CITY OF LEAVENWORTH CITY COMMISSION REGULAR MEETING 100 N. 5th Street, COMMISSION CHAMBERS Leavenworth, Kansas 66048 TUESDAY, MAY 14, 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: Davis T. Moulden

Others present: City Manager J. Scott Miller, Assistant City Manager Paul Kramer, Police Chief Pat Kitchens, Public Works Director Mike McDonald, Riverfront Community Center Director Julia Anderson, Deputy City Clerk Carla Williamson, 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.

Proclamations - Mayor Gasbarre presented the following proclamations:  Leavenworth Historic Preservation Month May 2012 – presented to Preservation Alliance of Leavenworth, Leavenworth Preservation Commission and Leavenworth Main Street. They thanked the City for this recognition.  Leavenworth Bike Month May 2013 presented to Roger and Mr. Bill Cole, President of the Leavenworth Bicycle Club thanked the City and other entities for all their support.  National Kids to Park Day May 18, 2013 presented to Parks & Recreation Director Julia Anderson encouraged families to participate in a photography contest and get out to the parks.  National Police Week May 12-18, 2013 presented to Police Chief Pat Kitchens with the Leavenworth Police Department. He thanked everyone for all their support of the Police Department.  Leavenworth Public Works Week May 19-25, 2013 presented to Public Works Director Mike McDonald who thanked everyone on behalf of all the staff working within the Public Works Department.

Consideration of Minutes – Commissioner Preisinger moved to approve the April 23, 2013 regular meeting minutes, as presented. Commissioner Dedeke seconded the motion and was unanimously approved.

Professional Services for Eagles Ball Fields Design – Parks & Recreation Director Anderson highlighted the design services proposed with VSR Design.  Requested approval for the design of the Eagles Ball Fields in the amount of $70,000  On April 16, 2013, staff, park board members, and Vance Rzepka of VSR Design met with the City Commission at a study session to review the Eagles Ball Fields Design and the department's field availability and usage  There is a need for additional ball fields since Cody Park was inadequate for men’s softball and would allow for additional practice fields for baseball and softball  History of how the project was conceived  Diverted funds from Cody Park Project to fund the Eagles Ball Fields Project as approved on November 27, 2012 in the Capital Improvements Program 2013-2017  The allocation of $970,000 was approved for the design and construction of a new ball and practice field located at 21st and Choctaw to be utilized for men's softball leagues and spring baseball practices  Project will gain the city one additional ball field and a practice field  Currently, the women play at Hawthorn Park on field #1 which measures 188' to right field, 246' to center, and 228' to left field. The ASA field standards for women's softball are 265'minimum fence distance. Cody Park field is 275' sufficient for women’s softball.  Cody Park also provides playground accommodations for the children of softball players. The layout of the park is such that children will not have to dart back and forth through vehicle traffic between the field and playground as they currently do at Hawthorn Park.  Project is recommended by staff and the Parks Advisory Board

Leavenworth City Commission Meeting May 14, 2013 Page 1 Commissioner Preisinger asked for clarification of the women’s softball regulations. He then asked if the timing was right to proceed with this project. He was concerned with spending $1 million for this project due to the declining tax base and economy. Mr. Preisinger stated that it still is not the right time to do the Eagles Ball Fields Project. He added that if we need the ball field capacity, public works probably could make this a usable field for practices. Residents within the community have told him it is not the right time for this project.

Commissioner Dedeke basically agreed with Commissioner Preisinger and the residents he spoke with do not believe this is the right time to do this project. He knows we need another park, but would prefer to install a backstop and just allow practice playing at this time.

Commissioner Weakley stated that her citizens supported the project and wanted to see the program grow. She stated this would enhance the whole program not just one ball field. The project allows for growth; and stated “do not under estimate the park’s programs.” This is a family event with summer entertainment. The project would enhance the community.

Mayor Gasbarre stated she was torn; she was concerned that if we do the design now and then down the road the funds were not available to proceed with the project we would have wasted the funds for the design.

Ms. Anderson stated that the city saved money on the HVAC system and the Animal Control Project. This project would ultimately enhance the men’s softball program because Cody Park is not a good field for the men. Staff is trying to manage the programs and increase activity for all participants. She stated staff is really working on the sports programs and making them much better. Ms. Anderson mentioned that she liked the location of Eagles Ball Fields which is near Sports Field and easier for staff to maintain.

City Manager Miller stated he understood the financial dilemma, but this is the last ball field staff was planning to construct. He stated we would not see additional fields being built in the near future and that it could be at least ten years down the road.

Commissioner Preisinger understood Commissioner Weakley’s comments to enhance the parks, but he felt that we were not currently turning anyone away to play at the ball fields. He was also concerned about additional traffic on 20th Street and the repairs needed for that street. He just disagreed with the timing of this project.

Commissioner Weakley stated that this is not something that would be built this year; the construction would take a few years to build and the fields would not be ready to use until 2015.

Commissioner Dedeke stated that he was not willing to spend $3 million tonight on the Animal Control Facility Project and the Eagles Ball Field Project.

Commissioner Dedeke moved to table the Eagles Ball Field Project until May 28, 2013. Commissioner Weakley seconded the motion and was approved 3-1 No: Preisinger.

Citizen Participation – No response.

Mayor’s Appointments to the Board of Zoning Appeals, Building Code Board of Appeals, City Planning, Community Development Advisory Board, Electrical Board, Leavenworth Preservation Commission, Library Board, Mechanical Board of Appeals, Plumbing Board, Sidewalk Advisory Board and Youth Advisory Commission – Mayor Gasbarre recommended the following appointments: Board of Zoning Appeals - Re-appoint Michael Bogner to a term ending 5-1-2016 Building Code Board of Appeals - Appoint Stephen Kaaz to a term ending 5-1-2018 City Planning Commission - Appoint Frank Wenzel to a term ending 5-1-2016 Community Development Advisory Board - Appoint Charles Davis to a term ending 8-31-2014; Mike Law and Kathryn Schiller to terms ending 8-31-2016

Leavenworth City Commission Meeting May 14, 2013 Page 2 Electrical Board - Reappoint Kevin Wendt to a term ending 5-1-2018 Leavenworth Preservation - Reappoint Rebecca Stewart and Jane Geis to terms ending 4-15-2016 Library Board - Reappoint Justin Stewart and appoint Deborah Baeuchle to terms ending 4-30-2017 Mechanical Board of Appeals - Reappoint Chuck Moorehead to a term ending 5-1-2018 Plumbing Board - Appoint Tim Elliott to a term ending 5-1-2018 Sidewalk Advisory Board - Appoint Mike Boaz to a term ending 3-15-2016 Youth Advisory Commission - Appoint Savannah Lucas to a term ending 6-30-2015 Mayor Gasbarre moved to approve the appointments as presented. Commissioner Preisinger seconded the motion and was unanimously approved.

Cereal Malt Beverage License at Fast Stop 1031 Metropolitan Avenue – City Clerk Logan recommended approval of an Off-Premise Cereal Malt Beverage License for 1031 Metropolitan Avenue.

Commissioner Preisinger moved to approve an Off-Premise Cereal Malt Beverage License at Fast Stop 1031 Metropolitan Avenue, as presented. Commissioner Dedeke seconded the motion and was unanimously approved.

Potential Sale of Rail Car at 801 Esplanade – Assistant City Manager Kramer discussed the potential sale of the rail car and he highlighted:  Purchased property at 801 Esplanade in 2010 and the rail car was on the property  City would need to go through the bid process to sale the rail car  The car is in rough shape, there is fire damage and a salvage company has expressed interest in the rail car Commissioner Weakley moved to advertise for sale the rail car at 801 Esplanade. Commissioner Preisinger seconded the motion and was unanimously approved.

Fund Appropriation to Governor’s Military Council - City Manager Miller highlighted the fund appropriation for the Governors’ Military Council:  2012 Governor Brownback cutback the Military Council and get six cities with military installations to contribute to the Military Council  Used to protect/support the Army installations within the State of Kansas  City’s contribution would be $5,000  Support the work of the Governor’s Military Council  Hopeful that Leavenworth County will match the $5,000  Military Affairs meets monthly at the Chamber Offices

Commissioner Dedeke moved to approve the fund appropriation for the Governor’s Military Council in the amount of $5,000.00. Commissioner Weakley seconded the motion and was unanimously approved.

Contract No. 2013-25 Exterior Sealant Project at Planters II – Assistant City Manager Kramer reviewed the bids for the sealant project at Planters II. He stated the Project to take place at Planters II and will take around 100 days to complete. Staff will also provide the tenants weekly updates during the construction.

Bids received: 1. Western Waterproofing $ 89,620 (low bid) 2. Restoration and Waterproofing 123,631 3. MTS 136,000

Commissioner Dedeke moved to approve the low bid from Western Waterproofing in an amount not to exceed $89,620.00. Commissioner Preisinger seconded the motion and was unanimously approved.

Contract No. 2013-26 Animal Control Facility Project – Police Chief Kitchens recommended approval of the low bid submitted by Wilcott Construction for the new Animal Control Facility.

Leavenworth City Commission Meeting May 14, 2013 Page 3 Bidder Base Unit Price 1 Unit Price 2 Alt 1 Alt 2 Alt 3 Alt 4 Bid Remove & Addition Dog Kennel Add'l Fiber Alternate Replace grout fill Addition Tubular Cement Kennel Unsatisf. material/per Daylight Siding Equip Soil/per CY CY Devices Substitutio n Wilcott Construction $ $ 75.00 $ 182.00 $ 90,000 $ 8,200 $ - $ - 1,895,000 Herner Construction $ $ 27.50 $ 181.50 $ 97,000 $ 12,750 $ - $ - 1,911,000 Miller Stauch $ $ 100.00 $ 200.00 $ 98,000 $ 8,500 $ 1,800 $ - Construction 1,930,000 2-Point Construction $ $ 30.00 $ 300.00 $ 97,000 $ 10,865 $ - $ - 1,932,000 Construction Services $ $ 35.00 $ 350.00 $ 101,000 $ 11,000 $ 1,000 $ - Bryant 1,959,000 Architect's Estimate $1,976,311

Julius Kaaz Construction $ $ 15.50 $ 181.50 $ 88,690 $ 10,780 $ 3,190 $ - 2,044,000 Harmon Construction $ $ 38.00 $ 185.00 $ 96,000 $ 10,300 $ 3,200 $ - 2,049,989 Combes Construction $ $ 35.00 $ 330.00 $ 105,000 $ 9,400 $ 7,000 $ - 2,061,000 Excel Constructors $ $ 40.00 $ 180.00 $ 114,000 $ 12,000 $ 19,000 $ - 2,098,000 Burns & McDonnell $ $ 22.00 $ 183.00 $ 84,500 $ 10,100 $ 623 $ - 2,129,000 McTech Corp. $ $ 116.00 $ 184.00 $ 99,000 $ 11,800 $ 900 $ 4,000 2,170,000 Allison & Alexander Not Read

Average Bid $2,016,272

Chief Kitchens highlighted:  March 19, 2013 presented the design to the City Commission and consensus to move forward with a 7,728 square foot building  Reviewed the alternative bids for the project and staff recommended accepting Alternates 1, 2 and 3  Mandatory pre-bid meeting held April 11, 2013  Opened the bids on May 2, 2013  Two additional allocations that are not included in the bid: o Testing and inspection for the project plus additional site visits and o Furnishing the facility (furniture, fixtures and equipment) o These items will be bid separately

Commissioner Preisinger asked if any sub-contractors will be Leavenworth vendors and stated that he was hoping there would be local contractors. He also asked about the changes to the specifications for steel roofing materials to be factory cut versus rolled roofing materials cut on site. He was concerned with this change to the roof portion of the specifications and stated that matching the pre-cut factory cut steel roof could be complicated. Mr. Preisinger also asked about Alternate 2 tubular daylight devices and stated that he does not care for sky lights.

Chief Kitchens explained the roofing materials, the tubular day lighting for the facility and changes to the facility. He stated staff could consider those issues with the contractor during the pre-construction meeting.

Commissioner Dedeke stated that tubular lights could increase the cost for heating and electricity in the facility.

City Manger Miller stated that staff would sit down with the contractor to see if money could be saved on the roofing or tubular lighting.

Leavenworth City Commission Meeting May 14, 2013 Page 4 Mayor Gasbarre stated that the tubular sky lights might help the facility with light in the winter months and would not want to change the sky lights.

Chief Kitchens asked for approval of the base bid of $ 1,895,000 to include Alternate 1 Dog Kennel Addition $90,000, Alternate 2 Tubular Daylight $8,200 and Alternate 3 Fiber Cement Siding $0. The Commissioners discussed excluding Alternate 2 Tubular Daylight Devices and all agreed.

Commissioner Preisinger moved to approve the base bid of $ 1,895,000 to include Alternate 1 Dog Kennel Addition $90,000 and Alternate 3 Fiber Cement Siding $0 from Wilcott Construction, Inc. in an amount not to exceed $1,985,00.00. Commissioner Dedeke seconded the motion and was unanimously approved.

Resolution B-2048(b) (Amended) Authorize Animal Control Facility – City Clerk Logan stated Resolution No. B-2048 was approved on March 12, 2013 which authorized and provided for the construction, furnishing and equipment for the Animal Control Facility Project with a cost estimate of $2,260,000. Bids were opened on May 2, 2013 and now Resolution No. B-2048 needs to be amended to increase the bond authorization to $2,305,000 from $2,260,000. The increased amount includes all costs for construction, furnishing, equipment, bond issuance, and interest.

Commissioner Weakley moved to amend Resolution B-2048(b), as presented. Commissioner Preisinger seconded the motion and was unanimously approved.

Resolution B-2055 Limit Street Project from 15th to 20th Street – Public Works Director McDonald stated this resolution awards the contract and commits the city matching funds of $312,000 for the Limit Street improvements from 15th to 20th Street.

Commissioner Dedeke moved to approve Resolution B-2055 for the Limit Street Project from 15th to 20th Street. Commissioner Preisinger seconded the motion and was unanimously approved.

Resolution B-2056 Set Hearing for Unsafe Structures – Public Works Director McDonald recommended a resolution setting the public hearing on June 25, 2013 for unsafe structures damaged by fire. The locations are: 607 N. 12 th Street, 703 S. Broadway and 408 Marion. The Chief Building Inspector Burdette recommended to proceed under the provisions of K.S.A. 12-1750 et. seq.

Commissioner Preisinger moved to approve Resolution B-2056, as presented. Commissioner Dedeke seconded the motion and was unanimously approved.

Resolution B-2057 Redemption of Series A2012 Temporary Notes – City Clerk Logan stated Resolution No. B-2057 authorizes redemption of all of the outstanding Temporary Notes, Series A2012 (i.e. $1,635,000) maturing on July 1, 2014 for redemption and payment on or after July 1, 2013. Once the resolution is approved by the City Commission, both the Treasurer of the State of Kansas and the note holder UMB Bank, N.A. will be notified forty-five (45) days prior to the redemption date.

Commissioner Preisinger moved to approve Resolution B-2057, as presented. Commissioner Dedeke seconded the motion and was unanimously approved.

Resolution B-2058 Authorize Public Sale of A2013 Temporary Notes & 2013-A General Obligation Bonds – City Clerk Logan stated Resolution No. B-2058 authorizes and provides for the public sale of General Obligation Bonds, Series 2013-A and Temporary Notes, Series A2013. The bond and note sale will be on Tuesday, June 11, 2013. The results will be presented to the City Commission the same evening. The General Obligation Bonds, Series 2013-A will be in a principal amount of $3,860,000 which includes all interest and issuance costs for the following projects:

General Obligation Bonds, Series 2013-A Asphalt Overlay 710,030

Leavenworth City Commission Meeting May 14, 2013 Page 5 KLINK K-7 Pennsylvania to Rees, K92 4th to 6th 134,960 KLINK K92 10th to 15th 160,340 Animal Control Design 138,345 10th and Thornton Traffic Signal 82,955 Library HVAC 84,000 North Esplanade Park Trail 44,500 Centennial Bridge Lighting 159,040 Animal Control Facility 2,180,000 Temporary Notes Series A2013 in the principal amount of $1,530,000 will be used to temporarily finance the 2013 General Improvements until after the projects are complete. Temporary Notes A2013 for 2013 General Improvements: Asphalt Overlay 732,000.00 Riverfront Pool Pak Replacement 244,715.00 Municipal Court Software 160,000.00 David Brewer Park Restrooms 120,000.00 Bridge, Cherokee over 3 Mile Creek 81,650.00 Eagles Ball Fields 70,000.00 Police Mobile Video Recorders 62,760.00 North Esplanade Light Poles 26,910.00 Commissioner Preisinger moved to approve Resolution B-2058, as presented. Commissioner Dedeke seconded the motion and was unanimously approved.

Consent Agenda - Claims for April 20, 2013 through May 10, 2013 in the amount of $1,151,215.01; Net payroll #9 dated May 3, 2013 in the amount of $294,773.32. Commissioner Weakley moved to approve the consent agenda, as presented. Commissioner Dedeke seconded the motion and was unanimously approved.

Other Items: Budget Work Sessions – City Manager Miller discussed date options and all agreed with July 10, 11 and 12, 2013 starting at 1:00 p.m.

Goal Setting Session – Mayor Gasbarre discussed date options and all agreed to change the Goal Setting Session to May 31, 2013 at 1:00 p.m.

Commissioner Preisinger discussed the new “No Littering” signs and the locations where the signs were placed throughout the City. He also attended the Police Awards Banquet on May 13th and enjoyed the event. Mr. Preisinger mentioned that if a concerned citizen sees something, to say something. The Police Line to call is 682-CLUE.

Commissioner Dedeke referenced the law enforcement awards banquets held by the City and Leavenworth County; he asked staff to consider holding the events on different dates. Police Chief Kitchens stated he would work with Leavenworth County Sheriff Dedeke. Mr. Dedeke mentioned the 10th Avenue traffic signal and the cost savings of around $50,000 with staff managing the project.

Mayor Gasbarre also attended Police Awards Banquet on May 13 and suggested recognizing officers at the City Commission meetings. She mentioned the neighborhood watch program and asked for the citizens to get involved.

Executive Session – Commissioner Dedeke moved to go into executive session for 10 minutes at 8:45 p.m. for discussion concerning land acquisition. Commissioner Preisinger seconded the motion and was unanimously approved. The City Commission returned to open session at 8:55 p.m.

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

Leavenworth City Commission Meeting May 14, 2013 Page 6 Time Meeting Adjourned: 8:56 p.m. Minutes taken by City Clerk Karen J. Logan, MMC

Leavenworth City Commission Meeting May 14, 2013 Page 7