100 N. 5th Street,
Leavenworth, Kansas 66048 / City Commission Regular Meeting
Commission Chambers
Tuesday, November 13, 2012, 7:00 p.m.
CALL TO ORDER - The Governing Body met in regular session. The following commission members were present: Mayor Larry Dedeke, Mayor Pro-Tem Laura Janas Gasbarre and Commissioners: Phil Urban, and Mark Preisinger Absent: Davis T. Moulden
Others present: City Manager J. Scott Miller, Assistant to the City Manager Paul Kramer, Public Works Director Mike McDonald, Deputy Public Works Director Bob Patzwald, City Planner Berrin Nejad, Police Chief Pat Kitchens, Parks and Recreation Director Julie Anderson, Human Resource Director Lona Lanter, Recreation Superintendent Tabor Medill, Parks Superintendent Steve Grant, City Attorney Tom Dawson, Public Information Officer Melissa Bower, and City Clerk Karen J. Logan.
Mayor Dedeke opened the meeting with the pledge of allegiance followed by silent meditation. Boys Scouts from the Methodist Church.
Proclamation Leavenworth Home Care and Hospice Month October 2012 - Mayor Dedeke presented the proclamation to Clinical Manager Jill Guenther with Cushing / St. Luke’s Homecare and Hospice. Ms. Guenther thanked everyone for this recognition. She stated that health care has changed over the years and there is an increased need for home care and hospice.
Employee Service Awards – Mayor Dedeke recognized 16 employees who reached a milestone in their career with the City of Leavenworth. He presented awards and service certificates to the following:
Ten Year Awards
Roberta G. Eddy, Telecommunications Specialist
John McKee, Telecommunications Specialist
Stephen P. Grant, Parks Superintendent
Thomas N. Koch, Building Maintenance Custodian
Twenty-five Year Awards
Paul E. Perrin, Equipment Operator II
Fifteen Years of Service
Carol L. Charity, Manager of Information Systems
Sean S. Goecke, Police Lieutenant
Danny D. Hall, Police Officer
Johnny D. Sweet, II, Police Officer
Tyler B. Ewert, Driver/Operator
Jimmie L. Forge, HR Specialist
Patrick R. Tooley, Section 8 Coordinator
Twenty Years of Service
Brian A. Anderson, Police Detective
Timothy W. Huggins, Fire Lieutenant
Walter Terron, Fire Captain
Richard B. Cooper, Senior Engineering Technician
New Employee Welcome: Mayor Dedeke welcomed the newly hired regular full time and part time employees. He recognized: Noah Wooten, Police Officer; Christopher Berry, Police Officer; Ruth HensIeigh, Police Officer; Barron (Craig) Enloe, PT Custodian; Blake Wyatt, Firefighter; LaRhone Word, Solid Waste Collector; Melanie Jackson, Telecommunications Specialist; and Melissa Bower, Public Information Officer.
Consideration of Minutes: Commissioner Gasbarre moved to approve the October 23, 2012 regular meeting minutes as presented. Commissioner Preisinger seconded the motion and was unanimously approved.
Second Consideration Ordinances:
Ordinance No. 7910 Amend Appendix F Schedule of Fees – City Clerk Logan highlighted the following amendments to Appendix F in the Code of Ordinances:
· Chapter 102 Streets, Sidewalks and Other Public Places
o Add Fee to Hang Banners Over 4th Street Permit Fee $25.00
Mayor Dedeke called for the roll call vote and was unanimously approved.
Ordinance No. 7911 Amend the 2011 Development Regulations – City Planner Nejad highlighted amendments to the following sections of the 2011 Development Regulations:
· Article II. Administration. Section 2.12 Appeals Jurisdiction
o Clarify the appropriate entity to hear appeal - City Commission or Board of Zoning Appeals
· Article XV. Board of Zoning Appeals
o Changed language from “Development Regulations” to “Zoning Regulations”
· Table XVI-1 Table of Permitted Uses
o Recommended revisions
Mayor Dedeke called for the roll call vote and was unanimously approved.
Citizens Participation: No response.
2012 State Legislative Agenda – City Manager Miller reviewed the 2013 State Legislative Agenda that was discussed at the study session on November 6, 2012 and he recommended approval of the program. He stated that if approved he will forward the legislative platform to our legislators.
Commissioner Urban moved to approve the 2013 State Legislative Agenda, as presented; seconded by Commissioner Preisinger and was unanimously approved.
Resolutions:
(Item Tabled) Resolution No. B-2043 Recreation Fees – Parks and Recreation Director Anderson stated the Leavenworth Parks and Recreation Advisory Board and staff is recommending new user fees, new program fees, and modifications to current facility user contracts and established user fees.
Ms. Anderson highlighted:
On September 4, 2012, the Parks and Recreation Advisory Board and staff met with the City Commission in a study session to review and discuss fees for:
1. American Legion user fee at Sportsfield.
2. Field rental fee at Sportsfield, Cody Park, and Hawthorn Park for either non-league games and/or tournaments.
3. Field dressing fee for tournament games and/or non - league games.
4. Increase in adult softball league fees.
5. Non - resident fees.
6. Admission fee into Sportsfield.
7. New program fees.
Recommendation:
· $600 per team usage fee for the American Legion League
· $125 per day per field rental fee for tournaments and non-league games
· $20 per hour for duration of tournament for field dressing fee (optional)
· Increase of $45 for adult softball league fee
· No increase for non-resident fee
· No fee for admission to Sportsfield
· New summer programs:
o Geiger Ready Mix Competitive Baseball League - $1,000 fee
o Sand Volleyball team registration $175
o Familympics ranging from $20 to $75 depending on the number of events
Fees recommended by the Leavenworth Parks and Recreation Advisory
Commissioner Urban asked for clarification of fees, the new fees and that there would not be a fee charged for admission at Sportsfield.
Commissioner Gasbarre commented about the recommendation for no admission fee to Sportsfield. She was surprised that there was not a fee recommended. Ms. Gasbarre mentioned that fees are charged at the pools, weight rooms, youth sports and community center. She asked why they were not recommending a fee. Ms. Gasbarre thinks this is the perfect opportunity to collect some revenue to help maintain the new Sportsfield facility.
Mayor Dedeke understands Ms. Gasbarre comments; however he felt these fees will be charged to the parents to view the games and they have already paid for their child to play youth sports. Mayor Dedeke was concerned that we were going to charge too many fees and then nobody would use the facilities. Ms. Gasbarre does not see a difference from using the pool or using the Sportsfield Park; she has heard from a lot of people concerning this topic. Ms. Gasbarre stated this fee would help to offset the maintenance cost of the facility.
Ms. Anderson stated that the advisory board was torn with the admission fees and was going to try it get sponsorships at Sportsfield to help support the maintenance.
Commissioner Urban understands where Mayor Dedeke and Commissioner Gasbarre were coming from; he felt there is a difference from admission fees at the pool versus the ballfield. Mr. Urban would like to collect admission fees from those attending to watch, but not charge the parents whose child is participating and who has already paid a registration fee.
Ms. Anderson stated that it was difficult to manage the passes, who had paid versus who needs to pay admission.
Commissioner Preisinger asked how much the fees would be for adult softball. Recreation Superintendent Medill stated the fees would be $295 for residents and $350 for non-resident fees.
Keith Melick, representative of the American Legion, commented:
· September 4, 2012 study session –
o He understood the Parks and Recreation Advisory Board would be meeting with the American Legion to discuss the fees and that meeting did not take place
· Currently the American Legion is paying $10 per hour for field dressing
· $600 fee per legion team and to set the schedule in advance would be difficult for the American Legion
· Tournament fees at $125 per team not affordable
· In October 2012 the Parks and Recreation Advisory Board had a meeting and he was not invited
· The American Legion collects a $350 fee which is used for tournaments, scholarships, etc.
· American Legion staff and players could work on the fields to help with maintenance
· American Legion coaches have discussed the fees with him
· Olathe fees are $1,500 per team
Mayor Dedeke asked if there had been a meeting with the American Legion and Ms. Anderson stated they had not met with them.
Commissioner Gasbarre stated that the Parks and Recreation Advisory Board meetings are public and the American Legion could have attended the meeting. She also understood that the American Legion was to provide the receipts from the past tournaments and games. American Legion needs to provide all the documentation and attend the advisory board meeting. She supports tabling this item. Ms. Gasbarre stated that all meetings are on the city website and open to the public to attend.
Mayor and Commissioners thanked the Parks and Recreation Advisory Board and would like to get input concerning this topic.
Commissioner Preisinger commented that the Parks and Recreation Advisory Board agenda is not on the city website; he stated that this to be solved and should be worked out between both groups.
Commissioner Urban moved to table this item until the Parks and Recreation Advisory Board meets with interested parties. Commissioner Gasbarre seconded the motion and was unanimously approved.
Resolution No. B-2044 Condemnation Proceedings (Limit Street Project) – Public Works Director McDonald recommended approval of Resolution No. B-2044 necessitating the appropriation of private property by condemnation.
Following procedure as outlined by K.S.A. 26-201:
1. The City Commission adopts a resolution deeming it necessary to appropriate private property for the use of the City; and authorizes a land survey and description of the land or interest to be condemned.
2. Resolution will be published in the City newspaper.
3. Upon filing of the survey and description of the land or interest to be condemned the governing body shall consider an ordinance providing for the acquisition of the land or interest.
4. As soon as practical after passage of the ordinance, the governing body may proceed to exercise the power of eminent domain procedures.
Property has been acquired by the City from most of the property owners on this project. The remaining property may need to be acquired by the condemnation process for the following project: Limit Street from 15th Street west to 20th Street.
Commissioner Preisinger moved to approve Resolution No. B-2044, as presented. Commissioner Urban seconded the motion and was unanimously approved.
Bids, Contracts and Agreements:
Bid for Police Vehicle Equipment and Installation – Police Chief Kitchens is requesting approval to award the bid for the purchase and installation of additional equipment for police cars to 911 Custom in the amount of $19,623.84.
As part of the purchase of police cars the Police Department was allocated an additional $24,304 for the purchase and installation of additional equipment necessary to outfit those cars with new equipment such as sirens and cages as well as the removal and re-installation of existing equipment. Chief Kitchens explained the bid process and that the work had already been completed.
The Police Department received two bids for the purchase and installation of this equipment:
· 911 Custom of Olathe, KS $19,623.84
· KaComm, Inc. of Olathe, KS $21,968.94
Commissioner Urban moved to approve the bid for purchase and installation of equipment to 911 Custom in the amount of $19,623.84, as presented. Commissioner Gasbarre seconded the motion and was unanimously approved.
Contract No. 2012-61 Agreement for Groundwater Testing between DGS LLC, Kansas Department of Health and Environment and the City - Public Works Director McDonald asked to consider an agreement between DGS, LLC the City and Kansas Department of Health and Environment (KDHE) related to groundwater testing.
KDHE informed the City that groundwater contamination from the former Battery Factory, located at 1825 S. 4th Street, currently occupied by Tire Town, may be migrating toward Five Mile Creek under the treatment plant. It has been requested that the City allow KDHE to install groundwater monitoring wells to for this potential contamination. The agreement has been developed between the City and KDHE to allow for this monitoring well to be installed. All costs associated with this well are at the expense of DGS, LLC. There is currently no contamination reaching Five -Mile Creek, and no threat to people or drinking water sources. There is no expense to the City of Leavenworth; this is just permission to place the monitoring wells on City property.
Commissioner Gasbarre moved to approve the agreement between DGS, LLC the City and Kansas Department of Health and Environment (KDHE) related to groundwater testing, as presented. Commissioner Urban seconded the motion and was unanimously approved.
Contract No. 2012-62 Evaluation, Design and Bid Phase Services for 2013 Pavement Management Program – Public Works Director McDonald asked for approval of Affinis Corporation contract for evaluation, design and bid phase services for the 2013 Pavement Management Program.
He highlighted the following:
· Part of the annual pavement management program
· Results and recommended streets come back to the commission for consideration
· Fourth contract with Affinis Corporation
· Recommend approval of the contract for evaluation, design and bid phase services
Commissioner Preisinger asked about considering a three year plan to address the pavement management program.
· Public Works Director McDonald explained the program and design phases
· City Manager Miller stated that he would be talking with the public works staff to work on a three year plan in the near future
Commissioner Preisinger moved to approve the Affinis Corporation contract for evaluation, design and bid phase services for the 2013 Pavement Management Program in the amount not to exceed $39,800, as presented. Commissioner Gasbarre seconded the motion and was unanimously approved.
Contract No. 2012-60 KDOT Agreement for Replacement of 2nd Avenue Bridge at 5 Mile Creek – Public Works Director McDonald reviewed the agreement with Kansas Department of Transportation (KDOT) to replace bridges for over 25 years using cost shared funds. The bridge over 5 Mile Creek at 2nd Avenue and Limit Street was built in 1960.
KDOT will fund 80% of construction and inspection costs of $2,550,000 (KDOT share is $2,040,000 million). The City is responsible for a match of $510,000 and all costs in excess of $2,550,000 related to construction and inspection.