Leavenworth City Commission s3

CITY COMMISSION REGULAR MEETING CITY OF LEAVENWORTH (CONTINUED FROM AUGUST 12, 2014) 100 N. 5th Street COMMISSION CHAMBERS Leavenworth, Kansas 66048 TUESDAY AUGUST 19, 2014 7:00 P.M.

CALL TO ORDER - The Governing Body met in regular session and the following commission members were present: Mayor Mark Preisinger, Mayor Pro-tem Lisa Weakley, Commissioners Larry Dedeke and Laura Janas Gasbarre Absent: Davis T. Moulden

Others present: City Manager J. Scott Miller, Assistant City Manager Paul Kramer, Finance Director Ron Hale, Public Works Director Mike McDonald, Deputy Public Works Director Bob Patzwald, Fire Chief Gary Birch, City Attorney Tom Dawson, Public Information Officer Melissa Bower, Deputy City Clerk Carla Williamson and City Clerk Karen J. Logan.

Mayor Preisinger opened the meeting with the pledge of allegiance followed by silent meditation.

Mayor Preisinger then mentioned the Proclamation recognizing the City’s 160th birthday and stated it was read during the 2014 Buffalo Bill Days event.

Consideration of Minutes – Commissioner Gasbarre moved to approve the July 22, 2014 and August 12, 2014 regular meeting and August 5, 2014 special meeting minutes, as presented. Commissioner Dedeke seconded the motion and was unanimously approved.

Second Consideration Ordinances: Ordinance No. 7948 Demolition Assessments – City Clerk Logan asked for consideration of an ordinance levying special assessments to pay the City’s cost to abate demolition costs for the following properties: 077.35.0.10.31.006.00-0 703 S. Broadway Duane & Tina Allen $ 870.00

Ms. Logan mentioned the demolition cost for 215 S. 12th Street in the amount of $1,975.00 had been removed due to the property ownership change.

Mayor Preisinger called for the roll call vote and Ordinance No. 7948 was unanimously approved.

Ordinance No. 7949 Nuisance Assessments - City Clerk Logan stated an ordinance being presented provides for the nuisance assessments. Mayor Preisinger discussed the nuisance assessment fees and asked that property owners take care of their own property within the city; basically mow their own lawns.

Ordinance No. 7950 Assessment of Sewer Improvements 811 Ottawa – City Clerk Logan discussed the sewer assessment for 811 Ottawa at a cost of $28,500.00 spread over a 12 year period.

Mayor Preisinger called for the roll call vote and Ordinance No. 7950 was approved 3-1 No: Preisinger.

Leavenworth City Commission Meeting August 19, 2014 Page 1 Ordinance No. 7951 Amend 2011 Development Regulations (Parking) – City Manager Miller discussed the amendment to the parking requirements for recreation community center which requires four parking spaces per 1,000 square foot of gross floor area.

Citizen Participation: No response.

General Items:

Mayor’s Appointment to First City Development Corporation – Mayor Preisinger moved to approve the appointment of Sue Peterson to the First City Development Corporation term ending May 31, 2016. Commissioner Gasbarre seconded the motion and was unanimously approved.

Countywide Sales Tax – City Manager Miller reviewed the proposed wording for the countywide sales tax initiative:

 Suggested using the same language that was in place 2007 – 2016

o Includes debt service payments, infrastructure, capital projects and economic development

 Marketing materials include the following:

o Add widening of Eisenhower Road from the U-Haul Rental business west to Tonganoxie Road and Thornton Road

o Add the construction / replacement of Fire Station No. 2

 Meeting with local officials, Mike Reilly and Jerry Reilly, requesting that the cities and county consider a 20 year county wide sales tax

Mayor Preisinger and Commissioners discussed:

 Benefits to a 20 year county wide sales tax – long term bonds or financing

 Funding projects over a period of 20 years versus 10 years allows for construction of larger projects

 Citizens like the sunset clause of 10 years and the option to vote on the county wide sales tax every 10 years

 Prefer that the county wide tax projects be broad such as street construction, economic development and not specific to projects

o List specific projects on the informational brochures

 Ballot question and how it will be worded

 Opportunity for new residents in the Leavenworth area

 Ballot question was passed to allow for a county wide sales tax from 1997-2006 and 2007-2016

 Consider the 20 year sales tax and get feedback from the community

Leavenworth City Commission Meeting August 19, 2014 Page 2 Commissioner Weakley moved to approve the same project language for the charter ordinance county wide sales tax referendum 2017-2026, as presented. Commissioner Dedeke seconded the motion and was unanimously approved.

Supplemental Programmatic Environmental Assessment – City Manager Miller discussed:

 Department of Army has completed a Supplemental Programmatic Environment Assessment

 City’s concerns - potential cutbacks to Fort Leavenworth

 Letter from the Leavenworth City Commission with concerns about the reduction in force at Fort Leavenworth

 Send a letter to the U.S. Army Environmental Command with a copy to our U.S. Congress and Senators

Commissioner Gasbarre moved to approve the letter to the U.S. Army Environmental Command with a copy to our U.S. Congress and Senators concerning the Supplemental Programmatic Environment Assessment. Commissioner Dedeke seconded the motion and was unanimously approved.

Public Hearings:

2015 Budget –

Open Public Hearing - Commissioner Gasbarre moved to open the public hearing, as presented. Commissioner Dedeke seconded the motion and was unanimously approved.

City Manager Miller gave a brief presentation for the proposed budget for fiscal year 2015 (January 1, 2015 to December 31, 2015.)

 Cut the mill levy 21 mills

 No new personnel

o Convention and Visitors Bureau manager paid by Transient Guest Tax

 No new services

 Balanced budget and recommended approval of the 2015 Budget

Close Public Hearing - Commissioner Gasbarre moved to close the public hearing, as presented. Commissioner Dedeke seconded the motion and was unanimously approved.

Adopt 2015 Budget – Commissioner Dedeke moved to approve the 2015 Budget, as presented. Commissioner Gasbarre seconded the motion and was unanimously approved.

Adopt Resolution No. B-2085 Housing Budget - Commissioner Dedeke moved to approve Resolution No. B-2085, as presented. Commissioner Gasbarre seconded the motion and was unanimously approved.

Public Hearing for Unsafe Structures –

Open Public Hearing Commissioner Gasbarre moved to open the public hearing. Commissioner Dedeke seconded the motion and was unanimously approved.

Leavenworth City Commission Meeting August 19, 2014 Page 3 Present Evidence for Unsafe Structures – Public Works Director Mike McDonald discussed the following structure that was found to be unsafe and dangerous structures due to fire damage. He stated that the city received insurance proceeds of $9,333.30 due to the fire damages to the structures exceeding 75% of the face value of policy coverage. He reviewed the fire damaged structures to be repaired or demolished:

1. A one- story wood frame house located at 1421 Osage Street, legally described as FISK'S SUBDIVISION, BLOCK 1, Lot 6 of the City of Leavenworth, Kansas. The house is unsafe, dilapidated and a nuisance. Staff has made several attempts to contact the property owners. PARCEL ID NO. 0520782704012007000. City Commissioners all agreed to allow 10 days to repair or demolish.

Close Public Hearing Commissioner Dedeke moved to close the public hearing. Commissioner Gasbarre seconded the motion and was unanimously approved.

Resolution No. B-2086 Demolition or Repair of Unsafe Structures - Commissioner Dedeke moved to adopt Resolution No. B-2086, as presented. Commissioner Gasbarre seconded the motion and was unanimously approved.

Bids, Contracts & Agreements:

Contract No. 2014-41 Repayment Agreement Public Housing Authority – Assistant City Manager Kramer reviewed:

 Repayment agreement over the course of 48 years – to be paid back to ourselves from the administration costs

 Explained the allowed administration costs and the Housing Assistance Program funding

 Small amount since 2007 - $112,732

 Cut a position at Planters II and cutback administrative costs

 Directed by HUD to enter into this repayment agreement concerning the administration costs

Commissioner Dedeke moved to approve the repayment agreement with HUD as presented. Commissioner Gasbarre seconded the motion and was unanimously approved.

First Consideration Ordinance:

Ordinance Assessment for Demolition of Structures – City Clerk Logan reviewed the special assessments to pay the City’s cost to abate demolition costs for the following properties according to Chapter 22, Article X of our Code of Ordinances.

1. A one-story house and shed located at 201 Osage Street, legally described as LEAVENWORTH, PLT ORIG, S25, T08, R22E, BLOCK 26, Lot 32. CAMA NO. 0772503107001000 $5,240.84

2. A one-story wood frame house located at 520 Pawnee Street, legally described as LEAVENWORTH, PLT ORIG, BLOCK 60, Lot 11. CAMA NO. 0772601406013000 $5,992.84

3. A one-story wood frame house located at 625 Kiowa Street, legally described as LEAVENWORTH, PLT ORIG, BLOCK 93, Lot 20. CAMA NO. 0772604103011000 $5,148.84

Leavenworth City Commission Meeting August 19, 2014 Page 4 4. A one-story wood frame house and shed located at 912 Grand Avenue, legally described as STILLING'S, BLKS 1-3, BLOCK 2, LTS 19-20 & N75'LTS 21-26. CAMA NO. 0773503002011000 $4,735.84

5. A one-story wood frame garage located as 1112 N. 12th Street, legally described as GIST SURVEY, S26, T08, R22E, PT GIST SURVEY IN NW1/4; BEG 152. CAMA NO. 0772602004010000 $2,507.84

6. A one-story wood frame garage located at 411 Sheridan Avenue, legally described as HALSEY HEIGHTS, BLOCK 4, Lot 21 & 22. CAMA NO. 1010104010004000 $2,216.84

Consensus to place an ordinance on first consideration.

Consent Agenda:

Claims for July 19, 2014 through August 8, 2014 in the amount of $1,054,028.86; Net payroll #15 dated July 25, 2014 in the amount of $343,117.53 (Fire and Police Pension $12,869.52) and Net payroll #16 dated August 8, 2014 in the amount of $320,865.36. Commissioner Weakley moved to approve the consent agenda, as presented. Commissioner Dedeke seconded the motion and was unanimously approved.

Other Items:

License Fees for Solicitors/Peddlers – Mayor Preisinger stated that the City Commission discussed the solicitor and peddler fees on August 5, 2014. Since that time Mr. Jared Falk with Time Warner Cable requested to discuss the fees again with the Commissioners. Mayor Preisinger summarized the previous meeting discussion and the fees associated with solicitors or peddlers.

Mr. Falk highlighted:

 No contracts required on three of their products offered by Time Warner

 Home security systems do have a contract up to 18 months; but residents have three days to cancel the system right after signing the contract

 Door to door sales from 9 a.m. to dusk

 Cost prohibitive compared to other cities in the surrounding area

 Consider waiving solicitor / peddler fees for Video Service Operations companies within the City

 Time Warner looks at the door-to-door solicitation as a service

 Franchise fees collected:

o 2011 - $311,000

o 2012 – $319,000

o 2013 - $312,000

o 2014- $285,000 (estimate)

Mayor Preisinger and Commissioners discussed:

Leavenworth City Commission Meeting August 19, 2014 Page 5  Spirit and intent of ordinance is good – discourages door to door sales

 Local businesses promoting their products

 Consider changing the ordinance for all local businesses

 Do not change the rates for non-local businesses

 Solicitor and peddler fees versus handbill distribution

 Need a consensus to move forward

 No consensus – solicitor and peddlers fees remain in place

Other Items (continued):

Commissioner Gasbarre expressed condolences to Lisa Weakley and her family after the recent passing of her mother. She also asked about Commissioner Moulden.

Commissioner Weakley thanked everyone for their thoughts and prayers.

Commissioner Dedeke mentioned that Stubby Park and Kane Park both needs mowed.

Mayor Preisinger mentioned the Buffalo Bill Days event on August 15 and 16th. He felt that Cherokee Street from 6th to 7th Street did not need to be closed on Friday. He asked about the construction at 5th Avenue and the drainage repairs.

Adjourn – Commissioner Dedeke moved to adjourn the meeting. Commissioner Gasbarre seconded the motion and was unanimously approved.

Time Meeting Adjourned 8:16 p.m.

Minutes taken by City Clerk Karen J. Logan, MMC

Leavenworth City Commission Meeting August 19, 2014 Page 6