CITY OF LEAVENWORTH CITY COMMISSION REGULAR MEETING 100 N. 5th Street, COMMISSION CHAMBERS Leavenworth, Kansas 66048 TUESDAY, FEBRUARY 26, 2008, 7:00 P.M.

CALL TO ORDER - The Governing Body met in regular session on Tuesday, February 26, 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, City Attorney Bob Beall, Community Development Director Jerry Gies, Planning Director Roger Denton, Interim Police Chief Pat Kitchens, Interim Parks & Recreation Director Julie Anderson, Public Information Officer Megan Scheidt, City Attorney Bob Beall, and City Clerk Karen J. Logan.

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

PRESENTATION – Review Status of Three Mile Creek Pedestrian Trail Project – Public Works Director McDonald explained the trail project and stated that it created a 10’ wide pathway. The project plans were complete and KDOT was reviewing. Staff is in the process of acquiring easements from adjoining property owners. The project starts at Haymarket Square and ends at Landing Park off Esplanade. Bids and construction will start in May or June and will be completed in 2008.

CONSIDERATION OF MINUTES – Commissioner Gasbarre moved to approve the minutes for February 12, 2008 regular meeting, as presented. Commissioner Weakley seconded the motion. The motion was unanimously approved.

CITIZENS PARTICIPATION – Louis Klemp commented about the last city commission meeting, the communications he received from the public, and the lack of respect of certain Commissioners. He asked that the subject matter not come up again. Commissioner Weakley stated that she had asked to discuss the information concerning Mr. Klemp in executive session and it was not her choice to handle it in that manner.

Jerry Gerleman referenced the trash problems and the upcoming “Trash Bash.”

Aubrey Gasbarre reminded everyone about the Leavenworth Idle event and explained the program.

GENERAL ITEMS Request for Funding – The Heritage Center – City Manager Miller reviewed The Heritage Center request for $3,000 to sponsor the Star Spangled Spectacular. Mr. Miller stated that the Convention and Visitors Bureau (CVB) did not have any funds to support this event.

Mayor Dedeke and Commissioners discussed: use of transient guest tax funds, contacting the CVB again, signage, and in-kind donations using city staff. Scotty Brezgiel understood the Commissioners’ position and she referenced times that the Heritage Center opened their center for City uses. Ms. Brezgiel stated that this was an unprecedented event for the City. She commented that Dr. Robert Foster who will be portraying John Philip Sousa was a nationally acclaimed band conductor from the University of Kansas.

Commissioner Bower moved to deny the request for $3,000 from the Heritage Center. Commissioner Baker seconded the motion. The motion was unanimously approved.

Request for Bicycle Race – City Manager Miller reviewed the request for the 2008 Annual Bike Race proposed to be held on Saturday, September 27, 2008 from 12:45 p.m. until 7 p.m. Mr. Miller stated that due to scheduled time for the event, staff recommended disapproving this request.

Leavenworth City Commission Meeting, February 26, 2008 Page 1 Brendan Sheehan with the Santa Fe Bike Shop stated that he had moved the time from the original request to start at 2:00 p.m. He stated that this was an annual bike race showcasing Leavenworth. He then distributed a packet of information outlining the bike race. Mr. Sheehan highlighted:  Support from businesses for the event  Missouri held a similar event  City of Lawrence’s event  Attraction from visitors to downtown Police Chief Kitchens commented about the following:  Current request was for Saturday vs. Sunday  Time of the event o He was not aware of the modified schedule  Bike race route – closed to traffic Mayor and City Commissioners reviewed the following:  Discussed the time change – 2:00 p.m.  Supported the bicycle race  Businesses and restaurants supporting the event  Streetscape issues  Street closures and access to Delaware Street Commissioner Weakley moved to approve the request for the 2008 Annual Bike Race to be held on September 27, 2008, as presented by Mr. Sheehan. Commissioner Gasbarre seconded the motion. The motion was unanimously approved.

ORDINANCES (Ordinances on first consideration): Ordinance for Special Use Permit Child Care Center – 1207 Kickapoo Street – Planning Director Denton stated that the Planning Commission recommended approval for the childcare center for Brian and Shanna Guenther, owners and Lori Roach, applicant. Commissioner Weakley discussed the daycare site with Ms. Roach and referenced the requirement to live in the property. Consensus to place ordinance on first consideration.

Ordinance to Rezone NW Corner of Eisenhower Road and 10th Avenue from GBD & R1-25 to PUD for Wal-Mart Supercenter – Mayor Dedeke stated that this was not a public hearing, wanted those in attendance to listen to the presentation, and he asked to hold the public comments to three minutes. City Planner Denton reviewed the application process for the PUD for Wal-mart Supercenter and referenced the public hearing on February 4, 2008 held by the Planning Commission.

He highlighted specifics concerning the PUD for Wal-mart:  Rezoning the land from GBD & R1-25 to PUD  Statutory rezoning considerations  Location – corner of 10th Avenue and Eisenhower Road  Notice to property owners  Planning Commission approved the rezoning request  Commissioner Weakley asked that the City Commission be able to review the preliminary plat

Mr. Mark Ryan representing Wal-mart reviewed the following:  PUD request  Benefits to the community  Staff willingness to work with Wal-mart  Asked for favorable support of the rezoning request

Richard Tjaden of 928 Park Avenue commented about zoning regulations and the loss of businesses in the community. He asked that the City find property for Wal-mart on 4th Street and not in the residential area. Mr. Tjaden stated that traffic on 10th Avenue on Saturday towards the south end was around 427vehicles, which did not include the amount of cars traveling from the subdivisions. He commented about the grocery stores, medical and eye clinic that Wal-mart was proposing and felt that the City had ample in place. He also commented about the school and park being used by children. Mr. Tjaden mentioned the sales tax and property tax concerning Wal-mart. Mr. Tjaden did not support the rezoning. Leavenworth City Commission Meeting, February 26, 2008 Page 2 Margaret Dixon stated that she lived south of Eisenhower Road and was not a resident of Leavenworth. Ms. Dixon mentioned the traffic study and that the agency was affiliated with Wal-mart. She felt like the City was not bringing in any more customers. Ms. Dixon commented about Wal-mart going to Lansing, being good neighbors, shoppers, the location, and tax deferment. She felt that wherever Wal-mart goes, property values go down. Ms. Dixon wanted to make the City more attractive for higher income individuals. She felt that residents should have a strong say about the screening and landscaping issues. Ms. Dixon was concerned with the vacant buildings that Wal-mart vacates and finally referred to her website concerning Wal-mart.

Rich Keller spoke on behalf of the Wellington Homeowners Association and highlighted: previous Wal-mart locations in our community and asked the Commissioners to review; requested an independent analysis of traffic; green zone of trees and noise issues to residents; and wanted a cost benefit analysis done. Mayor Dedeke stated that a study has been authorized.

Public Works Director McDonald stated that KDOT had determined that the area warranted a traffic signal and that Wal-mart did a more in-depth study. He added that BWR did a reality check and which matched Wal-mart’s study. Staff was working with BWR to implement the traffic signal design and construction.

Mike Gould 10th Avenue and Randolph asked that Wal-mart be limited to the amount of allowable storage containers on the outside of the building.

Shawn Goecke, lot 20 Lakeside Subdivision, stated that he was closest to Wal-mart and that the traffic study showed only 16 to 20 vehicles per hour and he did not believe that study. He asked that no truck traffic be allowed on 10th Avenue and to only allow them to come in off Eisenhower Road. Mr. Goecke also mentioned the berm and landscaping for the Wal-mart.

Lloyd Banks referenced the water run-off, the holding area and zoning regulations.

Terry Haynes, representative for Wal-mart, stated he had met with residents to discuss: drainage analysis study, detention area, downstream conditions, final drainage issues, line of sight review, shielding the lights, increase of the trees and transplanting. Mr. Haynes stated that they were prepared to submit final plans by next week and mentioned the buffer zones, traffic issues, and truck restriction problems. He commented that the traffic engineering consultants were independently owned.

Mr. Bryant, representative for Wal-mart stated that there had been no request for TIFF or tax abatements. He asked the Commissioners for favorable consideration.

Commissioner Bower asked about the “Going Green” concept. Bill Boyden, Architect, explained how Wal- marts were built and the material they used. He also mentioned the trees to be transplanted; 300 skylights in building; recycling cooking and lube oils; lights in refrigerated cases; low cost of lighting in the retail store; motion sensors; and the flooring. He stated that Wal-mart was a trucking company and referenced their fuel savings efforts.

Commissioner Gasbarre asked about the backfill of the old buildings. Angie Stoner, Public Affairs, commented about the properties and competitors who have filled the buildings. She also explained how Wal-mart promotes the properties available to other businesses.

Consensus to place ordinance on first consideration.

Ordinance to Create a Sidewalk Advisory Board – Consensus to place ordinance on first consideration.

Ordinance for KDHE Revolving Grant/Loan Application – Community Development Director Gies reviewed the KDHE revolving loan fund grant for environmental cleanup of Tire Town. The application was for $100,000 of which $60,000 was granted and $40,000 was to be loaned. Consensus to place ordinance on first consideration.

Leavenworth City Commission Meeting, February 26, 2008 Page 3 Resolution No. B-1889 – Setting the Hearing for Unsafe Structures – Community Development Director Gies reviewed the resolution setting April 8, 2008 for the seven unsafe or dangerous structures:  217 Osage Street, Edythe Smith  930 Osage Street, Equity Trust Company  836 Miami Street, Laura Linda Properties  713 Oak Street, Charles Boeppler  816 Shawnee Street, David and Sarah Conway  842 Miami Street, Gertrude Jackson et. al.  1712 S. 4th Street, ASIX LLC Commissioner Gasbarre moved to approve Resolution No. B-1889, as presented. Commissioner Bower seconded the motion. The motion was unanimously approved.

Bids and Contracts: Contract 2008-07 (Housing Authority) Consider Bids – Planters II Roof Replacement – Community Development Director Gies reviewed the bids received for the replacement of the roof for Planters II: Delta Innovative Services, Inc. $215,544; Cornell Roofing and Sheet Metal Company $256,464; and American Roofing, Inc. $337,307. Additional work to be performed was to temporarily relocate three cellular equipment and antennas on the roof. Staff has negotiated with ALT, Inc. for a price not to exceed $28,965 to temporarily relocate these antennas.

Mayor Dedeke asked that on all future leases for the antennas that they require the companies owning the antennas to stand the cost for removing the antennas for roof replacement.

Commissioner Weakley moved to award the bid for replacement of the roof for Planters II to Delta Innovative Services, Inc. for an amount not to exceed $215,544; and authorize an amount not to exceed $28,965 to ALT, Inc., as presented. Commissioner Gasbarre seconded the motion. The motion was unanimously approved.

Bids – Police Vehicles – Interim Police Chief Kitchens reviewed the bids for three replacement police vehicles. Bids for two patrol vehicles were: Shawnee Mission Ford $48,979, Olathe Ford $49,268; and Danny Zeck Ford $49,547. In addition two bids were received for the DARE car: Danny Zeck Ford $19,804 and Shawnee Mission Ford $19,861.

Mayor Dedeke and Commissioners discussed:  Use of DARE car  1% local bid policy  Purchasing policy  Giving the bid to the local dealer, Danny Zeck Ford o Matching the low bid

City Manager Miller asked to review the Purchasing Policy at a future study session.

Police Chief Kitchens stated that he contacted Danny Zeck Ford about matching the low bid and they agreed. Mayor Dedeke and Commissioners continued to discuss staying with the local vendor. Mayor Dedeke stated that he was inclined to grant to the low bidder and then study the purchasing policy.

Commissioner Weakley moved to approve the purchase of two police vehicles in an amount of $48,979 with Danny Zeck Ford matching low bid; and to authorize the purchase of a DARE car in the amount of $19,804 with Danny Zeck Ford. Commissioner Baker seconded the motion. The motion was unanimously approved.

Bids – Plastic Bags – Commissioner Bower moved to accept low bid in an amount not to exceed $80,800 with Dyna-Pak Corporation for 20,000 rolls of bags. Commissioner Gasbarre seconded the motion. The motion was unanimously approved.

Leavenworth City Commission Meeting, February 26, 2008 Page 4 Bids for Mower – Parks & Recreation – Commissioner Weakley moved to accept the low bid of $13,800 from Kan Equipment, Inc. to purchase a Ferris IS 5100Z mower. Commissioner Bower seconded the motion. The motion was unanimously approved.

Sole Source Contract – Repairs at Riverfront Community Center – Parks and Recreation Director Anderson highlighted the repairs at the Riverfront Community Center and reviewed the following:  Sole source contract for repairs to the western wall of Riverfront Community Center  Women’s Waiting Room fire place removal  February 18, 2008 damages to the west wall leaving a 13’x20’ hole in the building o Stabilizing the roof o Securing the building – Kaaz Construction  Proposed sole source contractors: o 360 Architects – design and historical coordination o CEO Structure – structural design of repairs o Mid-Continental Restoration – repair and replacement of damage masonry o Kaaz Construction – repairs not performed by Mid-Continental Restoration (roofing, skylights, interior office space)  Negotiate contracts

Ms. Anderson then thanked Kaaz Construction for their immediate response to help assist with the repairs and stabilize the roof.

Commissioner Weakley moved to approve the negotiations of sole source contracts related to the repairs to the western wall of the Riverfront Community Center. Commissioner Gasbarre seconded the motion. The motion was unanimously approved.

OTHER ITEMS Suspension of Taxi-Cab Permit – Interim Police Chief Kitchens recommended an indefinite suspension of Christopher Lough’s taxi cab license based on the February 16, 2008 accident at the Riverfront Community Center. Mr. Lough was cited for various violations.

Commissioner Gasbarre moved to approve the indefinite suspension of the taxi cab license of Christopher Lough. Commissioner Bower seconded the motion. The motion was unanimously approved.

Space Allocation – Justice Center – Interim Police Chief Kitchens recommended vacating 125 square feet of space in the Justice Center. He stated that the Justice Center Building Committee met on February 6th and reached an acceptable agreement. Interim Police Chief Kitchens highlighted the following:  Outlined the space allocations  Leavenworth County agreeable to proposal based upon the City’s approval  Leavenworth County will pay for the construction costs associated with the project o Jail kitchen area o Inmate work release area o New dead file storage to accommodate the District Court

Commissioner Gasbarre moved to vacate 125 square feet (Room#1121) at the Justice Center for the jail kitchen and inmate work release areas; and to vacate a 19’ x 24’ area of the employee break room for the dead file storage area. Commissioner Bower seconded the motion. The motion was unanimously approved.

Acceptance of Public Improvements – Pine Meadow Place Subdivision – Public Works Director McDonald stated that the Pine Meadow Place Subdivision was completed in November 2007. Commissioner Bower moved to accept the public improvements related to the Pine Meadow Place Subdivision. Commissioner Weakley seconded the motion. The motion was unanimously approved.

Leavenworth City Commission Meeting, February 26, 2008 Page 5 Mayor’s Appointments - Commissioner Weakley moved to approve the Community Development Advisory Board appointment of John Carroll to a term ending August 31, 2009. Commissioner Bower seconded the motion. The motion was unanimously approved.

CONSENT AGENDA Claims from 2-9-08 to 2-22-08 in the amount of $899,590.68, Net Payroll #4-2008 in the amount of $311,508.39 which includes $13,160.68 for Fire and Police Pension. Commissioner Baker moved to approve the consent agenda, as presented. Commissioner Weakley seconded the motion and was unanimously approved.

Commissioner Gasbarre asked about the Limit Street project. Public Works Director McDonald stated that plans are in place and the project will be built this year. Ms. Gasbarre then promoted the Leavenworth High basketball teams.

City Manager Miller reviewed HB 1602 – freezing tax assessments for those 62 or older; HB 2747 – annexation requiring a vote of the people affected by the area; and HB 2724 – licensing fees for rental properties. All agreed to oppose these bills.

Mayor Dedeke adjourned the meeting.

Meeting Adjourned: 9:42 p.m. Minutes taken by: Karen J. Logan, CMC, City Clerk

Leavenworth City Commission Meeting, February 26, 2008 Page 6