100 N. 5th Street,
Leavenworth, Kansas 66048 / City Commission Regular Meeting
Commission Chambers
Tuesday, May 22, 2012 7:00 p.m.
CALL TO ORDER - The Governing Body met in regular session and the following commission members were present: Mayor Larry Dedeke, Mayor Pro-Tem Laura Janas Gasbarre and Commissioners: Davis T. Moulden, Mark Preisinger and Phil Urban.
Others present: City Manager J. Scott Miller, Assistant to the City Manager Paul Kramer, Major Dan Nicodemus, Public Works Director Mike McDonald, Community Development Coordinator Linda Cooper, City Attorney Tom Dawson, Public Information Officer Sara Wright and City Clerk Karen J. Logan.
Mayor Dedeke opened the meeting with the pledge of allegiance followed by silent meditation.
Proclamations - Mayor Dedeke presented National Drinking Public Works Week May 20-26, 2012 to Public Works Director Mike McDonald and he highlighted:
- Thanks for the proclamation and recognition
- Discussed personnel and equipment and he thanked the City staff for all their work
Consideration of Minutes – Commissioner Urban moved to approve the May 8, 2012 regular meeting and May 15, 2012 special meeting minutes, as presented. Commissioner Moulden seconded the motion and was unanimously approved.
Second Consideration Ordinance No. 7896 Rescind Special Use Permits (SUP) – City Clerk Logan stated this ordinance was placed on first consideration on May 8, 2012 and she recommended approval to rescind the SUP’s:
Name / Location / Use / SUP Ord / Date Approved /Robert & Jan Topping / 221 Arch / Bed & Breakfast / 7395 / 11/24/1998
Johnson/Palmer / 3rd & Kickapoo / Bus Station / 6661 / 4/12/1983
Chris & Rosemary Mouhlas / 905 Ottawa / Child Care Center / 7770 / 6/10/2008
Alycia Mclaren / 420 Linn / Child Care Center / 7743 / 9/18/2007
Dawn Wilson / 3423 Tudor / Child Care Center / 7714 / 11/14/2006
Gilmore And Branson / 775 Ottawa / Child Care Center / 7572 / 8/12/2003
Janet Jost / 1118 Shawnee Street / Child Care Center / 7542 / 9/10/2002
Janna & Richard Greenly / 2415 Girard Ave / Child Care Center / 7794 / 4/14/2009
Karin Lada / 3106 New Lawrence Rd / Child Care Center / 7064 / 5/28/1991
Kelly Lis / 711 Chestnut Street / Child Care Center / 7672 / 10/11/2005
Kim Christy / 1210 Washington Street / Child Care Center / 7690 / 2/6/2006
Lamar Willis, Sr / 2005 Montezuma St / Child Care Center / 7800 / 6/9/2009
Mary A. Taylor / 1118 Wildwood St / Child Care Center / 7789 / 2/13/2009
Noemi Rosa / 508 Ottawa / Child Care Center / 7711 / 10/24/2006
Johanna L Domingo / 602 Kiowa / Child Care Center / 7852 / 10/12/2010
Christine Gilmore / 1111 Cherokee / Child Care Center / 7732 / 7/10/2007
Kent Redford / Pilot Knob / Communication Tower / 6758 / 10/9/1984
Funeral Home / 424 Kiowa / Funeral Home / 6771 / 4/23/1985
Elijah Pohl & Joanna Murray / 911 Pottawatomie / Group Day Care / 7841 / 6/8/2010
HELP, Inc. / 319 Walnut / Group Home / 6971 / 5/23/1989
Joyce Forge / 519 Osage / Group Home Elderly / 7201 / 1/10/1995
Elks - Jalester Linton / 601 N 3rd St / Private Club / 6673 / 6/28/1983
Kohls Retail Liquor / 817 S 5th / Retail Liquor / 6776 / 5/28/1985
Mayor Dedeke called for the roll call vote and Ordinance No. 7896 was unanimously approved.
Citizen Participation – Dave Spangler, citizen, asked for clarification concerning his dog biting somebody; the cost for bailing the dog out of the Animal Control Facility; he was issued ticket for the dog biting a person coming into his yard; and he wanted input from the city attorney and city commissioners. City Attorney Dawson stated that certainly this issue could be brought to court if he disagreed with the procedures. Mayor Dedeke stated that this needed to be addressed in court and discussed options for Mr. Spangler to get the ordinance modified. City Manager Miller stated that anytime there was a dog bite the issue was addressed in court so both sides of the story is heard before the judge and the judicial system.
Mayor’s Appointments to Board of Zoning Appeals, City Planning Commission, Community Corrections Advisory Board, Electrical Board, First City Development Corporation, Leavenworth Preservation Commission, Library Board, Mechanical Board of Appeals, Plumbing Board, Sister City Advisory Board – Mayor Dedeke recommended the following appointments:
Building Code Board of Appeals - Appoint Carroll Bohannon to a term ending 5-1-2016 and Brett Napier to a term ending 5-1-2017
City Planning Commission - Reappoint Mike Bogner, Kennith Burns, and Randy Larkin to terms ending 5-1-2015
Community Corrections Advisory Board - Reappoint L. Kay Anderson, Andrea Clark and Pat Kitchensto terms ending 10-16-2013
Electrical Board - Appoint Thomas Youngto a term ending 5-1-2016 and reappoint Roger Crockett to a term ending 5-1-2017
First City Development - ReappointPaul Backs, Deb Baeuchle, Mike Fullmer, Jody Kaaz and David Thompson to terms ending 5-31-2014
Leavenworth Preservation - Reappoint Edward Otto to a term ending 4-15-2014 and Ken Bower to a term ending 4-15-2015
Library Board - Reappoint Pat DiLeonardoand David Van Parysto terms ending 4-30-2016
Mechanical Board of Appeals - Appoint Mike Brightwell to a term ending 5-1-2017
Plumbing Board - Appoint DennisRodgers to a term ending 5-1-2017
Sister CityAdvisory Board- Reappoint Margaret McKane to a term ending 12-31-2014 and Barbara Kempfto a term ending 12-31-2015
Mayor Dedeke moved to approve the appointments, as presented. Commissioner Preisinger seconded the motion and was unanimously approved.
2012 Local Edward Byrne Memorial JAG Grant – Major Nicodemus stated the Police Department is requesting authority to apply for the 2012 Edward Byrne Memorial Justice Assistance Grant in the amount of $31,758.00.
The Police Department will use this grant to help fund the next phase in the replacement of the Computer Aided Dispatch (CAD)/Records Management Software (RMS)/ Mobile Data Terminal (MDT) project. They have already purchased and are installing the CAD/RMS portion.
The City of Leavenworth will share this allocation with Leavenworth County. The allocation is based upon a formula which provides the City of Leavenworth will receive $21,000 and Leavenworth County will receive $10,758. The City of Leavenworth must apply for this grant on behalf of both entities. Leavenworth County intends to use the money for the Sheriff’s Office to purchase law enforcement equipment.
Commissioner Preisinger moved to approve the 2012 Local Edward Byrne Memorial JAG Grant in the amount of $31,758.00, as presented. Commissioner Urban seconded the motion and was unanimously approved.
(Contract No. 2012-27) Bid for Demolition Project 2012-01 – Community Development Coordinator Cooper asked to consider awarding the contract for Demolition Project 2012-01 to the low bidder Midland Wrecking, Inc. Structures to be demolished include:
· 850 Cherokee 2-story wood -frame house
· 611 N. 8th Street 2-story wood frame house and concrete block garage
· 755 Michigan 2-story wood -frame house (fire damaged, voluntary demolition)
· Pending results of the recent asbestos inspection, the 2 -story wood frame house at 210 Olive will be added to this contract. Home owner asked for 2-3 weeks to remove his personal property.
The City Clerk opened bids on Wednesday, May 16, 2012, in public session with the following tabulated results:
· Midland Wrecking, Inc. $19,715.00 (low bidder)
· Madget Demolition, Inc. $24,000.00
· Dale Brothers $24,422.00
· Kaw Valley Companies, Inc. $25,300.00
· Diversified Builders & Dev, Inc. $27,800.00
Sufficient funds are available in the Community Development Block Grant Program for this contract.
Mayor and Commissioners discussed the asbestos inspections and the timeline for demolitions.
Commissioner Preisinger moved to approve the low bid from Midland Wrecking, Inc. in an amount not to exceed $19,715.00, as presented. Commissioner Gasbarre seconded the motion and was unanimously approved.
First Consideration Ordinance General Improvement Bonds and General Refunding Bonds 2012-B - City Clerk Logan stated the ordinance authorizes and provides for the General Improvement and General Refunding Bonds, Series 2012-B. The bond and note sale will be on Tuesday, June 12, 2012.
The General Improvement and Refunding Bonds, Series 2012-B will be in an aggregate principal amount of $5,325,000 which includes all interest and issuance costs for the following:
General Improvement Bonds, Series 2012-B will be in a principal amount of $1,745,000 which includes all interest and issuance costs for the following projects:
Asphalt Overlay / 726,9155 Mile Creek Trail Bridge / 200,000
Community Center HVAC / 212,000
Fire Training Facility / 217,220
Riverfront Park Bath House / 159,765
Limit Street Design / 164,100
Total / $1,680,000
General Obligation Refunding Bonds in the amount of $3,580,000:
(a) the Series 2002-C Bonds maturing on and after September 1, 2013, (i.e. $320,000) be paid and redeemed as the same become subject to redemption and payment on September 1, 2012, (the “Series 2002-C Refunded Bonds”)
(b) the Series 2005-A Bonds maturing on and after September 1, 2014, (i.e. $2,255,000) be paid and redeemed as the same become subject to redemption and payment on September 1, 2013, (the “Series 2005-A Refunded Bonds”)
(c) a portion of the Series 2008-A Bonds maturing on September 1, 2014, through and including, September 1, 2018, inclusive, (i.e. $850,000) be paid and redeemed as the same become subject to redemption and payment on September 1, 2013
Consensus to place ordinance on first consideration for General Improvement and Refunding Bonds, Series 2012-B.
Consent Agenda - Claims for May 5, 2012 through May 18, 2012 in the amount of $876,787.11. Net payroll #10 dated May 18, 2012 in the amount of $325,603.38 (Police and Fire Pension Payroll $13,920.27). Commissioner Urban moved to approve the consent agenda, as presented. Commissioner Preisinger seconded the motion and was unanimously approved.
Other Items:
Mayor Dedeke asked for an executive session concerning litigation.
Executive Session – Commissioner Preisinger moved to go into executive session for 14 minutes at 7:31 p.m. for discussion concerning litigation. Commissioner Gasbarre seconded the motion and was unanimously approved.
The City Commission returned to open session at 7:45 p.m.
Other Items (continued):
Commissioner Urban asked to study changes to the zoning ordinances concerning items such as porches, decks, and set-backs; all agreed.
Commissioner Gasbarre congratulated all the graduates for 2012 and all who participated in the half-marathon.
Adjourn – Commissioner Gasbarre moved to adjourn the meeting. Commissioner Preisinger seconded the motion and was unanimously approved.
Time Meeting Adjourned: 7:54 p.m.
Minutes taken by: City Clerk Karen J. Logan, MMC
Leavenworth City Commission Meeting May 22, 2012 Page 4