CITY OF LEAVENWORTH CITY COMMISSION REGULAR MEETING 100 N. 5th Street, COMMISSION CHAMBERS Leavenworth, Kansas 66048 TUESDAY, APRIL 8, 2008, 7:00 P.M.

CALL TO ORDER - The Governing Body met in regular session on Tuesday, April 8, 2008 at 7:00 p.m. The following commission members were present: Mayor Larry Dedeke, Commissioners Shay Baker, Ken Bower, Lisa A. Weakley and Laura Janas Gasbarre

Others present: City Manager J. Scott Miller, Assistant City Manager Robyn Stewart, Public Works Director Mike McDonald, Deputy Public Works Director Bob Patzwald, Operations Superintendent Ed Davis, Community Development Director Jerry Gies, Planning Director Roger Denton, Interim Parks & Recreation Director Julie Anderson, Public Information Officer Megan Scheidt, City Attorney Bob Beall, Joy Knapp, Clerk II and City Clerk Karen J. Logan.

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

Proclamation – Mayor Dedeke read a Proclamation declaring April 12-19, 2008 as Spring Clean-up Week.

Presentation – 2008 Spring Clean-up Briefing – Public Information Officer Megan Scheidt briefed the city commission on spring clean-up. Each year the City of Leavenworth extends its services at the Municipal Service Center, Brush Site and Recycling Center for the week of Spring Clean Up. On Saturday, April 12, the City will kick-off Spring Clean Up with 1,114 volunteers from multiple community organizations coming together to clean up roadways, parks, public areas and elderly residences. The City was divided into 56 grids for clean-up. The City Commissioners were invited to attend the kick-off ceremony on Saturday, April 12th at 8:30 a.m. at Warren Middle School and join the volunteers for doughnuts, coffee and juice.

Consideration of Minutes – Commissioner Gasbarre moved to approve the minutes for March 25, 2008 regular meeting, as presented. Commissioner Weakley seconded the motion. The motion was unanimously approved.

Citizens Participation – Dennis Fackler representative for Leavenworth Main Street invited everyone to participate in the Historic Loft Tour on May 17, 2008 from 10:30 a.m. – 4 p.m.

Jerry Gerleman stated that his campaign for trash clean-up will continue for another year and he mentioned the code violations. He wanted to clean-up the town now and get everyone involved.

Nancy Bauder, Community Development Corporation of Leavenworth mentioned that they closed on their first property and was negotiating on additional property. That is how they used the $10,000 funded by the City. Ms. Bauder added that her salary was paid from a grant received from the State, not the City funds.

Louis Klemp mentioned the clean-up and training the residents not to “trash.” He complimented the Police Department for enforcing speeding on Cherokee. He was concerned about the renter’s ordinance and commented on the existing laws. Again he talked about fiscal issues and the need to reduce spending.

Interim Parks and Recreation Director Julie Anderson invited everyone to attend the 20th anniversary celebration of the Riverfront Community Center on April 12th from 9:00 a.m. to 5:00 p.m.

Dean Ayres stated that he was contacted by Walt Disney, Inc. to come up with an engine for one of the theme park rides - Mater.

Mayor’s Appointment - Commissioner Bower moved to appointment Darren Benson, Fort Leavenworth representative to the Airport Advisory Board with no term ending. Commissioner Gasbarre seconded the motion. The motion was unanimously approved.

Second Consideration Ordinance for Vacating Portion of East/West Alley, Block 22, Fackler’s Addition – Removed from agenda. Leavenworth City Commission Meeting, April 8, 2008 Page 1 Nominations for Mayor - April 8, 2008 to April 14, 2009 - Mayor Dedeke called for nominations for Mayor. Commissioner Gasbarre moved to nominate Commissioner Weakley as Mayor. Commissioner Baker seconded the motion. The motion was approved with Commissioner Weakley abstaining. Commissioner Weakley will serve as Mayor from April 8, 2008 through April 14, 2009. Mayor Weakley thanked her fellow commissioners.

Nominations for Mayor Pro-Tem - April 8, 2008 to April 14, 2009 – Mayor Weakley called for nominations for a Commissioner to serve as Mayor Pro-tem. Commissioner Gasbarre moved to nominate Commissioner Bower to serve as Mayor Pro-tem from April 8, 2008 through April 14, 2009. Commissioner Dedeke seconded the motion. The motion was not approved with Commissioners Gasbarre and Dedeke voting yes, Commissioner Baker and Mayor Weakley voting no, and Commissioner Bower abstaining from the vote.

Commissioner Bower moved to nominate Commissioner Baker to serve as Mayor Pro-tem from April 8, 2008 through April 14, 2009. Mayor Weakley seconded the motion. The motion was approved Commissioner Dedeke voting no and Commissioner Baker abstaining from the vote. Commissioner Baker will serve as Mayor Pro-tem from April 8, 2008 through April 14, 2009.

Nominations for Financial Claims Reviewer - April 8, 2008 to April 14, 2009 - Commissioner Bower nominated Commissioner Gasbarre to be the Financial Claims Reviewer. Commissioner Dedeke seconded the motion. The motion was approved with Commissioner Gasbarre abstaining from the vote.

Public Hearing for Unsafe Structures & Resolution – Planning and Community Development Director Jerry Gies and City Planner Roger Denton reviewed the seven (7) unsafe structures and the process for the demolition program. Mr. Denton summarized the homes that were without utilities, vacancies, and added that most had been sighted for nuisance or weed issues.

Commissioner Bower moved to open public hearing for unsafe structures. Commissioner Dedeke seconded the motion. The motion was unanimously approved.

Planner Denton highlighted the following information pertaining to each property:

217 Osage Street – Owner Edyth-Annette Smith, deceased; no heirs to contact. A one story brick home; exterior walls, doors, and trim need repair and paint. Windows and screens need repair and/or replacement. House is in total neglect. No water since March 30, 2006 and no progress or change. Structure posted unfit on August 23, 2007. Consensus to demolish.

930 Osage Street – Equity Trust Co., FBO, Dennis E. Hawley previous owner. One story wood-frame house, property has been in total neglect. Water service discontinued since 1982 and owner not willing to bring structure up to standard living condition. On May 26, 2006 structure was posted as unfit for habitation. CDCL has purchased the property and wants the structure down. Staff discussed not assessing the CDCL the demolition costs of approximately $3,500. City Commissioners discussed the demolition costs, use of block grant monies, and assessment of demolition costs. Nancy Bauder, CDCL representative, stated that the building needed to come down and she did not object. Consensus for voluntary demolition agreement with the CDCL.

836 Miami Street – No contact from owner Laura Linda Properties. One story wood-frame house in the flood zone, elevation upgrades would have to be done, dilapidated condition, vacant, City is cutting grass, and posted unfit for habitation on August 2, 2007. Consensus to demolish.

713 Oak Street – Charles Boeppler, owner. One story wood-frame house. The property has been substantially cleaned-up with new roof, windows, new doors, soffit and siding. Progress has been made – Commissioners discussed home improvements, interior upgrades, utility issues, upkeep, exterior maintenance, weed nuisance, 60 days to complete work outside versus interior, use of local contractors,

Leavenworth City Commission Meeting, April 8, 2008 Page 2 setting a timeline, and taxes due. Consensus to allow 60 days to complete work on exterior, pay the $317 taxes and demolish if not complete.

816 Shawnee Street – David L. & Sarah J. Conway owners, two story wood-frame house. House fire, boarded up, maintenance of the yard, and water service terminated. Mr. Conway stated that he has communicated with the insurance company and they were working on paying off the loan. He agreed that the property needed to be demolished. Consensus to demolish.

842 Miami Street – Mary Gertrude Jackson and Ruth Sylvia Baker, owners. Property is in a deplorable condition. Some portions of the exterior siding are deteriorated and missing. Exterior has rotten wood. Owners want to proceed with demolition. Consensus to demolish.

1712 S. 4th Street – ASIX LLC (Gary & Tonia Nelson) owners. One story wood-frame house. Property unsecure and appears to be vacant. In need of exterior property maintenance (exterior paint peeling, windows need repaired/replaced, dilapidated porch.) Structure posted unfit for habitation on September 26, 2007. No water service since July 26, 2006. No progress has been made on improvements. Owners want structure demolished. Consensus to demolish.

Commissioner Dedeke moved to close public hearing for unsafe structures. Commissioner Gasbarre seconded the motion. The motion was unanimously approved.

Resolution No. 1895 Demolition of Unsafe Structures – Commissioner Bower moved to approve Resolution No. 1895 concerning unsafe structures as discussed. Commissioner Gasbarre seconded the motion. The motion was unanimously approved.

Resolution Nos. 1896, 1897, 1898, 1899, and 1900 for 2008-A General Obligation Bonds and A2008 Temporary Note Issuance – City Clerk Logan reviewed the five resolutions relating to the City’s General Obligation Bonds, Series 2008-A and Temporary Notes, Series A2008.

Resolution No. B-1896 – Authorizes redemption of the City’s Temporary Notes Series A2007 issued on June 15, 2007. General Improvement Bonds for 2007 in the amount of $1,480,000.00. The 2007 General Improvement Projects included with this issuance were: Asphalt Overlay - $650,000.00, Wollmon Park - $341,123.00, City Hall Improvements - $60,000.00, Delaware Streetscape Phase I - $307,096.00 and South 10th Ave Park design - $120,000.00. Commissioner Gasbarre moved to approve Resolution No. B-1896, as presented. Commissioner Bower seconded the motion. The motion was unanimously approved.

Resolution No. B-1897 – Authorizing 2008 General Improvement Projects to issue and sell general obligation bonds in the amount equal to 16.86% of the amount of revenue produced for the tax year two years proceeding the year of the bond issue, the amount is $1,660,000.00. The 2008 General Improvement Projects are: Asphalt Overlay - $678,000.00; KLINK 4th Linn to Pennsylvania - $100,000.00; Bridge – 10th at 3- Mile Creek - $16,720.00; Bridge – 20th over 3-Mile Creek - $54,340.00; K92 Centennial Bridge - $100,000.00; Muncie Road West of 10th - $150,000.00 and Haymarket Square Improvements - $560,000.00. Commissioner Bower moved to approve Resolution No. B-1897, as presented. Commissioner Gasbarre seconded the motion. The motion was unanimously approved.

Resolution No. B-1898 – Authorizing Improvements to Main Street Trafficway Projects to include 20th Street Trafficway North of Pawnee Street and north of Old Metropolitan Avenue to the intersection of Santa Fe Trail Drive and Hancock Avenue at a cost of $2,205,000.00 and Limit Street from 14th Street West to 15th Street at a cost of $755,000.00. Commissioner Gasbarre moved to approve Resolution No. B-1898, as presented. Commissioner Dedeke seconded the motion. The motion was unanimously approved.

Resolution No. B-1899 – Authorizing repairs to Riverfront Community Center at an estimated cost of $250,000.00. Commissioner Bower asked about the insurance settlement. City Clerk Logan stated the settlement was for the wall and that the fireplace was not covered because restoration work had been started prior to accident. Travelers Insurance will subrogate with the driver’s insurance to help pay for the

Leavenworth City Commission Meeting, April 8, 2008 Page 3 repairs. Commissioner Dedeke moved to approve Resolution No. B-1899, as presented. Commissioner Bower seconded the motion. The motion was unanimously approved.

Resolution No. B-1900 – Authorizes and provides for the public sale of General Obligation Bonds, Series 2008-A and Temporary Notes, Series A2008. The bond and note sale will be held on Tuesday, May 13, 2008 at 11:00 a.m. The results will be presented to the City Commission the same evening. Commissioner Bower moved to approve Resolution No. B-1900, as presented. Commissioner Gasbarre seconded the motion. The motion was unanimously approved.

Contract 2008-12 Sole Source Design of 2008 Sidewalk Program – Director of Public Works McDonald recommended contracting with BHC Rhodes Engineers to design the 2008 sidewalk program at a fee that would not exceed $48,000. Mr. McDonald highlighted:  BHC Rhodes greater coordination with utility companies  2008 sidewalk projects o Maple Avenue – Limit to Thornton o Shrine Park Road – Eisenhower to Muncie o Newman Street – Alley to Olive o 15th Street – Limit to Vilas o Grand Avenue – Ohio to Kansas  Costs of project and funding Commissioner Gasbarre moved to approve a contract with BHC Rhodes Engineers in an amount not to exceed $48,000. Commissioner Bower seconded the motion. The motion was unanimously approved.

Change Order No. 3 & Final Construction Payment – Wastewater Treatment Plant Project – Public Works Director McDonald reviewed the Wastewater Treatment Plant Phase Two Project, the completion, change orders, and the need for $4,602 for Change Order Number 3 for final payment to Grimm Construction for a total cost of $3,188,152. Plans are being made for an open house.

Commissioner Bower discussed odor problems and contacting the staff immediately.

Commissioner Gasbarre moved to approve Change Order Number 3 for $4,602 and final payment to Grimm Construction for a total cost of $3,188,152. Commissioner Dedeke seconded the motion. The motion was unanimously approved.

Sanitary Sewer Issues & Acceptance of Public Improvements – Leavenworth Business Center – Deputy Public Works Director Patzwald reviewed the sanitary sewer issues related to the Leavenworth Business Center. He stated a new building was to be constructed on Lot 8A at the business park. He highlighted the following: past practice of not charging sewer connection fees in the business center; interlocal agreement approved on December 12, 1989; formally act on “no sewer fees” and accept all public improvements as an incentive to attract new business.

Commissioner Bower moved to waive all sanitary sewer connection fees for the Leavenworth Business Center subdivision and accept all sanitary sewer improvements constructed to date. Commissioner Gasbarre seconded the motion. The motion was unanimously approved.

Bids for 2008 Hot Mix Asphalt - Superintendent Ed Davis reviewed the 2008 Hot Mix Asphalt Bid. He recommended purchasing 675 tons of hot mix asphalt from the lowest bidder, O’Donnell & Sons Construction Co., Inc. until May 1, 2008 when a new local company, Leavenworth Asphalt Material, LLC begins operations in Leavenworth, Kansas. By using a local company, the Street Department will decrease fuel costs and travel time while increasing productivity. O’Donnell & Sons Construction Co., Inc. price quote is $39.25 per ton; and Leavenworth Asphalt Material, LLC at a cost of $39.45 per ton. The 2008 Street Division budget has sufficient funding for the commodity in an amount of $30,000.

Commissioner Bower moved to award the asphalt bid to O’Donnell & Sons Construction Co. with the low bid of $39.25 until May 1, 2008; and award Leavenworth Asphalt Material, LLC with a bid of $39.45 effective

Leavenworth City Commission Meeting, April 8, 2008 Page 4 May 1, 2008 not to exceed a total cost of $30,000. Commissioner Dedeke seconded the motion. The motion was unanimously approved.

Contract No. 2008-13 Bids for Mowing – City Planner Roger Denton reviewed the bids for the 2008 Mowing Season. Four (4) bids were received as follows:  Grass Gator .00377 per square foot  Haverkamp Lawn .00425 per square foot  Ground FX .00425 per square foot  Affordable Lawn .0065 per square foot

The low bid from Grass Gator meets the requirements of the bid process. He stated that we have the option to renew the bid in future years. Staff recommends awarding the bid to Grass Gator.

Commissioner Dedeke moved to authorize the low bid for the 2008 mowing season to Grass Gator, as presented. Commissioner Gasbarre seconded the motion. The motion was unanimously approved.

Economic Development Assistance – Cereal Ingredients – Assistant City Manager Stewart reviewed the $35,945 financial assistance to Cereal Ingredients, Inc. for an expansion of the operations at the Gary Carlson Industrial Park.

Louis Klemp commented about responsibility of taxpayer’s money and economic development. He felt nothing should be done and asked how this fits in with economic development. Commissioner Bower explained about the plant expansion and the new jobs in addition to the neighbors’ concern with noise. Commissioner Gasbarre commented about recognizing existing businesses, supporting them, and other ways of addressing economic issues. Commissioner Dedeke commented about attraction of new business and what we would spend and he felt that this was a good economic incentive. Commissioner Baker thanked Commissioner Bower for his work with Cereal Ingredients.

Commissioner Bower moved to authorize $35,945 financial assistance to Cereal Ingredients, Inc., as presented. Commissioner Baker seconded the motion. The motion was unanimously approved.

Massage Establishment License – 720 S. 5th Street – City Clerk Logan presented a massage therapy license request from Sue Drake at 720 S. 5th St. She stated that the Police Chief had completed his investigation of the applicant; the Health Department has given its approval, as well as the Zoning Department. Commissioner Gasbarre moved to approve the issuance of the Massage Establishment License as presented. Commissioner Baker seconded the motion and was unanimously approved.

Consent Agenda - Claims from March 22, 2008 through April 4, 2008 in the amount of $689,054.38, Net Payroll #7-2008 in the amount of $307,389.51 which includes Fire and Police Pension net of $13,160.68 ($1,871.75 Police and $11,288.93 Fire.) Commissioner Baker moved to approve the consent agenda, as presented. Commissioner Bower seconded the motion and was unanimously approved.

Commissioner Bower requested maps of existing trails within the community and also mentioned that the fountain was missing from Union Park. He then thanked the Lion’s Club for the trash bag distribution.

Commissioner Baker thanked all her fellow Commissioners for all their help and assistance during the past year. She especially thanked Commissioner Dedeke for his guidance and support during his term as Mayor.

City Manager Miller referenced the HB2978 annexation bill with the new proposals requiring county commissioners to review and approve the service extension plan and final approval. He asked the Commissioners to oppose this bill and all agreed. HB 2543 assessment bill would change the method of assessing property taxes for new homes and he asked that the law be left alone. Commissioners all agreed to oppose this bill.

Commissioner Gasbarre moved to adjourn the meeting. Commissioner Bower seconded the motion. The motion was unanimously approved. Leavenworth City Commission Meeting, April 8, 2008 Page 5 Meeting Adjourned: 9:05 p.m. Minutes taken by: Karen J. Logan, CMC, City Clerk

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