100 N. 5th Street
Leavenworth, Kansas 66048 / City Commission Special Meeting
Commission Chambers
Tuesday, December 18, 2007, 6:30 p.m.
SPECIAL MEETING:
The following commission members were present: Mayor Larry Dedeke; Commissioners Laura Janas Gasbarre, Lisa A. Weakley, Shay Baker and Ken Bower. The Governing Body all signed the consent for the special meeting written waiver notice.
Commissioner Bower moved to open special meeting. Commissioner Gasbarre seconded the motion and was unanimously approved.
Executive Session - Commissioner Gasbarre moved to recess into executive session until 7:00 p.m. for consultation with attorney. The motion was seconded by Commissioner Weakley and unanimously approved.
Commissioner Gasbarre moved to re-open the meeting. The motion was seconded by Commissioner Weakley and unanimously approved.
Mayor Dedeke recognized a local business, Gronis Hardware, the manager/owner J.W. Rutledge, and their employees for being open during the ice storm on December 11th. He commended them for working with no electricity and appreciated the service.
Contract No. 2007-50 Garland and Marion Drainage Improvements – Public Works Director McDonald reviewed the Garland and Marion Drainage improvements. He recommended accepting the low bid from Miles Excavating in an amount of $135,397.
Commissioner Bower moved to award a contract with Miles Excavating for the Garland and Marion Drainage Improvements Project in an amount of $135,397. Commissioner Gasbarre seconded the motion. The motion was unanimously approved.
Second Consideration Ordinance No. 7756 Rescind Inactive Special Uses – The ordinance was unanimously approved.
ORDINANCES (First consideration) Ordinance for Rezoning 312 and 316 South 5th Street from I-1 to CBD. City Planner Denton reviewed and discussed the following: uses conform to CBD zoning, no one opposed the zoning change and the Planning Commission approved unanimously. Consensus to place on first consideration.
Ordinance for Rezoning Lots 12 and 13 Block 22 Fackler’s Addition from R1-6 to GBD. Mayor Dedeke abstained from this discussion. City Planner Denton reviewed and discussed the following:
· Luxury Imports requested rezone for expansion of business
· Planning Commission held public hearing
o Two individuals opposed rezoning
§ Planning Commission’s motion to recommend approval to the City Commission failed which is considered a recommendation against the action
Mr. Troy A. Rea, owner of Luxury Imports discussed:
· Contacted the owner of the home on 5th Street that connects to his property
· Deed restrictions to maintain shielding between the two properties
o In agreement with home owner on 5th Street; survey completed
o Mayor Pro-Tem Weakley discussed the evergreen trees
Jamie Doyle, home owner on 5th Street discussed:
· Based on the plans she is not opposed to rezoning
· Mayor Pro-Tem Weakley asked about the deed restrictions
o Filed with the property - City Attorney Beall stated that the property owner can lift the restrictions
Mayor Pro-Tem Weakley and Commissioners discussed:
· Property currently not developable
· Accommodating the applicant and connecting property owner; satisfying all involved with the process
· Drainage issues – not backing up water and let flow freely
· Trees remain and expansion of business
Consensus to place on first consideration.
Commissioner Gasbarre moved to adjourn the meeting. Commissioner Bower seconded the motion and was unanimously approved.
Meeting adjourned at 7:24 p.m. Minutes taken by: Karen J. Logan, CMC, City Clerk