100 N. 5th Street
Leavenworth, Kansas 66048 / City Commission Regular Meeting
Commission Chambers
Tuesday, December 8, 2015, 7:00 p.m.
CALL TO ORDER - The Governing Body met in regular session and the following commission members were present: Mayor Lisa Weakley, Mayor Pro-Tem Larry Dedeke, Commissioners Nancy Bauder and Charles Raney Telephone Call: Commissioner Mark Preisinger
Others present: City Manager J. Scott Miller, Assistant City Manager Paul Kramer, Police Chief Pat Kitchens, Fire Chief Gary Birch, Deputy Public Works Director Mike Hooper, City Attorney Tom Dawson, Public Information Officer Melissa Bower, Deputy City Clerk Carla Williamson and City Clerk Karen J. Logan.
Mayor Weakley opened the meeting with the pledge of allegiance followed by silent meditation. Nathan Toy with Boy Scout Troup #366 led the pledge of allegiance.
Consideration of Minutes: Commissioner Bauder moved to approve the November 24, 2015 regular meeting minutes, as presented. Commissioner Dedeke seconded the motion and was unanimously approved.
Second Consideration Ordinances:
Ordinance 7986 to Amend Code of Ordinances & Appendix F Fee Schedule – City Manager Miller stated there were no changes to the ordinance and was now presented for the roll call vote. Mayor Weakley called for the roll call vote and the ordinance was unanimously approved.
Ordinance 7987 Amend Article II, Governing Body – City Manager Miller stated there were no changes to the ordinance and was now presented for the roll call vote. Mayor Weakley called for the roll call vote and the ordinance was unanimously approved.
Ordinance 7988 Condemnation, 4th & Poplar Geometric Improvements Project - City Manager Miller stated there were no changes to the ordinance and was now presented for the roll call vote. Mayor Weakley called for the roll call vote and the ordinance was unanimously approved.
Citizens Participation:
Mayor Weakley recognized Deputy City Clerk Carla Williamson for her accomplishment in receiving the designation of Certified Municipal Clerk from the International Institute of Municipal Clerks. This is a great achievement for Carla and everyone congratulated her on attaining this certification.
Public Hearing:
Public Hearing Amending the 2015 Library, Library Employee Benefits, Recreation, Bond & Interest, Special Fuels, Sewer, Refuse Restricted, and Convention & Visitors Bureau Funds Budget – Commissioner Dedeke moved to open the public hearing amending the 2015 Budget; seconded by Commissioner Bauder and was unanimously approved.
Mr. Dan Williamson, former Finance Director, reviewed the proposed 2015 Budget Amendment for the following funds: 2015 Recreation, Library, Library Employee Benefits, Bond & Interest, CIP Sales Tax, Tax Increment - Zeck, & Refuse Restricted Fund expenditure budgets. Expenditures will exceed their original published budget authority. Sufficient additional revenue is available in each Fund to support the additional expenditure authority required in 2015. The proposed amendments would increase 2015 expenditure authority:
· Library Fund - increase by $12,500 to accommodate a higher than anticipated fund transfer to the Library due to the receipt of tax revenues in excess of budget.
· Library Employee Benefits Fund - increase by $5,400 to accommodate a higher than anticipated fund transfer to the Library due to the receipt of tax revenues in excess of budget.
· Recreation – increase by $77,900 to accommodate a higher than anticipated costs of personnel related to employee turnover; the expenditure is supported by an increase subsidy from the subsidy transfer from the CIP Sales Tax Fund.
· Bond & Interest – proposed amendment would increase 2015 expenditure authority by $107,835 to accommodate the debt issued for the Animal Control facility and for the financial software. The financial software debt was issued in late 2014 and was not included in the 2015 budget. The $54,845 of 2015 principal and interest for this debt will be accommodated by a transfer from the General Fund in that amount. Further, $39,945 in additional interest must be accommodated for the Animal Control facility debt; a transfer in that amount will be made from the Capitalized Interest project in the Capital Projects Fund. Finally, $13,045 of additional bond issuance costs will be accommodated with additional miscellaneous revenue.
· CIP Sales Tax Fund - This fund was newly created in 2015 to account for the receipt and distribution of proceeds from the one -half cent sales tax dedicated to capital projects. These funds were previously accounted for in the General Fund. This republication provides 2015 expenditure authority of $2,075,000 which is equal to the amount of sales tax proceeds expected in 2015.
· Tax Increment - Zeck Fund - This fund was newly created 2015 to account for the receipt and distribution of proceeds from various tax incentive programs related to the Zeck redevelopment district created in 2015. This republication provides 2015 expenditure authority of $235,000 which is equal to the amount of tax proceeds expected in 2015.
· Refuse Restricted – increase 2015 expenditure authority by $4,250 to accommodate additional costs for spending for an engineering design contract related to erosion control at the landfill. The expenditure will be supported by an increase in the transfer from the Refuse Fund in that amount.
· Commission and Public Comments:
o No additional comments
Commissioner Dedeke moved to close the public hearing; seconded by Commissioner Raney and was unanimously approved.
Commissioner Bauder moved to approve the amendment to the 2015 Budget, as presented. Commissioner Dedeke seconded the motion and was unanimously approved.
General Items:
Capital Improvement Program (CIP) 2016-2020 – City Manager Miller stated the Capital Improvements Program (CIP) is a comprehensive plan outlining all capital improvements /infrastructure (streets, bridges, sidewalks, drainage, economic development, equipment, parks, buildings, debt service, etc.) proposed to be pursued by the City of Leavenworth for the next five (5) fiscal years, as constrained, of course, by limited financial resources. The proposed CIP for fiscal years 2016 to 2020 was presented by Paul Kramer, Assistant City Manager, and reviewed and discussed among City Staff and the City Commission at the study session of December 1, 2015. It was the consensus of the Commission to move the program forward for consideration for formal adoption at the next regular business meeting. There were no changes made to the CIP by the Commission at the study session.
Mr. Cameron representing the Kessler’s, thanked the City Commission for the drainage project at 16th and Holman.
Mayor Weakley and Commissioners discussed items such as improvements to Fire Station No. 3; the funding of some of the drainage projects; industrial park; roads and infrastructure; and the significant stormwater projects.
Commissioner Dedeke moved to approve the Capital Improvement Program (CIP) 2016-2020. Commissioner Bauder seconded the motion and was unanimously approved.
Cancellation of Outstanding Checks Prior to 2014 – Assistant City Manager Kramer stated according to KSA 10-816a, checks that remain outstanding after a period of two years of issuance may be canceled by the City Commission. The City has a total of 33 checks in the amount of $2,271.99 that remain outstanding after two years of issuance. It is recommended that the City Commission cancel checks that remain outstanding after two years of issuance and that these balances — in accordance with KSA 10-816c revert back to the City Fund upon which such checks were drawn.
Commissioner Bauder moved to cancel the 33 checks in the amount of $2,271.99 that remain outstanding after two years of issuance. Commissioner Raney seconded the motion and was unanimously approved.
Mayor’s Appointments to the Convention & Tourism Committee – Mayor Weakley moved to appoint the following:
Convention and Tourism Committee
Appoint Edna Wagener to a term ending 01-31-2018
Appoint Stacy McCowen to a term ending 01-31-2018
Re-appoint Adrian Cruz to a term ending 01-31-2019
Re-appoint Anna Johnson to a term ending 01-31-2019
Re-appoint Dick Wright to a term ending 01-31-2019
Appoint Carlisa Cashman to an unexpired term ending 01-31-2019
Commissioner Raney seconded the motion and was unanimously approved.
Cereal Malt Beverage Licenses for 2016 – City Clerk Logan recommended approval of the following licenses:
Establishment/Name Address Consumption
Abe’s Place / 5101 10th Ave / ONAZNZ Enterprises dba Woody’s Food Mart / 700 Eisenhower Rd / OFF
AZAD Inc dba 7-Eleven Store / 701 Metropolitan Ave / OFF
Casey’s Retail Store #1261 / 2004 Spruce St / OFF
Casey’s Retail Store #2609 / 950 Eisenhower Rd / OFF
Casey’s Retail Store #2826 / 2100 S 4th St / OFF
Country Mart / 1920 Spruce St / OFF
Dillon’s #40 / 720 Eisenhower Rd / OFF
Eddie’s Grocery / 1101 Spruce St / ON
Fast Stop / 1031 Metropolitan Ave / OFF
Four B dba Price Chopper / 2107 S 4th St / OFF
GOJRA LLC dba K7 Stop / 300 N 4th St / OFF
Great Life Fitness/The Oaks / 3210 Shrine Park Rd / ON
Hometown Store / 111 N Broadway St / OFF
Little Bar / 1431 10th Ave / ON
Murphy’s USA #7486 / 1050 Eisenhower Rd / OFF
TA Operating LLC dba Minit Mart / 3122 S 4th St / OFF
The Town Pub Restaurant / 1001 Ottawa St / ON
Walgreens #12923 / 2900 S 4th St / OFF
Walmart Store #326 / 5000 10th Ave / OFF
Commissioner Bauder moved to approve the 2016 Cereal Malt Beverage Licenses, as presented; seconded by Commissioner Raney and was unanimously approved.
Massage and Tattoo Establishment Business Licenses for 2016 – City Clerk Logan recommended approval of the following massage and tattoo licenses:
Massage or Tattoo Establishments Address Owner
Bella Vita Salon & Day Spa / 4516 S 4th St / Lyndsay HubbardElemental Wellness Spa / 425 Shawnee St / Roxanne Joslin
Gail Reardon Therapeutic Massage / 2300 S 4th St / Gail Reardon
Healing Touch / 530 W 7th St / Deborah Leavitt
House of Hair / 620 Cherokee St / Lisa Alexander
Leavenworth Yoga Co-op / 521 Delaware St / Joyce Chalmers
Serenity Hair Design & Spa / 630 Cherokee St / Veronica Carroll
Teri’s Hair Loft / 221 Delaware St / Teri Pizarro
Testament Tattoo / 404 S 5th St / Clinton Burk
Vision’s Salon & Spa / 423 Shawnee St / Jessica Johnson
Commissioner Dedeke moved to approve the 2016 Massage and Tattoo Licenses, as presented; seconded by Commissioner Raney and was unanimously approved.
Resolutions:
Resolution B-2124 Planters II Uncollectible Tenant Accounts – Assistant City Manager Kramer (Director of Leavenworth Housing) presented a resolution removing eleven (11) tenant accounts from the rent register at Planters II.
· Past due rent or damages assessments are determined to be uncollectible for various reasons
· Tenants deceased; moved to nursing homes with no ability to pay, or others have moved with no forwarding address and attempts to recover money has been unsuccessful
· This is a housekeeping function performed about twice a year
· Questions concerning one of the tenant write-off accounts in the amount of $5,164.85
Commissioner Dedeke moved to adopt Resolution B-2124 to delete eleven (11) tenant accounts, as presented. Seconded by Commissioner Raney and was unanimously approved.
Resolution B-2125 Planters II Disposed Assets for 2015 – Assistant City Manager Kramer (Director of Leavenworth Housing) presented a resolution removing property from the assets inventory at the Leavenworth Housing Authority (Planters II). Inventory was performed in all closets, shop area, mechanical rooms and other areas at Planters II. Many non - usable and broken items were disposed. Several of the items were from the original rehab project in the early 1990's. The office area was remodeled and disposed of the old furniture. The resolution deletes the property from the asset inventory in accordance with the procedures established by the U.S. Department of Housing and Urban Development (HUD) to keep the inventory log current. The process is required by the U.S. Department of Housing and Urban Development (HUD).
Commissioner Dedeke moved to approve Resolution B-2125, as presented. Commissioner Bauder seconded the motion and was unanimously approved.
Resolution B-2126 Reject the Quit Claim Deeds from Redie Lewis – City Clerk Logan reviewed the resolution to reject and refuse to accept the Quit Claim Deed filed by Ms. Redie Lewis. On August 25, 2015 Ms. Lewis filed with the Leavenworth County Register of Deeds Office a Kansas Quit Claim Deed, Document No. 2015R06812 conveying two properties to the City of Leavenworth, Kansas, Leavenworth City Commissioners, J. Scott Miller, Willie Dove, Julie Williams-Hurley, and Kathy L Rodgers. Those two properties are as follows:
· Lot 6, Block 55, Leavenworth City Proper, City of Leavenworth, Leavenworth County, Kansas; commonly known as 410 Ottawa Street
· Lot 11, Block 37, Leavenworth City Proper, City of Leavenworth, Leavenworth County, Kansas; commonly known as 320 Kickapoo
Ms. Lewis was mailed notice of the consideration of the resolution along with the 2015 Real Estate Tax Statements that were mailed to the City of Leavenworth, Kansas.
Commissioner Bauder moved to approve Resolution B-2126 to reject and refuse to accept the Quit Claim Deed filed by Ms. Redie Lewis, as presented. Commissioner Raney seconded the motion and was unanimously approved.
Bids, Contracts or Agreements:
2015 ETAC/COPLINK Reconnection Cooperative Agreement – Police Chief Kitchens requested authorization of an allocation of $37,650.00 to reconnect our database with COPLINK. He highlighted:
· In 2006, fourteen (14) Kansas City Metropolitan Police Department's (including the Leavenworth Police Department) created the Emerging Threat Analysis Center (ETAC) which allows each of those agencies to share data on criminals and criminal cases.
· November 28, 2006 former Chief of Police Lee Doehring received approval to participate and enter a Cooperative Agreement which has been in place ever since. The initial construction of this system, including computer hardware and software, was done using federal and state grants totaling $650,000.
· Each agency contributes funds annually to sustain the infrastructure of the program and our share is $6,500.
· ETAC system has a voting board which consists of the Chief of Police or Sheriff of any agency who participates.
· The financing agent is the Kansas City, Missouri Police Department. The ETAC board contracts with COPLINK, which built and maintains the hardware and software necessary to run this program.