Leavenworth City Commission s4

CITY OF LEAVENWORTH CITY COMMISSION REGULAR MEETING 100 N. 5th Street COMMISSION CHAMBERS Leavenworth, Kansas 66048 TUESDAY, JULY 9, 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: Commissioner Davis T. Moulden

Others present: City Manager J. Scott Miller, Assistant City Manager Paul Kramer, Finance Director Dan Williamson, Public Works Director Mike McDonald, Deputy Public Works Director Bob Patzwald, City Planner Ralph Moore, Assistant Fire Chief Mike Lingenfelser, Parks and Recreation Director Julia Anderson, Human Resource Director Lona Lanter, 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. Blaine Untrider with Boy Scout Troop No. 66 lead the pledge of allegiance.

New Employee Welcome Ceremony – Mayor Gasbarre welcomed the following new city employees: Police Officer Trevor Harrison; Police Officer Matthew Stawarz; Firefighter Jeremy Ruegsegger; Storm Water Equipment Operator Lisa Griffiths; Recreation Program Supervisor-Aquatics Nancy Baker; Telecommunications Specialist Kelly Fricke; Telecommunications Specialist Robert Haney; City Planner Ralph Moore; Firefighter Matt Berner and Solid Waste Collector Christopher Clayton.

Consideration of Minutes – Commissioner Dedeke moved to approve the June 25, 2013 regular meeting minutes, as presented. Commissioner Preisinger seconded the motion and was unanimously approved.

Second Consideration Ordinance:

Ordinance No. 7922 Special Use Permit for Childcare Center 1314 Dakota – City Manager Miller stated there were no changes to Ms. JoAnn May’s application for a Special Use Permit (SUP) to operate a Day Care Center/Preschool use at the address of 1314 Dakota Street. The ordinance was placed on first consideration on June 25, 2013.

Commissioner Preisinger stated that this SUP did have numerous comments from the public. He then discussed the husband’s work truck and asked if it could be parked in a different location during the day.

City Manager Miller stated that if the truck was parked in the driveway it would block the fire hydrant. He stated there were no violations with parking the truck on the street. Mr. Miller commented that the fire hydrant was located part way up the driveway which was unusual.

Commissioner Preisinger discussed the neighborhood concerns and he hoped there would be no retribution.

Commissioner Weakley stated that there were people who spoke in favor of the daycare but others had concerns with the daycare center. She encouraged the neighbors to keep abreast of any issues.

Mayor Gasbarre called for the roll call vote and Ordinance No. 7922 was unanimously approved.

Ordinance No. 7923 Amendments to 2011 Development Regulations – City Planner Moore stated the Development Review Committee (DRC) reviewed the proposed amendments on April 18, 2013 and offered no objection. On June 3, 2013, the Planning Commission met and reviewed the proposed amendments to the development ordinance. The ordinance was placed on first consideration on June 25, 2013.

Mayor Gasbarre called for the roll call vote and Ordinance No. 7923 was unanimously approved.

Leavenworth City Commission Meeting July 9, 2013 Page 1 Citizen Participation – Recreation Program Supervisor-Aquatics Nancy Baker invited everyone to attend a new free dance event in recognition of National Dance Day on July 27, 2013 at 10th Avenue Park starting at 7:30 p.m.

Ray Hildebrant, owner of 791 Shawnee Street, discussed a nuisance letter he received to mow his grass and stated that had been completed. He then added there was property behind him owned by the city with brush and limbs over grown. He asked that the city clean the property and spray for chiggers. His fence has been damaged from falling limbs to include other items. Commissioner Dedeke can vouch for everything Mr. Hildebrandt stated.

Louis Klemp discussed the following:  Streets are doing better – need to clean the streets daily and kill the weeds  Keep the trees cut and trimmed  Discussed various other issues

Presentation of Proposed 2014 Budget – City Manager Miller and Finance Director Williamson, gave a brief power point presentation of the proposed budget for fiscal year 2014 (January 1, 2014 to December 31, 2014). Mr. Miller highlighted:  Budget is very lean and bare bones  Discussed with every department director to make cuts in their budgets  History about the budget – assessed valuation decline 2.70% from 2009 to 2013 o Do not see growth in interest income or building permits o Revenue grew by on 1.3% per year since 2009 o Reduced fund balances through deficit spending o General Fund deficits of $741,410 in 2010 and $802,030 in 2011 o Reduced expenses by $1,565,000 through 2013 o Stabilized General Fund in 2012 with only $93,175 deficit and $1,607,190 fund balance  2014 tax funds revenue o Franchise fee electric +175,000 o Sales taxes +150,000 o Compensating use taxes +50,000 o Motor vehicle taxes -50,000 o Franchise fees gas -75,000 o Court fees and fines -200,000  2014 tax funds resources o Total revenue increase $45,250 o Fund balance prior year increases $131,095 o Total increase in resources $176,345  Tax funds expenses o KPERS & KP&F +226,850 o Salaries and wages +98,895 o Health insurance +71,650 o Electricity +60,725 o Debt service +47,805 o Insurance premiums -34,140  Tax funds outlays increase $476,500  2014 Budget Options o Raise the mill levy o Reduce spending o Spending reductions would significantly impair delivery of essential services o 1.730 mill levy increase is recommended  Mill levy impact - staff proposing increase of 1.730 mill levy

Leavenworth City Commission Meeting July 9, 2013 Page 2 o Tax increase of $2.49 per month on an appraised home of $150,000

Mayor Gasbarre and Commissioners discussed:  Mill levy rates compared to other City’s throughout the State of Kansas  People making decisions based on the property taxes in the area  People not making decisions based on the sales tax  Property tax could be reduced by 35% if the sales tax was changed by the voters  Study the budget and make some hard decisions

Budget work sessions starting on Wednesday July 10th through Friday July 12th.

Louis Klemp:  Discussed the budget comparisons from 2012 to 2013  Parks and Recreation has 73 employees and Public Works has 57 employees  Why do we mow property located off 20th Street and other areas  Gate fees for recreation programs and why we keep giving the scholarships to kids  Eagles Park at a cost of $970,000 very costly and should only be built when the time was right  Wollman Park and participation  Homeowners have also lost money on their investments  In his storage box business they have not increased rates for five years  9-11 fees and that there was no $0.75 cent charge for cell phones  Take care of what we have – quit adding to the list  Study the budget in detail

Mayor Gasbarre invited everyone to attend the budget work sessions.

First Consideration Ordinance: Increasing 2014 Ad Valorem Taxes – Finance Director Williamson stated K.S.A. 79-2925b requires cities to pass an ordinance when the ad valorem tax requirement for funding a budget exceeds the ad valorem taxes expended in the prior year's budget. Preliminary indications suggest that the ad valorem tax requirement of the 2014 budget may exceed the 2013 budget's expended taxes. The ordinance must be approved and published prior to adoption of the 2014 budget.

Mayor Gasbarre and Commissioners discussed whether to consider the ordinance tonight or delay the first consideration ordinance until after the budget work sessions to see if it was really necessary to adopt.

Consensus to place an ordinance on first consideration.

Contract No. 2013-33 Bids for 2013 Sanitary Sewer I and I Project – Public Works Director Mike McDonald recommended to approve the low bid submitted by Linaweaver Construction for the 2013 Sanitary Sewer I and I Project Base Bid plus Alternates 1 and 2 in the amount not to exceed $296,760.00. This 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).

Bids received: Base Bid Alternate 1 Alternate 2 Linaweaver Construction, Lansing, KS 220,720.00 32,800.00 43,240.00 (low bid) KC Construction, Basehor, KS 293,203.00 32,130.00 48,000.00 Engineer’s Estimate 300,904.00

Leavenworth City Commission Meeting July 9, 2013 Page 3 Commissioner Dedeke moved to approve the low bid submitted by Linaweaver Construction for the 2013 Sanitary Sewer I and I Project Base Bid plus Alternates 1 and 2 in the amount not to exceed $296,760.00. Commissioner Preisinger seconded the motion and was unanimously approved.

Contract No. 2013-34 Bids for KLINK Resurfacing FY2013 – Public Works Director Mike McDonald recommended to approve the low bid submitted by SeaI-O-Matic for the 2013 KLINK Resurfacing Project, in the amount of $186,277.74. KDOT participates in this project at the 50 percent ratio. Bids received: Seal-O-Matic 186,277.74 (low bid) JM Fahey 202,999.55 Little Joe’s Asphalt 208,384.26 McAnany Construction 210,319.45 Engineer’s Estimate 280,961.00

Commissioner Weakley moved to approve the low bid submitted by SeaI-O-Matic for the 2013 KLINK Resurfacing Project in an amount not to exceed $186,277.74. Commissioner Preisinger seconded the motion and was unanimously approved.

Contract No. 2013-35 Bids for KLINK ADA Ramps – Public Works Director Mike McDonald recommended to approve the low base bid and alternate submitted by Kansas Heavy Construction for the 2013 KLINK ADA Ramp Improvements Project, in the amount not to exceed $249,980.75. Project includes ramps and portions of sidewalks on the north side of Spruce Street and new sidewalks on 10th Avenue. This project is not cost shared with KDOT.

Bids received: Base Bid Alternate Kansas Heavy Construction 149,741.25 100,239.50 (low bid) J. Kaaz Construction/Lexeco 144,057.00 106,464.00 DSM Contracting 155,292.00 97,315.00 Engineer’s Estimate 232,647.00 105,650.00

Mayor and Commissioners discussed the bid submitted by a local vendor that was within $540.25 of the low bid and if there was any way to award the bid to the local vendor. Staff discussed the local one percent option for commodities and equipment which does not apply to public improvements. Based on the advice of City Attorney Dawson he recommended accepting the low bid as presented.

Commissioner Dedeke moved to approve the base bid and alternate submitted by Kansas Heavy Construction for the 2013 KLINK ADA Ramp Improvements Project, in the amount not to exceed $249,980.75. Commissioner Preisinger seconded the motion and was unanimously approved.

Contract No. 2013-36 Design of Ottawa Street Reconstruction and Contract No. 2013-37 Design of Cherokee Street Bridge Replacement – Public Works Director Mike McDonald recommended to approve two contracts with Wilson & Company Corporation for design of Ottawa Street Reconstruction from 13th Terrace to 17th Street not to exceed $85,135 and Cherokee Street Bridge Replacement in an amount not to exceed $84,700.

Staff interviewed several firms in March and April of 2013 for design of these two projects. The goal of combining the design of the projects was to seek cost effectiveness through economies of scale and the closeness of the two projects to each other. Wilson & Company was the most qualified to perform the design work due in large part to the previous experience on similar projects, and availability of their inspection team if needed during construction.

Ottawa Street will be improved with curbs, gutters, sidewalks (both sides) and storm drainage between 13th Terrace and 17th Street.

Leavenworth City Commission Meeting July 9, 2013 Page 4 The brick arch drainage structure under Cherokee Street west of 11th Street is undersized and continues to deteriorate. The need for this project was identified in the last two Bridge Inspection reports. The cost estimates were developed as part of the report. This project will design a replacement structure to improve flow capacity and minimize channel erosion. The contract requires study of the flow capacity of the creek up and downstream, and assumes minimal variations on design details will be considered.

Commissioner Weakley moved to approve two contracts with Wilson & Company Corporation for design of Ottawa Street Reconstruction from 13th Terrace to 17th Street not to exceed $85,135 and Cherokee Street Bridge Replacement in an amount not to exceed $84,700. Commissioner Preisinger seconded the motion and was unanimously approved.

Update of Resolution B-2054 Repair or Demolition of Dangerous Structures – City Planner Ralph Moore reviewed Resolution B-2054 which required the following structures to be repaired or demolished before July 1, 2013.

1. Recommended to continue with demolition - A 1-story wood garage only located at 215 S. 12th Street legally described as Central Subdivision, Block 29, Lots 7, 8 and 9 CAMA. NO. 052-077-35-0-20-08-009.00-0

2. Remove from demolition - A 1-story wood framed house and metal shed located at 2001 Montezuma Avenue legally described as Fenns Broadway Sub, S02, T09,R22E, Block 2, Lot 19-20 CAMA. NO. 052-101-02-0-10-19- 009.00-0

3. Remove from demolition - A 1-story wood frame house located at 201 Cheyenne Street legally described as Leavenworth City Proper, Block 33, Lots 30, 31, and 32, Leavenworth, Plat of Orig Town CAMA. NO. 052-077-25-0- 20-08-001.00-0

4. Recommended to continue with demolition - A 2-story wood frame house and a detached garage located at 311 Pottawatomie Street legally described as Leavenworth City Proper, City of Leavenworth, Block 40, Lot 27 and 28 CAMA. NO. 052-077-25-0-32-12-004.00-0

Linda Bollin, realtor, is negotiating with buyers to purchase the property and requested that the property be removed from the demolition list.

City Manager Miller stated that it will take four weeks to bid for the demolition. Commissioner Preisinger suggested to consider the demolition bids in four weeks and then consider the demolition of 311 Pottawatomie Street at that time.

5. Remove from demolition - A 1-story wood frame house located at 717 Cheyenne Street legally described as Day & Macaulay’s Sub, Block 103, Lot 38 CAMA. NO. 052-077-26-0-14-04-005.00-0

6. Remove from demolition - A 1-story wood frame house and a detached garage located at 718 Dakota Street legally described as Day & Macaulay’s Sub, Block 102, Lot 9 CAMA. NO. 052-077-26-0-14-09-016.00-0

Commissioner Preisinger moved to accept staff recommendations concerning Resolution B-2054 as presented. Commissioner Dedeke seconded the motion and was unanimously approved.

Consent Agenda: Claims for June 22, 2013 through July 5, 2013 in the amount of $664,889.18; Net payroll #13 dated June 28, 2013 in the amount of $325,141.20 (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:

Leavenworth City Commission Meeting July 9, 2013 Page 5 Commissioner Preisinger discussed 4th and Metropolitan and the fact that there is no hotel development activity. He would like to discuss the development due to lack of activity, he felt that the city is being taken advantage of – we are losing on this development. Mr. Preisinger asked for Mr. Ferguson to attend a Study Session in the near future.

Commissioner Weakley received a citizen’s complaint concerning weeds on old Metropolitan and asked if it could get taken care of. She invited everyone to attend the Flint Hills Quartet fund raiser on July 28th for the Heritage Center.

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

Time Meeting Adjourned 8:38 p.m. Minutes taken by City Clerk Karen J. Logan, MMC

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