris stated that is correct. Itis an open field. Commissioner McKiernan stated so only part of the shooting would takeplace under this baffled enclosure. Mr. Harris stated the rifle and pistol would be in thebaffling. The shotgun range faces to the north of the property. On a trap field there is a traphouse in the middle. There are five points to shoot from. Five shooters on those five points.They move back from 16 yards to 27 yards on those five points. They rotate after five rounds. Around of trap is 25 rounds and it is outdoors. That we have, as I have mentioned earlier, we havedropped that shooting line down 10 ft. behind to the south of that firing line. In addition, wehave a berm about, it’s less than a quarter mile behind the firing line, along our south that alsobaffles. Topography can also change the sound. Mr. Olsen stated berming is the primary noisecontrolled device that we have. What we do is we take the berm high enough to where the soundhas to go over the top of it and sort of go up into the air and not go over into other adjacentproperties. Commissioner McKiernan stated but the enclosure augments the berm for thetarget shooting, correct? Mr. Harris it’s like light. The light is shooting out it’s gonna hit thetop of this hill and prevent it from going into somebody’s house and whatnot. The berms are 8ft. to 10 ft. tall all the way around the backside of the trap shoot area. CommissionerMcKiernan asked the special use permit that we are being asked to either approve or notapprove tonight is for the entire complex, correct? Because all we have heard about is shootingtonight. Is the special use permit just for the shooting aspect of this or for the entire complex?Mr. Richardson stated Commissioner this is for the entire complex. This is the entire fair issuetonight including all the shooting sports and all the other activities. Commissioner McKiernanstated I have heard a suggestion. I want to hear whether or not we think this is valid. There wasa suggestion that maybe a time limit of a year be put on the renewal. I don’t know if it’s possibleto split this into two pieces, time limit one piece, and not time limit another piece.Commissioner Barnes stated I was kind of going along the lines with CommissionerMcKiernan. I’m on the highway and my phone has been cutting in and out. What I’ve heard, Iwas trying to identify the middle ground. I’ve heard some gentleman speak about the one yearpossibility. I heard it may be okay with the absence of a shotgun, be open to the public portionof it. I don’t know if there is someone there available that could talk about those issues that wereOctober 25, 2012

61brought up and I’m looking at possible stipulations because I did hear that there were somepeople against the shotguns period. There were some that said they were concerned about opento the public portion of it. I’m looking at the middle ground portion of it. I to have somediscomfort with the issue of wrapping this all together. I don’t have if that’s the strategy or if it’spossible to separate them but I would certainly be for that. I would be in agreement withCommissioner McKiernan on that.Ms. York stated modify the stipulations that were recommended by the Planning Commission.,you could do that and you could set terms for specific elements of this special use permit. Forexample, you could approve it with the shooting element and have the requirement that they haveto renew that after a year. They would have to come back for review before this body beforethey could continue with that particular element of this special use permit. To do so wouldrequire a vote of eight.Commissioner Barnes stated if we were to make the stipulation I guess I wouldn’t want to heareverybody again. I would certainly take into consideration those individuals that spoke against itas to whether or not that would be something that would interest them in doing so and try tosolve issues. At the same time we understand the importance of this issue to the fairgrounds butat the same time we also understand the importance of those individuals that live within thatcircle that the gentlemen talked about earlier. Commissioner Kane, you are 100% correct, I thinkmost of the decisions none of them have been easy that we’ve had to deal with in that district in awhile.Commissioner Holland stated I have several questions. I want to start by saying though I’mvery excited for the fairgrounds being where they are. I am very excited about the developmentthat is going on out there. It’s terrific and I think it’s good for our community. I have severalquestions about this issue, specifically the shooting. Ms. York on the protest petition, am Icorrect that you need 20% of the affected persons to sign to make it a valid protest petition, isthat right? Ms. York stated 20% of the petitioners. Commissioner Holland stated thepetitioner claims to have nearly 80%. Is it your opinion, you’ve already ruled the protest petitionout of order. Is it your opinion that if you struck all of the signatures that happened after it wassubmitted that there still would have been 20%. Did he get 90% of the signatures after it wassubmitted or did he have the 20% and then more were tacked on after it was submitted? Ms.October 25, 2012

62York stated I would have to look at the petition more closely but I asked planning staff torecalculate by eliminating those signatures that came after the verification and they would nothave met the 20% at that point. Mr. Richardson stated I might clarify that slightly. The protestpetition requires that the person that submits it be a signatory to the petition. The person thatsubmitted the petition signed at least three days after the notary signed it and did not date hissignature with the date in which he signed the petition. Without his signature being valid there isno protest petition and so we didn’t calculate what was left. They did have a substantial amountof property and it’s likely that there were still enough signatures had it been property submittedthat it would have had that 20%.Commissioner Holland stated one of my concerns, I agree we live in world of technicalities.Something of this importance. I just want to be clear, the concern with the protest petition wasthat the person who submitted it had not himself signed the petition or had mistakenly not signedthe petition. is that right? Mr. Richardson stated basically, yes. Commissioner Holland statedall of us up on this bench would have had to consult with our legal team to find out how tosubmit a petition. I applaud the community for trying and for submitting it and the technicalitythat he didn’t sign it - Obviously, he’s submitting the petition, he’s for the petition and if the dateon it is was inaccurate it troubles me that a protest petition is being shot done as it were for thatcircumstance. For me, I take that as, obviously I can’t change the number of votes necessary butI take it as a valid protest petition as there were people in the community who had a legitimateattempt. I don’t know if it was Mr. Meli who signed it. Mr. Meli have you ever signed a protestpetition before? Mr. Meli stated no. Commissioner Holland stated I would have screwed thatup too. My next question is does the 4-H shoot shotguns? That’s part of their trap shooting.Mr. Harris stated yes. Shotgun, pistol, air rifle, bb gun, archery. Commissioner Hollandstated my other question is I hear the name Cabela’s thrown out a lot as a great partnership withCabela’s, is there a partnership with Cabela’s? Mr. Harris stated I have not heard that thrownout anywhere. There is potential there. I’ve visited with Cabela’s. I’ve visited just darn neareverybody in the industry Commissioner. We’ve got a lot of people that have said yes, we willhelp you, build it and we will come. We can’t build it. Commissioner Holland stated theother question I have, the fair, I totally understand the 4-H using it as part of the fairgrounds.You have an animal auction every year with the fair. I’ve not heard any attempt tocommercialize that and have a regular auction on the fairgrounds. Is this the only product of thefairgrounds that would be a for profit entity? Mr. Harris stated no. When EDA did the masterOctober 25, 2012

63plan to support the fair operation because our budget had been cut to zero for two years and hasbeen substantially cut every year since that and it was implemented again. There are twoaspects, three aspects of supporting this facility because of the shortfall on tax dollars. Theshooting facility opened to the public and generates approximately $200K gross on an annualbasis to help support the shooting, 4-H and the fairgrounds. A 50 slot camper park can supportthe fairgrounds. I don’t have those numbers on the top of my head. They are in the report. Theexhibition hall that will cost approximately $5M to build and we don’t have the money to buildit, we are starting a capital campaign trying to do that. We will have a facility that we can rentout for wedding receptions, fall trade shows and that type of thing in that building when it isdone. Horse project, horse facility, if the facility is ever completed quarter horses, paint shows,larger animal shows that are available including the 4-H shows, which each of thoseorganizations have youth shows in their plans. As far as to answer Commissioner McKiernanwith regards to one-year, it will cost approximately $25K to build each trap stand. It will costapproximately $200K to build a bunker trap which is one of the traps that is recommendedbecause we have kids that are shooting, that’s an international trap shooting in Olympics. Wehave kids who are shooting tremendously, not 4-H but other shooting organizations here inWyandotte County. It will cost approximately $150K to baffle it just the rifle range before anyrounds can be fired. We are working on grass to try to be able to do this. You limit us to oneyear, we’re not going to get one grant, not going to get Cabela’s, Bass Pro or anybody else,National Shooting Foundation, anyone to provide one penny. So the community does have ashooting facility, the 4-H remains where they are shooting at a place as a gratuity inLeavenworth County, 25 miles to the west of Wyandotte County. Commissioner Hollandstated is it your position that without the revenue generation of opening the shooting range to thepublic it will never be built. Mr. Harris stated we’re done. We have expended the funds thatwe had available in the foundation for the development that we have in place at this time. Someof it was done completely out of order. Some we thought we were going to have other help withbut the money that we had in the foundation has been expended.Commissioner Murguia stated were there any efforts or any conversations about getting theproponents and opponents for this project together to come to some sort of consensus. Mr.Richardson stated we had a discussion at the neighborhood meeting and I think that there wasthe ability for open dialogue. We haven’t had a conciliation meeting, so to speak, but I’m notsure given where the two parties are that would bear, it’s a difficult issue. CommissionerOctober 25, 2012

64Murguia stated Mr. Harris you rattled off some numbers that if we were to restrict this specialuse permit for a year that you would be finished because it takes a substantial amount ofinvestment to make it happen. Mr. Harris stated we are not going to try to raise money for aone-year shooting facility. We can’t justify $2M for one year. Commissioner Murguia statedthat was my question. It’s a $2M to prep this facility to get ready for actual shooting, is thatwhat you said. Mr. Harris stated that is correct.Commissioner Kane stated that’s exactly what I’ m talking about. You can’t give them a oneyearrestriction because no one is going to say alright I’ll give you x amount of dollars. Most ofthe contracts are five-year contracts and with that contract of course there is an extension thatgoes along with the fifth year whether they want to continue to do it. We hog tie them, theycan’t do anything. Who would want to advertise out there for a year, maybe, with all that beingsaid move for approval.Action:Commissioner Kane made a motion, seconded by Commissioner Ellison, toapprove Special Use Permit #SP-2011-14, subject to the stipulations. Roll callwas taken and there were eight “Ayes,” Cooley, Ellison, Holland, Barnes,McKiernan, Murguia, Kane, Markley.Commissioner Cooley and Commissioner Barnes left the meeting.VACATION APPLICATIONITEM NO. 1 – 120278…VACATION APPLICATION #A-2012-9 – LUKE KUSH WITHLUKE KUSH CORPORATIONSYNOPSIS: Vacation of an alley at 1328 Minnesota Avenue. The applicant is requesting tovacate the western portion of an alley behind 1300 and 1400 block of Minnesota Ave. ThePlanning Commission voted 6 to 2 to recommend denial of Alley Vacation Application #A-2012-9 based on the mentioning of the facts and the prior conditions that have been done to theproperty without proper permits and consent.Luke Kush, 8401 W. 142 nd Terr., Overland Park, KS, stated I have my office at 1328Minnesota Avenue. I am here this evening because the last meeting I was here in this room wasto vacate an alley in the back of my warehouse. About ten years ago I was looking at aOctober 25, 2012

65warehouse on 10 th & Minnesota. I guess it was like a small shop about 2,400 sq. ft. I wasworking with an elderly fellow trying to buy this building meanwhile I was going from 18 th &Minnesota heading east to 10 th & Minnesota. I happen to notice a sign on a warehouse and itwas an 3,200 sq. ft. of a warehouse that looked like hell. I went ahead and somehow, someway Ibought it. Once I bought it, went home and laid down in a fetal ball position for a long timebecause when it rained it was just a rain forest in that big old building. I didn’t see the potential,I was going broke. I had a child, another child, and I had another child. Meanwhile, I wasbuilding this house and I was getting used to Wyandotte. I found out that Wyandotte is verycultured people. I started saying to myself how can I make this building work for me. I broughtnine businesses into this warehouse. I found bras and panties and syringes and a lot of homelesspeople. People who rip people off and try and sell you stolen goods. I cleaned that whole blockup. I put a restaurant in that building. It’s a Mexican food restaurant. $180K I put in thatbuilding. It used to be an old Buick/Sedan automobile shop. Behind on State was the lot to sellthe cars. The Mexican food restaurant was the showroom. The remainder of the warehouse wasmechanic shops. What I’ve done is I’ve taken a whole block and I made it look good. I respectWyandotte. I have been here for a little over 10 years. I do jail seminars. I did. I give to theFireman’s fund and I give to inner city children in Wyandotte. I am a participant in Wyandotte.I do everything according to the codes department. Rob Richardson and Bradley, we’ve gottento know them very well. We are trying to vacate this alley in the back of my warehouse becauseI’ve put almost $3.25M in that block right there beside the purchase of the building. Because ofthat renovation my taxes have doubled from $12K to $24K a year and I’m paying it. Also, I’veput nine businesses in that building in and around there. I’ve put in a new asphalt parking lot.I’ve made it safe for children to play in the parking lot that I have that I’ve remodeled. It suitsmy warehouse facility and everything else within that warehouse and businesses, it happens to bethat there is an alley at a deadend in the back of my building because it drops to a lower level. Ifyou pull in my parking lot you’ll be in my parking lot but there is an alley directly behind thatbuilding in the yellow line. That is all encapsulated all the way around that perimeter. Thatyellow line if you take it going towards State that’ s towards the north take that yellow line out,it’s still one parking lot all the way to State. It looks really good because I’ve done a really goodjob and I respect Wyandotte. I want to take that alley and I want to continue improving that area.Tracy Kush, 8401 W. 142 nd Terr., Overland Park, KS, stated with that alley there it is right upagainst our building. It serves no purpose to the public. It’s been curbed since we’ve been thereOctober 25, 2012

66and fenced in since we’ve been there. It is a dropoff of 20 ft. It is a deadend. The problem thatdowntown has with limited parking it has been used nine years as parking for tenants and wealso occupy this space with our business. We hope that you understand that again this is not analley that is being used by the public since I’ve been there for nine years. I do have some of therecords where they’ve checked and it’s not been an alley for a very long time. Again, it is a deadend. We hope that you would accept that. Again, it is useless and there is access for utilitypeople, fire people, there is nothing different about us wanting to vacate it except that we can useit for parking for our tenants and for ourselves.Commissioner Holland stated Rob I’ve read this. I didn’t hear a clear argument as to why tovacate it. What would vacating accomplish and why not to vacate it, if you could just clarifythat. Mr. Richardson stated if this were to be vacated basically the area there in yellow istechnically public right-of-way between their other property which fronts on State Avenue andtheir building which fronts on Minnesota Avenue and that unifies the property and eliminatespublic access. There are businesses on the - which is kind of odd and Mr. Kush’s property andthe property to the east of him there are businesses that basically front the alley. Mr. Kush, if heowns the parking lot he would have access to that there. Further to the east, the alley is the frontentrance of the businesses and we are a little concerned about that because I didn’t have a clearpicture from the business license applications that we had businesses that weren’t frontingMinnesota Avenue. Mr. Kush has built a ramp into his property in the back to serve his businessand that is Mr. and Mrs. Kush’s personal business. I talked with the Fire Marshall earlier thisweek and I think that if we can work out a method with the Fire Department so that everybodyunderstands how the Fire Department would have to serve the back of that because it’s a paintcompany this might be acceptable. I’ve also talked with Mr. and Mrs. Kush about doing a rightof-wayuse agreement that would basically accomplish the same thing that would guarantee thatwe would still have public access and they could use it as they intend to right now. I think thateither way we go we are going to be able to accomplish their purposes. We feel like the right-ofwayagreement is a little better way to do it but after talking with the Fire Department if we havetime to and actually there is a parking variance which we could probably tie that to that’sproceeding to the Board of Zoning Appeals. We could tie this together and make sure the FireDepartment had access so that they could get back there and do their job if they had to.Commissioner Holland asked is it true that you can’t even drive through that alley, that it’s gotwalls? Mr. Richardson stated at the yellow line on the east there, the part in yellow is elevatedOctober 25, 2012

67and then there is a wall there and it drops off. There are some significant utility lines overheadthere and we would have to retain the utility easement there. After talking with the Fire Marshallagain this week I’m more comfortable with the vacation then I was before. We could do it eitherway. Commissioner Holland asked what does the vacation gain the property owner? Mr.Richardson stated we wouldn’t have any permanent access through there. It would just be theutilities that could come in and maintain the line. Commissioner Holland asked what wouldhappen differently if they had the vacation then if they didn’t have it. It looks like there’salready cars parked in it. You can’t drive through it. What would change if we vacated thealley? Mr. Richardson stated when we first wrote the staff report it was fire access but aftertalking to the Fire Marshall I don’t know that there would really be any difference at this point.Commissioner Holland asked is parking there now illegal? Mr. Richardson stated yes.Commissioner Holland stated they can’t technically park there or build a ramp there. Mr.Richardson stated correct. Commissioner Holland stated hypothetically if there are rampsalready built and cars already parked there in all intent and purposes this has been vacated forsome time. We gave up on it a number of years ago. Mr. Richardson stated I don’t know thatit was given up on but it certainly hasn’t posed any issues. There has been communicationregarding those issues in the intervening time period but I think we’re past that at this point.Commissioner Holland stated you’re okay, the fire issue was the last issue and yourcomfortable that the Fire Department is going to be able to put out a fire. Mr. Richardsonstated yes. We still have some addressing issues to work through and other things but I thinkthat would probably - I think the fire issue has been eliminated after my conversation with theFire Marshall. Commissioner Holland stated I’m delighted to hear that.Mayor Pro-Tem Mendez opened the public hearing.The following appeared in opposition:Jerry Vest stated I definitely wouldn’t want your job up there after that last one becausesometimes you got to realize it does affect other people. This does affect me. I have 1313 StateAvenue, the building right beside him. I spent literally thousands of dollars on that alleywaywith building retaining walls. I used to be at 1310 Minnesota Avenue and I built retaining walls,put in dirt and asphalted it. When I bought 1313 State I did the same. I cannot even drive downthe alley. I haven’t been for three years. I used it for years. I’ve got a trash dumpster back therethat I haven’t been able to have dumped for three years. It still has trash in it from three yearsOctober 25, 2012

68ago because Deffenbaugh can’t drive back there and get my trash dumpster. The thing thatreally bugs me is the traffic in that alley is absolutely unreal. When I started my business in1988 and I bought 1313 I was able to drive through the side of my building. There are cars backthere all the time now. I cannot drive back behind the alley. I had a lawsuit with Mr. Kush and Ididn’t bring any of that paperwork but I brought it last month. I actually thought I was going tobe talking to the same people. I spent $33K in attorney fees to have a right to that alley. Thejudge went in my favor. I actually have access back there and it’s court ordered by the judge,$33K, I borrowed the money to pay the attorney now. I don’t think it’s fair. What really upsetsme when he opened the business up there I was excited for something to come in there because itwas prostitutes, drug dealing and what have you in 1315 State beside me. When they opened upthat business I was excited and I got along with the guy real well at first until his customersstarted parking on my property all the time and driving up through the side of my building to thepoint I could not drive on my own parking. Then we started having issues. Then they decidedthis building, this whole warehouse, remember warehouse, was designed with no entrance at allfrom the alley. It was a driveway from the upstairs on Minnesota Avenue down into thebasement. When Mr. Kush put this ramp up we had all kinds of problems, code enforcement,actually Major Ward was trying to get it shut for years. He said he couldn’t figure out why hecouldn’t do it. When I heard they were going to open up another business in there I calledPlanning and Zoning. I said I want you to think about this. He has no parking at all. 1315 isalready using my property for parking and please do not give him a permit to open this up.Abraham Neal at that time was the one who issued the city license and I talked to Abraham. Heis no longer there. I had called Planning and Zoning and expressed my concerns with no parkingand how it would affect me. They went ahead and opened it up. It’s been plum crazy since.Now I spent $33K and I cannot use my alley and I do have a court order to be able to use that. Atrash truck can’t go back there and I can’t go back there I don’t think it’s fair. Think about whatyou do.Mayor Pro-Tem Mendez closed the public hearing.Commissioner McKiernan stated I think Rob these questions are going to be as much for youas for anybody else. First of all we talk about this as a warehouse. We zone for warehouses at13 th & Minnesota. Mr. Richardson stated I believe that it is zoned industrial at least C-3 if notM-2. This building is zoned C-3 Commercial which is heavy industrial. CommissionerOctober 25, 2012

69McKiernan stated I share Commissioner Holland’s questions what do we gain by vacating this.It really seems to me we got two issues here, two maybe related, but separate issues. The pieceof the alley that is affectively blocked, correct me if I’m wrong on this, is the alley that’s to theeast. Mr. Richardson stated correct. Commissioner McKiernan stated the alley that is downunderneath the retaining wall. The parking that is blocked is actually up on State. The parkinglot that gets obstructed by some of the spillover from 1315 is on State. Mr. Richardson statedthat’s correct. Commissioner McKiernan stated I can tell you having seen both of those, thoseare very real, very legitimate problems that need to be addressed and need to be fixed. It seemsto me we have a separate issue before us tonight. That is the vacation of the alley that isaffectively the west half of the block that is up on the retaining the wall, is that correct, that’swhat’s before us tonight. Mr. Richardson stated correct. Commissioner McKiernan statedas Commissioner Holland stated that alley has effectively been vacated. Mr. Richardson statedcorrect, however, we’re not under any obligation to give up right-of-way and if we wanted tohold this over to help them resolve the other issues and say we will do this at some point in thefuture but you have to resolve the other issues first, that might be a way to go. CommissionerMcKiernan stated I’m not inclined to give up the right-of-way in this block. They may berelated but there are separate issues here. This is a right-of-way issue behind one set of buildingsand it seems to me that we should maintain the right-of-way to those buildings, they are largebuildings but we have this other issue that also needs to be addressed. It may be the sameprinciples that come together on both of these issues, I don’t know but that other one is real andit needs to be fixed.Commissioner Holland stated it seems like we need to send this back to work this out and askstaff to come up with a solution. You stated that you could get to this with a use agreement.That seems to satisfy all of the agreement and allows them to operate the business necessarily,allows the neighbors to be able to access their area and it allows us to retain the right-of-way. Iwould move to send this back.Action:Commissioner Holland made a motion, seconded by CommissionerMcKiernan, to refer back to Planning and Zoning. Roll call was taken andthere were six “Ayes,” Ellison, Holland, McKiernan, Murguia, Kane, Markley.October 25, 2012

70MAYOR PRO-TEM MENDEZ ADJOURNEDTHE MEETING AT 9:30 P.M.October 25, 2012tkCarol GodsilDeputy Unified Government ClerkOctober 25, 2012

STATE OF KANSAS ) REGULAR SESSIONWYANDOTTE COUNTY )) SS THURSDAY, NOVEMBER 15, 2012CITY OF KANSAS CITY, KS )The Unified Government Commission of Wyandotte County/Kansas City, Kansas, met in regularsession Thursday, November 15, 2012, with nine members present: Holland, Commissioner At-Large First District; Mendez, Commissioner At-Large Second District and Mayor ProTempresiding; 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, CommissionerEighth District. Commissioner Murguia, Third District; and Mayor Reardon were absent. Thefollowing officials were also in attendance: Dennis Hays, County Administrator; Jody Boeding,Chief Legal Counsel; Bridgette Cobbins, Unified Government Clerk; Doug Bach, Deputy CountyAdministrator; 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 ifthere were any revisions to the agenda. Bridgette Cobbins, UG Clerk, stated a blue sheet hasbeen distributed for a new item on the commissioner’s agenda regarding a travel request.MAYOR'S AGENDANo itemsCONSENT AGENDAMayor ProTem Mendez said the Consent Agenda includes all the items on the original agendaas well as the consent agenda on the blue sheet. Are there any set-asides on the Consent Agenda.There were none.

2ITEM NO. 1 – 120287…RESOLUTIONS: CMIP PROJECTS FOR 2013 AND ONGOINGPROJECTSSynopsis: Requesting approval of various resolutions submitted by Lew Levin, ChiefFinancial Officer. Schedule A: 2013 CMIP projects approved to be funded in the 2013 CMIPbudget. Schedule B: Ongoing projects per the CMIP budget requiring an increase in authorityand/or additional financing for the 2013 issue. On October 29, 2012, the Economic Developmentand Finance Standing Committee, chaired by Commissioner Holland, voted unanimously toapprove and forward to full commission.Action:RESOLUTION NO. R-71-12, “A resolution authorizing certain street, curb andsidewalk improvements and providing manner of paying for the same for 2013ADA Pedestrian Ramp Program 941-0813.” Commissioner Kane made amotion, seconded by Commissioner McKiernan, to adopt the resolution. Rollcall 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 streetimprovements and providing manner of paying for the same for 2013Arterial/Collector Resurfacing Program (941-0413).” Commissioner Kane madea 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 bridgeimprovements and providing manner of paying for the same for Priority BridgeRepair CMIP 2305.” Commissioner Kane made a motion, seconded byCommissioner McKiernan, to adopt the resolution. Roll call was taken andthere were eight “Ayes,” Ellison, Holland, Barnes, McKiernan, Maddox, Kane,Markley, Cooley.Action:RESOLUTION NO. R-74-12, “A resolution authorizing certain streetimprovements and providing manner of paying for the same for Central AvenueRehabilitation I-70 to 18 th Street CMIP 970-1202.” Commissioner Kane made aNovember 15, 2012

3motion, seconded by Commissioner McKiernan, to adopt the resolution. Rollcall was taken and there were eight “Ayes,” Ellison, Holland, Barnes, McKiernan,Maddox, Kane, Markley, Cooley.Action:RESOLUTION NO. R-75-12, “A resolution authorizing certain streetimprovements and providing manner of paying for the same for Dodson StreetLandslide Repair CMIP 970-1053.” Commissioner Kane made a motion,seconded by Commissioner McKiernan, to adopt the resolution. Roll call wastaken and there were eight “Ayes,” Ellison, Holland, Barnes, McKiernan, Maddox,Kane, Markley, Cooley.Action:RESOLUTION NO. R-76-12, “A resolution authorizing certain public buildingstructure, or parking improvements, and providing for the manner of paying for thesame 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:RESOLUTION NO. R-77-12, “A resolution authorizing certain public buildingimprovements, and providing for the manner of paying for the same for FireHeadquarters Building Window and Door Replacement CMIP 969-8004.”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-78-12, “A resolution authorizing certain public buildingimprovements and providing for the manner of paying for the same for Fire Station#15 Roof Replacement CMIP 969-8071.” Commissioner Kane made a motion,seconded by Commissioner McKiernan, to adopt the resolution. Roll call wastaken and there were eight “Ayes,” Ellison, Holland, Barnes, McKiernan, Maddox,Kane, Markley, Cooley.November 15, 2012

4Action:RESOLUTION NO. R-79-12, “A resolution authorizing certain public buildingimprovements and providing for the manner of paying for the same for Fire Station#18 Roof Replacement CMIP 969-8073.” Commissioner Kane made a motion,seconded by Commissioner McKiernan, to adopt the resolution. Roll call wastaken and there were eight “Ayes,” Ellison, Holland, Barnes, McKiernan, Maddox,Kane, Markley, Cooley.Action:RESOLUTION NO. R-80-12, “A resolution authorizing certain public buildingimprovements and providing for the manner of paying for the same for Fire Station#3 Roof Replacement CMIP 969-8070.” Commissioner Kane made a motion,seconded by Commissioner McKiernan, to adopt the resolution. Roll call wastaken and there were eight “Ayes,” Ellison, Holland, Barnes, McKiernan, Maddox,Kane, Markley, Cooley.Action:RESOLUTION NO. R-81-12, “A resolution authorizing certain street andproviding for the manner of paying for the same for Hutton and Leavenworth RoadIntersection Program CMIP 970-1609.” Commissioner Kane made a motion,seconded by Commissioner McKiernan, to adopt the resolution. Roll call wastaken and there were eight “Ayes,” Ellison, Holland, Barnes, McKiernan, Maddox,Kane, Markley, Cooley.Action:RESOLUTION NO. R-82-12, “A resolution authorizing certain public utilityimprovements and providing manner of paying for the same for IMSImplementation Program CMIP 963-6219.” Commissioner Kane made amotion, seconded by Commissioner McKiernan, to adopt the resolution. Rollcall was taken and there were eight “Ayes,” Ellison, Holland, Barnes, McKiernan,Maddox, Kane, Markley, Cooley.Action:RESOLUTION NO. R-83-12, “A resolution authorizing certain streetimprovements and providing for the manner of paying for the same for 2013Industrial District Repairs CMIP 941-0113.” Commissioner Kane made amotion, seconded by Commissioner McKiernan, to adopt the resolution. RollNovember 15, 2012

call was taken and there were eight “Ayes,” Ellison, Holland, Barnes, McKiernan,Maddox, Kane, Markley, Cooley.5Action:RESOLUTION NO. R-84-12, “A resolution authorizing certain streetimprovements and providing for the manner for paying of the same for Kaw DriveRehabilitation Program 970-1607.” Commissioner Kane made a motion,seconded by Commissioner McKiernan, to adopt the resolution. Roll call wastaken and there were eight “Ayes,” Ellison, Holland, Barnes, McKiernan, Maddox,Kane, Markley, Cooley.Action:RESOLUTION NO. R-85-12, “A resolution authorizing certain streetimprovements and providing for the manner of paying for the same forLeavenworth Road- 72 nd Street and 55 th Street Intersection Program CMIP 970-3109.” Commissioner Kane made a motion, seconded by CommissionerMcKiernan, 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-86-12, “A resolution authorizing certain streetimprovements and providing for the manner for paying of the same for MerriamLane-County Line Road to 24 th Street Program CMIP 970-1052.” CommissionerKane made a motion, seconded by Commissioner McKiernan, to adopt theresolution. Roll call was taken and there were eight “Ayes,” Ellison, Holland,Barnes, McKiernan, Maddox, Kane, Markley, Cooley.Action:RESOLUTION NO. R-87-12, “A resolution authorizing certain streetimprovements and providing for the manner for paying of the same for 2013Neighborhood Street Resurfacing Program CMIP 941-0213.” CommissionerKane made a motion, seconded by Commissioner McKiernan, to adopt theresolution. Roll call was taken and there were eight “Ayes,” Ellison, Holland,Barnes, McKiernan, Maddox, Kane, Markley, Cooley.Action:RESOLUTION NO. R-109-12, “A resolution authorizing certain streetimprovements and providing for the manner for paying of the same for Oak GroveNovember 15, 2012

6Road 53 rd to 55 th Program CMIP 970-1174.” Commissioner Kane made amotion, seconded by Commissioner McKiernan, to adopt the resolution. Rollcall was taken and there were eight “Ayes,” Ellison, Holland, Barnes, McKiernan,Maddox, Kane, Markley, Cooley.Action:RESOLUTION NO. R-88-12, “A resolution authorizing certain public park andrecreation facility improvements and providing for the manner of paying of thesame for Park Facility Roof Replacement CMIP 969-4426.” Commissioner Kanemade a motion, seconded by Commissioner McKiernan, to adopt theresolution. Roll call was taken and there were eight “Ayes,” Ellison, Holland,Barnes, McKiernan, Maddox, Kane, Markley, Cooley.Action:RESOLUTION NO. R-89-12, “A resolution authorizing certain public park andinfrastructure improvements and providing for the manner of paying of the samefor Pierson Lake Dam Study and Repair CMIP 971-4424.” Commissioner Kanemade a motion, seconded by Commissioner McKiernan, to adopt theresolution. Roll call was taken and there were eight “Ayes,” Ellison, Holland,Barnes, McKiernan, Maddox, Kane, Markley, Cooley.Action:RESOLUTION NO. R-90-12, “A resolution authorizing certain public buildingimprovements and providing for the manner of paying for the same for ReardonCenter Facility CMIP 969-8380.” Commissioner Kane made a motion, secondedby Commissioner McKiernan, to adopt the resolution. Roll call was taken andthere were eight “Ayes,” Ellison, Holland, Barnes, McKiernan, Maddox, Kane,Markley, Cooley.Action:RESOLUTION NO. R-91-12, “A resolution authorizing certain public park andrecreation facility improvements and providing for the manner of paying for thesame for Shelter 9 Roof Replacement CMIP 971-4427.” Commissioner Kanemade a motion, seconded by Commissioner McKiernan, to adopt theresolution. Roll call was taken and there were eight “Ayes,” Ellison, Holland,Barnes, McKiernan, Maddox, Kane, Markley, Cooley.November 15, 2012

7Action:RESOLUTION NO. R-92-12, “A resolution authorizing certain streetimprovements and providing for the manner of paying for the same for SouthwestBlvd Bike Lanes-Iowa to State Line Program CMIP 970-1295.” CommissionerKane made a motion, seconded by Commissioner McKiernan, to adopt theresolution. Roll call was taken and there were eight “Ayes,” Ellison, Holland,Barnes, McKiernan, Maddox, Kane, Markley, Cooley.Action:RESOLUTION NO. R-93-12, “A resolution authorizing certain street and trafficcontrol improvements and providing for the manner of paying for the same forTraffic Signal Replacement (PRIORITY), Program CMIP 970-3345.”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-94-12, “A resolution authorizing certain public park andutility improvements and providing for the manner of paying for the same forWyandotte County Lake Waterline Study CMIP 971-4425.” Commissioner Kanemade a motion, seconded by Commissioner McKiernan, to adopt theresolution. Roll call was taken and there were eight “Ayes,” Ellison, Holland,Barnes, McKiernan, Maddox, Kane, Markley, Cooley.Action:RESOLUTION NO. R-95-12, “A resolution amending Resolution R-67-11authorizing certain street and traffic control improvements and providing for themanner of paying for the same for Center City Traffic Signal Reconstruction,Program CMIP 3320.” Commissioner Kane made a motion, seconded byCommissioner McKiernan, to adopt the resolution. Roll call was taken andthere were eight “Ayes,” Ellison, Holland, Barnes, McKiernan, Maddox, Kane,Markley, Cooley.Action:RESOLUTION NO. R-96-12, “A resolution amending Resolution R-76-11authorizing certain sanitary sewage treatment facilities, and providing for themanner of paying for the same for Kaw Point Solids Dewatering RehabilitationProject CMIP 6199.” Commissioner Kane made a motion, seconded byNovember 15, 2012

8Commissioner McKiernan, to adopt the resolution. Roll call was taken andthere were eight “Ayes,” Ellison, Holland, Barnes, McKiernan, Maddox, Kane,Markley, Cooley.Action:RESOLUTION NO. R-97-12, “A resolution amending Resolution R-72-11authorizing certain street and traffic control improvements and providing for themanner of paying for the same for Dynamic Speedway Message Sign, ProgramCMIP 3344.” Commissioner Kane made a motion, seconded by CommissionerMcKiernan, 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-98-12, “A resolution amending Resolution R-89-10authorizing certain public building, structure, or parking improvements, andproviding for the manner of paying for the same for Memorial Hall CMIP 8667.”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-99-12, “A resolution amending Resolution R-141-09authorizing certain sanitary sewer facilities and sewerage system improvementsand providing for the manner of paying for the same for Muncie Creek InterceptorProgram 6189.” Commissioner Kane made a motion, seconded byCommissioner McKiernan, to adopt the resolution. Roll call was taken andthere were eight “Ayes,” Ellison, Holland, Barnes, McKiernan, Maddox, Kane,Markley, Cooley.Action:RESOLUTION NO. R-100-12, “A resolution amending Resolution R-81-11authorizing certain street and bridge improvements and providing for the mannerof paying for the same for Riverview Avenue Bridge over Turner Diagonal, CMIPProgram 2140.” Commissioner Kane made a motion, seconded byCommissioner McKiernan, to adopt the resolution. Roll call was taken andNovember 15, 2012

there were eight “Ayes,” Ellison, Holland, Barnes, McKiernan, Maddox, Kane,Markley, Cooley.9Action:RESOLUTION NO. R-101-12, “A resolution amending Resolution R-82-11authorizing certain street and bridge improvements and providing for the mannerof paying for the same for Shawnee Avenue Bridge over 7 th Street, CMIP Program2112.” Commissioner Kane made a motion, seconded by CommissionerMcKiernan, 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-102-12, “A resolution amending Resolution R-89-11authorizing certain main trafficway improvements and providing for the manner ofpaying for the same for State Avenue from 73 rd Street to 82 nd Street CMIP 1161.”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-103-12, “A resolution amending Resolution R-145-09authorizing certain street improvements, and providing for the manner of payingfor the same for State Avenue from 82 nd Street to 94 th Program CMIP 1199.”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-104-12, “A resolution amending Resolution R-83-11authorizing certain street and sidewalk improvements and providing for themanner of paying for the same for Southwest Boulevard Bike Lanes, Iowa Streetto 10 th Street Program CMIP 1293.” Commissioner Kane made a motion,seconded by Commissioner McKiernan, to adopt the resolution. Roll call wastaken and there were eight “Ayes,” Ellison, Holland, Barnes, McKiernan, Maddox,Kane, Markley, Cooley.November 15, 2012

10ITEM NO. 2 – 120307…RESOLUTION…PQ/ZEOLYST INTERNATIONAL IRBREQUESTSynopsis: PQ/Zeolyst International (a Kansas general partnership owned in part by PQCorporation) for EDX Abatement for multi-phased $80M manufacturing plant expansion at 1700Kansas Avenue. The expansion creates 33 new jobs and retains 80. The UG approved OrdinanceNo. O-47-10 on August 19, 2010, granting a 70% EDX abatement. Due to the structure of thegeneral partnership, COTA denied the use of the EDX. At this time, PQ Corporation isrequesting the use of IRB's to deliver the same tax abatement structure. The deal structure is thesame for the UG. On October 29, 2012, the Economic Development and Finance StandingCommittee, chaired by Commissioner Holland, voted unanimously to approve and forward to fullcommission.Action:RESOLUTION NO. R-105-12, “A resolution determining the intent of theUnified Government of Wyandotte County/Kansas City, Kansas, to issue itsIndustrial Revenue Bonds in the amount of approximately $52,000,000 to financethe costs of the amount of constructing, improving and equipping an industrialfacility for the benefit of PQ Corporation.” Commissioner Kane made a motion,seconded by Commissioner McKiernan, to adopt the resolution. Roll call wastaken and there were eight “Ayes,” Ellison, Holland, Barnes, McKiernan, Maddox,Kane, Markley, Cooley.ITEM NO. 3 – 120306…RESOLUTION/ORDINANCE: PUBLIC BUILDINGCOMMISSIONSynopsis: After discussion at the Economic Development and Finance Standing Committeemeeting on October 29, 2012, the Committee recommends that the composition of the PublicBuilding Commission be the following five persons: The Mayor/CEO, the Chair of the EconomicDevelopment and Finance Standing Committee, the County Administrator, the Chief FinancialOfficer, and the Chief Legal Counsel.Action: RESOLUTION NO. R-106-12 and ORDINANCE O-60-12, “Aresolution/ordinance be it resolved and ordained by the Board of Commissionersthat Section 2-462 of the Unified Government Code be amended to read the PublicBuilding Commission shall consist of five commissioners who shall be the personsNovember 15, 2012

11occupying the following positions: Mayor/CEO, Commissioner who serves as thechairperson of the Economic Development and Finance Standing Committee,County Administrator, Chief Financial Officer and Chief Counsel.”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.ITEM NO. 4 – 120308…ORDINANCE: PH APARTMENTS 332, LLCSynopsis: PH Apartments 332, LLC (Developer) has secured financing necessary toconstruct a $30M Class A 332 unit apartment complex on the north side of State Avenue at 122ndSt. Previously, the Board of Commissioners held a Public Hearing and adopted a Resolution ofIntent (R-25012) on March 15, 2012. The project will consist of 1 and 2 bedroom units. ThePILOT represents a 0% tax abatement; however there are provisions (PILOT escalators) withinthe agreement that will penalize the Developer for failure to meet prevailing wage and/or L/M/Wparticipation goals.Action:ORDINANCE NO. O-61-12, “An ordinance an ordinance authorizing the UnifiedGovernment of Wyandotte County/Kansas City, Kansas, to issue taxablemultifamily housing revenue bonds (Prairie Heights at the Legends Project), in oneor more series, in a principal amount not to exceed $30,000,000, for the purpose ofproviding funds to pay the cost of acquiring, improving, constructing, installingand equipping a commercial multifamily housing project, including land,buildings, structures, improvements and fixtures; authorizing the UnifiedGovernment to enter into a trust indenture; authorizing the Unified Government toenter into a lease agreement with PH Apartments 332, LLC; authorizing theUnified Government to enter into a bond purchase agreement in connection withsuch bonds, and authorizing and approving the execution of certain documents andthe taking of other actions in connection with the issuance of said bonds.”Commissioner Kane made a motion, seconded by Commissioner McKiernan,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

12Synopsis: Minutes from regular sessions of October 18 and November 1, 2012 and specialsession of November 1, 2012.Action:Commissioner Kane made a motion, seconded by Commissioner McKiernan,to approve. Roll call was taken and there were eight “Ayes,” Ellison, Holland,Barnes, McKiernan, Maddox, Kane, Markley, Cooley.ITEM NO. 6 - WEEKLY BUSINESS MATERIALSynopsis: Weekly business material dated November 1 and 8, 2012.Action:Commissioner Kane made a motion, seconded by Commissioner McKiernan,to receive and file and authorize fund transfers. Roll call was taken and therewere eight “Ayes,” Ellison, Holland, Barnes, McKiernan, Maddox, Kane, Markley,Cooley.PUBLIC HEARING AGENDAITEM NO. 1 – 120269…PUBLIC HEARING/METROPOLITAN REDEVELOPMENTDISTRICTSynopsis: Conduct public hearing to consider the Metropolitan Avenue Redevelopment DistrictProject Area 1 redevelopment project plan. The Argentine Betterment Corporation (ABC), thedeveloper, 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 thepublic hearing for November 15, 2012.Mayor Protem Mendez said we have two have two items under the public hearing agenda. Thefirst is consideration of the Metropolitan Avenue Redevelopment District Project Area 1Redevelopment Area Plan.Dennis Hays, County Administrator, said mayor protem, for the benefit of those in the audiencethe consent agenda has been approved by the commission. All items on the consent agenda wereapproved as presented.November 15, 2012

13Commissioner Holland said I was the chair of the sub-committee that has dealt with thisArgentine Betterment Corp., the development of the grocery store. We’re ready to open thepublic 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 Mendezsaid first we will hear opening comments from staff and the developer and then I’ll open it up forpublic comment.George Brajkovic, Economic Development Director, said as Commissioner Hollandmentioned, you’ve seen this project before and recently we’ve brought it back to the standingcommittee a couple of times to talk about the changes and those changes are what prompted thepublic hearing tonight.November 15, 2012

14TIF District: O-51-11 (Nov 17, 2011) NoChangesTo recap the project area and a little bit of the history the TIF district is highlighted on this aerialshot. This was approved by this governing body November 17, 2011. It does have two projectareas within the TIF district and there are no proposed changes to the district. You also approveda Community Improvement District for a portion of Project Area 1 in this TIF. There are noexpected or requested changes to that. The site plan for this again, this is an existing DollarGeneral, about a 15,000 square foot grocery store and it leaves an additional retail pad siteavailable. Again, recapping who’s there and who they’re bringing to the site. So what are wehere for tonight? Actually there are two things; conduct a public hearing to consider the TIFstructure changes and then if the governing body sees fit approval of the amended redevelopmentagreement. The TIF changes, originally this project contemplated both a property tax and a salestax increment. There’s no change requested on the property tax side, however on the sales taxside the amended plan request or removes the sales tax increment portion and instead is asking fora 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 wouldbe TIF eligible expenses at the site. That pretty much covers the TIF structure change. TheNovember 15, 2012

15amended development agreement that’s also part of this item here tonight revolves around thisproject. This project was originally a pay-as-you go TIF and the amended agreement is asking forGO bonds to back this project in an amount of approximately $1.6M two separate issuances. Onewould be serviced by the property tax TIF revenue and another service by the sales tax agreementand at the end of this presentation there’s a chart that shows sources and uses for this project. Iwanted to highlight all along there’s been the expectation and the commitment from the developerto 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 planeither.Sources & UsesThis 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 obviouslysales tax proceeds are represented there. We do have members of the development team heretonight to answer any questions and I’m not sure in terms of process if you would like them tocome up now and hear from them or if you would like to open the public hearing portion. MayorPro-tem Mendez said they can come forward.Korb Maxwell, Polsinelli Shughart Firm, said I’m appearing tonight on behalf of the ArgentineBetterment Corporation. I also have with me Mr. Tim Russell the Executive Director ofArgentine Betterment Corporation; Mario Escobar, with the chairman of the ArgentineBetterment Corporation; and Jeff Sharp with Ferguson Properties. I really want to keep it verybrief tonight only to say thank you for the hard work of the staff. Mr. Bach, Mr. Hays and all oftheir staff have been with us since the beginning, Mr. Holland and his standing committee as well.November 15, 2012

16We’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 wethink the process is going to be very worth it because at the end of the day we’re going to haveanother urban grocery here in Wyandotte County. I would stand for any questions of thecommissioners, 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 veryinteresting to watch this process kind of roll out the way that it has, but it’s been a learningprocess and we’re certainly glad to have you in our community and I’m certain that your serviceswill be called upon again. We’ve found the kind of found that little sweet spot for bringinggroceries to the urban core. Mr. Maxwell said thank you commissioner. I look forward to it.Mayor Pro-Tem Mendez opened the public hearingMike Caldwell, Chairman of the Friends of Kaw Point Park Inc., said I’m going to pass outmy items I’d like to talk about. Mr. Hays said this is agenda item number one regarding theMetropolitan 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 saidexcuse me. Mr. Hays said thank you sir. Is there anyone else here that wishes to speak on thepublic 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 ofWyandotte County/Kansas City, Kansas approving an amended redevelopmentproject plan within a redevelopment district (Metropolitan AvenueRedevelopment District Project Area 1.)” Commissioner Kane made a motion,seconded by Commissioner McKiernan, to adopt the resolution. Roll callNovember 15, 2012

was taken and there were eight “Ayes,” Ellison, Holland, Barnes, McKiernan,Maddox, Kane, Markley, Cooley.17Mr. Hays said we recommend that item number two public hearing two regarding Public LeveeRedevelopment District be held first sir. Mr. Brajkovic will you be able to present.Public Levee siteMr. Brajkovic said the Public Levee site, this item has been before the Economic Developmentand Finance Standing Committee as well. For those of you that may not be familiar with thePublic Levee site it is the area in red on this aerial. The property lines divided between thePhillips Petroleum site here on the north, obviously the Missouri River, the Kansas River andFairfax Trafficway. It incorporates Kaw Point Park and the existing levee structures are thebuildings the UG manages, Cold Storage which is defunct as of now and Lady Baltimore. TheLevee has a unique and interesting history and I won’t spend a lot of time on it, but in preparingfor tonight I thought just saying a few words about it.November 15, 2012

18It was dedicated September 28, 1859 and for any of you that have done property work it’snot often that when you go back and find where’s it recorded in the plat book that you’re inactually 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 UnionPacific was presented with an opportunity in 1937. Let me go back to 1936 the grain of elevatorswere constructed on the other side of Fairfax Trafficway. In 1937 Union Pacific Railroad had anopportunity with some funding to create what they were going to call a retail produce center. Agreat plan from what I can tell in reading those documents. The only problem was that for aboutseventy-five years there was a very similar product across the river in Kansas City, Missouri.Levee HistoryIn the 40’s you had the buildings constructed that you see on the left-hand side image here. Therewere tracks coming in and service. There’s Cold Storage and the buildings that are still there inexistence today.Levee HistoryNovember 15, 2012

19Later the Lady Baltimore building was added and you can see the roof line on the right hand sidekind of basically covering where those rail tracks were. In 1940 they decided they can’t moveforward with this project so there was an ordinance approved that basically the mayor entered anagreement with Minnesota Avenue Inc. to act as leasing agent for this site and it stayed like thisuntil 1976 at which point the city of Kansas City, KS took over full management andresponsibility of this site. So what are we here for tonight? Again two items, one is to conduct apublic hearing to consider the creation of the TIF district in this area and then secondly adopt theordinance, if you see so fit, that creates that district and as well approves a development and leaseagreement for the site with the development team that’s here tonight. The proposed district itpretty much mirrors the parcel image, that earlier aerial image, again that dividing line along theproperty between Phillips Petroleum, Fairfax except in this case the district line actually capturesall of the right-of-way along Fairfax Trafficway. The development team is here tonight and I’llintroduce them here shortly. It’s a group called Industrial Realty Group (IRG). In short they havea portfolio that has over 50 million square feet of industrial space. It’s one of the largest in theU.S. This is right in their wheelhouse. They specialize in getting areas like this that may beNovember 15, 2012

surplus property or underutilized and rejuvenating it. They like to do industrial manufacturingredevelopment. I wanted to highlight just a few of the projects that they’ve done.20McClellan Park – former Air Force BaseSacramento, CAMcClellan Park, it’s a former air force base in Sacramento, CA. Again they’ve leased more than5 million square feet of commercial space as part of this project and just has importantly createdover 8,000 jobs there. Downey Studios in Downey, CA, former NASA Aerospace Center 80acres full build out is expected to be over 2 million square feet of space.Canal PlaceNovember 15, 2012

21Canal Place in Akron, OH, I don’t know if this is going to sound familiar to anyone but it was aformer BF Goodrich site, vacant space didn’t meet any of the modern day industrial spacerequirements and they were able to convert it and do a high-end development.Redevelopment ProposalThe redevelopment proposal then for the Public Levee site, again this is an aerial that captures theLady Baltimore facility on the north end moving south towards the vacant parking area and KawPoint Park. The redevelopment plan is a phased plan. It would start here on the south end with aNovember 15, 2012

22new building about 100,000 square feet. The red arrows represent improved access to Kaw PointPark and that’s a commitment and I hope the developer will speak to their meetings that they’vehad with the Friends of the Kaw. I know they are here tonight as well.Proposed building imageTo give you an idea of what the proposed building images might be. I think what they’re sayingthis is a typical product for what they would see putting in a site like this.November 15, 2012

23Again, we’re considering the creation of a TIF district. I’m sure in your packet that you sawthatwe’re combining TIFwith IRBand maybesome of you are wondering howwe did that. Sothere’s asequencingeffect, youcreate a TIF district for the entire site. The TIF incrementgenerated from Project Area A and a possibleaddition they’ll do to Lady Baltimore and tractt B issufficient to cover anyTIF eligible expenses for the entire site. Oncethose expenses are incurredthe C andD areas will be removed from the TIF district and we’ll consider IRBstructure for taxabatementt for buildings that will be built there. The twoagreements that are before you tonightdevelopment agreement again, phased redevelopment ultimately culminating at a minimum of315,000 new squarefeet of industrial space, it’s a pay-as-you goTIF, prevailing wageandL/M/W are a component of this.They are listedthere. Thepenalty fornon compliance on bothof those isa 10% reductionin the overall incentive offeredto the project. Friends of the Kaw are represented inthedevelopment agreement insomuchthat the UG agrees todedicate $10,000 a year from theleasepayment over to Friends of the Kaw for use on the park itself. The lease agreement is the seconddocumentthat we are considering. It’s a 60-year termwith a one year option for a 39yearrenewal.The lease payment itself, the base rent, if you want to call it that, is a $300,000 paymentNovember15, 2012

24that starts immediately; well it starts January 1, 2013. That value would run through June of2025.There are provisions within the agreement that allow for reduction in that number ifdemolition’s occurring at the existing buildings and the new buildings are developed. In July of2025 moving forward, the agreement which is to price per acre which is roughly about $152,000annual payment and that has a 1% annual escalator. The lease agreement itself is a triple net leasemeaning the developer will be responsible for all costs associated with the site. In our discussionwith the standing committee there was concern with the existing not-for-profit tenants we had andthere’s a commitment from the developer to continue the current rate structure those tenants haveuntil such point that maybe the building they’re occupying in is part of the demolitionredevelopment cycle and commitment to 24-7 access to the park itself. This is the redevelopmentimage again and at this point assuming we follow suite with what we did with the first publichearing I’ll introduce members of the development team. Bruce Haas is here with IRG, with himis Tom Messmer and I think Peter Yancin.Bruce Haas, Senior Vice President, Industrial Reality Group, said I would also like to thankstaff George and Doug they have done a phenomenal job working with us. The rest of the team isTom Messmer, he’s with IRG and he’s in charge of our special projects. This is a very specialproject for us and so this is top of his list. He’ll be handling the construction and overalldevelopment. Peter Yancin is with Quadrell which is a sister company of ours which does theproperty management. He’s managing the Lady Baltimore site and will continue to manage theproperty for us.I’ll try to be very brief as well. We’re very excited about the project. IRG, we’ve beenaround for probably 35 years now. Those numbers are a little old. We actually have over 90million square feet. This project is exactly what we like to do, redevelopment subsequent to thosenumbers for example McClellan Air Force Base we’ve created over 10,000 jobs up there rightnow. Our concept on this project is to try to capture some of the newer users that need newbuildings 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 wehave 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 onebuilding for a long time and build buildings to suit for them as we go along. So the renderingsNovember 15, 2012

25you see in the site and the sizes you see are adjustable or we hope they are adjustable dependingon what type of users that comes along.In preparation for this we have met with Mike Caldwell, Friends of the Park, and areexcited about trying to work them into our program including certain naming rights and otherconcepts to help enhance the park including the access agreement there. We’ve also met withexisting tenants, because we know there’s a lot of anxiety as well. The ultimate goal for us is tonot lose any of the tenants that are there and the fourth phase of this is the redevelopment of ourbuilding the Lady Baltimore building and there’s about 70,000 square feet on the end there thatwe can redevelop and possibly add on to. The concept here is as we go along we demo the firsttwo buildings, the existing tenants there we work with them and move them over to the other twobuildings, 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 twobuildings at the same time we kick off the phase four. Hopefully we again build units in the LadyBaltimore building and keep moving them down the road into newer better facilities. That’s ourultimate 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 yougive me the numbers on your project you have right now? Can you give me the breakdown onyour numbers you have at your Lady Baltimore operation? Local, minority and women at yourcompany right now. Mr. Haas said we’re the owner of the property and so we have tenants in theproperty so if you want the breakdown of what our tenants employ. Commissioner Barnes saidno, no, no. Mr. Haas said if you’re asking for the breakdown of— Commissioner Barnes saidof your management, whatever involvement you have as far as employees are concerned at thatlocation. 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 youdon’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 Barnessaid so you just have one employee. Mr. Haas said he’s a contractor that works for us thatmanages the property. Commissioner Barnes said give me the numbers at your company rightnow then. Mr. Haas asked for IRG. Commissioner Barnes said yes sir. Mr. Haas said okaywe’re a very unique company— Commissioner Barnes said I’m just trying to get to― you sayyou’re a company without employees. I’m just trying to figure out what you’re doing. Mr. HaasNovember 15, 2012

26said we are a company with no employees. Let me — Commissioner Barnes said with noemployees 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 simplequestion. What’s your breakdown of the employees that you have here locally. Do you haveanybody here locally? Mr. Haas said we don’t employ anybody here locally. CommissionerBarnes said thank you. Mr. Haas said I will say that Peter’s got―Commissioner Barnes saidthat’s all I need.Mayor Protem Mendez opened the public hearingMike Caldwell, 5610 W 61 st Terrace, Mission, KS, said I have some handouts passing aroundfor you. I am the chairman and volunteer curator at Kaw Point Park and with Friends of KawPoint Park Inc., which is the board that works on the park, kind of born out of a group ofvolunteers. We’re really here to represent the Friends of Kaw Point Park and the many volunteerswho help build it over the last 10 years. It’s been a real herculean effort to get it done and thispark has been designated as the Lewis & Clark Historic Trail Site by the National Park Serviceand they tell us in their opinion the most outstanding site of its kind in the country. On the backof 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 thinkthis is a great project they want to do here, but we would like to address some of the issues herebefore a final decision is made. We’d like to know if plans are included to ensure ample parkingfor events and activities in the park. In the past we’ve had as many as 375 cars park out on thatgeneral area. The second thing would be we question the construction of slab concrete buildingsimmediately adjacent to and clearly visible from the park and want to know how this can bemitigated. 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 accessboulevards into and out of the park. Our park committee has long been planning to develop aninterpretive center in this general development site and would like to see this included in one ofthe developers buildings nearest the confluence. Item number 5, we would like the assurance thatthe developer IRG that they would commit to help in every way to ensure and enhance theintegrity of the Lewis & Clark Park at Kaw Point. This section of land is now a prime locationbecause it is adjacent to a beautiful historic park. We’d like this park to be protected andesteemed 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

27Commissioner Holland said I wish you’d have brought this list to us during the standingcommittee 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 incorporateinto 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 Iwould argue it’s one of the most blighted areas of our city right now. It’s an absolute eyesoredisaster right now. I think the slab concrete is going to be an improvement frankly over whatwe’ve got right now.One of the reasons I’m excited about it is because Fairfax is trying to raise its publicimage in terms of how it looks. I think having these brand new buildings at the entrance toFairfax is going to do more to raise the profile of Fairfax than any sign we could put up. In somerespects I think it’s great. I like the idea of murals on the walls. I don’t know if the IRGs’ everbeen creative next to a park before. I don’t know if that fits with your business plan to put muralson to that blue building right next to the park, it’d be kind of cool to have some murals there. Idon’t know. In an interpretive site maybe you could put a back patio out there that they could doan interpretive site. What I’d like to ask is if ―have you presented this to the developer beforetonight? Mr. Caldwell said we talked informally right after their hearing or get together that theyhad to inform the people of Fairfax what they were planning to do. Commissioner Hollandasked what was their response to your ideas. Mr. Caldwell said I received some maybe ifanswers and some that I didn’t think were so hot. I wasn’t just overwhelmed with the cooperativeside of it. Commissioner Holland said let me ask the developer. Can you respond? Have youseen this letter? Mr. Haas said we’ve met and I can respond to his points. CommissionerHolland 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 notforget is that this is a public levee and it must be respected that way. Mr. Caldwell, how muchmoney have you guys invested. Do you know Friends of the Kaw how much money you’ve spentat 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 inthe millions. We know it’s in the millions of dollars. Mr. Caldwell said it’s almost all volunteersand donations. An architect engineering firm estimated the amphitheater we built at about 2 ½million. Commissioner Barnes said yes sir, so we’re talking about millions of dollars of publicinvestment of public and private at this location that is a public asset to our community and we’reNovember 15, 2012

28approaching selling. I welcome IRG and I know you don’t understand this kind of thinking. Iwelcome you to our community. I’d like to have you here, the whole nine yards, but I am justappalled at the process that we went through to privatize a public levee. This has nothing to dowith you guys as your operation. Welcome to the city, but it’s how we do things internally thatwe actually embarked upon privatizing this process and I disagree with that process. Then at thesame time I don’t think that we should move forward unless these things are answered. This righthere is a great investment on behalf of many people and we need to protect that investment that’sbeen made at the park location down there. Here they are the closest neighbor to the process andhaving to continue to operate around whatever they’re proposing at the time. I think they shouldbe satisfied and I think that if you’re going to acquire a public asset or public levee in ourcommunity that you should respect the public portion of it and the public portion of it is theinvestment 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 greatestinvestment in the area. We thank you for taking out the blight, thank you for bringing whateveryou’re going to bring to our community, but we ask that you respect us in the process and if this isnot answered I don’t think that respect is in place.Commissioner Ellison said I go back quite a ways with the Fairfax Industrial District. About1942 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 newGM plant. At one time the Fairfax Industrial District was I believe the first or second largestindustrial in the state of Kansas. It was kept out of the city limits up until the middle 60s I believewhen it was annexed. There were jobs galore with Gustin-Bacon, Packaging Corporation ofAmerica and a check printing company.I remember them laying the first bricks for the Sunshine Biscuit plant. I rememberworking with the Harry Darby fabrication plant which made boxcars in Fairfax. I rememberwhen I-35 came along. The new buildings that were built in the corridor in Lenexa basicallyrobbed Fairfax of the substantial tax base that we had and it became a part of the city after it hadbecome rundown and that’s the current state that it’s in now. I like the mouth of the Kaw River. Ilike the boat ramp there. I like those things and that’s fine that we honor Lewis & Clark forpitching a tent there and that’s good, I’m a historian so I’m well aware of that, but I’m also awareof the fact that we’ve lost major industry from this town. When Lady Baltimore pulled out, INovember 15, 2012

29remember when Fairfax was very vibrant. I remember when it was platted. I remember when thecompanies were built down there.That’s where we used to go to teach our kids how to drive; matter-of-fact I learned todrive in Fairfax. It was an open field is all it was and we get someone who comes along whowants to redevelop and I think there’s a place for both which I admire. I can remember WorldWar 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, andthe mechanical parts of those buildings nobody’s going to move in there until it’s redeveloped andthat’s what we need. From my experience as to what’s happened there I encourage the developersto go in whether—you know the grain elevator. We talked about public land. That grain elevatorfrom the river has not worked. I’ve never seen it work. The grain elevators that stand on the westside of Fairfax Trafficway I guess they still put grain in them. I think it’s a way to get it startedon that south end of Fairfax, work our way back to the old Fairfax Bridge. I remember when thatwas a toll bridge, the second one wasn’t even there. We need particularly with the developmentin Riverside, that new industrial park, we’re going to have to do some stepping if we’re going toeven keep up. I encourage the developers to go in and rehab that place.Chuck Schlittler, Executive Director of Fairfax Industrial Association, 3250 BrickerhoffRd., said I’m going to refer to you as Thomas and Peter because I can’t remember your lastnames gentlemen and I apologize for that. I was able to meet those gentlemen this morning. Ihave appeared before you a number of times about different issues and I hope one thing you havealways heard me either head toward or talk about is the ability to connect dots and to workcooperatively together and I believe that IRG presents another partner in which the UG ourassociation and others can work including Kaw Point Park. I think we can find some very, verycommon ground and be able to begin the redevelopment process that’s very, very vital for theFairfax District. We work closely in hand as you know with KCK Chamber and I believe ourjoint committee to the Fairfax Advisory Committee would echo my statements this evening. Weencourage you to have a positive outlook on this issue and look forward to the partner that will beadded 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 toimpede any progress nor defy the project, but we would like to just emphasize that there aretenants such as us that have been here some at different lengths of time, but we have been theNovember 15, 2012

30ones that have been supporting the Levee for the last number of years and we simply would liketo ask you to make sure that during this process that we are favorably dealt with in whatevertransition would be taking place. We did receive a notice that was written on October 25 th . Wereceived 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 toattend so we are here really with very little information other than what we’ve seen here thisevening. 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 relocatedwithin the complex which is fine, but what are the financial ramifications of that. Are we goingto get favorable lease rates that at least are as good as what we have now or better? How are wegoing to get all of our equipment moved? That’s an expensive proposition, more just laying outto you that we please ask the council to consider working with this group to make sure that thecurrents tenants are dealt with very fairly.Commissioner Kane said the two guys Thomas and what’s the other guy’s name. One of youguys or either one of you we’re here right now and we know that you have an outstandingbackground that you know how to do this type of business so we’re going to assume that youknow how to work with Friends of the Kaw and the tenants. I think that getting short notice likethat; I can’t do anything on a two days notice. I think you guys, after we get making our vote oneway or the other, need to make a genuine effort in closing the gap with the Friends of the Kawand your tenants.Mayor Pro-Tem Mendez closed the public hearingCommissioner McKiernan said I just want to echo what Commissioner Kane just said. I am alittle concerned to hear about short notice. I’m a little concerned to hear about lack ofcommunication. We can’t have that in a project of this size with people who have been as yousay, supporting that area over the past however many years it is. We cannot have that. We haveto talk, we have to communicate, and we have to be partners so I am just going to echo whatCommissioner Kane said and ask that you please be partners with every interested party that isalready there.November 15, 2012

31Commissioner Barnes said mayor pro-tem, normally we would get them to come to the podiumto get them to read that into the record, that is what their intentions are. What we’ve had is arequest from two commissioners, but we have not had a response from them and I would certainlylike to get that response on the record if that is what their intentions are. That is obliging theindividuals from the Kaw and certainly being amenable to the current tenants. Can you say thatfor the record?Commissioner Holland said I want to hear from this gentleman. Come on forward. Yes, I’d liketo hear your response―I was waiting to hear a response to the Friends of the Kaw, but I’d alsolike to hear a response to the gentleman about the two days notice for a meeting. Mr. Haas saidthe two days notice for the meeting I was not aware of when the notices came out so I apologizefor that. We did schedule the meeting, we came out here, actually all of IRG came out here andwe had a meeting with all the tenants, subsequently Tom and Peter have tried to meet with thetenants. We actually view this as an incredibly favorable for the tenants in terms as working withthem. Right now most of them are on a month-to-month lease, you can’t—it’s very difficult torun 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 theirbusiness 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 tenantsindividually especially the ones that―there’s a tenant there that has a reactor that I think Tom hasmet with because he’s very concerned about moving over. We’re trying to be very proactive withthe tenants. I apologize for the late notice. We’d love to meet with you afterwards so I apologizefor that.Regarding Kaw Point this is a little more difficult of a point because we understand all oftheir needs and agree with their needs. I can’t build them an interpretive center. I don’t have thatkind of money, but in terms of working with our development we’d love to do that. We’rethrowing around names right now. One of the names we wanted to work with the city on andcommunicate was maybe Kaw Point Industrial Park or something along those lines as long as itdoesn’t offend the Fairfax District people signifying the importance of that. We have producedbeautiful murals on the building. If anybody goes on our website and looks at our Downeyproject 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 anddoesn’t want murals, really we have to work with the tenant first and that’s really what’s drivingNovember 15, 2012

32this development is trying to find users and manufactures and employment. I’d love to work andhave murals on it and we have done that before, Tom I think actually brought some images ofmurals we’ve done on buildings. Parking is a delicate subject because we’d love to work withthem on parking. There is parking in the area where they can run shuttles, but again a lot ofmanufactures want very secure areas and they want their sites fenced off and they want to havesecurity, especially today’s manufactures and the hi-tech manufactures, the type everybody wantsare 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 thispark looks like without knowing what type of users and what type of manufactures we’re going toget there and I apologize for that. It’s not an unwillingness to work with the park and we mostcertainly have addressed his ingress and egress issue. We met earlier we do have a commitmentto work with the parks. I’ve built soccer fields in Newton, Iowa. We have baseball fields inSummerfield, 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 thataddresses the questions.Commissioner Kane said George could you get up here for a second. Is that enough to say he’sgoing to commit to that? Mr. Brajkovic said I can’t put words in their mouth but what we’veseen and their reputation as a developer they’ve answered as honestly as they can. Ultimately ifthe goal is to redevelop the site with new industrial users that create jobs and I think if that’s theconsensus that is the target goal of this redevelop and it would be nice to have murals if thattenant is willing to have that on theirs, I think that is what they’ve committed to. CommissionerKane said put the two things we need to vote on back on the board please. Mr. Brajkovic saidthe what. I’m sorry. Commissioner Kane said the two proposals. Mr. Brajkovic said the leaseagreement and the development agreement are the two items we had tonight. CommissionerKane said the first motion needs to be on the public hearing regarding the creation of the TIFdistrict, correct? Mr. Brajkovic said the ordinance itself would accomplish everything. The twoitems where you had to conduct a public hearing, open and close that, then if you’re ready to voteon something the ordinance creates the TIF district as well as approves the development and leaseagreement.Action:ORDINANCE NO. O-62-12, “An ordinance making certain findings andestablishing the Public Levee Redevelopment District.” Commissioner KaneNovember 15, 2012

33made a motion, seconded by Commissioner McKiernan, to approve theordinance. Roll 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 thisevening during the public hearing that there be a dialogue as soon as possible between the partiesand that information be reported back to the Unified Government so that we can incorporate thatand get that information to the commission. I think the staff has worked very hard with you all onthis project; there are issues that have come forth this evening that were not clear answers. Weunderstand there may not be final commitments that you can make at this time, although this itemwill come back before the commission in future time for issuance of IRBs and we would certainlyencourage you to have issues addressed clearly so that the commission knows where tenants andwhere your adjacent partners are on these issues. We appreciate your investment and the projectis moving forward.STANDING COMMITTEES' AGENDANo itemsADMINISTRATOR'S AGENDANo itemsCOMMISSIONERS' AGENDAItem No. 1 – 970105…TRAVEL REQUESTSynopsis: 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 votedto hold this item over to the next meeting.Action:Commissioner Barnes made a motion, seconded by Commissioner Kane, toapprove. Roll call was taken and there were eight “Ayes,” Ellison, Holland,Barnes, McKiernan, Maddox, Kane, Markley, Cooley.November 15, 2012

Mayor Pro-tem Mendez adjourned the meeting as the Board of Commissioners and reconvenedas the Land Bank Board of Trustees.34LAND BANK BOARD OF TRUSTEES' CONSENT AGENDAItem No. 1 – 120286…COMMUNICATIONSynopsis: Communication requesting consideration of the following applications, submitted byChris Slaughter, Land Bank Manager. The Land Bank Advisory Board has recommendedapproval of the applications. On October 29, 2012, the Neighborhood and CommunityDevelopment Standing Committee, chaired by Commissioner Holland, voted unanimously toapprove and forward to full commission.Side-Lot Applications849 Troup Ave. - Anthony Curnal1216 Rowland Ave. - Harry Hughes734 N. 49th St. - Winfred Anderson828 N. 49th Terr. - Winfred Anderson828 R N. 49th Terr. - Winfred Anderson759 Miami Ave. - Leo Becker2031 Chester Ave. - Rebecca Hutton820 S. 9th St. - Lloyd Ramirez1211 Georgia Ave. - Maria Jacobo2706 N. 8th St. - Broderick Henderson2708 N. 8th St. - Broderick Henderson3100 Farrow Ave. - Charlie BraxtonBuildable Applications1977 N. 30th St. - Lee Brooks for speculatorBest and Final743 Waverly Ave. - Antonio Valles for yard extension; Edith Donley for yard extension(Advisory Board recommended approval for Ms. Donley.)Transfers from Land Bank500 Freeman Ave. - UG(This property was part of the Urban Renewal project and needs to be placed back intooriginal name.)1138 Quindaro Blvd. to UG1140 Quindaro Blvd. to UG1142 Quindaro Blvd. to UG1154 Quindaro Blvd. to UG2212 Quindaro Blvd. to UG(The Quindaro properties will be developed using NSP3 funds and the UG will controlNovember 15, 2012

35properties during construction with a lien.)Donation to Land Bank5017 R Georgia Ave. from Mary MeekAction:Commissioner Holland made a motion, seconded by Commissioner Kane, toapprove. Roll call was taken and there were eight “Ayes,” Ellison, Holland,Barnes, McKiernan, Maddox, Kane, Markley, Cooley.MAYOR PRO-TEM MENDEZ ADJOURNEDTHE MEETING AT 7:56 P.M.NOVEMBER 15, 2012Bridgette CobbinsUnified Government ClerktpNovember 15, 2012

STATE OF KANSAS )WYANDOTTE COUNTY )) SS SPECIAL MEETING, MONDAY, DECEMBER 3, 2012CITY OF KANSAS CITY, KS )The Unified Government Commission of Wyandotte County/Kansas City,Kansas, met in a special meeting, Monday, December 3, 2012, with nine memberspresent: Holland, Commissioner At-Large First District; Mendez, Commissioner At-Large Second District and Pro-Tem presiding; Barnes, Commissioner First District(arrived at 5:02 p.m.); McKiernan, Commissioner Second District; Maddox,Commissioner Fourth District (arrived at 5:02 p.m.); Kane, Commissioner Fifth District;Markley, Commissioner Sixth District (via telephone); Cooley, Commissioner SeventhDistrict; and Ellison, Commissioner Eighth District. Murguia, Commissioner ThirdDistrict; and Reardon, Mayor/CEO; were absent. The following officials were also inattendance: Doug Bach, Deputy County Administrator; Jody Boeding, Chief LegalCounsel; Bridgette Cobbins, Unified Government Clerk; and Gary Ortiz, AssistantCounty Administrator.MAYOR PRO-TEM MENDEZ called the meeting to order.ROLL CALL: Holland, McKiernan, Kane, Markley, Cooley, Ellison, Mendez.NOTICE OF SPECIAL MEETING of the Unified Government of WyandotteCounty/Kansas City, Kansas, to be held Monday, December 3, 2012, at 5:00 p.m. in the6 th floor training room of the Municipal Office Building regarding Project Area 1 of theMetropolitan Redevelopment District.CONSENT TO MEETING of the governing body of Wyandotte County/Kansas City,Kansas, accepting service of the foregoing notice, waiving all and any irregularities insuch service and in such notice, and consent and agree that we, the governing body, shallmeet at the time and place therein specified and for the purpose therein stated.

2George Brajkovic, Economic Development, said as you may recall November 15,2012; the Unified Government Board of Commissioners approved an amendedredevelopment agreement for Project Area 1 of the Metropolitan Avenue RedevelopmentTIF District. Part of that amended plan switched the project going from a pay-as-you-goproject to a project that would be bonded. There are a series of events that need to occurfor you to consider the bonding of that. The first is what is before you tonight which is aresolution to call a public hearing to consider a revised TIF Redevelopment Project Plan.The reason for that is the original redevelopment plan, although it did contemplate theuse of bonds, it called out specifically the use of Special Obligation Bonds and throughthe negotiations on this redevelopment proposal it’s actually contemplating the use ofGeneral Obligation Bonds. We revised that TIF Plan and that is what we’re asking youto consider tonight is approving the resolution to hold the public hearing on that thisThursday, December 6, 2012.Mayor Pro-Tem Mendez said is that the only modification? Mr. Brajkovic said yes.Action: RESOLUTION NO. R-110-12, “A resolution of the Unified Government ofWyandotte County/Kansas City, Kansas determining that the UnifiedGovernment is considering adopting a redevelopment project plan within aRedevelopment District in the City of Kansas City, Kansas, establishing the dateand time of a public hearing on such matter and giving notice of such publichearing, Metropolitan Avenue Redevelopment District Project Area 1.”Commissioner Kane made a motion, seconded by CommissionerMcKiernan, to adopt the resolution. Roll call was taken on the motion andthere were eight “Ayes,” Holland, Barnes, McKiernan, Maddox, Kane,Markley, Cooley, Ellison.December 3, 2012

3MAYOR PRO-TEM MENDEZ ADJOURNEDTHE MEETING AT 5:05 P.M.dtBridgette D. CobbinsUnified Government ClerkDecember 3, 2012

STATE OF KANSAS )WYANDOTTE COUNTY )) SS SPECIAL SESSION, THURSDAY, DECEMBER 6, 2012CITY OF KANSAS CITY, KS )The Unified Government Commission of Wyandotte County/Kansas City,Kansas, met in special session, Thursday, December 6, 2012, with eleven memberspresent: Holland, Commissioner At-Large First District (arrived at 5:11 p.m.); Mendez,Commissioner At-Large Second District; Barnes, Commissioner First District (arrived at5:05 p.m.); McKiernan, Commissioner Second District; Murguia, Commissioner ThirdDistrict (arrived at 5:05 p.m.); Maddox, Commissioner Fourth District (arrived at 5:05p.m.); Kane, Commissioner Fifth District; Markley, Commissioner Sixth District;Cooley, Commissioner Seventh District; Ellison, Commissioner Eighth District (arrivedat 5:05 p.m.); and Reardon, Mayor/CEO; presiding. The following officials were also inattendance: Doug Bach, Deputy County Administrator; Jody Boeding, Chief LegalCounsel; Bridgette Cobbins, Unified Government Clerk; Gary Ortiz and GordonCriswell, Assistant County Administrators; Bob Roddy, Director of Public Works; LewLevin, Chief Financial Officer; Kenneth Moore, Deputy Chief Counsel; Mike Tobin,Deputy Director of Public Works; Bob Evans, Director of Emergency Management;Sharon McMillan, Commissioner Liaison; Janet Leverich, Administrators Office, TimNick, Public Works; Pam Curtis, Mayoral Aide. Others present were Tom Lynch, BPU;and Angie Lawson, Outside Legal Representative.MAYOR REARDON called the meeting to order.ROLL CALL: Mendez, McKiernan, Kane, Markley, Cooley, Reardon.NOTICE OF SPECIAL MEETING of the Unified Government of WyandotteCounty/Kansas City, Kansas, to be held Thursday, December 6, 2012, at 5:00 p.m. in the9 th floor training room of the Municipal Office Building for Snow Operations and RadioProject, followed by an executive session regarding end of year miscellaneous update andlitigation. Mayor Reardon said I’m going to amend the Call to allow Doug Bach to

2make a brief update on part of our casino development agreement with respect todistribution of funds to the school districts.CONSENT TO MEETING of the governing body of Wyandotte County/Kansas City,Kansas, accepting service of the foregoing notice, waiving all and any irregularities insuch service and in such notice, and consent and agree that we, the governing body, shallmeet at the time and place therein specified and for the purpose therein stated.Doug Bach, Deputy County Administrator, said first I want to say that Dennis Hays isout this evening and was recognized today by the Kansas Association of City Managersfor receiving the Buford T. Watson Award. In our profession this is an award from thepeers in the city managers profession where they nominate and elect somebody from theState of Kansas. It is what I would say is probably the highest award we give out and Ithink Commissioners Cooley and Mendez could attest to that knowing where this comesfrom.Mr. Bach said on the charitable contributions we have a $500,000 designation that wasto be given out to the three non hosts’ school districts and they were to enter into aninterlocal agreement with us for how they would distribute that money. The Mayor, LewLevin, Mike Grimm and myself have been meeting with the superintendents to talk abouta formula they could use and through that we came up with an evaluation formula thatlooked at the fact that USD 500, while they were deemed as a non host district, they weresharing a little bit of the money as having part of the property run through their district.A formula was devised that gave them some credit for that and then divided up the rest ofthe money based on valuations within school districts and the student population counteach year. That interlocal agreement, we sent out a form that everybody seemed to be inagreement with earlier this week. There should be copies of that document in your boxso you have a copy of what was sent to them and we believe that Turner, Piper and USD500 will all take that to their boards over the next month. If they all approve it, as webelieve they will, then it will come back to you all for final approval.December 6, 2012

3Snow Operations Update:Mike Tobin, Deputy Director of Public Works, said even though we didn’t have muchsnow last winter we’re here to tell you we are ready no matter what happens. We havenew trucks, new plows, new sanders and we have plenty of material. Mayor Reardonasked how many new trucks? Mr. Tobin said we have ten new trucks. When we get thecall from our private weather service we go out and the whole county is divided intoabout 230-240 routes and we put out 55 trucks and call in about 85 employees at thatpoint between Fleets, Parks and the Street Department. Most are from the Street Dept.Parks still have their routes they take care of and do a good job for us. As you know wehave been doing this a long time and we feel very comfortable about our snow trainingeven though we didn’t have much practice last year.Even though the winter was easy last year we still bought the material and all that salt isin covered storage and will be available for this winter and that is where the real savingscomes in because we didn’t have to buy that this winter. We bought very little salt thisyear. We did buy some just to make sure we had enough because we will run roughlybetween 12,000 and 14,000 tons of material between salt and sand to go through a normalwinter because normally we run about 20 storms and have somewhere around 25 and 30inches of snow and we spend between $500,000 and $600,000 total on snow removal.Obviously last year that was much less and the big savings was in overtime and the nonpurchase of materials for this year. We feel real good about the new trucks too.Mayor Reardon said how old are the trucks you retired or how many miles were onthem? Mr. Tobin said of the trucks we retired five of them were from the 80’s and theother five were from the early 90’s and those trucks have a lot of miles and hours onthem. Mayor Reardon said so we’re not buying new trucks every two years. Mr.Tobin said no, with that gap where we took the time off, that kind of put us behind butwe’re getting caught up.Commissioner Kane said do you know how much money we’ve saved so far this year?Mr. Tobin said it’s hard to say so far this year. We don’t get a lot of snow in NovemberDecember 6, 2012

4usually or anyway we haven’t the last 10 or 15 years but I would say through that wholewinter we probably saved around $400,000 even with the salt purchase. The big savingswas in overtime.Commissioner Murguia said I saw the trucks today and they are great. I actually wentto the site we have on Shawnee Drive and saw the trucks and you had salt delivered buthardly any just because of what you said and the guys were stacking it under cover. Mr.Tobin said 47 th & Shawnee is our largest salt source. Commissioner Murguia said Isaw the new trucks next to the old trucks, money well spent.Mr. Bach said go over how you go out from the first routes you hit, the primary ones,and then you move into the secondary routes. Mr. Tobin said as you know the StreetDepartment works 24/7 365 days. We always have somebody on the clock and any givenwinter night regardless Christmas, it doesn’t matter, we have somebody on the clock andwe have a fulltime weather service that sends us messages as to what is going on. If weget the call from them, when we get ready to go out, these are the routes that go out first(referencing a map). We have 33 hot routes and these are the primary routes in the wholecity and they are spread out. Every individual nook and cranny has its individual hotroutes. Mr. Bach said how long does it take you to run those primary routes with atypical snow? Mr. Tobin said with a typical snow we can get through those in two hoursand that includes the call in time. In two to four hours we want to be through the hotroutes and secondary both. Mayor Reardon said if it’s not a significant snow continuingto accumulate. Mr. Tobin said correct. Most of our snows are two to three inches andthey are somewhat wet. When we get more than that it’s a different deal but we can getthrough these in a hurry. That first map you saw, the neighborhood map that is the onethat takes all the time. The best we’ve ever done getting through all the neighborhoodroutes is eight hours. The conditions were perfect and we were throwing straight salt andwe were fully staffed.Plowing changes the whole thing. To give you an idea of what the costs are, in a normalcircumstance it is going to run about $2,500 an hour and if the snow hits five or sixDecember 6, 2012

5inches and keeps coming and we have to plow, then you are talking about $5,000 anhour. Mayor Reardon said do you do pre-treating? Mr. Tobin said very little andmostly that is a budget factor. Pre-treating products are very very expensive and we usethem and they do work and most of them are liquids, it’s actually environmentally soundand basically it’s a corn based product. It’s called Ice Kill or something like that and westopped using it because to treat the city once is about $7,000 because we do all thebridges and overpasses. It takes three trucks to do that and takes two hours. It just is notcost-effective. It’s kind of like you see stuff in the paper from Johnson County and Iknow some of our utility companies have it too about GPS in all their trucks and have allthese fancy maps and shows where the trucks are. If you guys want GPS, give me thatmoney so I can buy new trucks.Radio:Mayor Reardon said some of you are aware of this because it was at StandingCommittee on Monday night but it’s a project that deserves a presentation in and of itselfand this is the radio upgrade project for the county. Bob Evans is sort of leading thecharge on this but there are other team members that are here also.I will note on tonight’s agenda there are two items that would be for approval for us thatwould essentially approve the financing of this $25 million project on the county side ofthe budget. This is a significant expenditure of Capitol dollars for us.Bob Evans, Director Emergency Management, said there are a number of people hereas part of a project team. It is a collaborative project with the Board of Public Utilities.Tom Lynch is present. He has been the Product Manager for the BPU for system and wehave worked together for the last 2.5 to 3 years to bring the project to a point where it canbe approved. Angela is also here to keep us in good form and Lew for the financial part.December 6, 2012

6Next Generation Radio Systemfor Wyandotte CountyMr. Evans said the radio system as you know is a joint system. We did that 20 years agoas an interlocal agreement to centralize 9-1-1 and dispatching so the city and countyconsolidated all of their dispatch into one dispatch center and there is one dispatch center,single dispatch, single 9-1-1 and single radio system. The radio system is from BPU andthe city merged and was brought up to what was a standard 800MHz what was then astandard analog system.December 6, 2012

7County Coverage Map95% Reliability toPortable Antenna at HipDAQ 3.4Purple Outline- Cities 10dB Service AreaNo Outline- On Street CoverageMr. Evans said the system as currently operated is beyond the useful life. At this pointthe equipment is supported by Motorola but it’s a Motorola system for all of the metrobut literally stuff has to come off the back shelves and we’re at a point where the basicsystem for dispatch and for the radios are out of standard. The standard has changed andwe’re going with the digital system that has been adopted by the rest of the metropolitanarea. It will cover the entire county. We currently have three towers designed andproposed right now to go to five towers. So there is a new tower that is proposed in thevery northwest part of the county, a substation at Leavenworth Road to improve thecoverage in the northern half in the northwest part of the county. In addition, as part ofthis agreement, we designed an agreement with Johnson County to mount our equipmenton their tower on 435 so we don’t have to have another tower but it covers up to KawDrive in the south part of the county coverage area. We would go up to the five towersplus the essential tower. The standard would be the same for officers on the streetthroughout the entire county.December 6, 2012

8MARC RegionPlatteClayRayLeavenworthWyandotteKCJohnsonJacksonMaster SitesCassThe entire metro has a system of systems and so it’s all digital, it’s all a national standardand at this point Platte just went hot last week with their brand new system. Kansas City,Missouri was up six months ago and at this point, Jackson County is coming up andJohnson County is fully up right now. Leavenworth is also on the same kind of radiosystem but they joined the State of Kansas, same network, same standards and we cantalk to them also. What happens is we’re kind of filling in the door hole right now so wehave the advantage of knowing that the rest of the system is designed and in our case weactually have an agreement with--because it’s a digital system that works like a computer,we would actually connect to Johnson County. As you can see there is a star in JohnsonCounty and North Kansas City, Missouri. Those are the big computers. The radionetwork is somewhat computerized right now and so everybody gets to that mastercomputer.Basically the Kansas side goes to Johnson County and the Missouri side has contractsunder a regional approach like 9-1-1 to the KCMO tower. The reason they do that is youcan use a radio anywhere in the entire metropolitan area in a system so you don’t have tobe in Wyandotte County. We have a taskforce supporting Johnson County in the southpart, we’re touching their towers. If they send equipment into us on a mass casualtyDecember 6, 2012

9incident at the Speedway or in the Legend’s area, all that equipment that’s coming in ison the same network and the master sites actually know that it’s okay for those rigs to useour towers to work in our area, inter-optical talk groups, lots of new talk groups, goodcommunications, digital based, icing well with the new CAD system that police is puttingin place next year and will tie-in with the voice recording system that was put into placethis year by police and dispatch. All of those interconnects will work so that informationis all available to the dispatch and after the calls to analyze what has occurred so we’rekind of filling in the donut hole at the point.Mr. Evans said what happens is they build these things in rings. This is the Kansas City,Missouri original ring. You can see these gray boxes what they call PSAP, that’s a 9-1-1center. These 9-1-1 centers are also connected to those master site computers at thispoint so these other cities have contracts with Kansas City, Missouri through themetropolitan what they call MARRS Radio Systems so they built a metro system just like9-1-1 for radios, set standards, set standard pricing, handle all the maintenance and all theoverhead for everybody to share a regional system. We would join that system, make anannual fee and we would be able to join the entire network. Platte County, KCMO is up,Cass County is coming, Independence was up first and has actually been changed over toDecember 6, 2012

10the new format and Johnson County is up. Leavenworth west of us and Douglas are bothup but are on the State system right now.Mayor Reardon said so we’re last in the metro to make this change. Mr. Evans said wewill beat Cass Co. we think fully up and operational but we’re coming up together.Commissioner Barnes said do we still pay a charge? Mr. Evans said we pay a chargethat is set metro wide so what happens is we don’t—because we’re building our ownsystem and our own system will operate on its own so we have the ability whether any ofthis other stuff works, our police and fire staff can work on their radios. Because we putour own towers up we’re just paying for a connection fee so the actual connection fee iswhat they call port charge and I think we’re going to pay two so we’re going to pay about$20,000+ a year to join the entire metro in terms of cost. Commissioner Barnes saidthere used to be a charge every time we called to check a license plate. Mr. Evans said itwouldn’t be the same system. That computer system for the police database has beenreplaced right now and the information system which is now called the REJIS so thosefees for data and sharing are separate. On the radio side they would never cooperate withanybody, therefore, there were no charges and now there are some overhead charges tokeep things working and that is what our two port fees would pay so for $20,000 a yearwe get access to the large computer in Johnson County. The computer on our own wefigure is $1 million buck decision. We had to have that much system to control all ourradios, its a million dollar add. The decision was whether to add that or not or pay theport charges. That’s the complicated part of it but in reality it means an officer canmove—our ambulances if they were at the hospital anywhere in the metro, 40+ hospitals,they will be within range.December 6, 2012

11Trunked Radio System ConceptBasically the current system and even the new one is always going to talk from a portableto a tower and the tower is going to rebroadcast through the entire network and whichtower sends a signal to dispatch the computer decides so whoever has the strongest signalbased on the terrain will send that signal to dispatch out of those three existing and thosethree new towers, six towers. The dispatcher gets the signal that way. They send it backout and it broadcasts the whole county and the whole coverage area. The theory stays thesame, just the method of design changes.December 6, 2012

12Current EquipmentMr. Evans said this is the current equipment we have. The buildings will stay but whatis inside of them will be taken out entirely. It’s all old antilog gear and what they call aforklift change so it’s all going away and all new stuff will be put into place. The newstuff will be put into place before the old stuff is taken out so no tower will go down.Towers will run together and we will have both systems up for a while and the overlap atthis point.What BPU has mounted on the towers a lot of it is for these systems and that will all bethe new system goes up and it’s operating and then the old system will be taken down interms of space on those towers. There is an agreement between the BPU and the UnifiedGovernment that has been drafted. That agreement puts into writing actually the practiceand what has been done for the last 15 to 20 years which is BPU has really handled theheavy side of the maintenance for the radio systems, the towers, what is in the buildings,even the generators and power supply have all been maintained by BPU. We handle thedispatch and the actual equipment that is in the vehicles or in the buildings. Thatagreement has been drafted for execution.December 6, 2012

13APX 6000P25 PortableColorDisplay++Full size+Keypad+Wide knobs andcontrols+DualMicrophonesUniversalPTT+Large top display3 programmableside buttonsModel 3Shown+++Model1AccessoryConnectorLoudSpeakerModel2Single Band700/800MHz (3W), VHF (5W) or UHF (5W)System SupportAnalog and P25 Conventional3600 and/or 9600 (P25) TrunkingPhase I FDMAPhase 2 TDMA CapableChannel / Talkgroup Capacity870 (M3 & M2) / 96 (M1)Enhancement Option for M1 to 870 CHAdvanced Encryption SupportMulti-AlgorithmAES / DES / DES-XL / DES-OFB / DVP-XLMulti-KeyP25 OTARRugged & Durable from Inside OutMIL Specs (810C, D, E ,F, & G)IP67 (1m/30min) - StandardIntegrated Voice & Data FeaturesPOP25/ Integrated GPS via Option boardText Messaging (M2 & M3)Housing OptionsPublic Safety Yellow - OptionalImpact Green - OptionalIn practical terms what the officers see and although I showed you the heavy side of thesystem, that’s really where the money is, the towers, equipment and the other things youhave to do. Also, 45% of the cost of this project is radios that will operate on a newdigital band for the next 15 to 20 years and this is probably a standard radio in the currentMotorola fix for basically law enforcement. Law probably uses mostly these radios interms of meeting their needs and that has been true throughout the metropolitan area.December 6, 2012

14APX 6000XESingle Band Portable Option for FIREStandard Option with APX6000 XEDELTA – T Certified Radio & Battery (2300 mAH)FM Certified radio and Battery (1988 STD)XE Audio Profile - DefaultComing Soon!June 2011Single Band700/800MHz (3W), VHF (5W) or UHF (5W)System SupportAnalog and P25 Conventional3600 and/or 9600 (P25) TrunkingPhase I FDMAPhase 2 TDMA CapableChannel / Talkgroup Capacity870 (M3 & M2) / 96 (M1)Enhance Zone Bank Option for M1 to 870 CHAdvanced Encryption SupportMulti-AlgorithmAES / DES / DES-XL / DES-OFB / DVP-XLMulti-KeyP25 OTARRugged & Durable from Inside OutMIL Specs (810C, D, E ,F, & G)IP67 (1m/30min) - STANDARDDelta-T (2m/ 2hr) - STANDARDIntegrated Voice & Data FeaturesPOP25/ Integrated GPS via Option boardText Messaging (M2 & M3)Housing OptionsPublic Safety Yellow - OptionalImpact Green - OptionalMr. Evans said believe it or not and I have a bet as to which color the fire departmentpicks either a lime green or yellow. The fire department has a real special need, not just acolor thing, and that is they work in a much tougher environment and they work withgloves on and working with those switches on a normal radio for the law is just not goingto work as well. They make a unit that has bigger switches, a little tougher radio, and it’salso one that is somewhat similar to that like BPU may use in some intrinsically unsafeplaces. You don’t want to hit sparks so there are some specialty radios that are includedbut the fire departments in the county and all fire departments will probably have similarequipment.December 6, 2012

15Motorola XTS 2500Robust Public Safety Radio3-Position Concentric Switch16-PositionSelect KnobAvailable in 700/800MHz (3W),VHF (5W) or UHF (5W)870 Channels / Talkgroups - NEWPower On/OffVolume ControlTop side buttonPush-to-TalkSide Button 1Side Button 2TOPBUTTONSSIDEBUTTONSEmergencyButtonHomeButton4 Line X12 characterDisplayMenuSelectButtonsAlphaButton4-WayNavigationButtonSystem SupportAnalog ConventionalP25 conventionalMotorola SmartNet and SmartZone TrunkingP25 trunkingP25 Data CapableGPSOver The Air Programming (POP25)Text MessagingRF ModemAdvanced Encryption SupportSingle AlgorithmAES / DES / DES-XL / DES-OFB / DVP-XLAdvanced Digital Privacy (ADP)Multi-Key - 48 keysTactical OTAROptional Immersion 1m / 30 minsThe law, the same thing including the Sheriff’s operation, that they have access to thesame equipment that we have displayed here. It does have an officer safety button onthose radios and we will be able to find the radios and the equipment on the screen for theofficer’s safety.APX 6500 MobileP25 Mobile OfferingO5 Standard Control HeadSingle Band Capable700/800MHz (10 -30W), VHF (10-30W/100W)or UHF (10 -30W / 100W)System System Support SupportAnalogAnalogandandP25P25ConventionalConventional36003600and/orand/or96009600(P25)(P25)TrunkingTrunkingTDMAPhaseOperationI FDMAPhasePhaseI FDMA2 TDMA& PhaseCapable2 TDMA870 Channel / Talkgroup CapacitySupported ConfigurationsDash Mount Remote MountControl StationMulti-Control Head (Up to 2)Control Head SupportO5 StandardO3 Hand Held Remote Control HeadO3 Hand HeldControl HeadAdvanced Encryption SupportMulti-Algorithm SupportAES / DES / DES-XL / DES-OFB / DVP-XLMulti-KeyP25 OTARIntegrated Voice & Data FeaturesPOP25/ Integrated GPS/ Text MessagingDecember 6, 2012

16Mr. Evans said again this is some of the existing equipment we have. We have a twostage program in this design. The new model what they call a APX, the new modeldigital radios to law, fire and EMS installed in their equipment and mobiles and used bythe officers and fire fighters. We have a variety of other radios that we got when Nextelcame through and made us change radios about three years ago. We can upgrade those ata lower cost so the proposal designed here includes some proposals to upgrade those andthose will become the standard radios for non public safety in the county. MayorReardon said will those have the GPS capacity? Mr. Evans said no. If Mike reallywants GPS he would have to use one of the newer radios and then we could see them onthe screen but he doesn’t want that so we will have to talk about that. Mayor Reardonsaid once you cycle out to all new then all the radios will have GPS. Mr. Evans saidcorrect. We know that this radio, at least for Tom, it’s five years or so at least. We thinkmaybe five to six. They give five years notice before they say we’re not going to supportthat five or six years down the road so we will have time with the committee that was putin the agreement between the BPU and the City annual meeting to talk about budget, hereis your capital requirements and the non public safety users as to when we might beginthe transition to the newer radios. This will save a couple million dollars doing it thisway. This is a perfectly good radio but if you need the GPS we will have to get them anewer radio. Again, the standards for the car pretty much the same.At this point if we proceed along the lines we’re talking about right now with a contractprobably a 12-15 month schedule. Tom Lynch, BPU, said their proposed schedule is 18months but we will cut it down to 12-15. Mr. Evans said the first quarter of 2014 wewould actually do the acceptance of a large part of the infrastructure and the radios thatgo into the officer’s hand and the vehicles could be in place during 2013 at this point.Mayor Reardon said if you look at our budget on the county side, it has been a long timesince we spent $25 million in Capital costs so it’s a significant expenditure on the Countyside of our budget. I want to make sure if there are any questions that we get themanswered.December 6, 2012

17Mr. Bach said just to note, this item comes before you tonight for approval. It went toStanding Committee and was approved. We do have a blue sheet on this item with just aslight modification on the resolution. It incorporates in that we will have our agreementexecuted with the Board of Public Utilities prior to moving forward and executing withMotorola. That item is just out there and so what you’re approving notes that fact. Wethought we would have that executed before tonight but didn’t have that built into theresolution and so we did so and probably may have that executed and to the BPUtomorrow. Commissioner Holland said so it’s not on our Consent Agenda? Mr. Bachsaid no, it was just approved by the Standing Committee on Monday night.Jody Boeding, Chief Legal Counsel, said for those commissioners that weren’t at theStanding Committee Monday night, did you want us to go over the finances. MayorReardon said yes. Ms. Boeding said there are two resolutions before you and the firstone is authorizing the improvements to the radio system and issuance of County GeneralObligation Bonds. The second resolution is requesting the Public Building Commissionto issue bonds for the improvements to the facilities and the first General ObligationCounty Bonds will be for the actual radios that the officers carry and in the cars. ThePublic Building Commission can only finance the facilities and equipment in the facilityand that is why the need for two different finances.Mayor Reardon said just for the record maybe Jody or Lew could explain why not justuse County General Obligation funds, why split it out and use the Building Commissionas a component part of the financing. Lew Levin, Chief Financial Officer, said underour current authority by the State we are only allowed to use GO Bonds on the Countyside for equipment. The equipment purchases are being done as—they are actually a GOBond for the equipment. The request for the PBC is for the structure, facilityimprovements that Jody alluded to.Commissioner Holland said it also clarifies for us, we talked about this in our standingcommittee, and the Public Building Commission only meets at the request of theDecember 6, 2012

18commissioners. The commissioners authorizing the action and then the PBC just workson the financing so it’s not a decision-making body in that respect in terms of policy.Commissioner McKiernan made a motion, seconded by Commissioner Holland, togo into executive session for 45 minutes until 6:17 p.m. for the purpose of discussinglitigation. Motion carried unanimously.Commissioner McKiernan made a motion, seconded by Commissioner Holland, toextend the executive session for 30 minutes. Motion carried unanimously.MAYOR REARDON RECONVENED THE MEETING INTOSPECIAL SESSION AND ADJOURNEDTHE MEETING AT 6:52 P.M.dtBridgette D. CobbinsUnified Government ClerkDecember 6, 2012

Unified Government Clerk’s OfficeBridgette D. CobbinsUnified Government Clerk701 North 7th Street, Suite 323 Phone: 913-573-5260Kansas City, Kansas 66101-3064 Fax: 913-573-5299http://www.wycokck.orgMemorandumTo:From:Dennis HaysCounty AdministratorBridgette CobbinsUG ClerkDate: December 6, 2012Re:Weekly Business MaterialAttached is a listing of weekly business items presented to the UnifiedGovernment of Wyandotte County/Kansas City, Kansas, for informationalpurposes.In addition to the listing of the items, we have indicated the action taken bythe Unified Government Clerk.tpAttachment

Weekly Business Material for December 6, 20121. COMMUNICATION:Charlotte (Angel) Fitzgerald, District Office Coordinator, KDOT, to Tom Reaves, Surewest, 9701Lackman Rd., Lenexa, KS approving Highway Permit 1-12-548 Route I-35 to bore cable under I-35 at RP 231.8 in Wyandotte County.Action:Received and filed.2. AGREEMENT:Michael S. King, Secretary of Transportation, KDOT and the Unified Government of WyandotteCounty/Kansas City, Kansas request to upgrade high mast lighting poles on I-35 & LamarAvenue. Project No. (I) 35-106 KA-2826-01.Action:Approved by County Administrator and received and filed.3. COOPERATIVE AGREEMENT:Kansas City, Missouri, a constitutionally chartered municipal corporation of the State of Missouri(Kansas City), and the Unified Government of Wyandotte County/Kansas City, Kansas agree tomake improvements to James Street Bridge.Action:Approved by County Administrator and received and filed.4. EXTENSION AGREEMENT:The Unified Government of Wyandotte County/Kansas City, Kansas, Kansas City Board ofPublic Utilities agree to use EnGage, LLC as their professional consulting services at the federallevel from January 1, 2013 to December 31, 2013.Action:Approved by County Administrator and received and filed.5. NOTICE OF PARTIAL CONVEYANCE AND ASSIGNMENT AND ASSUMPTION OFDEVELOPMENT AGREEMENT:The State Avenue 240 LLC and the Unified Government on November 28, 2012 entered aDevelopment Agreement for 220 ± acres at the northeast corner of 126 th St and State Avenue.Action:Approved by County Administrator and received and filed.6. COMMUNICATION:

Bridgette Cobbins, UG Clerk, listing bids received November 28, 2012, for Project ID #1141,ADA Ramps, 9 th & 10 th , Tauromee to Armstrong.Action:Received and filed. Copies previously forwarded to Finance, CountyAdministrator, Legal, Legislative Auditor, and Public Works,7. COMMUNICATION:Lew Levin, Chief Financial Officer, regarding warrant cancellations:697057 11/30/2012 $565.51 750/Payroll deduction ClearingV #PA181/Waits, Brownlee BergerGarnishment Cancelled696971 11/30/2012 $2,715.00 160/County General FundV #29571/Total SecurityIntegrationsicDuplicate payment696788 11/30/2012 $2,000.00 560/Sewer SystemV #20636/KCMAPTWrong Vendor695420 11/14/2012 $120.00 162/County ElectionV #E2550- Carol Ann DavisLost Warrant690766 9/14/2012$29.65 160/County General Fund790/Tax CollectionV #3091X/Lawrence WeisbachLost WarrantAction:Received and filed.8. PERSONNEL ACTION COMMUNICATION, DATED NOVEMBER 30, 2012:Section I - AppointmentsNameDepartment/DivisionEff.DateJob TitlePamela Fellows Finance/Treasury 11/26/12 Fiscal Support Asst.Trenton Foglesong PW/WPC 12/6/12 Wastewater/Coll.Sys. Mgr.Jacob Fishman District Attorney's Off. 11/29/12 Asst. Dist. Atty. INtsum Her Fire/Admin. 11/26/12 Fiscal Suppt. Spec.Pamela Johnson Fire/Comm. 12/6/12 Fire Comm. DispatcherCheryl Schmalz Finance/Treasury 11/29/12 Admin. Suppt. Asst.Cassandra Taylor Finance/Treasury 11/26/12 Fiscal Suppt. Asst.Lorena Vega Finance/Treasury 11/26/12 Fiscal Suppt. Asst.Section II - TransfersNameDepartment/DivisionEff.Date Former Job Title New Job Title

Bradley Girard PW/WPC 12/6/12 General Maint. Wkr. General Maint. Wkr.Andrew Mendibles PW/WPC 11/22/12 Construction Wkr. III Const. Wkr. ISteven Salazar Fire/Prevention 11/29/12 Master Firefighter Fire Prevention Insp.Lorin Simmons PW/WPC 11/22/12 Construction Wkr. I Const. Wkr. IAction:Received and filed.9. PERSONNEL ACTION COMMUNICATION, DATED DECEMBER 4, 2012:Section III - SeparationsNameDepartment/DivisionEff.DateJob TitleClaude Harper Police/CSI 11/28/12 Sr. Master PatrolmanSection IV - Leaves of AbsenceNameDepartment/DivisionLv.BegLv.EndsLeave/PayTamara Eklund NRC/Code Enf. 11/25/12 12/24/12 090/unpaidTim Moore NRC/Building Insp. 11/8/12 12/7/12 090/unpaidSection V - Increases per Memorandum of UnderstandingNameDepartment/DivisionEff.DateJob TitleRylan Douglas Sheriff/Detention 12/8/12 Deputy-KPERSMyra Gillum Sheriff/Detention 12/8/12 Deputy-KPERSWinston Hunter Sheriff/Detention 12/8/12 Deputy-KPERSAlda Josenberger Police/Admin. 12/12/12 Office Assistant IIIAmanda Sappington NRC/Code Enf. 12/7/12 Inspector IAnthony Serrano Sheriff/Detention 12/8/12 Deputy-KPERSCarlos Valdivia Sheriff/Detention 12/8/12 Deputy-KPERSGregory Walker Fire/Suppression 12/6/12 Senior Fire DriverTimothy Wolkey Sheriff/Detention 12/8/12 Deputy-KPERSAction:Received and filed.10. CLAIM FOR DAMAGES:Anita L. Fountain, 5135 Parkview Ave., alleges damage to her car due to potholes, large platescovering holes and continuous construction in her area.Gloria Meshach, through United Fire & Casualty Company, Insurance Carrier, 118 Second Ave.SE, Cedar Rapids, IA, alleges injury due to in a hole on the sidewalk.

Leo Nelson, 3218 Chestnut Avenue, KCMO, alleges damage to his car due to metal plate that washit on the road.Maeretha Hadley, 1040 Freeman Avenue, alleges injury due to an accident on the bus.Sheila Johnson, 8225 Garfield Ave., alleging damage to vehicle due to spray painting at the FleetCenter by UG employee.Southwestern Bell Telephone Company, DBA AT&T Kansas, RM 39-N-13 909 Chestnut St., St.Louis, MO, alleging damage due to placing PVC for new sanitary sewers cut AT&T’s cable infront of 4301 Strong Ave.Action:Received and filed. Copies previously forwarded to Legal.11. NOTICE OF CLAIM:Kathy L. Murphy, 7229 Lafayette Avenue, through Jeffrey A. Dehon, Esq., Attorney, 816 AnnAvenue, 118 Second Ave. SE, Cedar Rapids, IA, alleges injury due to falling on a wavy floormatin the Courthouse.Action:Received and filed. Copy previously forwarded to Legal.12. SUMMONS:Eva Ayalla vs. Unified Government of WyCo/ Kansas City, Kansas, Case No. 2012-CV-001600.Yuliya Levitan vs. United Government of WyCo/Kansas City, Case No. 2012-CV-001709.Action:Received and filed. Copy previously forwarded to Legal.13. TRAVEL REQUESTS:Albert Bryan Welch, Fire/Suppression, travel to Emmitsburg, MD, November 23- December 1,2012, to attend Command & Control of Incident Ops, FEMA.Joseph Connor, Health-Administration, travel to St. Louis, MO, December 3- December 4, 2012,for Missouri Foundation for Health-Health Summit 2012, General Fund Admin.Action:Approved by County Administrator’s Office and received and filed14. BUSINESS BONDS:Electrical Contractors Bond:A&M Electrical, LLCKraus Electric, LLC DBA K & K Electric & Sign

Pro Electric, L.C.Staco Electric Construction Company, Inc.Mechanical Contractor’s Bonds:Western Enterprise, Inc.Mechanical/HVAC Bonds:Gatza Heating & Air Conditioning, Inc.Gieske Sheet Metal Company, Inc.Pinnacle MechanicalPro Metals, L.L.CUnited Heating & CoolingPlumber’s Bonds:Climate Control Heating & Cooling Inc.Pro Plumbing, Inc.Western Enterprise, Inc.Sign Hanger’s Bond:M & P, Inc.Action:Referred to License.15. CANCELLATIONS:License & Permit Compliance:MAC Corporation of KansasMotor Vehicle Dealer:Muncie Auto Salvage, Inc.Action:Referred to License.16. CONTINUATION CERTIFICATES:Electrical Contractor’s Bond:Convera, Inc.Enlighten Electric, Inc.Plumber’s Bonds:Vicent T. RodinaSign Hanger:Young Sign Company, Inc.Miscellaneous:Scotts’ Square Deal, LLCAction:Referred to License.

17. CERTIFICATES OF INSURANCE:Advanced Electrical, LLC DBA Summit ElectricAgape Home Inprovement Company, LLC DBA Agape Improvement CompanyApex Heating & Air Conditioning, Inc.Apple Electric, Inc.Complete Systems, Inc.Green Field Energy Group, Inc. DBA Mid America FacilityGuiding Light Electric, Inc.Infinity Sign Systems, Inc.Mid-America Contracting, Inc.Parker’s Electric, Inc.System Controls, Inc.Action:Referred to License.18. APPLICATIONS FOR CMB LICENSE (PKG):Four B Corp/Marvin Custer DBA Hen House 27, 8120 Parallel Pkwy.Shipross, Inc./James Odle DBA Happy Foods West, 6700 Kaw Dr.Four B Corp/Marvin Custer DBA Price Chopper 7, 4301 State Ave.Four B Corp/Marvin Custer DBA Price Chopper 6, 7734 State Ave.V & N, LLC/Amina Hemayoun DBA One Stop N Shop, 901 Minnesota Ave.Action:Referred to License.19. APPLICATION FOR CMB LICENSE (OP):KC Civic Center, LLC/Wesley Lona Jr. DBA Bermudas, 6220 Kansas Ave.Action:Referred to License.20. APPLICATIONS FOR DRINKING ESTABLISHMENT:Champs Sports Club, LLC/Angel Dominquez DBA Champs Sports Club, 2418 Park Dr.KC Civic Center, LLC/Wesley Lona Jr. DBA Bermudas, 6220 Kansas Ave.Action:Referred to License.21. APPLICATION FOR MASSAGE THERAPY LICENSE:Donna Schoellkopf at Hair West Unlimited, Inc., 7007 Parkview Ave. .Action:Referred to License.22. APPLICATIONS FOR PRIVATE SECURITY BUSINESS:

Carl Gould/Charlan Wells DBA American Homeland Security, P.O. Box 1976, Independence,MOKCMO Protection, LLC/Zakary Mergy DBA KCMO Protection, 1020 E. 21 st St. Kansas City,MOLoomis Armored US, LLC/The Corporation Company, Inc. DBA Loomis Armored US, 300 NW.Parkway Riverside, MOAction:Referred to License.

Unified Government Clerk’s OfficeBridgette D. CobbinsUnified Government Clerk701 North 7th Street, Suite 323 Phone: 913-573-5260Kansas City, Kansas 66101-3064 Fax: 913-573-5299http://www.wycokck.orgMemorandumTo:From:Dennis HaysCounty AdministratorBridgette CobbinsUG ClerkDate: December 13, 2012Re:Weekly Business MaterialAttached is a listing of weekly business items presented to the UnifiedGovernment of Wyandotte County/Kansas City, Kansas, for informationalpurposes.In addition to the listing of the items, we have indicated the action taken bythe Unified Government Clerk.tpAttachment

Weekly Business Material for December 13, 20121. AGREEMENT:Federal-Aid Construction Engineering Inspection Services by Consultant (Cost plus net fee CEagreement) Project No. 105-N-0521-01.Action:Received and filed.2. AGREEMENT:Kansas Department of Health and Environment and Wyandotte County/Kansas City, KS UnifiedGovernment County Commissioners for Outreach, Prevention, and Early Intervention Servicesfrom July 1, 2012-June 30, 2013, second and final of two optional one-year renewals.Action:Received and filed.3. CONTRACT:Sosaya and Sons Construction, Inc. for Roadway Lighting-Kansas Speedway-Daytona Drive,Project No. 9238.Action:Received and filed.4. COMMUNICATION:Sam H. Sheldon, Chief Judge, Kansas Court of Tax Appeals to Unified Government ofWyandotte County/KCK/PH Apartments 332, L.L.C acknowledges receipt IRB InformationalStatement Docket No. 2012-10005-IRB.Action:Received and filed.5. COMMUNICATION:Ron Green, Manager of Accounting, regarding cash transfer memorandum August 2012.FUND FROM FUND TO PURPOSE AMOUNTTrust Fund Tax Collection Reclass Tax Revenue 13.31City General County General ^ 76.83County General Tax Collection ^ 9,776.38Tax Collection County General ^ 3,105,508.45City General Diversion Fees Reclass Revenue 100.00City General EMS ^ 1,192.80City General Sales Tax ^ 1,789.19County General Prescott Plaza ^ 5,044.74County GeneralInternal^ 14,249.47ImprovementCity General Prescott Plaza ^ 44,019.41

City GeneralInternal^ 123,818.38ImprovementSewer System City General 05&06,2012 PILOT 558,608.78Various Agencies Employee Hosp. 03,04&05 Wkrs Comp. 349,635.04City General Other Sp Grants Reclass Expense 85.00County General City General ^ 375.00Health Dept Grants City General ^ 500.00Sp Grants County General ^ 1,894.82Internal Improv City General ^32,460.00Payroll Deduction City General ^43,824.63Bonds&Interest Internal Improv. ^ 55,386.73Internal Improv. Others Sp Grants ^ 112,488.58County General Health Dept Grants ^ 28,581.19Health Dept Grants Health Dept ^ 60,663.84Various Agencies City General June Fuel44,437.22City General County General June Jail Expense 180,246.50TOTAL 7,828,954.29Action:Received and filed.6. COMMUNICATION:Lew Levin, Chief Financial Officer, regarding warrant cancellations:WT. NO. ISSUED AMOUNT FUND / VENDOR691590 9/28/2012 $162.06 790/Tax Collection Fund160/County General FundV #3275X/Shiela CarrollLost Warrant697051 11/30/2012 $277.99 750/Payroll deduction fundV #PA010/Pendleton & SuttonGarishment CancelledAction:Received and filed.7. PERSONNEL ACTION COMMUNICATION, DATED DECEMBER 6, 2012:Section I - AppointmentsNameDepartment/DivisionEff.DateJob TitleBrett Baker Police/Academy 12/13/12 Patrol OfficerMicah Berry Police/Academy 12/13/12 Patrol OfficerChad Casper Police/Academy 12/13/12 Patrol OfficerAndrew Chronister Police/Academy 12/13/12 Patrol OfficerNickolas Cownie Police/Academy 12/13/12 Patrol OfficerBrian Graham Police/Academy 12/13/12 Patrol OfficerZeta Green Police/Academy 12/13/12 Patrol Officer

Nathan Gumpert Police/Academy 12/13/12 Patrol OfficerGregory Haynes Police/Academy 12/13/12 Patrol OfficerChristopher McCarthy Police/Academy 12/13/12 Patrol OfficerPalmer McCurry-Jackson Police/Academy 12/13/12 Patrol OfficerJustin Mohney Police/Academy 12/13/12 Patrol OfficerJohnnie Montgomery Police/Academy 12/13/12 Patrol OfficerRyan Parrish Police/Academy 12/13/12 Patrol OfficerCharles Randolph Police/Academy 12/13/12 Patrol OfficerMariah Rowland Police/Academy 12/13/12 Patrol OfficerPhillip Schwery Police/Academy 12/13/12 Patrol OfficerMichael Steele Police/Academy 12/13/12 Patrol OfficerYeng Vang Police/Academy 12/13/12 Patrol OfficerEduardo Villanueva Police/Academy 12/13/12 Patrol OfficerSection II - TransfersNameDepartment/DivisionEff.Date Former Job Title New Job TitleZachary Blair Police/Academy 12/13/12 Trainee (Cadet) Patrol OfficerJames Bush Police/Academy 12/13/12 Juvenile Detention Off. Patrol OfficerTeran Holter Police/Academy 12/13/12 Trainee (Cadet) Patrol OfficerWinston Hunter Police/Academy 12/13/12 Deputy-KPERS Patrol OfficerJoshua Marmon Police/Academy 12/13/12 Deputy-KPERS Patrol OfficerJoshua Messick Police/Academy 12/13/12 Trainee (Cadet) Patrol OfficerCarlos Navarro Police/Academy 12/13/12 Juvenile Detention Off. Patrol OfficerRudolph Thompson Police/Academy 12/13/12 Trainee (Cadet) Patrol OfficerGerardo Velasquez Police/Academy 12/13/12 Deputy-KPERS Patrol OfficerTimothy Wolkey Police/Academy 12/13/12 Deputy-KPERS Patrol OfficerAction:Received and filed.8. PERSONNEL ACTION COMMUNICATION, DATED DECEMBER 11, 2012:Section I - AppointmentsNameDepartment/DivisionEff.DateJob TitleDenise Garcia Police/Academy 12/6/12 Trainee/Police CadetChanse Henre Police/Academy 12/6/12 Trainee/Police CadetSamuel Lagle Police/Comm. 11/29/12 Public Safety DispatcherCorbin Lytch Police/Comm. 12/20/12 Public Safety DispatcherJames Mills PW/WPC 12/6/12 Maintenance ElectricianGarrett Mumphrey Police/Academy 12/6/12 Trainee/Police CadetJohn Varriano Police/Academy 12/6/12 Trainee/Police Cadet

Section II - TransferName Department/Division Eff. Date Former Job TitleNew JobTitleMax Sybrant Sheriff/Admin. 11/22/12 Deputy-KPERS Deputy-KPFSection III - SeparationsName Department/Division Eff. Date Job TitleHerman Jones Coroner's Office 12/12/12 Deputy CoronerLeslie Still Sheriff/Admin. 11/21/12 Deputy - KPFSection V - Increases per Memorandum of UnderstandingName Department/Division Eff. DateJob TitleJames Dodds Sheriff/Detention 12/14/2012 SergeantJason Gilmore Sheriff/Detention 12/14/2012 SergeantDaniel Jackson Sheriff/Detention 12/14/2012 SergeantSection VIII - Other RequestName Department/Division Action Requested and ExplanationAnthony Herron PW/WPC Reinstatement of employment effective 4/15/11Action:Received and filed.9. CLAIM FOR DAMAGES:Sharon Davis, 2057 Darby, alleges injury to her leg due to stepping in an uncovered hole.Action:Received and filed. Copy previously forwarded to Legal.10. NOTICE OF HOSPITAL LIEN:University of Kansas Hospital Authority, vs. William Donald Durkes, through E. Lou BjorgaardProbasco #10926, 615 SW. Topeka Blvd., Topeka, Kansas.Action:Received and filed. Copy previously forwarded to Legal.

11. NOTICE OF A LAWSUIT AND REQUEST TO WAIVE SERVICE OF A SUMMONS:Steven Beadle, vs. Unified Government of Wyandotte County, Kansas, et al. Case No. 2:12-CV-02750-KHV-DJW.Action:Received and filed. Copy previously forwarded to Legal.12. SUMMONS:Capitol Federal Savings Bank vs. Unified Government of Wyandotte County/Kansas City,Kansas, Division of Housing and Community Development, Case No. 12CV1750.Action:Received and filed. Copy previously forwarded to Legal.13. TRAVEL REQUEST:Mark Williams, Fire/Training, travel to Emmitsburg, MD, January 20 - February 1, 2013, toattend Effective Leadership Skills for Fire and EMS Organizations, FEMA.Action:Approved by County Administrator’s Office and received and filed14. APPLICATIONS FOR CMB LICENSE (PKG):7-Eleven Sales Corporation/Teresa Anderson Cawthon DBA 7-Eleven Store #36101, 4431Shawnee Dr.Alma Management, LLC/William Hutton DBA Mi Pueblito Meat Market, 1311 Minnesota Ave.AS & Family, Inc./Abrar Amjad DBA AS & Family, 2425 Metropolitan Ave.Casey’s Retail Company/William Hutton DBA Casey’s General Store #2876, 13000 State Ave.Fill ‘N’ Shop, Inc./John Berger DBA Fill ‘N’ Shop, 756 County Line Rd.Happy Foods North, Inc./James Odle DBA Happy Foods North, 5420 Leavenworth Rd.Khan Petroleum/Joyce Jameson DBA Phillips 66, 1233 Merriam Ln.Quiktrip Corporation/David Lawson DBA Quiktrip #172, 8200 Parallel Pkwy.Quiktrip Corporation/David Lawson DBA Quiktrip #231, 4202 Kansas Ave.Quiktrip Corporation/David Lawson DBA Quiktrip #239, 555 N.RLV Corporation/James Ackers DBA 7-Eleven, 2500 Central Ave.Sam’s West, Inc./Keith Pappert DBA Sam’s Club #4870, 10510 Parallel Pkwy.Speedy’s Convenience/William Hutton DBA Speedys Convenience, 141 S. 18 th St.Target Corporation/Victoria Warhurst DBA Target Store # T-2222, 10900 Stadium Pkwy.Varsha Commercial, Inc./Monquit Williams DBA Fast Trip, 4039 Metropolitan Ave.Walgreen Co/Rosalba Garcia DBA Walgreens #7550, 7739 State Ave.Walgreen Co/Rosalba Garcia DBA Walgreens #10125, 2850 State Ave.Wal-Mart Stores, Inc./Christopher Thoele DBA Walmart #1151, 10824 Parallel Pkwy.Wyandot Barbeque, Inc./Ronald Williams II DBA Wyandot Barbeque, 8441 State Ave.Action:Referred to License.

15. APPLICATIONS FOR CMB LICENSE (OP):Fr Daniel L. Gardner/Fr Daniel Gardner DBA All Saints Parish, 811 Vermont.Fr Daniel L. Gardner/Fr Daniel Gardner DBA All Saints Parish, 44 N. Mill.Claudia Anderson/Claudia Anderson DBA Casino Bar, 1100 Osage Ave.Cecilia Rebollo/Cecilia Rebollo DBA El Potrero Bar & Grill, 4752 State Ave.Hooters of Kansas Speedway, LLC/Teresa Anderson Cawthon DBA Hooters of KansasSpeedway, 1712 Village West Pkwy.Jose Saenz/Fredrick Zimmerman DBA Mariscos El Pirata, 1031 Central Ave.NPC International, Inc./Lawrence Fritzsche DBA Pizza Hut #4712, 4601 Shawnee Dr.Rosedale Drive In Theatre, Inc./Wes Neal DBA Boulevard Drive-In, 1051 Merriam Ln.Sabor Y Sol, Inc./Rick Rehorn DBA Sabor Y Sol Mexican Restaurant, 542 Southwest Blvd.Smilja Pavlovic/Gloria Oliver DBA St. Arch Angel Michael Serbian Church, 310 N. 72 nd St.Richard Morrissey/Richard Morrissey DBA St. Patrick’s Green Club, 1066 N. 94 th St.Efrain Flores/Efrain Flores DBA Tacos El Matador, 1230 Merriam Ln.The Big Q, Inc./Mark Quick DBA The Big Q, 2117 S. 34 th St.Wyandot Barbeque, Inc./Ronald Williams II DBA Wyandot Barbeque, 8441 State Ave.Action:Referred to License.16. APPLICATION FOR CATERER/DRINKING ESTABLISHMENT:Goodmath, Inc./Ron Mayden DBA Brass Ring Entertainment, 5648 State Ave.Action:Referred to License.17. APPLICATIONS FOR DRINKING ESTABLISHMENT:Borberg Pizzeria, Inc./June Broderson DBA Chiusanos Brick Oven Pizzeria, 1713 Village WestPkwy.Sparks, LLC/Samuel Sparks DBA Club Sparks, 1436 Kansas Ave.Deborah Hervey/Deborah Hervey DBA Club Underground Bar & Grill, 751 Minnesota Ave.TLM’s Inc./Terry Mitchell DBA Coach Lite Club, 2103 S. 34 th St.Dotlander, Inc/Connie Padgett DBA Dotlanders Bar, 1705 Central Ave.Action:Referred to License.18. APPLICATION FOR PRECIOUS METAL DEALERS LICENSE:Sports Nutz of Kansas/Todd Housh DBA Sports Nutz of Kansas, 1803 Village West Pkwy. #M-137.Action:Referred to License.19. APPLICATION FOR PRIVATE CLUB CLASS A:Moose Lodge 1999/Floyd Collins DBA Kansas City Lodge 1999, 6621 Turner Dr.

Action:Referred to License.20. APPLICATION FOR PRIVATE CLUB CLASS B:April’s Firelight Lounge, Inc./Olivia Dantzler DBA April’s Firelight Lounge, 2046 N. 18 th St.Action:Referred to License.21. APPLICATION FOR PRIVATE SECURITY BUSINESS:Constable Patrol, LLC/Shannon Clarke DBA Constable Patrol, 10940 Parallel Pkwy. #K230

Staff Request forCommission ActionTracking No. 120338gfedc Revisedgfedc On GoingType: StandardCommittee: Public Works and Safety CommitteeDate of Standing Committee Action: 12/17/2012(If none, pleaseexplain):Proposed for the following Full Commission Meeting Date:Confirmed Date: 12/20/201212/20/2012gfedc Changes Recommended By Standing Committee (New Action Form required with signatures)Date: Contact Name: Contact Phone: Contact Email: Ref: Department / Division:12/10/2012 Debbie Jonscher 5247mschrick@wycokck.orgFinanceItem Description:A resolution authorizing certain bridge improvements and providing or the manner of paying for the same in an amount not toexceed $250,000.00: 2012 Emergency Bridge Repair Annual Program (CMIP 942-0112).A resolution authorizing certain improvements to the bridges, viaducts, streets, sidewalks, or pedestrian ways, and providing forthe manner of paying for the same in an amount not to exceed $150,000.00: 2012 Concrete Street Repair Annual Program (CMIP 941-0312).A resolution authorizing certain improvements to existing street guardrails and providing for the manner of paying for the samein an amount not to exceed $100,000: 2012 Guardrail Replacement Annual Program (CMIP 941-0512).Action Requested:Please adopt resolutions.Please fast track this to the 12/20/12 Full Commission meeting.gfedcPublication RequiredBudget Impact: (if applicable)Amount: $Source:gfedcb Included In Budgetgfedc Other (explain)Consistent with the CMIP.File Attachment

RESOLUTION NO. ____________A RESOLUTION AUTHORIZING CERTAIN BRIDGE IMPROVEMENTS ANDPROVIDING FOR THE MANNER OF PAYING FOR THE SAME.WHEREAS, Article 12, Section 5 of the Constitution of the State of Kansas and CharterOrdinance No. CO-03-09 of the Unified Government of Wyandotte County/Kansas City Kansas (the“Unified Government”) authorizes the governing body of the Unified Government to make a variety ofimprovements as further described in CO-03-09and to issue its general obligation bonds and/or temporarynotes for the same; andWHEREAS, on November 17, 2011, the Unified Government adopted Resolution No. R-73-11(the “Reimbursement Resolution”) resolving that the Unified Government expected to make capitalexpenditures in connection with the 2012 Emergency Bridge Repair Annual Program (CMIP #0112),and intended to reimburse itself for such expenditures with the proceeds of bonds, notes, or a leasepurchase agreement; andWHEREAS, the Unified Government has determined that it is necessary to make certain bridgeimprovements to as more fully described herein.NOW, THEREFORE, BE IT RESOLVED BY THE GOVERNING BODY OF THEUNIFIED GOVERNMENT OF WYANDOTTE COUNTY/KANSAS CITY, KANSAS, ASFOLLOWS:Section 1. Pursuant to the above and in accordance with the Reimbursement Resolution, theUnified Government hereby finds and determines that it is necessary to make the following improvements(the “Improvements”):Repair abutments and protect against scour for the existing Bridge #79 on 99 th South ofHutton Road, including grading, exaction, concrete patch work and placement of rip-rapstabilizationRepair existing floor by removing existing deteriorated concrete decking, cleaningcorroded reinforcing steel, replace reinforcing steel as needed then pouring and finishinga new concrete deck surface, as well as grouting existing cracks in the top, bottom andwalls, for Bridge #162, located at 8690 State Avenue.Repair existing headwalls for Bridge #208 at 6050 Metropolitan Avenue, includinggrouting of cracks in the top, bottom and walls, new concrete headwall construction, andplacement of rip-rap stabilization at the upstream and downstream ends.Removal of debris and cleaning of waterway opening for the Central Avenue bridge overthe Kansas RiverSection 2. For the purpose of providing funds for the Improvements, all as approved by thegoverning body, the Unified Government hereby authorizes the issuance of its general obligation bondspursuant to Article 12, Section 5(a) of the Constitution of the State of Kansas and Charter Ordinance No.CO-03-09, in an amount not in excess of $250,000, plus capitalized interest and costs of issuance.Temporary Notes of the Unified Government are hereby authorized to be issued from time to time by

esolution in an amount not to exceed the amount of general obligation bonds herein authorized.Section 3. The Unified Government expects to make capital expenditures in connection with theImprovements and intends to reimburse itself for such expenditures with the proceeds of generalobligation bonds and/or temporary notes in an amount not to exceed $250,000, plus capitalized interestand costs of issuance. Any general obligation bonds and/or temporary notes issued under the authority ofthis Resolution may be used to reimburse expenditures made on or after the date that is 60 days before thedate of adoption of the Reimbursement Resolution pursuant to U.S. Treasury Regulation §1.150-2.Section 4. This Resolution shall take effect and be in full force from and after its passage andapproval by the governing body of the Unified Government.PASSED by the Governing Body on ____ day of _________________________, 20___ andAPPROVED by the Mayor.(SEAL)ATTEST:_________________________________Mayor/CEO_________________________________Unified Government Clerk

Staff Request forCommission ActionTracking No. 120348gfedc Revisedgfedc On GoingType: StandardCommittee: Full CommissionDate of Standing Committee Action: 12/14/2012(If none, pleaseNone -- Union contract ratified by unionexplain):Proposed for the following Full Commission Meeting Date:Confirmed Date: 12/20/201212/20/2012gfedc Changes Recommended By Standing Committee (New Action Form required with signatures)Date: Contact Name: Contact Phone: Contact Email: Ref: Department / Division:12/14/2012 Jody Boeding573-5069 jboeding@wycokck.org jb LegalItem Description:Attached Resolution authorizing a Memorandum of Agreement between the Unified Government and the American Federationof State, County, and Municipal Employees (AFSCME), Local No. 3475 of Missouri/Kansas State Council No. 72, for theperiod January 1, 2013, through December 31, 2015. This Agreement provides, among other things, a 3% cost of livingadjustment for 2013, with reopeners for future years. In accordance with Commission direction and consistent with the otherbargaining units, AFSCME members will receive 40 hours of unspecified paid leave in addition to their step increases. Theunion ratified the Agreement on Thursday, December 13, 2014. The attached Agreement may receive minor edits agreed to byboth parties, but contains the substantial agreement between the parties.Action Requested:Adopt Resolution.gfedcPublication RequiredBudget Impact: (if applicable)Amount: $Source:gfedcb Included In Budgetgfedc Other (explain)Conforms with Commission Budget policy directive.File AttachmentFile Attachment

RESOLUTION NO. ______________________BE IT RESOLVED BY THE BOARD OF COMMISSIONERS OF THE UNIFIEDGOVERNMENT OF WYANDOTTE COUNTY/KANSAS CITY, KANSAS:That the County Administrator of the Unified Government of WyandotteCounty/Kansas City, Kansas, is hereby authorized and directed to execute in the name ofthe Unified Government of Wyandotte County/Kansas City, Kansas, and the UnifiedGovernment Clerk is hereby authorized and directed to attest the signature of said CountyAdministrator and to attach the seal of the Unified Government thereto as the voluntaryact of the Unified Government to the Memorandum of Agreement between the UnifiedGovernment of Wyandotte County/Kansas City, Kansas, and the American Federation ofState, County, and Municipal Employees, Local Number 3475 of Missouri/Kansas StateCouncil No. 72, for the period January 1, 2013, through December 31, 2015.ADOPTED BY THE BOARD OF COMMISSIONDERS OF THE UNIFIEDGOVERNMENT OF WYANDOTTE COUNTY/KANSAS CITY, KANSASTHIS 20 TH DAY OF DECEMBER 2012.____________________________________Bridgette CobbinsUnified Government Clerk

MEMORANDUM OF AGREEMENTBetweenTHE UNIFIED GOVERNMENT OF\VYANDOTTE COUNTY/KANSAS CrTy, KANSASandAMERICAN FEDERATION OF STATE, COUNTYAND MUNICIPAL EMPLOYEES A¡ID LOCALNO. 3475 OF MISSOURI/KAIISAS STATE COUNCIL NO. 72JAIIUARY 1,2013 - DECEMBER 31,2015SERVICE AND MAINTENANCE UNITCLERICAL UNITTECIINICAL UNIT{K0379190.DoC; 1}

KANSAS CITY - LOCAL 3475MEMORANDUM2013 - 2015'I'AI}LE OT'CONTENTSDE!'INITIONSAIìÏ'ICLE 1Page viiI'IIÐAMIìI,Iì Page 1AIì'I'ICLE 2$ 2.1s 2.2s 2.3s 2.4s 2.s$ 2.6Iì.ECOGNI'TIONRecognitionPart-Tirne ErnployeesNew PositionsWorking Out of Classilìcation - Duties/PayJob ÄuditsOrier-rtationP agePageP ageP ageP ageP age11222JAIITICLE 3s 3.1s 3.2s 3,3NON-DISCRIMINA'I'IONI)i sclirnination ProhibitedUnion Mernbership or ActivitylJnion Iìair RcpresentatioltPagePagePage3IJa-)AR'I'ICI,E 4$ 4.1ç 4.2$ 4.3 (a)(b)(c)(d)(")UNION/UG COOPEIIATION - MANAGBMEN'I' RIGIITSUnion/UG Cooperation Page 4Managemer-rt Rights Page 4Labor Management Committee Page 5Committee Makeup Page 5Committee Meetings Page 5Purpose of Meetings Page 5l)epartnient or Divisior-r LabolManagement Committees Page 6Informal Meetings Page 6AII'I'ICI,E 5$ 5.1$ s.2t,tìoBATIONAIìY l'lìRIOI)New IfiresPromotions, Demotions and TransfersP ageP age77AIìTICLI' 6$ 6.1ç 6.2s 6.3SENIOIUTY AND JDO IIIDDINGUG SenioritySeniority ListsBidding Procedure - Juvenile Detention OfhcersP ageP ageP age889AIIÏ'ICI,E 7s 7.1PIì.OMOTIONS AND RECRUITMENTGeneralPage 10{Ko37919o.ooc; r} l-

'I'able of Contcnts, continucdç 7.2 Permanent Vacancies(a) Determination to Fill(b) Procedure to Fill$ 7.3 Filling VacanciesARTICLE 8$ 8.1$ 8.2$ 8.3ARTICLE 9 woRK t,IìtuoDS$ e.l Gcneral$ e.2 Standard Work Week$ e.3 Standard Work Day$ e.4 Meal Period$ e.s Rest Periodss e.6 Alternative Work Schcdules e.7 Tarcliness or Failure toPunch fine CaldAIITICLE 10 OVIIIITIME,$ 10.1 Overtime$ 10.2 Duty to Perlorm$ r0.3 Distribution of Overtimes 10.4 Overtime Creditss 10.s Overtime Call LVIlack Timc(a) Vacalion of Scheduled Wolk Day(b) Iìegularly Schcduled Work DayAIìTICLE 11 DISCIPI,INE$ 11.1 General$ 1r.2 Imposing Discipline$ 1 1.3 Forfeiture of Benefits and Rights$ 11.4 Or-r-the-Job Injury$ ll.s Separation h'om Employment$ 11.6 Effectr"ration of SuspensionsWitl-rout Pay$ 11.7 Retention Policy Fol Disciplinary RecordsAIITICI,E 12 GI{II'VANCE PROCEDURE$ 12.1 GrievancesPage 10Page l0Page 1 1Page I 1LAYOFF'S AND RECALL AND POSITION BLIMINATIONNotice of Layoff Page 12Layoff Page 12Recall Rights Page 13Page 14P age 4Page4PagePagePage555Page 15Page 16Page 17Page 17Page 18Page 18Page 18Page 18PagePagePagePagePageI919202020Page 2\Page 2lPage 2l{KO37919o.ooc; 1}rl-

'fablc of Contcnts, continucdAIìTICI,Iì 13512.2I 12.3(a)(b)(c)(d)Supervi sor'-Employee DiscussiousGricvance Procedurc'fin-re LimitsCommcncir-rg Grievance ProcedureAppeals and ResponsesGlievance Procedure StepsStep IStep 2Step 3Step 4, ArbitrationStep 5S'I.IIIKES AND I,OCKOUTSPage 22Page 22Page 22Page 23Page 24Page 24Page 24Page 25Page 25Page 26813.1 Stril

'lablc of Contcnts, continucd(c)(d)(e)(Ðs 16.7s 16.8$ 16.eAIì.TICI,II 17s 17.15 t7.2s r7.3$ 17.4$ 17.ss 17.6s 17.7 (a)(b)(")(d)AIìTICI,II I8$ 18.1çS l8'2$ 18.3s r8.4IìetirementVoluntary ResignationUse Provisionllxcessive Use CategolyPelsonal LeaveSick Leave DonationUnspccified Paid I-eaveVACATIONSGcneralVacation llntitlemcntFlolidays and Scl-redulingExceptior-rPro Rata VacationVacation Buy-OutSchedulingIncremcntsNotificatiot-rCalry OverEmergcncy Sl-rort Notice Uscr'IIOI,II)AYSDesignated FlolidaysAdditional l-lolidaysObservance o1'Saturday and Sunday IJolidaysWork on a l-IolidayPage 34Page 34Page 35Page 37Page 38Page 38Page 39Page 39Page 40Page 40Page 40Page 4IPage 4lPage 41Page 41Page 42Page 42Page 43Page 43Page 43Page 43Page 44ARTICI,Iì 19Q 19.1s le.2MIIDICAI, PI,ANCoverageBencfì1 CornmittcePagePage4444ARTICI,B 20$ 20.1AR'T'ICLIì 21s 2r.lAIITICLE 22s 22.1s 22.2ç 22.3s 22.4TI IìTIIIIìMIìNT AND PIìNSION FUNI)Iìetirement and Pension Funcl Page 45WOIìKIIR'S COMPIìNSA'TIONWorker's Compensation Page 45UNION/MANAGITMIINT SAFETY COMMITTIIECornmittee Createcl Page 46Committec Cornpositior-r, Meetings, Etc. Page 46Safet5, Rules and Ilegulations Page 47Salcty Dcvices & IJquiprnent Page 47{xo:zlrlo.Doc; 1)AV

'fablc of Contcnts, continucdARTICLB 23AIITICLIì 24s 23.1\ 23'2$ 23.3$ 23.4ô 24.1ç 24.2I 24.3AR'I]CLIì 25I 25.1ARTICLIi 26ARTICLE 27¡ì ?s ?.J,L:;s 25.3I25.4ö 2s.5s 26.1 (a)(b)(c)s 26.2s 27.1AIìTICT,E 28I 28.1ARTICLE 29$ 2e.1COMPIìNSATIONWagesTir-nc in GradeLongevitS,Interpreters' PayUSE OI'AUTOMOIIILESMonthly AllowanceDaily UseVeri fì cati or-r of Reqr-rirementsMISCIìI,I,ANBOUS WORK IìUI,ESResignationPersonnel lìileWork Ilulesl3rnployec Assistance Pro glamPersonal Propclty IìeplacementUNIF'ORMS, CLOTIIING AND EQUIPMENTUniformsF'acility Managcment andPolice Departrnent EmployeesCode llnlbrcemcnt and Buildir-rgInspection Department EmployeesMr.rnicipal Court ErnployeesUse of Unifolms, Clothingand llquiprnentBNTIRII, MEMORANDUM OF AGRBBMBNTEntire Memorandum of AgreementSAVINGS CLAUSESavings ClauscDIJRATIONDurationPage 47Page 48Page 48Page 49Page 50Page 51Page 51Page 52Page 52Page 52Page 53Page 53Page 53Page 54Page 54Page 54Page 55Page 56Page 56ARTICLB 30s 30.1AI,COIIOI, AND DIìUG T-RBE WORKPLACE & TESTINGAlcohol and Drug Free Workplaceand 1-esting Page 57{xorulrlo.ooc; 1}V

Table of Contents, continuedARTICLE 31ARTICLE 32$ 31.1$ 32.1ARTICLE 33APPENDIX ASMOKE FREE WORKPLACESmoke Free V/orkplaceUG ORDINANCES AND RESOLUTIONSUG Ordinances and ResolutionsGAINSHARINGRates of PayPage 57Page 57Page 58Appendix{Ko3z919o.ooc; 1}VA

DEFINITIONSAdministrator:A.F.S.C.M.ECity:County:DepartmentDivision:EmployeeEmployer:Gender:ImmediateSupervisor:Memorandum:Part-time AEmployee:Part-time BEmployee:H.R.G.P.E.R.B.:Administrator of the Unified Government of Wyandotte County,Kansas City, Kansas.American Federation of State. County, and Municipal Employees,Local No. 3475 of A.F.S.C.M.E. Missouri/Kansas State, CouncilNo.72.The Unified Government of Wyandotte County, Kansas City,Kansas.Wyandotte County, Kansas.A Department of the Unified Government of Wyandotte County,Kansas City, Kansas.A Division of the Unified Government of Wyandotte County,Kansas City, Kansas.A member of the bargaining unit herein as certified by the KansasPublic Employer-Employee Relations Board.Unified Government of Wyandotte County, Kansas City, Kansas.The male shall include the fernale and the female shall include themale.The person directly above the employee in the chain of command.The Memorandum of Agreement between Unified Government ofWyandotte County, Kansas City, Kansas and A.F.S.C.M.E. onbehalf of the recognized bargaining unit members.An employee who works at least a 2O-hour week, year round.An employee who works less than a 2O-hour week, year round.The Unified Government's Human Resource Guide.Kansas Public Employer-Employee Relations Board.{K0379190. Docr 1}vaa

Regular Employee:Unified Government:UnionUnified Government ernployee who has successfully completed hisprobationary period and who regularly works a forty hour week ona year-round basis.The Unified Government of Wyandotte County/Kansas Cit¡KansasAmerican Federation of State, County and Municipal Employees,Local No. 3475 of Missouri/I(ansas State, Council No. 72.{K03791-90.Doc, 1}v.l_l_r

MEMORANDUM OF AGREEMENTARTICLE 1 - PREAMBLE$ 1.1 PreambleThis Memorandum of Agreement is entered into by and between the UnifiedGovernment of \ù/yandotte County/Kansas City, Kansas, hereinafter referred to as the "LJG" or"Employer" and Local No. 3475 of MissouriÆ(ansas State Council No. 72, Amencan Federationof State, County and Municipal Employees, hereinafter referred to as the "lJnion." For the years20ll and2012, the prior contract has been in effect.It is the purpose of this Memorandum to achieve and maintain harmonious relationsbetween the Employer and the Union; to provide for equitable and peaceful adjustment ofdifferences that may arise, and to establish proper standards of wages, hours and otherconditions of ernployment.ARTICLE 2 . RECOGNITION$ 2.1 RecognitionThe Employer recognizes the Union as the exclusive bargaining representative for theemployees of UG as set forth in Kansas Public Employer-Employee Relations Board UnitDetermination Case No. 75-UDC-14-18-IC-1987, dated July 14, 1987, as amended byagreement of the parties or further order of PERB.S 2.2 Part-Time EmployeesIf a part-time employee works 40 hours or more for a six-month period, the Union mayrequest in writing and the Unified Government shall then consider whether such position shallbe created as a full-time position. Seasonal employees are not included herein. Part-time{K0379190.DOC,. 1}1

employees who work more than 40 hours in a given work week shall be paid overtime orreceive compensatory time, at the supervisor's discretion, at the rate of one and one-half timestheir base hourly rate.$ 2.3 New Positions'When any new regular employee job classification is created in UG which classificationis not contained in any other UG bargaining unit, the UG will notifu the Union. If UG andUnion agree that the classification is included in this bargaining unit the rate of pay for saidclassification shall be subject to the meet and confer process.$ 2.4 Working Out of Classification - Duties/PayRegular ønployees routinely performing (the duties and responsibilities of a higher paidjob classification for five (5) consecutive workdays, shall be compensated at the rate of pay ofthe higher rated job classification beginning on the sixth (6th) consecutive workday. Theappropriate supervisor shall make a determination of what is required for bargaining unitemployees to become certified and fully qualified in higher rated job classifications within theemployee's division, department or unit to which the employee may be assigned to work.Employees performing the step up duties of a supervisory position shall be compensated at thefirst step within that salary range which would provide an increase to the employee.$ 2.5 Job AuditsThe UG shall provide, upon written application on the UG approved form and with theappropriate supervisor's approval, a review of an employee's classification in accordance withthe provision of UG's Human Resource Guide in effect at the time of the request. The UG'sinitial response to the employee's written request will be provided in writing to the employeeand the Union within 45 days. From the time the audit is granted the UG shall have 110 days to{K0379190. DOC; l}2

complete the audit.$ 2.6 OrientationUG shall make every reasonable effort to provide new employees with an orientationprogram within a reasonable period of time after initial employment. New bargaining unitemployees shall be informed of the Union's representation and the identity of the designatedUnion representative who may provide further information. UG shall provide to the Unionquarterly, a list of all current AFSCME covered ernployees upon union's request. UG willmake a reasonable effort to provide the requested within a reasonable time frame.ARTICLE 3 . NON-DISCRIMINATION$ 3.1 Discrimination ProhibitedNeither UG nor the Union shall discriminate against an employee covered by thisMemorandum in a manner which would violate any applicable laws because of race, creed,color, national origin, age, gender, religion or disability.$ 3.2 Union Membership or ActivifyNeither UG nor the Union shall interfere with the right of employees covered by thisAgreement to become or not become members of the Union, and there shall be nodiscrimination against any such employees because of lawful Union membership or nonmembershipor exercise of their rights under this Memorandum.$ 3.3 Union Fair RepresentationThe Union recognizes its responsibility as bargaining representative and agrees fairly torepresent all employees in the bargaining unit.{K0379190.DOC,. 1}3

ARTICLE 4 . UNIONruG COOPERATION-MANAGEMENT RIGHTS$ 4.1 Union/UG CooperationThe Union and UG have entered into this Memorandum for the purpose of facilitatingthe peaceful adjustments of differences that may arise from time to time and to promoteharmony and efficiency to the end that the employees, UG and the general public may mutuallybenefit. Consistent with the general pu{pose, the Union recognizes that an obligation rests uponeach ønployee to render honest, efficient and courteous service to UG and its citizens. TheUnion and UG agree to cooperate in efforts to strengthen the good will between UG and thegeneral public.The Union and UG recognize the need for improved methods in providing services to thecitizens of UG and agree to cooperate in the installation of such methods, in suggestingimproved methods, in the education of its members and in the necessity for such changes andimprovements.$ 4.2 Management RightsIn its intention of the parties hereto that UG retain each and every right and privilege itever had except insofar as it has, by this Memorandum, agreed to specific limitations thereon.The exclusive rights of the UG shall include, but are not limited to, its right to determinethe qualifications of its employees; to establish or continue policies, practices and proceduresfor the conduct of UG and to change or abolish such policies, practices or procedures; tointroduce new or improved methods, equipment or facilities; to discontinue processes oroperations or to discontinue their perforrnance by employees; to select, determine and schedulethe number and type of employees required; to assign work to such employees in accordancewith the requirements determined by UG; to establish and change work schedules; to determine{K0379190.DOC;1}4

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 ordischarge employees for just cause; to maintain the efficiency of the governmental operation; tolay off employees; to take actions as may be necessary to carryout the mission of UG inemergencies; to determine the methods, means and personnel by which operations are to becarried on; to develop standard operating procedures, Rules of Discipline and Rules andRegulations not in conflict with this Memorandum; to establish and maintain reasonablestandards for wearing apparel and personal grooming and all other prerogative andresponsibilities normally inherent in management of UG which are not in conflict with specificprovisions of this Memorandum.All management rights, power, authority and functions other than those relinquishes byUG in this Memorandum shall remain vested exclusively in UG.$ 4.3 Labor Management CommitteeA. Committee MakeupThe Employer and the Union agree to create a Labor Management Committee. ThisCommittee shall consist of six (6) members, three (3) members shall be appointed by UG andthree (3) members shall be appointed by the Union.B. Committee MeetingsThe Committee shall meet within thirty (30) days of written notice of a request to theother party for such meeting by the Union President or designee or the Personnel Director ofUG or designee.C. Purposes of MeetingsThe purpose of the meetings shall be to:{K03791-90.Docr 1}5

1 Establish an effective employer-ernployee relationship.2. Discuss the administration of agreement.3. Disseminate information of interest to the parties.4. Discuss other items as mutually agreed prior to the meeting.The committee shall have no authority to change, delete or modify any of the terms ofthe existing Memorandum of Agreement nor to settle any grievances arising under theAgreement. Action taken by the committee would be non-binding upon the Union and theEmployer.D. Department or Division Labor Management CommitteesNothing herein shall prohibit UG Departments or Divisions from forming their ownLabor-management committees. These committees may be formed by the Department orDivision Head and the Union. These committees shall meet within thirty (30) days from thedate of written notice by the Union President or designee to the Department or Division head ordesignee and the Personnel Director or designee or notice by the Department or Division Heador designee to the Union President or designee requesting such meeting.E. Informal MeetingsNothing in this Article precludes the Employer and its designees from meeting withemployees, Union Stewards or other designated Union representatives on an informal basis.ARTICLE 5 . PROBATIONARY PERIODThere are two classifications of probationary periods for employees. The first isapplicable to new hires and the other is employees who have been promoted to or transferred toother bargaining unit classifications.{ K0 3 7 9 1 9 0 . DOC ; 1 }6

$ 5.1 New HiresNew employees shall be considered Probationary Employees for the first six (6) monthsof their ernployment, unless extended in writing by mutual agreement of the UG and the Union.Any intemrption of employment (leave, sickness, etc.) in excess of five (5) days during theprobationary period shall not be counted as part of the probationary period. During thisprobationary period, an employee shall be given instruction as to the duties of the position towhich he is assigned. A general outline of his job duties for his new position shall be provided.Probationary employees may be discharged at the sole discretion of UG without recourseto the provisions of this Mernorandum. Probationary employees shall not accrue seniority untilthe completion of their probationary period. Upon the completion of their probationary period,the employee's seniority date will be measured form their date of hire as provided in Article 6.$ 5.2 Promotions, Demotions and TransfersAn Employee who receives a promotion, demotion or transfer to another bargaining unitclassification shall serve a probationary period of ninety (90) calendar days in suchclassification, unless extended by mutual written agreernent between UG and the Union, beforesuch appointment becomes permanent. During this period the employee shall be giveninstruction as to the duties of the position to which he is assigned. An employee who does notperform his duties satisfactorily or who is dissatisfied with his new position may be returned tohis former position at any time within the ninety (90) calendar day period at the discretion of theUG. If his former position is no longer vacant, the UG shall make a reasonable effort to placethe employee in a vacant position most equitable in pay to the former position held by theemployee and for which the employee is qualified elsewhere in UG.{ K0 3 7 9 1 9 0 . ooc ; 1 }1

ARTICLE 6 _ SENIORITY AND JDO BIDDING$ 6.1 UG SeniorityUG seniority shall be measured by continuous service as an employee of UG, the Countyor the City. This service shall be measured from the date of last hire. Seniority shall be brokenby discharge, resignation, retirement, layoff in excess of twelve (12) months, permanentdisability, suspensions of thirty (30) days or more if the employee is called back to work fromlayoff and does not report for work within fourteen (14) calendar days, failure to return to workat the expiration of any approved leave of absence, vacation or disciplinary layoff. In case ofdisputes concerning seniority, the Employer's records shall govern this measurement. In theevent seniority is the same, the senior employee shall be determined in inverse alphabeticalorder by the last name of the employee as such last name appears on UG's payroll records.Temporary or part-time employees shall not accumulate nor exercise any seniority rights exceptpart-time A or B employees shall accumulate seniority in relation only to other part-timeemployees concerning layoffs and bidding for part-time positions. UG seniority will be utilizedas indicated in this Memorandum.$ 6.2 Seniority ListsThe Union will be provided with a seniority list annually. Said list shall be posted atreasonable locations. Seniority lists shall contain the name of the employee, classification,position number and seniority date. In the event an employee believes an effor has been madeas to his position on the seniority list, he shall notift the Personnel Division in writing withinfive (5) calendar days of the list's posting. Employees who were previously employed byWyandotte County who accrete to this bargaining unit shall have their seniority (last date ofhire) dovetailed within the bargaining unit's then existing seniority list. Upon request, the{K0379r90.Docr l}a

President, or her designee, may obtain an updated seniority list from the Human ResourceDirectors 6.3Biddins Procedures -Juvenile Detention Offìcers^.Annual BidJuvenile Detention Officers (JDOs) shall be assigned annually to their respective shiftsand days off on a bid basis in accordance with seniority. Bidding shall occur annually on orbefore December 15 of each year to become effective the first day of the first pay period inJanuary. Probationary JDOs shall have no bidding rights, and may be assigned at the discretionof the employer after all eligible JDOs have bid. Bidding shall occur at a designated place whichis mutually agreed upon by the employer and the union and shall take place between the hours of0800 and 1700. JDOs shall be assigned a time to bid in accordance with their seniority. Once aJDO has submitted his bid, he shall immediately leave the bidding area.b. Absentee Bid - Failure to BidIn the event a JDO is going to be absent during the entire period in which he is assignedto bid, he shall have an opportunity to exercise his bid right by proxy. The proxy shall be signedby the Deputy and shall specify four altemate bid choices. The proxy shall be given to thePresident of the Union or his designee, who shall exercise it, and provide one copy to theemployer's designee. If the absent JDO is unable to obtain a bid position with any of hisaltemative choices, he shall then be assigned to an unbid position by the employer's designee.JDOs who do not exercise the opportunity to bid during the appropriate period shall forfeit theirright to bid. The JDO may be assigned to any unbid position by the employer's designee. Allbids shall be tabulated and certified by the employer's designee, and the President of the union orhis designee.{K0379190.ooc;1}9

Prior to implementation, the Employer agrees to notifu the union at least 30 days inadvance of any changes or additions in bid assignments or shifts and allow for rebids or'bumps' where applicable.ARTICLE 7 - PROMOTIONS AND RECRUITMENT$ 7.1 GENERALA. It is understood and agreed that it is the responsibility of the Employer to determinethe size of the work force, to declare job opportunities available and to determinerelative qualifications, including ability, education and experience of employeesapplying for a vacant position.B. ln order to qualify for a permanent promotion, an employee must be able toimmediately perform the job and must have been properly tested or certified wherenecessary.C. Employees may submit resumes and applications for UG positions outside of thebargaining unit.$ 7.2 Permanent VacanciesA. Determination to FillWhen any permanent job vacancy exists in a bargaining unit position, UG maydetermine within forty-five (45) days from the declaration of the vacancy by UG,whether such position shall be filled. When such determination to fill the position ismade, the Union shall be notified of same. If it is determined that the position is tobe filled, it shall be posted within fifty (50) working days from the determination tofill it or within a reasonable time thereafter. However, even if the Employer{K0379190.DoC; 1} 10

initially determines not to fill a position, the Employer expressly reserves the rightat aîy later time, to determine that such position should be permanently filled andmay then post the same for applications.B. Procedure to FillIf the Employer determines that a position is to be permanently filled, the followingprocedure shall govern:1) Suchjob vacancies shall be posted not less than seven (7) calendar days alongwith information relating to the qualifications required for the position and thedepartment to which the position is assigned.2) Employees desiring to apply for a job vacancy may do so by being qualifiedand/or certified and submitting a completed job application to Personnel withinthe posting period.3) Such vacancies shall be awarded to the best qualified applicant considering theapplicant's training, tests scores, education, experience, performance andability as long as such selection does not contravene any affirmative legalresponsibility placed upon UG, and if all qualifications are equal, then UGseniority shall control in selection of the employee to fill the job vacancy.S 7.3 Filling VacanciesConsistent with UG's equal employment opportunity statements, as amended from timeto time, such amendments shall be provided to the Union in a timely manner, it is agreed thatwhen reasonable vacancies occur in positions within the bargaining unit they shall be filled bythe promotion or selection of the best qualified employees. However, nothing herein shallprohibit the Employer from advertising for applicants for bargaining unit positions, which{K0379190.DoC; 1} 11

positions, within UG's determination, require special education, training, ability, experience orcertification, or for positions which have been posted and remain unfilled due to lack ofqualified applicants.ARTICLE 8 -LAYOFFS. RECALL AND POSITION ELIMINATION$ 8.1 Notice of LayoffWhen it is determined that a reduction in force is necessary, UG will notify the Unionand affected employees of the impending layoff and the date thereof. In the event the UGdecides to permanently eliminate a vacant position the Union shall be notified prior to theelimination.$ 8.2 LayoffA. Layoffs or job displacement due to reduction in force shall be made according toUG seniority, by job classification or within a classification's line of progression(e.g. Office Assistant III, II, I;Data Control Clerk III, II, I; Engineering TechniciansII, I; Parking Control Officer II, I; Program Technician II, I etc.). Provided furtherthat senior employees within that classification line of progression may displace themost junior employee in their classification or line of progression provided further,the bumping employee is immediately capable of performing the duties of the newposition within an eighty (80) working hour orientation period. UG shall provide awritten evaluation at the conclusion of the orientation period. The displaced andmost junior employee within the classification line of progression shall have nodisplacement rights, but shall possess recall rights set forth in S 8.3 except that if theformer position of a laid off employee, whose seniority was not severed is recreated,{K0379r90. DOC; l}I2

that employee shall be given the right of first refusal to be recalled back to thatposition. If the employee refuses, then the seniority is immediately severed.B. No regular employee in the bargaining unit shall be laid-off as long as there areprobationary employees working in the affected classifications.C. Nothing in this Memorandum shall prohibit the employer from entering intodiscussions of altematives to layofß with the Union.$ 8.3 Recall RightsA. The order of recall shall be governed by the employee's qualifications and UGseniority within his former job classification.B. Notification of recall shall be given by the UG by certified mail, return receiptrequested, to the recalled employee at his last address furnished to UG.C. Within ten (10) calendar days after such notice is postmarked, the employee mustadvise the Personnel Division whether he accepts such reinstatement. Any recalledemployee who fails to notifu the Personnel Division within ten (10) calendar days,as outlined above, shall forfeit all seniority rights and opportunities for future recall.The next qualified employee on the appropriate seniority list may be notified of theopening and the above procedure shall be repeated until the vacancy is filled. If noqualified employee remains on the appropriate seniority list to fill the vacancy, thenthe vacancy may be filled by new hires.D. An employee recalled shall report to work within fourteen (14) calendar days afterindicating his willingness to accept reinstatement. If the employee fails to reportwithin such time, he shall forfeit all seniority rights and all future recall .ightr.E. UG shall provide the Union with the names of regular bargaining unit employees{ K0 3 7 9 1 9 0 . DOC ; 1 } 13

ecalled from layoffs.ARTICLE 9 - WORI( PERIODS$ 9.1 GeneralUG has the management right to change the hours of work shifts or work periods and toinstitute new work shifts or periods. The employer will make reasonable efforts to notify thedesignated Union representative of major changes in work shifts or work periods in advance ofsuch changes. When new pelmanent work shifts are created, employees within the affectedunits and employee classifications may express their desire to be assigned to any newpermanent work shift within their unit and classifications. If the employees are immediatelyqualified to perform the duties of the position, then seniority shall be used in assigningemployees to such new perrnanent work shifts within the appropriate unit and job classification.S 9.2 Standard Work WeekThe standard work week for regular employees shall be forty (40) hours, within aconsecutive seven (7) day period with two (2) consecutive days off, except where operationalneeds require otherwise. Employees shall be advised of any changes in the beginning of theirstandard work week.S 9.3 Standard Work DayExcept during shift or job change periods, a standard work day for regular employeesshall consist of eight (8) consecutive hours in a twenty-four (24) hour period, except for a thirty(30) or sixty (60) minute intermission for lunch as provided in S 9.4 and except wherealternative work schedules have been assigned.{K0379190.DOc.. l}L4

$ 9.4 Meal PeriodEach employee whose work hours cover a nine (9) hour period (e.g. 8:00 a.m. to 5:00p.m.) shall be entitled to a sixty (60) minute meal period. Each employee whose work hourscover an eight and one-half (81/z) hour period (e.g. 8:30 a.m. to 5:00 p.m.) shall be entitled to athirty (30) minute meal period.S 9.5 Rest PeriodsEmployees will be allowed not to exceed two (2) fifteen (15) minute rest breaks (one inthe morning and one in the afternoon), or an equivalent amount of time, per normal workingday. Employees working more than the standard eight (8) hour work day shall be entitled to anadditional fifteen (15) minute break for each four (4) hours worked. Designation of rest breaktimes and locations shall be at the supervisor's discretion. Rest breaks shall not be taken inconjunction with the employee's lunch period, except at the request of the employee'ssupervisor.$ 9.6 Alternative Work SchedulesThe employer agrees that it will investigate possible alternative work schedules, whendeemed appropriate.$ 9.7 Tardiness or Failure to Punch Time CardA. Employees reporting late for work, i.e., unprepared to begin their work at the beginningof the scheduled shift, or failing to punch their time card will be disciplined according tothe following schedule:I to 8 minutes late - no penalty, except as provided in paragraph (B) herein.After 8 minutes late, docked for time actually missed.B. Employees who are tardy or fail to punch their time card three (3) times in a twelve{K0379190.DoC,. 1} 15

consecutive month period shall be classified as habitual offenders of being tardy forwork. After the third tardy, the employee will be advised in writing that any furthertardies or failure to punch time clock are subject to discipline as set forth below, inaddition to the provisions of section A above:Fourth offense in consecutive 12 month period: written warning.Fifth offense in consecutive l2 month period: 1 day suspension without pay.Sixth offense in consecutive 12 month period: 3 day suspension without pay.Seventh offense in consecutive 12 month period: Termination.CSupervisor(s) have discretion to excuse tardiness on a case by case basis. Thesupervisor(s) decision on whether to excuse the tardiness or failure to punch the timeclock is final and is not subject to any grievance procedure or other review. However, anydiscipline imposed as a result of the tardiness or failure to punch the time clock is subjectto the grievance procedures in this contract.ARTICLE 10. OVERTIME$ 10.1 OvertimeAll employees shall receive one and one-half (1 Vz) times their actual hourly rate of payor compensatory time for work performed in excess of forty (40) hours in a given work week.Compensatory time may be accrued, up to a maximum of two hundred forty (240), in lieu ofovertime payment at the employee's election with approval by the appropriate supervisor. Useof compensatory time shall be authorized by a written request by an employee and writtenapproval by the immediate supervisor and Department head. Overtime shall only be timeactually worked and when approved by UG. Provided that, for purposes of overtime{ K0 3 7 9 1 9 0 . DOC ; 1 } 76

calculations, the hours taken by an employee as a holiday ($$ 18.1, 18.2,18.3), worked during aholiday ($ 18.4) or vacation (Article 17), except as provided in ç 17.7 herein, shall beconsidered as hours worked within a given work week.$ 10.2 Duty to PerformEmployees are required to work reasonable amounts of overtime when requested by theemployer. In cases of emergency, as determined by the appropriate supervisor, employees arerequired to remain fit to perform and work overtime as requested and are subject to disciplinefor any refusal to so work. When notified by their supervisor during their normal work shiftthat they may be called for overtime during their non-working hours, employees must beavailable to answer and respond to notice from UG to work overtime. Any employee whorefuses work or does not maintain fitness for duty for such an overtime work assignment may besubject to discipline.$ 10.3 Distribution of OvertimeTo the extent reasonable, overtime will be distributed as equally as possible amongregular employees of the same classification in a Department/Division who are willing to workovertime.Qualified employees may volunteer to work overtime by placing their name on theappropriate overtime list. These lists shall be posted every quarter by the appropriate Divisionfor sign up purposes. Each list will be exhausted before returning to the top person on the list,except when new lists are issued.In addition to the volunteer list each Department/Division will maintain a forcedovertime list. Employees will be placed on the list in the order of inverse seniority. When theemployer determines that overtime is needed and no volunteers can be garnered then the{K0379190.DoC;1} 71

employer will utilize the forced overtime list starting from the top down. Once an employee hasworked forced overtime their name will fall to the bottom of the forced overtime list.Except in cases of emergencies no employee will work more than 20 hours of forcedovertime, inclusive of any scheduled overtime, in a standard work week. There shall be no limiton voluntary overtime.$ 10.4 Overtime CreditsEmployees shall receive overtime credits in one-quarter (V+) hour increments. Any timean employee is assigned and works at least eight (8) minutes of a worked quarter (%) hour ofovertime, he shall be credited with one-fourth (%) hour at the appropriate overtime rate.S 10"5 Overtime Call In/Back TimeA. Vacation Period or Resularly Scheduled Day OffWhen an employee is called in to work during his vacation or one, of his regulardays off, then he shall receive a minimum of two (2) hours pay at his regularstraight time rate from the time he arrives at his work.B. Regularlv Scheduled Work DayWhen an employee is called back in to work, in order to perform work assigned bythe UG, after his regular working hours and after he had left his last work site orbeen released at the conclusion of his regular work day, then he shall receive aminimum of two (2) hours pay at his regular straight time rate from the time hearrives at his work.{ K0 3 ? 9 1 9 0 . DOC ; 1 } 18

ARTICLE 11 - DISCIPLINES 11.1 GeneralThe Union recognizes that UG has the responsibility for maintaining discipline and theefficient and orderly operation of the various Divisions and Departments of UG. Accordingly,the authority to discipline employees is vested exclusively in the appropriate Divisions orDepartments. However, the appropriate Directors or Supervisors may, from time to time,delegate this authority to subordinate supervisors. Employees, excluding probationaryemployees, shall only be disciplined or discharged for just cause. Discipline or discharge forjust cause shall include, but shall not be limited to, discipline or discharge for violation of theUG's Human Resource Guide, Ethics Code and Safety Rules. Consistent with other provisionsof this Article, UG's rules, as may be modified from time to time by UG, shall recognize, whenappropriate, corrective discipline, and shall be followed as the appropriate discipline for thespecified violations. UG shall provide to the Union a copy of UG's Rules reflecting thedisciplinary policy of UG and all modifications or amendments thereto within 21 days.Violations which are not specified shall be subject to discipline within UG's discretion.$ 11.2 Imposing DisciplineA. Discipline shall be imposed within fifteen (15) calendar days after UG is aware ofthe event or action giving rise to the discipline, unless UG deems it necessary toextend this time for purposes of conducting and/or completing its inquiry orinvestigation concerning the alleged act(s). A full explanation of this necessity shallbe given to the effected employee and, if requested, to the Union following theimposition of discipline.B. When disciplinary action is taken, the employee shall be advised of the nature of the{ K0 3 7 9 1 9 0 . DOC , 1 } I9

offense and the discipline being administered. Such notice shall be placed inwriting as soon as reasonably practicable. If discipline other than a verbal warningis to be imposed, the employee may request that his Union steward be present.C. The severity of the discipline imposed shall be consistent with the offensecommitted and may include the following:l' Verbal Warning2. Written Reprimand3. Suspension4. DischargeS 11.3 Forfeiture of Benefìts and RightsEmployees who are terminated for just cause shall forfeit all employment benefits andrights, except accumulated vacation days, retirement benefits in accordance with applicable lawand any accrued wages.S 11.4 On-the-Job InjuryAn employee who fails to report to his superior any on-the-job injury immediately afterbecoming a\¡/are of the injury shall be suspended for at least one (1) day without pay.S11.5 Separation from EmploymentUpon separation from employment with UG, all assigned work clothing, safetyequipment, hard hats, uniforms, vests, gloves, protective eye wear, keys, tools or any otherequipment or materials provided the employee by UG shall be returned. Failure to do so shallresult in UG's withholding a reasonable amount, not to exceed 75Yo of the cost of thereplacement of the issued items, from the employee's final paycheck(s) to compensate UG forsuch items not retumed.{K0379190.DOC,. 1} 20

S 11.6 Effectuation of Suspensions Without PayExcept as provided herein, disciplinary suspensions without pay in excess of three (3)work days may not be effectuated until after the second (2nd) step grievance hearing responsehas been issued by the employer or within seventeen (17) work days of the filing of thegrievance, whichever is first.'Whenever the UG is recommending the termination of an employee, the employee maybe suspended prior to the completion of the second step grievance hearing. The UG shallcomplete disciplinary investigations as soon as practicable, but not to exceed 90 days from thecoÍrmencement of the investigation, except, in exceptional circumstances.S 11.7 Retention Policy for Disciplinary RecordsDisciplinary actions shall be removed from the employee's personnel file, upon theemployee's request, according to the following:A. If no further rule violations occur within a l2-month period following an oral orwritten warning, the employee's record will be cleared.B. If no fuither rule violations occur within an l8-month period following asuspension, the employee's record will be cleared.ARTICLE 12 . GRIEVANCE PROCEDURES 12.1 GrievancesThe term "grievances" as used in this Memorandum shall be any dispute, disagreement,or difference between one or more employees and UG as to the meaning of any terms andprovisions of this Memorandum. Any impasse in any negotiations for any Memorandum ofUnderstanding or Agreement shall not constitute a grievance. Where a matter within the scope{K0379190.DOC;1} 27

of this grievance procedure is alleged to be both a grievance and prohibited practice under thejurisdiction of P.E.R.B., the employee involved may elect to pursue the matter under either thegrievance procedure herein provided or by action before P.E.R.B. If a grievance is processedbeyond Step 2 of the grievance procedure, the employee(s) and the Union shall be deemed tohave waived any action or right to file or proceed with such action before P.E.R.B.S 12.2 Supervisor-Employee DiscussionsThe establishment of this procedure for the formal handling of grievances shall notprohibit or discourage discussion between an employee and his immediate supervisor on anymatter arising out of the ønployee's relationship with the Employer, and shall not prohibit ordiscourage the friendly solution of such matters without recourse to the formal grievanceprocedure. This section shall have no affect upon the time limits set forth elsewhere in thisArticle.S 12.3 Grievance ProcedureGrievances by an ernployee or a group of employees shall be handled in the followingmanner:A. Time LimitsManagement and Union representatives agree to make every effort to meet andsettle grievances within the prescribed time limits. Any failure to comply with thetime limits specified herein shall result in the grievance being disposed of in favorof the pafiy not in default, i.e. if the employee andlor Union fail to meet thegrievance procedure time limits, the employee's grievance is dropped in UG's favorand if UG fails to meet the grievance procedure time limits the grievance shall befound in the employee's favor. Provided, the parties may extend atry arrdlor all of{K0379190.DOC,. 1} 22

the time limits prescribed herein by mutual written agreement.B. Commencing Grievance ProcedureThis grievance procedure must be commenced within seven (7) calendar days fromthe time that the grievance occurred or became known, or reasonably should havebeen known. Otherwise it need not be considered.C. Appeals and Responsesl) If a grievance is not settled at any step as herein outlined, the decision may beappealed to the next higher step in the grievance procedure within the specifiedtime limit (or as may be mutually extended) or be considered withdrawn.2) All appeals must be in writing, either on a regular grievance form or otherwisesuitably and clearly stated.3) A1l written answers on grievances shall be given to the ernployee and theappropriate union steward.4) All appeals by onployees shall be delivered by hand or by mail; and ifdelivered by mail, shall be considered delivered on the date of the postmark orsent by telecopier machine, if mailed to the proper party at his regular officeaddress.5) Answers and appeals may be delivered by hand, telecopier machine or by mail;and if delivered by mail, shall be considered delivered on the date of thepostmark, if mailed to the proper party athis regular office address.6) If a grievance cannot be answered within a specified time in any step becauseof circumstances beyond UG's control, a time extension may be granted bymutual agreement.{K0379190.DOc; 1} 23

D. Grievance Procedure StepsStep 1:All employee grievances, except those relating to discipline or discharge, first shall bepresented in writing by the employee or employees concerned setting forth the place, date, time,nature of the occurrence upon which the grievance is based and set out the paÍicular portions ofthe Memorandum it is alleged were violated or misinterpreted or the discipline being grievedand the relief sought to the immediate supervisor within the time limits set forth in $ 12.38 ofthis Article. The supervisor shall give his answer in writing to the employee or employees notlater than the seventh (7th) 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, anappeal may be taken to the second step. In such appeal the grievance shall be stated in writingand shall be delivered to the appropriate Director and Personnel Department or his designeewithin seven (7) calendar days after the Supervisor's response to Step 1. The appeal shall setforth the place, date, time and nature of the occuffence upon which the grievance is based andshall set out the particular portions of the Memorandum it is alleged were violated ormisinterpreted or the discipline being grieved.Grievances appealed to the second step shall be discussed within ten (10) calendar daysof the appeal. At such meeting, the Employer will be represented by the appropriate Directorandlor his designee and the employee or employees will be represented by the appropriate unionsteward. All employee grievances relating to discipline and discharge of an employee willoriginate at the second step.The Employer will answer the grievance in writing after the second step within seven (7){K0379190.Doc,. 1} 24

calendar days, unless such time is extended.Step 3:If a mutually satisfactory settlement of the grievance is not reached in the second step, anappeal may be taken to the third step. In such appeal the grievance shall be stated in writing andshall be served upon the Administrator or his designee within seven (7) calendar days after theconclusion of the second step. The appeal shall set forth the place, date, time and nature of theoccurrence upon which the grievance is based and shall set out the particular portions of theMemorandum which is alleged were violated or misinterpreted or the discipline being grieved.Grievances appealed to the third step shall be discussed within fourteen (14) calendardays of the appeal, unless extended. At such meeting the Employer will be represented by arepresentative of the appropriate Department and the Personnel Division and the employee oremployees will be represented by the Steward or Business Agent of the Union.The Employer will answer the grievance in writing after the third step within fourteen(14) calendar days, unless extended, following the Step 3 discussion. The Administrator'sdecision on all disciplinary matters, except those which result in suspensions in excess of five(5) work days or termination, shall be final and binding.Step 4 Arbitration.If no settlement is reached by the procedure outlined, through Step 3, discipline in excessof five (5) work days or matters of contract interpretation may be appealed to arbitration. Anyrequest for arbitration must be made as follows:(1) Notice in writing of intent to arbitrate shall be delivered by the party seekingarbitration to the opposing party within fifteen (15) calendar days of thecompletion of Step 3 in discipline cases where suspension of more than five (5){K0379190.DOC.. 1) 25

work days has been imposed and within fifteen (15) days of the Administrator'sdecision in contract interpretation cases. The notice shall set forth the place,date, time and nature of the occurrence upon which the grievance is based andshall set out the particular portions of the Memorandum which it is alleged wereviolated or misinterpreted or the discipline being grieved. If notice of intent toarbitrate is not delivered within fifteen (15) calendar days of the completion ofStep 3 the issue shall be deemed abandoned.ØWithin fifteen (15) calendar days after the above notice is delivered, the partieswill mutually agree upon an arbitrator or jointly obtain a list of seven (7)arbitrators from the Federal Mediation and Conciliation Service, and the partieswill alternately and independently strike unacceptable arbitrators from a list withthe last remaining arbitrator being selected.(3) Employees shall not be paid for time spent in attending arbitration proceedingsother than as a witness on behalf of UG.(4) The jurisdiction and authority of the arbitrator shall be governed by thefollowing:(a) The arbitrator shall have authority to determine the procedural rules ofarbitration and shall have the authority to make such binding orders as arenecessary to enable him to act effectively. He shall observe the rules of evidenceand his decision shall be final and binding on both parties, except as provided inStep 5.(b) The arbitrator shall have no power to add to, subtract from or modify any ofthe terms of this Memorandum.{K0379190.DOC,. 1} 26

(c) In the resolution of disputes between the parties to this Memorandum, thearbitrator shall give no weight or consideration to any matter except the specificlanguage of this Memorandum and is specifically prohibited from considering orbasing his award on any alleged past practices of UG or Division or the Union,prior to the effective date of this agreement.(d) The arbitrator shall have no authority to substitute his judgment for that ofthe managernent of UG, Division or Administrator, nor shall he have authority tousu{p, subtract from, modiff or exercise any management right of UG orappropriate Division.(e) The arbitrator in discipline and discharge cases, shall have power todetermine the appropriate discipline.(f) The cost of the arbitrator shall be borne equally by the parties.(g) The arbitrator shall tape record the proceedings and make a copy of the tapeavailable to both UG and the Union, upon request and at the expense of therequesting party.Step 5:If either party is dissatisfied with the decision of the arbitrator then the aggrieved partymay appeal the arbitrator's decision to the District Court of 'Wyandotte County, Kansas, inaccordance with Kansas law governing appeals from administrative bodies. The Court mayonly determine whether the Arbitrator's decision was arbitrary, capricious andlor unreasonable.{K0379190.DOC,. 1} 21

ARTICLE 13 . STRIKES AND LOCKOUTS$ 13.1 Strikes and LockoutsThe Union, on behalf of its membership, recognizes that the protection of life andproperty is of paramount importance to itself and the Employer. Therefore, during the life ofthis Memorandum, the Union will not condone, nor encourage, nor instigate any work slowdown,stoppage or strike, or any action that is detrimental to the operation of UG. TheEmployer agrees that it shall take no action that could be defined as a lockout, nor shall itdiscriminate against any onployee for his action as a member of the Union, provided thoseactions are not prescribed by law.Any violation of this Article may be the subject of disciplinary action, includingdischarge.The Union shall, within twenty-fotr (24) hours of the commencement of any of the actsprohibited herein or prohibited by law, take all reasonable affirmative action to terminate suchconduct.ARTICLE 14 - UNION STEWARDSS 14.1 StewardsEmployees selected by the Union to act as employee representatives shall be known as"ste\ryards". The names of employees selected as stewards and alternates who may representemployees shall be provided to UG by the Union annually during the first week of January. UGshall be notified, in writing, of any changes in the above names that may occur.S 14.2 Number of StewardsThe Union shall select not to exceed seven (7) stewards and seven (7) alternate stewards.{K0379r90 . DOC,. 1}2B

S 14.3 Stewardsf AuthorityStewards may be permitted, upon request to the appropriate supervisor, reasonable timeto process and present grievances on behalf of members of the bargaining unit, provided thatenough personnel remain on duty to provide the appropriate Division's required services. Timespent in handling grievances outside of the steward's normal work hours shall not be consideredtime spent in the employ of UG. Stewards shall not absent themselves from their workassignments without permission of the appropriate supervisor and when absent shall advise theirsupervisor of their whereabouts at all times. This request will not be unreasonably denied.$ 14.4 Alternate StewardsAlternate stewards shall only operate in the absence of the steward or when the stewardrequires repres entation.S 14.5 Prohibited Conduct of Stewards/AlternatesThe stewards and alternates have no authority to encourage, incite, or condone workaction against UG or any other action interfering with UG's operation. In the event of suchaction by any steward or alternate, he shall be subject to immediate discipline.ARTICLE 15. UNION RIGHTSS 15.1 Union Business RepresentativeThe Union shall notify UG, in writing, of the name and address of the Council 72business representative(s) assigned to this Unit. Any changes in such representative(s), shallalso be provided in writing. The properly a'uthorized business representative(s), upon advancenotice to UG Personnel Division and the appropriate supervisor, may have reasonable access toUG's premises for the sole purpose of the lawful administration of this Memorandum. The{K0379190. DoC; 1} 29

usiness representative(s) activities shall not interfere with the performance of any employee'sduties for UG.The Union agrees to notiff the UG electronicall¡ or in writing, of the names of thebargaining unit members who serve as officers of the bargaining unit and the duly electedrepresentatives who will attend the conferences or conventions under $ 15.3. This notificationwill occur during the first week of January each year. The UG shall be notified of any changesin the above names electronically or in writing that may occur.$ 15.2 Bulletin BoardsThe Union shall be entitled to post notices of regular and/or special meetings of Local3475 onbulletin boards located in the UG buildings set forth thereinafter. These bulletin boardsmust be purchased and maintained by the Union. The notices should be dated and signed andrernoved in a timely fashion. The Union may also post, at the designated location, a listing ofthe officers and stewards of Local 3475. There shall be allowed one bulletin board at each ofthe following locations :City HallPolice HeadquartersAnimal ControlCourthouseCourthouse AnnexNeighborhood Resource Center (NRC)Juvenile Detention FacilityUG must approve the specific location for the bulletin boards within each building andthe size thereof. It shall be the duty of the Union to remove materials which are outdated or{K0379190.DOC,' 1} 30

unauthorized.S 15.3 Conventions or ConferencesDuly elected Union delegates (not to exceed three (3) per convention or conference andnot to exceed two conventions or conferences per year) may be permitted time off to attend thebi-annual state or national A.F.S.C.M.E. or AFL-CIO convention. Provided that, such time offmay be charged to the employee's accumulated vacation, compensatory time or leave withoutpay. Leaves without pay and compensatory time usage shall be applied for and may be grantedin accordance with the applicable sections of UG's Human Resource Guide. Provided furtherthat, any employee may not use more than a total of six (6) leaves without pay days in anycalendar yem for this purpose. Provided, further, that UG must have adequate manpower toprovide the services of the ernployee's Division, Department or Unit in their absence in order toallow the employee to be absent for this purpose.$ 15.4 Employee Attendance at Conferences, Seminars and/or WorkshopsEmployee attendance at conferences, seminars and/or workshops shall be governed bythe applicable portions of UG's Human Resource Guide.S 15.5 Payroll Deduction of DuesUG agrees to deduct, once each month, dues in an amount certified by the Union andauthonzed in writing by the employees who individually request, in writing (Dues DeductionAuthorization Form), that such deductions be made. Employees may revoke the authonzationby giving notification during the month of January of any year, to the Employer and to theCouncil 72 office. The total amount of such authorized deductions shall be remitted by theEmployer to Council 72.{K0379190.DOC; 1} 31

S 15.6 Job Descriptionsrequest.When job descriptions are updated the UG shall provide copies to the Union uponARTICLE 16 . LEAVES OF ABSENCE$ 16.1 Leaves of AbsenceLeaves of absence shall be without pay unless specifically stated that they are to be withpay.$ 16.2 General Leaves of AbsenceAny general leave of absence that may be granted is the decision of the Administrator.The maximum general leave of absence shall be thirty (30) calendar days. The Administrator,at his discretion, may extend a General Leave, but not for more than thirty (30) calendar days.Any employee desiring a general leave of absence or extension thereof shall submit a writtenrequest to his Director setting forth the reasons for the request at least seven (7) calendar daysprior to the commencement of the requested leave, or extension thereof, except in cases ofemergency. An employee on general leave of absence shall not be entitled to receipt of anybenefits under this Memorandum or under law.S16.3 Military LeaveAny employee who voluntarily or involuntarily enters active duty in any branch of themilitary service, including all guard and reserve units of the armed forces of the United States,may be placed on military leave of absence without pay. Any employee who is a member of theNational Guard or any other component of the Military Reserve may be granted a leave ofabsence without pay to meet his military obligation in accordance with federal law. Military{K0379190. DoC; 1} 32

obligation means required summer camps and meetings, and may or may not, in accordancewith FederalLaw, include camps and training sessions attended voluntarily. In either case, suchemployee shall comply with existing Federal law and regulation and shall comply with UGprocedures in requesting such leave and upon his separation from the service he shall be entitledto such benefits accruing to him under existing Federal laws and regulations. An employee onmilitary leave shall report for duty with UG within ninety (90) days of his separation fromservice on his initial tour of duty or he will be considered as having voluntarily resigned.Neither sick leave nor vacation time shall accrue during military leave.S 16.4 Funeral LeaveEach employee shall have, in the event of a death in his immediate family, three (3)consecutive calendar days off with pay, commencing any time from the day of death throughthe day of the funeral. The employee may be granted one (l) additional day off with pay forverified travel in excess of 500 miles. The term "immediate family" shall include theemployee's spouse, children, step-children, grandchildren, parents, adoptive parents, stepparents, grandparents, brother, sister, parents ofspouse, grandparents ofspouse, brother-in-law,sister-in-law, son-in-law, and daughter-in-law or any relative residing in employee's homeimmediately prior to the date of death. A Department head may grant, within his solediscretion, to employees, the use of accrued and unused compensatory time, vacation orholidays for an employee to attend other funerals. The employee must provide satisfactoryproof of death and his attendance at the funeral.S 16.5 Jury DutyIf an employee is absent from work because of jury service, he shall be paid his regularrate of pay,less jury pay.{K0379190. Doc; 1} 33

$ 16.6 Sick LeaveA. Entitlement1) All regular employees shall be allowed leave with pay on account of sickness ornon-duty related injury at the rate of one and one-forth (lr/4) calendar days for eachcalendar month of full service by such employees, credited at month's end.2) Sick leaves shall not accumulate during general leaves of absence, extendedmilitary leave, suspensions or layoff.3) Employees must actually work or be credited with working at least seventeen(17) days per month in order to accumulate the referenced Sick Leave entitlement.B. Limitation of AccumulationThere shall be no limit on the number of sick days that the employee may accrue.C. RetirementAt retirement (or upon death while ernployed), if the employee has sick leave on thebooks, he will receive a bonus: Three (3) months pay is given as a reward to the employee whohas at least ninety (90) working days of sick leave on the books; the reward for less than ninety(90) working days of sick leave is given by exchanging one (1) working day for one (1)calendar day and prorating at one-thirtieth (1/30) of a month for each calendar day.D. VoluntarvResisnationUpon an employee's voluntary resignation from employment with the UnifiedGovemment, which does not include involuntary termination of employment by the UG,resignation without provision of at least two (2) weeks written notice by the employee, or thegranting of a regular or disability retirement, the resigning employee shall be entitled to receivepay for a portion of his accumulated sick leave based upon the following conditions:{K0379r90.DOC,. 1} 34

1) Accumulated sick leave for these purposes is computed by exchanging onesick day for 1/30th of a months pay at the ernployee's base pay rate.2) Schedule for sick leave payment:Continuous Completed Years of ServiceFraction of Base Months PavO-4Years 05-TYears -10/30th8 - l0 Years - 15/30th11 - 13 Years - 20/30th14 - 16 Years - 25l30th17 - 19 Years - 30/30th20 Years or more - 35/30thUnder no circumstances shall an employee be paid more than the maximum payout setforth herein.E. Use ProvisionThe payment to an employee of paid sick leave shall be subject to the followingrules:1) Sick leave may only be used for the purpose for which it was intended,that being to provide an employee with protection against a loss of pay due to a bona fideillness or non-duty related injury. Sick leave may be utilized for maternity leave,physical or mental illness, or to attend to the employee's children, spouse or parent, whoreside with the employee and whose illness or injury requires the employee's presence.2) The granting of sick leave shall be the determination of UG.3) The employee shall not be entitled to receive paid sick leave unless heshall notifr his immediate supervisor of his illness before such paid sick leave is due to{K0379190.DOC;1} 35

egin, unless the delay of such notification can be shown to be unavoidable.4) If UG has reasonable grounds to believe sick leave is being abused, itfrày, at its discretion, require any employee requesting sick leave to furnishsubstantiating evidence or a statement from the employee's attending physician,certifying that absence from work was required due to bona fide illness or non-dutyrelated injury. If the ønployee does not furnish substantiating evidence or a physician'sstaternent, the ønployee may be subject to discipline.5) UG shall have the right, at its discretion, to verify any report of aphysician conceming the illness or disability of any employee and to require theemployee to be examined, at UG's expense, by a physician selected by UG to determinethe nature and extent of the illness or disability.6) Employees on sick leave are prohibited from being gainfully employedby atry employer other than UG.7) After any extended illness, an ernployee shall be required to provide arelease from a hospital or physician that the ernployee is able to return to duty.8) If an employee is granted sick leave to a specific date and returns to workprior to such date, the employee must notify his Department or Division within five (5)calendar days of his return or he will forfeit his sick leave through the original dategranted.9) Any regular employee who is absent for more than three (3) consecutivework days due to illness or off-duty injury shall furnish to his supervisor a certificatefrom a duly licensed physician or other licensed health care provider, verifying theillness or injury and the probable length of time it will be necessary for the employee to{K0379190. Doc; 1} 36

e absent due to such illness or ofÊduty injury, such certificate shall be considered partof the employee's personnel record.F. Excessive Use CategoryIf any employee, within any twelve (12) consecutive month period, has either: 1) usedsick leave on seven (7) or more occasions or 2) used three (3) or more sick leaves immediatelybefore or immediately after his regular days off, vacations days, holidays, or any paid leave ofabsence; he shall be classified as an "excessive user of sick leave". The ernployee shall benotified, in writing, when he is so classified and shall be subject to the following rulesconceming use of sick leave:1) For the following twelve (12) month period, which coÍrmences on the date of thelast sick leave occurrence that causes the employee to become categorized as anexcessive user of sick leave rather than the date upon which the employee is notified ofhis classification as an excessive user of sick leave, the employee shall fumish astatement from a licensed physician or licensed health care provider, to his supervisor oneach occasion the employee uses sick leave. The statement shall contain the physician'sreport as to the cause for the employee's absence, the treatment being provided, theprobable length of time of the necessary sick leave and the physician's statement that theemployee was unable to work the day that he was absent. If the employee does notfurnish a physician's statement as provided, he shall receive the following discipline:a) lst offense -- four (4) work days suspension without pay.b) 2nd offense -- seven (7) work days suspension without pay.c) 3rd offense -- termination.2) If the "excessive user" employee during the following twelve (I2) consecutive{K0379190.DOC;1} 31

month period shall either: a) use sick leave on seven (7) or more occasions, or b) usethree (3) or more sick leaves immediately before or immediately after his regular daysoff, vacation days, holidays, or any paid leave of absence, then in either case he may besubject to termination.3) Sick leave use for prearranged physician's, dentist's or oral surgeon'sappointments, when the employee is absent from work for four (4) hours or less, shallnot be considered a use of sick leave for purposes of identiÛring excessive users,provided that the employee, upon request, provides satisfactory verification that he hasactually attended said appointment.$ 16.7 Personal LeaveEmployees may, with the immediate supervisor's and the Director's written permission,take a personal leave with pay. This personal leave shall not exceed (3) days and will becharged to the individual employee's accumulated sick leave. No employee shall be entitled tomore than three (3) days of personal leave in a calendar year.$ 16.8 Sick Leave Donation1. Bargaining unit members may donate up to 40 hours per calendar yeat of sickleave to other eligible bargaining unit mernbers who have a catastrophic or life threateningillness or are providing care for those persons identified in $ 16.6 E. 1. who have a catastrophicor life threatening illness whether or not those persons reside with the ernployee and haveexhausted all paid leave time. The donating employee must have at least 100 hours of sick leaveaccrual remaining after the donation. The donating employee may specifically designate towhom the donated hours may be given.2. Donated sick leave will not be converted into any other compensation and will not{K0379190.DoC,. 1}3B

e paid out upon separation. Once donated, sick leave cannot be returned to the donee.3. Employees on workers' compensation leave or receiving disability payments froma UG sponsored disability policy are not eligible for donated sick leave. Employees disciplinedfor violation of the sick leave policy set forth in this contract during the previous twelve (12)months are not eligible to receive donated sick leave. Employee must have successfullycompleted their probationary period in order to be eligible to receive donated sick leave.4. Donations and requests for donations should be made on forms and turned intoHuman Resources. Human Resources staff will administer the program and determineeligibility based upon criteria stated in this policy. Human Resources staff will consult withemployee's department head regarding the request and grant the number of hours needed eachpayroll to those eligible employees so long as sufficient hours have been donated by bargainingunit members.S16.9 Unspecifìed Paid LeaveBecause there were not be any wage increases for the period between the years 2010 and2012, bargaining unit members who have been on staff since December l,20ll will receive 40hours of unspecified paid leave which must be used before December 31,2015. Prior to usage,this leave must be requested from the employer and will be granted subject to manpowerrequirements and will not be unreasonably denied. This unspecified paid leave will not be paidout at retirement.S 17.1 GeneralARTICLE 17 - VACATIONSAfter completing one (1) year of service, each regular employee shall be entitled to{K0379190.DOC,. 1} 39

vacation pay which will be prorated in accordance with $ 17.5 of this Article for any portion ofthe initial year of employment occurring before January 1. Thereafter, vacation pay shall beearned from January I of each year to January 1 of the next year as provided in $ 17.2.S 17.2 Vacation Entitlement-2013-2015entitlements:Employees covered by this Memorandum will be entitled to the following vacationContinuous CompletedYears Vacation EntitlementI through 4 years 88 hours (l I eight-hour work days)5 through 8 years 136 hours (17 eight-hour work days)9 through 13 years 160 hours (20 eight-hour work days)14 through 19 years 200 hours (25 eigþt-hour work days)After 19 years 224hours (28 eight-hour work days)Employees must have completed the requisite years of service prior to January I of agiven year in order to be eligible for greater vacation benefits that year.S 17.3 Holidays and SchedulingThe vacation period and schedule of vacation of each qualified employee shall be set byseniority within job classifications, job assignments and desire and preference of the employee,consistent with the efficient operation of UG. Seniority may only be exercised by the individualemployee on his first choice for a vacation period.S 17.4 ExceptionEmployees shall not accrue vacation time while on leave of absence, layoff, suspensionor while absent due to an injury or illness unless they are on approved sick leave. In the eventan employee is absent from work on an authorized leave of absence, or on layoff status or due{K0379190.DOC,. 1} 40

to a non-work related illness or injury for which he is not on approved sick leave, his vacationpay shall be reduced pro rata to the portion of the year he earned and was eligible for vacationprivileges.$ 17.5 Pro rata VacationFor the purpose of computing vacation pay, an employee shall earn one-twelfth (lll2) ofhis vacation pay for each month of service during the twelve month period preceding January Iof each year. Each month in which an employee works one hundred thirty-six (136) hours shallbe considered a month of service.$ 17.6 Vacation Buy-OutEmployees shall be entitled to be paid in cash at the time of retirement or separation fromemployment with UG for accrued unused vacation pay standing to his credit at the time of hisretirement or separation. In the case of death in service of any employee, such payment shall bepaid to the person or persons designated as that employee's beneficiary or beneficiaries underthe Kansas Public Employees Retirement System (K.P.E.R.S.)S 17.7 SchedulingA. Increments:Employees shall be required to take their vacation at a minimum of f,rve (5) eighthour days or the equivalent in work hours at a time, except that employees workingeight(8) hours per shift may request to take up to ten (10) eight (8) hour days andemployees working twelve(l2) hours per shift may request to take up to eight (8)twelve (12) hour days, or the equivalent in work hours of their annual vacationentitlement in one day increments and they may request to take up to two days orthe equivalent in work hours of their annual vacation entitlement in one-half the{K0379190.DOC,. 1}4L

assigned shift which shall not be credited as time worked for overtime computationpurposes schedule permitting and when the request is approved by the appropriatesupervisor.For those employees assigned to twelve (12) hour shifts per day, each day of vacationentitlernent shall be in the same number of hours as the employees then assigned shift even ifthe employee's shift was different when the vacation entitlernent was earned.B. Notification:Employees shall state in writing to the UG their preference for scheduling of theirvacation time by no later than February I of any year. UG shall attempt to meet theemployee's stated preference based upon the employee's UG seniority. UG shallpost the vacation schedules by March I of that year. In any event, all vacationsmust be scheduled in accordance with the UG's needs by July 1 of the same year orthey shall be assigned by UG. Employees may be entitled to trade assigned vacationtime, not to exceed five (5) days, with other qualified employees when writtenrequest is made for such trade, signed by both trading employees, and approved byUG.C. Carry Over:Employees may be allowed to carry over up to five (5) eight hour working days orthe equivalent in work hours of vacation to the next calendaÍ year, provided that thetotal amount of carried over vacation may not exceed ten (10) eight (8) hourworking days or the equivalent in work hours. The accreted employees, referencedin $ 2.7 herein, who have more than eighty (80) hours of accrued vacation as of theeffective date of the execution of this Memorandum, shall be allowed until{K0379190.Doc; l} 42

December 31,2004 to reduce their vacation carryover to the amounts permittedherein.D. EMERGENCY OR SHORT NOTICE USE:Employees may request the use of up to two (2) vacation days per calendar year forunforeseen circumstances subject to the staffing needs of the Department and subjectto supervisory approval. Such requests will not be unreasonably denied.$ 18.1 Designated HolidaysARTICLE 18. HOLIDAYSEligible employees shall receive one (l) day off with pay for the following holidays:New Year's DayMartin Luther King DayPresident's DayGood FridayMemorial DayIndependence DayLabor DayVeterans'DayThanksgiving DayDay after ThanksgivingChristmas DayS 18.2 Additional HolidaysEmployees shall receive all other holidays declared to be official UG Holidays by theUnifi ed Government Commission.$ 18.3 Observance of Saturday and Sunday HolidaysHolidays which fall on a Saturday or Sunday will be observed on the preceding Friday oron the following Monday.{K0379190.DOC;1} 43

$ 18.4 Work on a HolidayAny employee who is eligible for holiday pay and works on a designated holiday shall bepaid at two (2) times his base rate for all hours actually worked.ARTICLE 19 - MEDICAL PLANS 19.1 CoverageUG agrees to offer the employees of the bargaining unit the same medical plans(s) whichare made available to UG's ernployees generally, excluding UG's Fire Department. Thepremiums for these medical plans for those employees who elect to purchase such coverageshall be paid as follows:January l. 2013 throueh December 31.2015UGIndividual coverageDependent coverageEmployeel00Yo *75o/o * 0%2s%* These percentages of the insurance premiums shall be those percentages of theaverage cost for the UG's least expensive medical plan. Should the UG offer a more expensivemedical plan and an employee(s) should select to be covered by the same, then the employeeshall be responsible to pay any and all additional premiums.The plan and coverage may be modified by the Unified Govemment in order to keepcosts of the medical plan lower.S 19.2 UG Benefit CommitteeThe Union is permitted to have two (2) representatives on the UG Benefit Committee,which representatives, will be entitled to attend any meeting where health insurance covering{K0379190.DOC; 1} 44

A.F.S.C.M.E. represented employees are discussed or voted upon. Attendance at thesemeetings outside of normal work hours will not be compensable time.$ARTICLE 20. RETIREMENT AI{D PENSION FUND20.1 Retirement and Pension FundAll employees shall come under the Kansas Public Employees Retirement System(KPERS) as set forth by Kansas law. Procedures for application for retirement benefits shall beas established by the State.ARTICLE 21 - WORKER'S COMPENSATION$ 21.1 Workerrs CompensationAn employee who sustains injuries arising out of and in the course of his employmentshall be covered by the provisions of the Worker's Compensation Act of the State of Kansas. Ifthe employee is temporarily totally disabled as defined by the Workers' Compensation Actbecause of such injuries, he shall receive the difference between his regular base pay and the'Worker's Compensation benefits he receives of the time period that his total disability continuesbut not to exceed the first six (6) weeks of any such injury. Compensation following the firstsix (6) weeks of an employee's injury shall be governed solely by the Kansas 'Worker'sCompensation Act, except that such employee may use his accrued sick leave or vacationentitlernent to supplement his pay for the period between six (6) weeks and twelve (12) weeksof the employee's temporary total disability. Compensation following the first twelve (12)weeks of an employee's injury shall be governed solely by the Kansas Worker's CompensationAct, except that such employee may use his accumulated vacation to supplement his pay{K0379190.DOC,. 1} 45

thereafter during his temporary total disability. No employee will receive more income as aresult of receiving the benefits of this section than he would have received had he been workingand receiving his base pay during this time period. Employees on temporary total disability areprohibited from being gainfully employed by an employer other than the UG or from being selfemployed.The UG may allow and/or require employees on Worker's Compensation leave to returnto light duty if they are able to perform the work in which event they may be placed at thediscretion of UG. However, any light duty allowed shall not exceed twelve (12) months ftomthe employee's refurn to duty.ARTICLE 22 - UNION/NIA¡IAGEMENT SAFETY COMMITTEE$ 22.1 Committee CreatedIt is the express policy of the Employer and the Union to cooperate in an effort tocontinue to improve health and safety matters. The parties agree that it is in the best interest ofUG, the Union, employees and citizens of Wyandotte County/Kansas City, Kansas, thatequipment should be operated properly and safely and that all reasonable safety precautions anddevices should be utilized. In the furtherance of this policy a joint Union/ Management SafetyCommittee is established.522.2 Committee Composition, Meeting, etc.The Joint Union/Management Safety Committee, hereinafter called "Safety Committee",shall meet regularly, as necessary and shall be comprised of the following members: UG's RiskManager or designee, who shall be the Chairperson of the committee; two (2) persons appointedby the Administrator; and two (2) employees appointed by the Union. This Safety Committee{K0379190.DOC.. 1} 46

shall consider health and safety matters relating to all bargaining unit employees and may makeperiodic inspections to detect and evaluate potential health and safety hazards. The SafetyCommittee shall have the responsibility or reporting to the Administrator or his designee healthand safety problems and the Administrator or his designee may, at his sole discretion, initiatesuch action as necessary to see that these items are corrected.5223 Safety Rules and RegulationsSafety rules and regulations may be recommended by the Safety Committee to UG andUG shall have the right to adopt, reject or revise said rules and regulations. There shall not beany rules or regulations promulgated until said rules and reguiations are adopted by UG.Employees who violate safety rules shall be subject to disciplirre.522.4 Safety Devices & EquipmentSafety devices and other equipment deerned necessary by UG for the proper protectionof employees shall be provided, if funds are available for this purpose.ARTICLE 23 . COMPENSATION$ 23.1 \üagesBargaining unit employees' wages for the calendar year 2013, shall be as set forth inAppendix A attached hereto.Building and Code Inspectors - If or when Building or Code Inspectors obtaincertification or certifications recognized by the Unified Government within their trade, on a onetime basis they will be placed two pay ranges up from the base range in their same step, effectiveJuly 1, 2005. These certification or certifications must be maintained in order to retain the twopay raîEe increase. If the certification or certifications are lost, the employee will be returned to{ K0 3 7 9 1 9 0 . DOC ; 1 } 47

the pay range appropriate for the inspector without certification.Upon appropriate certification, Inspector I will go from Range 31 to designation asInspector IA in Range 33.Upon appropriate certification, Building Inspector I will go from Range 41 to designationas Building Inspector IA in Range 43.Upon appropriate certification, Building Inspector II will go from Range 45 to new Range47.523.2 Time In GradeA. New Hire and promotion probationary employees shall be placed at Step I asreferenced in Appendix 1 attached hereto and those employees must serve six (6)months at this step and otherwise qualify before being eligible for advancement toStep B.B. Employees at Steps B, C or D must serve at least thirtytwo (32) months in thoseSteps before being eligible for advancement to Step C, D or E respectively.Provided that the former Wyandotte County employees who have been accreted toUnified Government shall be required to work thirty-two (32) months from July 1,2002, in order to be eligible to be advanced to the next Step on the Monthly PayScale, Appendix A, attached hereto.C. STEP EStep E rates shall be as set forth in the Wage Appendix.$ 23.3 LongevifyThe following longevity pay shall be added to the monthly salary of each regularemployee who qualifies for such pay:{K0379190.DOC,. 1}4B

Continuous Completed Numberof Years as an EmployeeRate Per Month5 years10 yearsl5 years20 years25 years$ 23.4 Interpreters Pay$10.00$20.00$80.00$100.00$120.00The UG may select not more than ten (10) bargaining unit employees to serve ascertified foreign language or signing for the deaf interpreters within the municipal court, thepolice de,partment, the neighborhood resource center or wherever they may be needed within theUG. Various foreign languages shall be represented by the ernployees who are certified andselected by the UG, at the discretion of the UG. These employees selected by UG to so servemay be entitled to receive pay for such duties under the following conditions:l) They receive certification by an accredited institution of secondaryeducation (University, College, Junior College, etc.) as a qualifiedinterpreter within the designated foreign language or signing for the deafand such certification is provided in writing to the employee's respectivedepartment/division heads and recertified on a trienrial basis, i.e., 36months after that bargaining unit member's initial certification and every36 months thereafter unless modified by a Memorandum of Agreernent.2) They be selected by their department/division head to serve as an UGforeign language or signing for the deaf interpreter within one of theabove referenced departments/divisions.3) These selected and certified employees shall receive additionalcompensation of fifty dollars ($50.00) per month for those months that{K0379190.Doc,' 1} 49

they serve as a certified UG interpreter and are actually at work for theUG fifteen (15) or more work days of each month for which they receivethis pay.4)Use of these certified interpreters shall be at the discretion of theappropriate departmenldivision head or designee. Any certifiedinterpreter who is on duty shall be available for use at the direction of theappropriate department/division head or designee. If the certifiedinterpreters decline a request to perform the requested duties, then thatemployee may be removed from eligibility as a certified interpreter andshall not be paid or allowed to remain on the UG certified interpreter list.ARTICLE 24 - USE OF AUTOMOBILESS 24.1 Monthly Allowancea. Those bargaining unit employees cuffently receiving a vehicle allowance shallcontinue to receive this allowance. However, if the UG provides vehicles todepartments whose bargaining unit members are currently receiving a vehicleallowance and there are fewer vehicles offered than bargaining unit members, UGvehicles shall be assigned to those bargaining unit mernbers who volunteer toaccept the UG owned vehicle assignment in lieu of a vehicle allowance. In theevent there are fewer volunteers than UG vehicle available for assignment,vehicles will be assigned based upon reverse seniority. Bargaining unit membersassigned a UG vehicle shall not receive a monthly car allowance.b. If a newly hired bargaining unit member is eligible to receive a vehicle{K0379190. DOC; 1} 50

assignment and there are not any UG vehicles available for assignment, the moresenior bargaining unit members who were involuntarily assigned a UG vehiclemay elect to receive the vehicle allowance and the newly hired bargaining unitmernber will receive the UG assigned vehicle. The opportunity to opt for avehicle allowance will be by seniority as defined in this contract.c. For those bargaining unit members receiving a vehicle allowance, the allowancemay be increased or decreased if costs associated with the operation of a motorvehicle change. Cost changes will be assessed using the factors used by the IRSin determining allowable mileage rates.524.2 Daily UseEmployees who are required to use their personal vehicles in the regular course of theiremployment may do so only after receiving permission of their immediate supervisor to do so.Employees who are required to use their personal vehicles shall be paid at the appropriate rateper mile. The mileage driven on UG business must be verified by the employee on theappropriate UG forms.S 24.3 Verification of RequÍrementsAll employees who are required to either drive or maintain driving privileges in thecourse of the performance of their duties must provide both proof of a current driver's licensewith required certification where necessary and proof of current automobile liability insurance.Employees with restricted driving privileges shall not work in any capacity for the UG whensuch restrictions interfere with their ability to perform all of the duties of their position and maybe subject to discipline. Failure to provide proof of driver's license and insurance verification asrequested by UG shall be cause for disciplinary action, including termination. Failure by the{K0379190.Doc,. 1} 51

employee to notiff his/her supervisor in writing of any suspensions, revocations or restriction ofdriving privileges before commencing any work assignment shall be cause for disciplinaryaction, including termination.ARTICLE 25 - MISCELLANEOUS WORK RULESS 25.1 ResignationAn employee wishing to resign from UG shall provide his department or division head,at least fourteen (14) calendar days before his last day of work, a written resignation stating thedate his resignation shall become effective and his reasons for leaving.S 25.2 Personnel FileEmployees may review their own personnel file, during working hours, upon providing awritten request to the Personnel Division and, when feasible, as long as the appropriatesupervisory personnel are present for said review. Such requests may not exceed more than one(l) time in any twelve (12) month period, except that such limitation shall not apply to a reviewinvolving the investigation of a grievance filed by the employee whose file is being examined.Employees may have a Union Steward present while reviewing his personnel file if desired.Personnel files shall not be permitted to leave the appropriate office. Requests for a reasonablenumber of copies of documents will be granted, with an appropriate charge being made.Employees will be furnished with copies of their periodic evaluations and any disciplinaryaction taken against them.S 25.3 \ilork RulesUG may promulgate departmental or divisional work rules, standards andlor regulationsgoverning UG employees' conduct, provided that such rules, standards andlor regulations do not{K0379190.Doc,. 1} 52

conflict with the provisions of this Memorandum. Newly established rules, standards orregulations or amendments to existing rules, standards or regulations shall be reduced to writingand furnished to the Union.S 25.4 Employee Assistance ProgramUG shall continue to provide all employees covered by this Agreement with anEmployee Assistance Program under similar terms and conditions accorded other employees ofUG, as outlined in the UG's Human Resource Guide and as may be amended from time to time.$ 25.5 Personal Property ReplacementIn the event an ernployee's persona; property is damaged as a result of action taken in thecourse and scope of employment, the employer shall repair or replace any such personalproperty. Prescription eyewear shall be replaced at actual cost. Jewelry, watches and otheritems shall replaced to a maximum of $200.00. Employee must provide proof of loss ordamage, replacement cost or, in case of personal property other than prescription eyewear, proofof loss or damage and value of the personal property.ARTICLE 26 . UNIFORMS, CLOTHING AND EQUIPMENTS 26.1 UniformsA. Facilitv Management and Police Department EmploveesRegular employees of the bargaining unit who are employed within UG FacilitiesManagement Department or Police Department, who are required to wear uniformson duty, shall be fumished uniforms and said uniforms shall be cleaned at UG'sexpense. Should Unified Government and the Union mutually agtee in writing tomodifu the provision of uniforms to animal control officers, this agreement will not{K0379190.Doc,'1} 53

e prohibited. When animal control officers are hired they shall be provided a dutybelt with the appropriate attachments deemed necessary by the UG and shall beprovided thirty dollars ($30.00) per year to maintain said specialized equipment.BRegular bargaining unit employees employed within UG's Code Enforcement andBuilding Inspection Departments who are required to wear uniforms shall continueto receive these uniforms during the life of this agreement consistent with thecurrently existing uniform policies of those Departments.C. Municipal Court EmployeesMunicipal Court employees who have successfully completed the probationaryperiod will be provided with an adequate number of uniform shirts to as determinedby the U.G.526.2 Use of Uniforms, Clothing and EquipmentEmployees who are provided uniforms, inclement weather gear or equipment, shall wearsuch uniforms or gear or use such equipment only during working hours, in performance of UGduties and in the manner prescribed by the UG and/or assigned work unit. Employees whoviolate this provision shall be subject to discipline. When UG employment is terminated forany reason, the employee is required to return the issued items and the UG may withhold areasonable amount of the employee's funds to compensate the UG for uniforms, gear andlorequipment not so returned. Employees who are required to maintain uniforms in a good andclean condition, are subject to discipline for not so maintaining same andlor not being properlydressed in the required uniforms during working hours.{ K0 3 7 9 1 9 0 . DOC ; 1 } 54

ARTICLE 27. ENTIRE MEMORANDUM OF AGREEMENT$ 27.1 Entire Memorandum of AgreementThis Memorandum of Agreement supersedes and cancels all previous agteements and allexisting unwritten practices between UG and the members of the bargaining unit and constitutesthe entire Memorandum between the parties, except as to those areas of employment notcovered herein which are subject to UG ordinances existing at the date of this Memorandum.Agreements or practices established between the parties following the effective date of thisMemorandum are not prohibited by this Article. Any conflict that may exist between existingor future UG ordinances and provisions of this Memorandum of Agreement shall be determinedin favor of this Memorandum of Agreement. Any amendment or agreement supplementalhereto 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 thisMemorandum, each had the unlimited right and opportunity to make demands and proposalswith respect to any subject or matter not removed by law from the area of collective meetingand conferring, and that the understandings and agreements arrived at by the parties after theexercise of that right and opportunity are set forth in this Mernorandum.Therefore, the UG and the Union, for the life of this Memorandum, agree that the othershall not be obligated to negotiate collectively, but may if mutually agreeable, with respect toany 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 anyfurther breach of this Memorandum.{K0379190.DOC,. l} 55

ARTICLE 28. SAVINGS CLAUSES 28.1 Savings ClauseShould any term or provision of this Memorandum be in conflict with any state orfederal statutes or other applicable law or regulation binding upon the UG, the City or theCount¡ except City or County, ordinances, such law or regulation shall prevail. In such event,however, the remaining terms and provisions of this Memorandum will continue in full forceand effect.If any article or section of this Memorandum shall be held invalid by operation of law orby any tribunal or competent jurisdiction, or if compliance with the enforcement of any articleor section shall be restrained by such tribunal, the remainder of this Memorandum shall not beaffected thereby and the parties shall enter into immediate collective negotiations for thepurpose of arriving at a mutually satisfactory replacønent for such article or section.ARTICLE 29. DURATIONS 29.1 I)urationThis Agreement shall become effective on the date of final execution by the parties andshall remain in effect through midnight December 31,2015 with the exception of the economicreopeners as set forth in the next sentence. The UG and the Union agree they will attempt tobegin discussions on or about July 1, 2073 to meet and confer regarding economic issueseffective for calendar year 2014 to attempt to arrive at a new Memorandum of agreement to beeffective January 1,2014 and attempt to begin discussions on or about July 1, 2074 to attemptto arrive at a new Memorandum of agreement to be effective January 7,2075.{K0379190.DOC;1} 56

A¡ID DRUG FREE \ilORICLACE & TESS 30.1 Alcohol and Drug Free Workplace and TestingThe Union and UG agree to be governed by the City's/UG's Alcohol and Drug TestingProgram. In addition, bargaining unit ernployees shall be subject to the Drug Free WorþlaceAct of 1988, as amended, and UG policy concerning ernployees alcohol and drug use testing.ARTICLE 31 - SMOKE FREE \üORI(PLACES 31.1 Smoke Free \ilorkplaceThe Union and UG agree to be governed by the UG's policies and procedures concerningthe Smoke Free Worþlace.ARTICLE 32 - UG'S ORDINANCES AND RESOLUTIONSS 32.1 UG Ordinances and ResolutionsThe following sections of the UG's Human Resources Guide shall apply to all employeescovered by this Memorandum:Sec. 2.1Sec.2.2Equal Opportunity in EmployrnentHarassment in the WorkplaceSec.2.l7 Adverse'WeatherSec. 3.6 Unemployment CompensationSec. 5.1(4) Sick Leave DonationSec 5.1(5) Sick Leave BuyBackSec.5.6Sec. 5.8FMLACourt Appearances by Employees{K0379190.DoC.. 1} 57

Sec. 6.2Driver Safety & Accident ReportingSec. 7.1(k) Rules & Discipline GuidelinesSec. 7.3Responsible Use of Information TechnologyRULES AND DISCIPLINE POLICYARTICLE 33 . GAINSHARING$ 33 GainsharingThe parties agree to form a Gainsharing Committee, which shall consist of 6 members.Three of the members shall be selected by the Union and three selected by the UG. Thecommittee shall be charged with the responsibility of attempting to identify potential subjects ofmeaningful, quantifiable and documentable savings within the divisions, departments, units, etc.of the UG in which B.U. mernbers are employed. Those employees employed within otherdivisions, departments or units that are represented by other collective bargainingrepresentatives shall be excluded:The committee shall submit its report(s) to the UG Administrator for his/trer and theUG's consideration.If the UG Administrator and the UG agree that the committee has identified areas ofmeaningful quantifiable and documentable savings, the committee shall be directed torecommend a systøn for implementation of the agreed gainsharing program. Thisreconìmendation shall be considered by the UG for adoption, modification or other action.{K0379190.DOC; 1}5B

IN WITNESS WHEREOF, THE CITY AND THE LINION have hereunto set their thisday of ,2012.UNIFIED GOVERNMENT OFWYANDOTTE COUNTY/KANSAS CITY,KANSASA.F.S.C.M.E., Council No. 72DateApproved as to form:DateJody Boeding, Chief CounselAttest:Unified Government Clerk{K0379190. DOC,. 1} 59

Club House Attendant (3202)Appendix A - WagesUnified Government of WYCO/KCKAFSCME Paygrade1/1/13 thru 12/31/136A 6B 6C 6D 6E17,971.20 18,428.80 19,344.00 20,300.80 21,257.601,497.60 1,535.73 1,612.00 1,691.73 1,771.47691.20 708.80 744.00 780.80 817.608.64 8.86 9.30 9.76 10.22Security Guard (6190)15A 15B 15C 15D 15E22,526.40 23,067.20 24,252.80 25,480.00 26,603.201,877.20 1,922.27 2,021.07 2,123.33 2,216.93866.40 887.20 932.80 980.00 1,023.2010.83 11.09 11.66 12.25 12.79Office Assistant II (0121)19A 19B 19C 19D 19E24,835.20 25,459.20 26,707.20 28,017.60 29,328.002,069.60 2,121.60 2,225.60 2,334.80 2,444.00955.20 979.20 1,027.20 1,077.60 1,128.0011.94 12.24 12.84 13.47 14.10Clubhouse Assistant (3201)/Data Entry & Control Clerk I (1211)20A 20B 20C 20D 20E25,521.60 26,145.60 27,435.20 28,828.80 30,118.402,126.80 2,178.80 2,286.27 2,402.40 2,509.87981.60 1,005.60 1,055.20 1,108.80 1,158.4012.27 12.57 13.19 13.86 14.48Caretaker (4101)21A 21B 21C 21D 21E26,124.80 26,748.80 28,100.80 29,515.20 30,846.402,177.07 2,229.07 2,341.73 2,459.60 2,570.531,004.80 1,028.80 1,080.80 1,135.20 1,186.4012.56 12.86 13.51 14.19 14.83P. 1 of 6

Data Entry & Control Clerk II (1212)/Appendix A - WagesUnified Government of WYCO/KCKAFSCME Paygrade1/1/13 thru 12/31/13Program Aide (1401)/Switchboard Operator (0100)24A 24B 24C 24D 24E28,100.80 28,808.00 30,222.40 31,740.80 33,217.602,341.73 2,400.67 2,518.53 2,645.07 2,768.131,080.80 1,108.00 1,162.40 1,220.80 1,277.6013.51 13.85 14.53 15.26 15.97Engineering Technician I (1101)/Facility Worker (3301)25A 25B 25C 25D 25E28,870.40 29,577.60 31,096.00 32,635.20 34,112.002,405.87 2,464.80 2,591.33 2,719.60 2,842.671,110.40 1,137.60 1,196.00 1,255.20 1,312.0013.88 14.22 14.95 15.69 16.40Greenskeeper (3210)/Office Assistant III (0119)/Court Clerk I (0140)26A 26B 26C 26D 26E29,577.60 30,305.60 31,844.80 33,446.40 34,964.802,464.80 2,525.47 2,653.73 2,787.20 2,913.731,137.60 1,165.60 1,224.80 1,286.40 1,344.8014.22 14.57 15.31 16.08 16.81Parking Control Officer I (2210)/Juvenile Detention Officer (5330)27A 27B 27C 27D 27E30,284.80 31,096.00 32,635.20 34,236.80 35,817.602,523.73 2,591.33 2,719.60 2,853.07 2,984.801,164.80 1,196.00 1,255.20 1,316.80 1,377.6014.56 14.95 15.69 16.46 17.22P. 2 of 6

Administrative Support Assistant (0098)Building Maintenance Worker (4110)Appendix A - WagesUnified Government of WYCO/KCKAFSCME Paygrade1/1/13 thru 12/31/13Data Entry & Control Clerk III (1213)/Fiscal Assistant I (0207)Fiscal Support Assistant (0203)/Facilities Maint. Technician (4123)28A 28B 28C 28D 28E31,075.20 31,824.00 33,425.60 35,089.60 36,670.402,589.60 2,652.00 2,785.47 2,924.13 3,055.871,195.20 1,224.00 1,285.60 1,349.60 1,410.4014.94 15.30 16.07 16.87 17.63Court Clerk II (0141)30A 30B 30C 30D 30E31,928.00 32,760.00 34,361.60 36,088.00 37,731.202,660.67 2,730.00 2,863.47 3,007.33 3,144.271,228.00 1,260.00 1,321.60 1,388.00 1,451.2015.35 15.75 16.52 17.35 18.14Inspector I (6101)31A 31B 31C 31D 31E33,446.40 34,278.40 35,984.00 37,793.60 39,499.202,787.20 2,856.53 2,998.67 3,149.47 3,291.601,286.40 1,318.40 1,384.00 1,453.60 1,519.2016.08 16.48 17.30 18.17 18.99Construction Inspector I (1130)32A 32B 32C 32D 32E34,320.00 35,172.80 36,940.80 38,792.00 40,560.002,860.00 2,931.07 3,078.40 3,232.67 3,380.001,320.00 1,352.80 1,420.80 1,492.00 1,560.0016.50 16.91 17.76 18.65 19.50P. 3 of 6

Admin. Support Specialist (0099)/Computer Specialist I (1235)Dispute Resolutions Counselor (1620)/Probation Officer (1615)Planning Technician (1301)/Fiscal Support Specialist (0204)Program Technician I (1405)/Animal Control Officer (6180)Inspector I Certified (6102)Appendix A - WagesUnified Government of WYCO/KCKAFSCME Paygrade1/1/13 thru 12/31/1333A 33B 33C 33D 33E35,131.20 36,004.80 37,793.60 39,707.20 41,516.802,927.60 3,000.40 3,149.47 3,308.93 3,459.731,351.20 1,384.80 1,453.60 1,527.20 1,596.8016.89 17.31 18.17 19.09 19.96Engineering Technician II (1105)34A 34B 34C 34D 34E36,025.60 36,940.80 38,792.00 40,726.40 42,598.403,002.13 3,078.40 3,232.67 3,393.87 3,549.871,385.60 1,420.80 1,492.00 1,566.40 1,638.4017.32 17.76 18.65 19.58 20.48Court Liaison Officer (5125)35A 35B 35C 35D 35E36,961.60 37,876.80 39,790.40 41,745.60 43,638.403,080.13 3,156.40 3,315.87 3,478.80 3,636.531,421.60 1,456.80 1,530.40 1,605.60 1,678.4017.77 18.21 19.13 20.07 20.98Computer Specialist II (1236)/Program Tech II (1403)37A 37B 37C 37D 37E38,792.00 39,769.60 41,745.60 43,846.40 45,822.403,232.67 3,314.13 3,478.80 3,653.87 3,818.531,492.00 1,529.60 1,605.60 1,686.40 1,762.4018.65 19.12 20.07 21.08 22.03Parking Control Officer II (2211)38A 38B 38C 38D 38E39,748.80 40,726.40 42,785.60 44,928.00 46,966.403,312.40 3,393.87 3,565.47 3,744.00 3,913.871,528.80 1,566.40 1,645.60 1,728.00 1,806.4019.11 19.58 20.57 21.60 22.58P. 4 of 6

Appendix A - WagesUnified Government of WYCO/KCKAFSCME Paygrade1/1/13 thru 12/31/13License Inspector I (6123)/Building Inspector I (6110)41A 41B 41C 41D 41E42,848.00 43,929.60 46,134.40 48,422.40 50,606.403,570.67 3,660.80 3,844.53 4,035.20 4,217.201,648.00 1,689.60 1,774.40 1,862.40 1,946.4020.60 21.12 22.18 23.28 24.33Building Inspector I Certified (6112)/Construction Inspector II (1131)43A 43B 43C 43D 43E45,032.00 46,155.20 48,464.00 50,856.00 53,164.803,752.67 3,846.27 4,038.67 4,238.00 4,430.401,732.00 1,775.20 1,864.00 1,956.00 2,044.8021.65 22.19 23.30 24.45 25.56Compliance Officer I (6150)44A 44B 44C 44D 44E46,134.40 47,278.40 49,649.60 52,124.80 54,496.003,844.53 3,939.87 4,137.47 4,343.73 4,541.331,774.40 1,818.40 1,909.60 2,004.80 2,096.0022.18 22.73 23.87 25.06 26.20Skilled Tradesperson (4120)/Building Inspector II (6111)45A 45B 45C 45D 45E47,320.00 48,505.60 50,897.60 53,456.00 55,868.803,943.33 4,042.13 4,241.47 4,454.67 4,655.731,820.00 1,865.60 1,957.60 2,056.00 2,148.8022.75 23.32 24.47 25.70 26.86Building Inspector II Certified (6113)47A 47B 47C 47D 47E48,526.40 49,732.80 52,228.80 54,828.80 57,324.804,043.87 4,144.40 4,352.40 4,569.07 4,777.071,866.40 1,912.80 2,008.80 2,108.80 2,204.8023.33 23.91 25.11 26.36 27.56P. 5 of 6

Appendix A - WagesUnified Government of WYCO/KCKAFSCME Paygrade1/1/13 thru 12/31/13Compliance Officer II (6151)49A 49B 49C 49D 49E52,228.80 53,518.40 56,222.40 59,030.40 61,713.604,352.40 4,459.87 4,685.20 4,919.20 5,142.802,008.80 2,058.40 2,162.40 2,270.40 2,373.6025.11 25.73 27.03 28.38 29.67P. 6 of 6

Staff Request forCommission ActionTracking No. 120318 Revised On GoingType: StandardCommittee: Neighborhood and Community Development CommitteeDate of Standing Committee Action: 12/3/2012(If none, pleaseexplain):Proposed for the following Full Commission Meeting Date:Confirmed Date: 12/20/201212/20/2012 Changes Recommended By Standing Committee (New Action Form required with signatures)Date: Contact Name: Contact Phone: Contact Email: Ref: Department / Division:11/28/2012 Chris Slaughter573-8977 cslaughter@wycokck.org Administration/Land BankItem Description:The Land Bank Manager respectfully requests that the Neighborhood & Community Development Committee reviewthe proposed packets and forward them to the Land Bank Board of Trustees for final consideration.Item (1) - Side-Lot Applications (7)Item (2) - Land Bank Applications (14)Item (3) - Donations To Land Bank (2)Action Requested:The Land Bank Manager respectfully requests that the Neighborhood & Community Development Committee approvethe above requests and forward them to the Land Bank Board of Trustees for final approval.Publication RequiredBudget Impact: (if applicable)Amount: $Source: Included In Budget Other (explain)Land bank revenues are projected in budget.File Attachment

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WYANDOTTE COUNTY LAND BANK - SIDE-LOT APPLICATIONSAPPLICANTAPPLICANTADDRESSLAND BANK ADDRESSLOT SIZEStanding CommitteeRecommendationWilliam McNair 1025 Splitlog Ave 1029 Splitlog Ave 38 X 115 APPROVEDDiana Reyes 7 S Mill St 816 Central Ave 34 X 100 APPROVEDMerion Smith 1354 Kimball Ave 1352 Kimball Ave 50 X 115 APPROVEDAlicia Alfaro 2029 N 7th St 2027 N 7th St 25 X 120 APPROVEDJose Arambula Ayala 635 Simpson Ave 633 Simpson Ave 46 X 145 APPROVEDDiana Davila 212 N 12th St 216 N 12th St 50 X 128 APPROVEDDiana Davila 1520 S 8th St 1518 S 8th St 38 X 125 APPROVED

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WYANDOTTE COUNTY LAND BANK - APPLICATIONSAPPLICANTAPPLICANTADDRESSLAND BANKADDRESSPROPOSEDUSELOT SIZEStanding CommitteeRecommendationBeverly PenderLydia MejiaSt John Missionary BaptistChurchSt John Missionary BaptistChurchSt John Missionary BaptistChurchHeartland Habitat forHumanityHeartland Habitat forHumanityHeartland Habitat forHumanityHeartland Habitat forHumanityHeartland Habitat forHumanityHeartland Habitat forHumanityHeartland Habitat forHumanityHeartland Habitat forHumanityHeartland Habitat forHumanity3337 Webster Ave 3048 N 27th St Garden 60 X 371 APPROVED844 Cleveland Ave 3737 Lakeview Rd Garden 165 X 160 APPROVED2620 N 5th St 2604 N 5th St Parking 37 X 129 APPROVED2620 N 5th St 2610 N 5th St Parking 45 X 127 APPROVED2620 N 5th St 2624 N 5th St Parking 35 X 127 APPROVED1401 Fairfax Tfwy,D323 1259 Osage Ave1401 Fairfax Tfwy,D323 1261 Osage Ave1401 Fairfax Tfwy,D323 823 Miami Ave1401 Fairfax Tfwy,D323 821 Miami Ave1401 Fairfax Tfwy,D323 817 Miami Ave1401 Fairfax Tfwy,D323 2913 N 13th St1401 Fairfax Tfwy,D323 1535 Haskell Ave1401 Fairfax Tfwy,D323 1539 Haskell Ave1401 Fairfax Tfwy,D323 1547 Haskell AveSingle FamilyHousingSingle FamilyHousingSingle FamilyHousingSingle FamilyHousingSingle FamilyHousingSingle FamilyHousingSingle FamilyHousingSingle FamilyHousingSingle FamilyHousing90 X 115 APPROVED50 X 115 APPROVED25 X 115 APPROVED50 X 116 APPROVED25 X 115 APPROVED33 X 128 APPROVED50 X 120 APPROVED50 X 120 APPROVED50 X 120 APPROVED

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DONATIONSTOLANDBANKDonor Parcel # Requested Donation AddressStandingCommitteeRecommendationMary Thierry 158288 2530 Hiawatha St APPROVEDMary Thierry 168332 1931 S 41st St APPROVED