100 N. 5th Street
Leavenworth, Kansas 66048 / City Commission Regular Meeting
Commission Chambers
Tuesday, January 08, 2013, 7:00 p.m.
CALL TO ORDER - The Governing Body met in regular session and the following commission members were present: Mayor Larry Dedeke and Mayor Pro-Tem Laura Janas Gasbarre; Commissioners Mark Preisinger and Phil Urban. Absent: Davis T. Moulden
Others present: City Manager J. Scott Miller, Public Works Director Mike McDonald, Deputy Public Works Director Bob Patzwald, City Planner Berrin Nejad, Assistant City Manager Paul Kramer, Fire Chief Mark Nietzke, WPC Superintendent Charlie Klingler, Police Chief Pat Kitchens, Chief Inspector Hal Burdette, City Attorney Tom Dawson and City Clerk Karen J. Logan.
Mayor Dedeke opened the meeting with the pledge of allegiance followed by silent meditation.
Consideration of Minutes - Commissioner Preisinger moved to approve the December 11, 2012 regular meeting minutes and the December 18, 2012 special meeting minutes. Commissioner Urban seconded the motion and was unanimously approved.
Ordinance No. 7914 Rezone 501 Olive Street to General Business District – City Planner Nejad stated that there was no additional information and recommended approval of the rezoning to General Business District.
Mayor Dedeke called for the roll call vote and unanimously approved.
NEW BUSINESS:
Citizens Participation – No response.
General Items:
Appeal Decision by Leavenworth Preservation Commission 503 South 3rd Street – City Planner Nejad reviewed the request to appeal the decision of the Leavenworth Preservation Commission (LPC):
· Environs Map – Leavenworth Historical District and Leavenworth County Courthouse
· LPC view of the building and location at 503 South 3rd Street
· November 5, 2012 County filed request to demolish building
· December 5, 2012 LPC denied based on the guidance of State Historic Preservation Office (SHPO)
o LPC found it would encroach upon, damage or destroy the environs of the Courthouse and Presbyterian Church
· Applicant has provided interior pictures of the facility showing the deterioration of the building
Leavenworth County Counselor David Van Parys stated that to renovate the building it would cost from $1.8 to $2.2 million dollars. The building was built has a WPI project and was used to house inmates. There is one architectural feature that they plan to save and use for future construction. The building is a hazard and the most cost effective method would be to demolish the building and turn into a parking lot. The County needs the parking space to accommodate the citizens and staff. Mr. Van Parys asked the Commissioners to do what was best for the taxpayers of this community.
Mayor Dedeke and Commissioners discussed the building, the hazards, the land use, the LPC guidelines, SHPO, the environs and historical structures.
Commissioner Preisinger moved to reverse the LPC decision and find the no feasible and prudent alternatives exist. Commissioner Urban seconded the motion and was unanimously approved.
Release of Easement for First City Hotel Development – City Clerk Logan recommended affirming the action of the Mayor to release easements reflected on Ordinance No. 7893 pertaining to the First City Hotel Development Project. The title company for John Ferguson requested that the Mayor sign the Release of Easement document to release the property from any existing easements.
Commissioner Urban moved to approve the release of easement for First City Hotel Development, as presented. Commissioner Gasbarre seconded the motion and was unanimously approved.
Resolutions:
Resolution B-2046 Planters II Uncollectible Tenant Accounts – Executive Director of Leavenworth Public Housing Authority Kramer requested to write the following accounts for Planters II:
Ronald Davidson (#411, deceased) $1,118.00
Sabrina Edminster (#810) $659.44
Harold Enyard (#802, deceased) $1,095.65
Joseph Gaff (#701) $347.50
George Grannell (#907) $1,048.86
Thomas Heather (#811) $630.58
Judy Hemmert (#312) $3,719.90
Orthella Rowland (#807) $485.00
Richard Sharp (#211, deceased) $1,124.58
Richard Vertz (#1006) $788.49
Bonnie Voss (#405) $100.00
Commissioner Preisinger moved to approve Resolution No. B-2047, as presented. Commissioner Gasbarre seconded the motion and was unanimously approved.
Resolution No. B-2047 for 2013 General Improvement Projects – City Clerk Logan reviewed the 2013 General Improvement Projects in the amount of $1,779,149.00:
2013 General Improvement Projects:Asphalt Overlay / 732,000.00
Riverfront Pool Pak Replacement / 394,850.00
Municipal Court Software / 160,000.00
David Brewer Park Restrooms / 145,000.00
Bridge, Cherokee over 3 Mile Creek / 81,650.00
Eagles Ball Fields / 70,000.00
Police Mobile Video Recorders / 62,760.00
North Esplanade Light Poles / 26,910.00
Total 2013 General Improvements / 1,673,170.00
Administration Contingency 5% / 83,658.00
Temporary Financing / 22,321.00
Total / 1,779,149.00
Ms. Logan recommended approval of Resolution B-2047 authorizing the general improvement projects.
Commissioner Urban moved to approve Resolution No. B-2047 pertaining to the 2013 General Improvement Projects, as presented. Commissioner Gasbarre seconded the motion and was approved 3-1 No: Preisinger.
Bids, Contracts and Agreements:
Proposal for 2013 Commercial Insurance Package – City Clerk Logan stated the current commercial insurance carrier Travelers Insurance has quoted a premium increase of 8.873% resulting in the total premium of $411,690.00 which is an increase of $33,351.00 compared to 2012. An alternative insurance carrier One Beacon has quoted a premium of $361,457.00 resulting in a premium decrease of 4.412% or a cost savings of $16,682.00 compared to 2012. Staff consulted with our Insurance Broker Mike Reilly and he is advising to change insurance carriers to One Beacon. The City of Lansing and Leavenworth County has also changed their carrier to One Beacon.
Commissioner Gasbarre moved to approve the 2013 Commercial Insurance Package with One Beacon, as presented. Commissioner Urban seconded the motion and was unanimously approved.
Contract No. 2013-01 Memorandum of Understanding with State Fire Marshal – Fire Chief Nietzke
· Updated MOU with State Fire Marshal
· Last agreement signed in July 2010
· Only change has added the inspection of the hotel and motels
· Discussed inspections of buildings within the community
Commissioner Gasbarre moved to approve the Memorandum of Understanding with State Fire Marshal, as presented. Commissioner Preisinger seconded the motion and was unanimously approved.
Contract No. 2012-02 Demolition Project – Assistant City Manager Kramer reviewed the bid for demolition of properties in an amount of $33,450.00 submitted by Diversified Builders and Developers, Inc. The bid includes demolition of the following buildings:
· 2534 2nd Avenue – one story wood frame house and garage
· 1009 Kenton Street - one story wood frame house
· 814 Lawrence Avenue – Two - one story wood frame houses and garages
· 1909 Montezuma - wood frame garage
· 1913 Montezuma - one story wood frame house and garage
· 1820 Rose Street - two story wood frame house and garage
Commissioner Preisinger moved to approve the contract with Diversified Builders and Developers, Inc. in an amount not to exceed $33,450.00, as presented. Commissioner Gasbarre seconded the motion and was unanimously approved.
Landfill Services for Water Pollution Control – Public Works Director McDonald reviewed the landfill services for dewatered sludge and highlighted:
· Hamm Landfill bid of $18.00 per ton (Haul an average of 3,500 tons per year)
Meets the requirements of the Kansas Department of Health and Environment and the budget for landfill services is $75,000 for 2013.
Commissioner Gasbarre moved to approve the landfill services for dewatered sludge with Hamm Landfill at $18.00 per ton, as presented. Commissioner Urban seconded the motion and was unanimously approved.
Bid for Chemicals Water Pollution Control – Public Works Director McDonald asked for approval for the chemicals and highlighted the following bids:
Chemical Cost for 2013 Vendor
Ferrous Chloride $ 0.94 /lb. PVS Chemical Solutions, Inc. (staff recommended not to approve bid)
Hydrogen Peroxide $ 0.415 /lb Brenntag Mid-South
Sodium Hypochlorite$ 1.20 /gal Edwards Chemical
Sodium Hydroxide $ .18/lb Edwards Chemical
Pebble Lime $ 265/ton U.S. Lime Co.
Polymer $ 1.62 Atlantic Coast Polymers
Budget of $60,000 for the chemicals and staff recommends approval of the bids presented with the exception of Ferrous Chloride which will be re-bid.
Commissioner Urban moved to approve the low bids for the chemicals used for operation of the Wastewater Treatment Plant with the exception of Ferrous Chloride, as presented. Commissioner Preisinger seconded the motion and was unanimously approved.
Bid for Pick-up Truck for Inspections Division – Public Works Director McDonald asked for approval of the 2013 Chevrolet Silverado, two wheel drive pickup truck from Roberts Chevrolet Buick at a price of $16,668.00. The bids received were:
Roberts Chevrolet, Platte City, MO $16,668
Shawnee Mission Ford, Shawnee, KS $18,920
Zeck Ford, Leavenworth, KS $17,052
Commissioner Preisinger moved to approve the Roberts Chevrolet bid of $16,668.00 as presented. Commissioner Urban seconded the motion and was unanimously approved.
Neighborhood Stabilization Program Offer to Purchase Home at 621 Kickapoo – City Clerk Logan stated staff has received an offer of $80,000.00 to purchase the home at 621 Kickapoo. The stipulations include providing the NSP down payment of $12,000.00 which is required by the NSP Grant and will be attached as a lien on the property for five years. After five years, the lien is removed. In addition the buyer would like the pool removed from the deck and replaced with a wood surface. This house was sold by city staff so there will be no realtor fees associated with the transaction; a savings of $4,800.00.
Commissioner Preisinger moved to approve the offer of $80,000.00 for 621 Kickapoo, as presented. Commissioner Gasbarre seconded the motion and was unanimously approved.
Other Items
Legislative Trip to Washington, D.C. - City Manager Miller discussed the travel to Washington, D.C. and asked the Commissioners for preferred dates. He highlighted issues that need to be addressed with our Federal Legislators: proposed new federal prison facility; federal programs to include COPS, CDBG, and Centennial Bridge. The potential dates he proposed the weeks of March 4-7, 2013 or February 25-28, 2013; discussed various dates for the trip. Mayor Dedeke, Commissioners Urban, Gasbarre and Preisinger stated they would be attending Washington, D.C. Mayor Dedeke and Commissioners preferred March 4-7, 2013 and there was a consensus to proceed. Commissioner Urban asked that the City discuss with our legislators the spur from I-29 to Centennial Bridge for economic security and Fort Leavenworth travel.
State Legislative Issue City Elections – City Manager Miller discussed the alert from the Kansas League of Municipalities concerning a bill that could move the city elections to the fall from the spring. The League is opposing this issue and recommending the City representatives contact our legislators. The city elections are non-partisan and they discussed the issues. There was a consensus to support leaving the city elections separate in the spring.
Consent Agenda:
Claims for December 8, 2012 through January 4, 2013 in the amount of $1,793,718.43; Net payroll #25 dated December 14, 2012 in the amount of $308,061.10, Net payroll #26 dated December 28, 2012 in the amount of $322,455.12 (Net Police and Fire pension payroll $13,294.62). Commissioner Urban moved to approve the consent agenda, as presented. Commissioner Preisinger seconded the motion and was unanimously approved.
Executive Session for Land Acquisition and Confidential Data Related to Second Party Financial Affairs - Commissioner Preisinger moved to go into executive session for land acquisition at 8:02 p.m. for 15 minutes and return to open session at 8:17 p.m. Commissioner Gasbarre seconded the motion and was unanimously approved. The Commission returned to open session at 8:17 p.m.
Adjourn - Commissioner Preisinger moved to adjourn. Commissioner Urban seconded the motion and was unanimously approved.
Time Meeting Adjourned: 8:19 p.m.
Minutes taken by: City Clerk Karen J. Logan, MMC
Leavenworth City Commission Meeting - 4 - January 8, 2013