100 N. 5th Street,
Leavenworth, Kansas 66048 / City Commission Regular Meeting
Commission Chambers
Tuesday, May 13, 2008, 7:00 p.m.
CALL TO ORDER - The Governing Body met in regular session on Tuesday, May 13, 2008 at 7:00 p.m. The following commission members were present: Mayor Lisa A. Weakley, Commissioners Shay Baker, Ken Bower, and Laura Janas-Gasbarre. Absent commission member: Commissioner Larry Dedeke
Others present: City Manager J. Scott Miller, Assistant City Manager Robyn Stewart, Public Works Director Mike McDonald, Deputy Public Works Director Bob Patzwald, WPC Superintendent Charles Klingler, Community Development Director Jerry Gies, Planning Director Roger Denton, Parks & Recreation Director Julie Anderson, Police Chief Pat Kitchens, Finance Director Dan Williamson, Fire Chief Steve Moody, City Attorney Bob Beall, and City Clerk Karen J. Logan.
Mayor Weakley opened the meeting with the pledge of allegiance followed by silent meditation.
Presentation to Commissioner – Mayor Weakley presented a plaque and gavel to Commissioner Dedeke and he thanked the citizens and commissioners for a successful year.
Proclamation – Mayor Weakley presented and read the following Proclamations:
· 25th Annual National Tourism Week, May 10 through May 18, 2008 was presented to John Richley a representative with the Convention and Visitors Bureau.
· Police Week, May 11-17, 2008 – Police Chief Pat Kitchens received the proclamation and mentioned that 171 police officers were killed in 2007. Mr. Kitchens stated that the proclamation reflected the courage and heroism of all police officers. He added that Officer Mark Lingenfelser was awarded Leavenworth Police Officer of the Year; and Joe Tevano was awarded Leavenworth County Officer of the Year.
· National Public Works Week, May 18-24, 2008 – Public Works Director McDonald received the proclamation supporting the operations of the public works system. He thanked the community and commission for all their support and guidance.
Consideration of Minutes – Commissioner Bower moved to approve the minutes for April 22, 2008 regular meeting, as presented. Commissioner Gasbarre seconded the motion. The motion was unanimously approved.
Wollman Park Phase III (Bathhouse) – Parks and Recreation Director Anderson reviewed the following alternatives for the renovation of the bathhouse:
· Option A: Enclosed structure with the current flat concrete roof deck repaired - $203,793
· Option B: Enclosed structure with a metal roof application - $190,659
· Option C: Open air structure with partial roof - $125,289
· Option D: Open air structure with no roof - $66,289
Ms. Anderson stated that the Parks & Recreation Advisory Board met and recommended Option C. Commissioner Bower also preferred Option C and clarified that the grading of the amphitheater was not currently part of the budget.
Mayor Weakley and Commissioners discussed:
· 10% contingency built in proposal
· Current contract and altering the scope of the work
· Public comments and community input
o Commissioner Baker received responses from 20 individuals and only four wanted to do anything with the bathhouse
· Use of funds for Wollman Park only
o Option C within the amount budgeted for the project
o Amount of funds spent to date on this modification $17,000
o Commissioner Baker felt that it was a waste of money
· Benefits to the community since shelters were used
· History of bathhouse and the expense to replace a similar structure
· Roof options and exposed beams
Commissioner Bower moved to modify the contract with Baker Construction to Option “C” open air structure with a partial roof, as presented. Commissioner Gasbarre seconded the motion. The motion was approved with Commissioner Baker voting against the motion.
Citizens Participation – Mr. Louis Klemp congratulated the new department heads. In addition, he highlighted: San Diego and the history/development; trolleys and use at the first event; top businesses; and reference to the “Last Lecture” book.
Mr. Dennis Fackler invited everyone to attend the Leavenworth Main Street Loft Tours on Saturday, May 17th.
Mr. Jerry Gerleman distributed pictures of a home that had been improved, but still needed work. He also referred to the landlords and enforcement of the laws adopted by the City. He felt that the City Commission needed to get rid of the weak link and work on a draft ordinance with a “sun-down” clause.
Mr. Terry Weakley, representing Leavenworth County Historical Society, asked everyone to attend the Carroll Mansion ribbon cutting on June 19th and requested that it be proclaimed “Leavenworth Historical Day.” He also highlighted: a membership drive; the living museum program; and the education program “Remembering Johnny Johnston.”
Subordination of Lien – Crown Lanes, 834 Spruce Street - Commissioner Baker moved to approve the lien subordination for a Community Development Block Grant project at Crown Lanes. Commissioner Bower seconded the motion. The motion was unanimously approved.
2008 General Obligation Bond & Temporary Note Issuance – City Clerk Karen Logan reviewed the issuance requirements for the $4,875,000 for Temporary Notes, Series A2008 and $5,460,000 for the General Obligation Bonds, Series 2008-A.
Mr. Dustin Avey with Piper Jaffray & Co. reviewed the bids:
· A2008 Temporary Notes –
o 2.599607% Net Interest Cost, UMB Bank, N.A.
o 3.64878% Net Interest Cost, Allison Fleitas
· 2008-A Series General Obligation Bonds
o 3.570027% Net Interest Cost, Country Club Bank
o 3.614068% Net Interest Cost, UMB Bank, N.A.
Commissioner Bower moved to accept the proposals for A2008 Temporary Notes Sale, $4,875,000. Commissioner Gasbarre seconded the motion. The motion was unanimously approved.
Commissioner Baker moved to adopt Resolution No. 1902 Issuance of A2008 Temporary Notes. Commissioner Bower seconded the motion. The motion was unanimously approved.
Commissioner Baker moved to accept the proposals for 2008-A Series General Obligation Bonds Sale, $5,460,000. Commissioner Gasbarre seconded the motion. The motion was unanimously approved.
Commissioner Bower moved to adopt Resolution No. 1903 Issuance of General Obligation Bonds, Series 2008-A. Commissioner Gasbarre seconded the motion. The motion was unanimously approved.
Second Consideration of Ordinance No. 7767 – General Obligation Bonds, Series 2008-A, Roll Call Vote – Unanimous.
Contract No. 2008-24 - Delaware Streetscape Project – Assistant City Manager Stewart reviewed the streetscape project which provides new sidewalks, street lighting, ADA ramps, landscape planters and other site amenities on Delaware from Esplanade to 6th Street. The bids were as follows: Bryant & Bryant - $2,586,938.55; MEGA Industries - $2,726,694.50; Kaaz Construction - $2,752,262.03; and Engineer's Estimate - $2,130,000.00.
The low bid was $589,165.00 higher than expected. Ms. Stewart stated that the two primary areas affecting the bids were the electrical components and concrete. She stated that there was not much competition for the subcontracting work and mentioned the additional utility work which all resulted in higher prices.
Several funding sources were identified to help close the funding gap:
· $117,646 can be reallocated from the 2007 Countywide Sales Tax allocation for stormwater projects;
· $160,000 can be reallocated from the 2008 GI Bond allocation for Haymarket Square; and
· $146,796 for the non-participating items can be accommodated by the 2008 Storm Sewer operating budget in the Sewer Fund
Even if those recommendations were accepted, a funding gap of $164,723 still remained. Ms. Stewart then reviewed options to consider for removal from the contract that would not affect the original intent of the project:
· 4" of AB3 rock under sidewalk, curbs and pavement - $92,000
· Sound System conduit and pullbox divider - $93,000
· Pedestrian shelter and clock - $46,000
· Change handrail material and finish - $10,000
· Lighted bollards at community center - $7,000
· Precast planters at community center - $6,000
· Re-use existing benches and trash receptacles (need quantity available)
· Concrete surface texture - $10,000
· Brick accents in bulbouts (on cross-street side) - $3,700
· Gazebo Park sidewalk replacement - $5,700
· Trees, tree grates, root barriers (2 in 100 block - south side) - $7,000
She stated that those items could be placed on the next study session agenda for further discussion. Once the City Commission agreed on items to be removed from the project, the items would be bundled into a change order to officially reduce the cost of the construction project. Staff would need to check with the low bidder, Bryant & Bryant to verify the cost savings along with KDOT’s approval.
Ms. Stewart then asked the City Commission to accept the low bid as presented; to discuss items for removal from the project at the next study session; and then once the items were identified for removal to help reduce costs, staff would bring back a change order modifying the contract.
Mayor Weakley and Commissioners discussed various project issues to include:
· KDOT review of the project and response time
· City Manager’s Contingency Fund
· 4” rock under sidewalks and preparation of the dirt
· Shelter and costs
· All agreed that there was a need for a study session to review the options
Ms. Sherry Stitch, Leavenworth Main Street representative stated that they were prepared to withdraw the request for the sound system conduit due to the ridiculous cost of $93,000.
Commissioner Baker moved to accept the low bid for the Delaware Streetscape Project from Bryant & Bryant in an amount not to exceed $2,586,938.55, contingent upon KDOT approval, as presented. Commissioner Gasbarre seconded the motion. The motion was unanimously approved.
Change Order No. 1 Contract 2007-03 R.A. Knapp Construction - Three Mile Creek Restoration Project – Public Works Director McDonald reviewed the change order in the amount of $48,290 related to the work of RA Knapp who was awarded the contract to construct the Scour Protection and Park Restoration for $1,455,115 on February 27,2007. He also presented a slide show highlighting the project.
Commissioner Baker moved to approve the change order for R.A. Knapp Construction in an amount not to exceed $48,290, as presented. Commissioner Gasbarre seconded the motion. The motion was unanimously approved.
Contract No. 2008-18 for Electrical Switchgear Maintenance & Testing - Wastewater Treatment Plant – Commissioner Gasbarre moved to approve a contract for the maintenance and testing of the electrical switchgear with Independent Electric in an amount not to exceed $18,280. Commissioner Bower seconded the motion. The motion was unanimously approved.
Bids for Heating & Air Conditioning System – Fire Station No. 1 (Contract Nos. 2008-19; 2008-20; & 2008-21) – Fire Chief Moody reviewed the bids for heating and air conditioning system at Fire Station 1 which was not fully functional at this time. Staff has experienced numerous problems with the existing system. The Fire Department staff sought the assistance of Henderson Engineers, Inc. to determine the problems with the system and find solutions to correct them. Based on the recommendations from Henderson Engineers, Inc. the following proposals and bids were received:
Air Conditioner Condensing Unit Replacement and Relocation:
· Besel's - no bid
· Albert's & Son - $50,691
· D'Agostino - $47,980
· J. F. Denney - $44,432
Installation of a New Control System:
· ACS $24,420
· Integrated Controls $23,500
Project Management: Henderson Engineers - $2,000
Mayor Weakley and Commissioners discussed the need for project manager and the complicated HVAC system that needs the technical expertise.
Commissioner Gasbarre moved to approve the following contracts to renovate the heating and air conditioning system at Fire Station No. 1:
· J.F. Denney (air conditioner condensing unit) $44,432 (Contract No. 2008-19)
· Integrated Controls (installation of a new control system) $23,500 (Contract No. 2008-20)
· Henderson Engineers (project management) $2,000 (Contract No. 2008-21)
Commissioner Bower seconded the motion. The motion was unanimously approved.
Contracts for Network Enhancements (Contract No. 2008-22) – Finance Director Williamson stated that in July 2007, staff had Alexander Open Systems (AOS) do a network assessment of our current network to see where our weaknesses were. He reviewed those findings and the proposed network enhancements to include replacement of routers, enhancing the security and VPN system, wireless routers, and system control. The improvements would cost $44,243.55.
Commissioner Bower moved to approve the sole source contract with Alexander Open Systems (AOS) in amount not to exceed $44,243.35, as presented. Commissioner Gasbarre seconded the motion. The motion was approved unanimously.
Resolution No. 1904 – Amending the 2008 General Improvement Projects – Commissioner Bower moved to table this item. Commissioner Gasbarre seconded the motion. The motion was unanimously approved.
Resolution No. 1905 – KLINK Resurfacing Project (Contract No. 2008-23) – Public Works Director McDonald explained the KDOT grant opportunities to assist local governments with maintaining state highways. The KLINK Resurfacing Project authorizes the State to use highway funds to resurface city connecting links of the State Highway system; 4th Street and Spruce Street are considered
connecting links and are eligible for these funds. Work will occur in 2010, and an application was submitted on June 26, 2007 for the following work:
· US-73 (4111 Street) - Mill/Overlay/
o Spruce Street to Walnut Street
o Shawnee Street to Pottawatomie Street
· K-92 (Spruce Street) - Mill/Overlay
o Central Avenue to 15th Street
Commissioner Gasbarre moved to authorize the Mayor to approve the agreement with KDOT and approve Resolution No. 1905 for the KLINK Resurfacing Project, as presented. Commissioner Baker seconded the motion. The motion was unanimously approved.
Cereal Malt Beverage License – Wal-mart #26, 3450 S. 4th Street – Commissioner Gasbarre moved to approve the Cereal Malt Beverage License for Wal-Mart #26, 3450 S. 4th Street, as presented. Commissioner Bower seconded the motion. The motion was unanimously approved.
First Consideration Ordinance to Amend Code of Ordinances, Section 100-44 Stop Signs on Specific Streets – Police Chief Kitchens reviewed his recommendation to add a traffic stop sign at Esplanade and Choctaw Street. Consensus to place on first consideration.
First Consideration Ordinance for Acquisition/Condemnation of Private Properties – 3 Mile Creek Maintenance Project – Public Works Director McDonald stated that the owners of the properties for condemnation requiring easements for temporary grading were: Vasco Vic Bince and Epifania Anor Valdez; Canton Industrial Corporation; Diversified Holdings, Inc.; David Miller; Kenneth N. & Patrice A. Spenser; Mike Kaba; Beoppler; and Holland.