100 N. 5th Street,
Leavenworth, Kansas 66048 / City Commission Regular Meeting
Commission Chambers
Tuesday, May 28, 2013 7:00 p.m.
CALL TO ORDER - The Governing Body met in regular session and the following commission members were present: Mayor Laura Janas Gasbarre, Mayor Pro-Tem Mark Preisinger and Commissioners: Larry Dedeke and Lisa Weakley. Absent: Davis T. Moulden
Others present: City Manager J. Scott Miller, Assistant City Manager Paul Kramer, Parks and Recreation Director Julia Anderson, Aquatics and Special Events Coordinator Nancy Baker, Police Chief Pat Kitchens, Public Works Director Mike McDonald, Deputy Public Works Director Bob Patzwald, Acting City Planner Roger Denton, City Attorney Tom Dawson, Public Information Officer Melissa Bower and City Clerk Karen J. Logan.
Mayor Gasbarre opened the meeting with the pledge of allegiance followed by silent meditation.
Consideration of Minutes – Commissioner Dedeke moved to approve the May 14, 2013 regular meeting and May 21, 2013 special meeting minutes, as presented. Commissioner Weakley seconded the motion and was unanimously approved.
Citizen Participation – Louis Klemp discussed: lowest bid process; $6 million on the Riverfront Community Center; security at the Riverfront Community Center; proper attire in the gym at the Riverfront Community Center; new Animal Control Facility and furnishings; would appreciate monitoring how money is spent; use old furniture at new Animal Control Facility and watch how much more we spend on the Riverfront Community Center.
Aquatics and Special Events Coordinator Nancy Baker discussed some of the programs this year and getting ready for the summer activities. Anthony Gasbarre mentioned programs at the Aquatics Center and the Riverfront Community Center. Conner Faulkner discussed upcoming events such as Father’s Day at Wollman Aquatics, Dad and Me Campout, WAC-ky WAC-A-Thon, Pool Pooch Party, and after hour’s events. He invited everyone to attend movie night and the trail walk on June 1st. Jim Mathis spoke about Nancy Baker; he also mentioned the 41st annual tennis tournament that will be held this weekend.
Final Plat First United Methodist Church Subdivision – Acting City Planner Denton recommended approval of a Final Plat for First United Methodist Church Subdivision, a single lot subdivision located in the south half of Block 22, Clark and Rees Addition, to the City of Leavenworth, Kansas. The subdivision combines the entire south half of the block located on the NW comer of the intersection at South 4th and Chestnut Streets, previously occupied by Leavenworth High School, with the First United Methodist Church. The Planning Commission held a public meeting on May 6, 2013 to hear the plat request and recommend approval 4 -1. The only issue was the dedication of the associated alley as listed on the proposed plat.
Commissioner Weakley moved to approve the Final Plat for First United Methodist Church Subdivision, as presented. Commissioner Dedeke seconded the motion and was unanimously approved.
2013 Local Edward Byrne Memorial JAG Grant - Police Chief Kitchens requested authority to apply for the 2013 Edward Byrne Memorial Justice Assistance Grant in the amount of $127,200. In May, 2013, the U.S. Department of Justice released the annual Edward Byrne Memorial Justice Assistance Grant announcement. The Police Department will use this grant allocation to help fund the purchase of Mobile Data Terminals for the police fleet.
Commissioner Preisinger moved to approve the 2013 Edward Byrne Memorial JAG Grant in the amount of $127,200, as presented. Commissioner Dedeke seconded the motion and was unanimously approved.
Mayor’s Appointment to Sidewalk Advisory Board– Mayor Gasbarre recommended the following appointment to the SidewalkAdvisory Board– Re-appoint John Carroll to a term ending 3-15-2016.
Commissioner Dedeke moved to approve the appointment as presented. Commissioner Weakley seconded the motion and was unanimously approved.
Bid for 2013 Sanitary Sewer I and I Project – Public Works Director McDonald stated staff opened bids for the 2013 Sanitary Sewer I and I Project. He recommended that the City Commission reject all bids and direct staff to rebid the project. He highlighted:
· Project is the first phase of a multi-year (3 to 4 year) project to address the Inflow and Infiltration (I and I) issues in the 01-04 sub-basin (North Shawnee Street, East Lawrence Avenue, West 16th Street, South Westwood).
· Project plans were prepared by city staff identifying the sewer pipe point repair locations, manhole rehab and replacement locations, and the sewer pipe lining locations.
· Mandatory pre-bid meeting was held May 8, 2013 and the bid opening was held May 15, 2013 at City Hall.
· Staff can revise some of the work; will exclude the sidewalk repair and not tear the sidewalk out; but if sidewalk repairs were necessary it will be funded through the sidewalk funds.
Bid results:
K.C. Construction Basehor, KS $377,259.50 (lowest qualified bid)
LEXECO Leavenworth, KS $436,153.00
Linaweaver Construction Lansing, KS $480,937.50
Engineer's Estimate: $317,910.00
Commissioner Dedeke moved to reject all bids and direct staff to rebid the Sanitary Sewer I and I Project. Commissioner Preisinger seconded the motion and was unanimously approved.
First Consideration Ordinances:
Rezoning Amendment Hughes Road PUD Phase III - Acting City Planner Denton stated the applicants, Jay Nichols and Lynn Nichols of Rose Villa, Inc., Topeka, Ks, on behalf of Development, Inc., is requesting an amendment to the PUD, converting the existing elderly care facilities to a 40 bed residential care facility at 519 -523 Limit Street, which is located on the south side of Limit Street west of Hughes Road. Full-time staff will be at the facilities. The applicant is requesting no new construction other than safety improvements. May 6, 2013 the City Planning Commission held a public hearing and unanimously approved the request. Consensus to place an ordinance on first consideration.
Amend Section 110 -38 One -Way Streets on Muncie Road – Police Chief Kitchens recommended making traffic flow one-way while traveling east on Muncie from Lakeview to Hughes Road. The Commission discussed this matter on May 21, 2013 and agreed to move forward with the change. Consensus to place an ordinance on first consideration.
Rescind Special Use Permits – City Clerk Logan asked the City Commission to consider rescinding Special Use Permits (SUP) under the 2011 Development Regulations Administration Section 2.06 Special Use Permits. All the SUPS listed below have failed to pay the annual registration fee of $25.00. Multiple notices were sent to the property owners and various mailing addresses. No public notice is required in order to administratively rescind Special Use Permits for failure to pay annual registration fees.
Name / Location / Use / SUP Ord / Date Approved / 2013 PermitFee Paid / Comments /
Jan & Gary Pauley / 908 3rd Avenue / Child Care Center / 7680 / 12/13/2005 / 0 / Rescind 2013
Tonia Nelson and Julie Brunner / 1306 Dakota / Child Care Center / 7725 / 3/27/2007 / 0 / Rescind 2013
Consensus to place an ordinance on first consideration.
2013-A General Obligation Bonds – City Clerk Logan recommended placing an ordinance on first consideration for the General Obligation Bonds, Series 2013-A. The bond sale will be on Tuesday, June 11, 2013. The results will be presented to the City Commission the same evening. The General Obligation Bonds, Series 2013-A will be in a principal amount of $3,860,000 which includes all interest and issuance costs for the following projects:
Asphalt Overlay / 710,030KLINK K-7 Pennsylvania to Rees, K92 4th to 6th / 134,960
KLINK K92 10th to 15th / 160,340
Animal Control Design / 138,345
10th and Thornton Traffic Signal / 82,955
Library HVAC / 84,000
North Esplanade Park Trail / 44,500
Centennial Bridge Lighting / 159,040
Animal Control Facility / 2,180,000
Consensus to place an ordinance on first consideration.
Consent Agenda - Claims for May 11, 2013 through May 24, 2013 in the amount of $712,654.63; Net payroll #10 dated May 17, 2013 in the amount of $313,154.71 (Net Police and Fire pension payroll $13,645.47). Commissioner Weakley moved to approve the consent agenda, as presented. Commissioner Dedeke seconded the motion and was unanimously approved.
Other Items:
Commissioner Preisinger asked about the street in north Leavenworth called Cheyenne Circle with no parking on the east side of the street and if this could be changed. He also mentioned that if citizens “see something, say something” and with technology could there be e-mail or cell phone communications. Staff explained there is e-mail available to the citizens but it could be made more visible on social media sites.
Commissioner Weakley attended the ground breaking ceremony for the Fairfield Inn and Suites today and thanked the developer Ferguson Group for the hotel project.
Mayor Gasbarre agreed with Ms. Weakley about the new hotel project.
Police Chief Kitchens invited children to attend the D.A.R.E. Camp on June 24-28, 2013; there are 50 spots available.
Executive Session – Commissioner Preisinger moved to go into executive session for 30 minutes at 7:40 p.m. for discussion concerning land acquisition and personnel matters of non-elected personnel. Commissioner Dedeke seconded the motion and was unanimously approved.
The City Commission returned to open session at 8:10 p.m.
Adjourn – Commissioner Dedeke moved to adjourn the meeting. Commissioner Preisinger seconded the motion and was unanimously approved.
Time Meeting Adjourned 8:12 p.m.
Minutes taken by City Clerk Karen J. Logan, MMC
Leavenworth City Commission Meeting May 28, 2013 Page 1