Leavenworth City Commission s2

CITY OF LEAVENWORTH City Commission Regular Meeting 100 N. 5th Street, Commission Chambers Leavenworth, Kansas 66048 Tuesday, June 26, 2012 7:00 p.m.

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

Others present: City Manager J. Scott Miller, Assistant to the City Manager Paul Kramer, Deputy Public Works Director Bob Patzwald, Fire Chief Mark DeMaranville, City Planner Berrin Nejad, Human Resource Manager Lona Lanter, City Attorney Tom Dawson and City Clerk Karen J. Logan.

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

Proclamation Parks & Recreation Month July 2012 - Mayor Dedeke presented the proclamation to Parks and Recreation Director Julie Anderson in recognition of Parks and Recreation Month July 2012. Ms. Anderson mentioned a celebration on July 28, 2012 at Riverfront Park.

Consideration of Minutes – Commissioner Urban moved to approve the June 12, 2012 regular meeting minutes, as presented. Commissioner Gasbarre seconded the motion and was unanimously approved.

Citizen Participation – Kennith Burns, 1312 Kiowa, mentioned a life threatening experience and discussed the upcoming budget preparation. He understood that employees did not receive a COLA last year and asked for consideration of first responders.

General Items: Quarterly Payment Leavenworth County Development Corporation (LCDC) – City Manager Miller stated that based on the quarterly report presented to the City Commission on June 19, 2012 he recommended payment for the second quarter in the amount of $11,854.25. Commissioner Gasbarre moved to approve the second quarter payment to LCDC in the amount of $11,854.25 as presented. Commissioner Preisinger seconded the motion and was unanimously approved.

Request to Waive Special Assessments for 319 Vine – City Clerk Logan stated Ben Robbins is requesting that the special assessment fees of $1,510.00 be waived for property located at 319 Vine, Leavenworth. In 2010 the City Code Enforcement staff cleaned up and mowed 319 Vine on the following dates:  June 22, 2010 $140.00  July 20, 2010 $290.00  August 13, 2010 $540.00  September 24, 2010 $540.00 Mr. Robbins purchased the property on October 7, 2010. Notices for the assessments were mailed to the previous owner: Estate of Hermina E. Reibeling, 31925 215th Street, Easton, Kansas 66020.

Mayor and Commissioners discussed:  Understood Mr. Robbins request since the property was purchased after the assessments  Property assessments and the dates  $40 per each mowing four different dates which would be $160  Administrative fees ranging from $100 to $500 each  Tapping the estate - City Attorney Dawson stated the estate was closed and broke  Agreed to remove the two $500 administration assessment fees equaling $1,000

Leavenworth City Commission Meeting June 26, 2012 Page 1 Commissioner Urban moved to adjust the special assessment fees levied by Ordinance No. 7862 for 319 Vine to $510.00. Commissioner Gasbarre seconded the motion and was unanimously approved.

Cereal Malt Beverage License Woody’s Food Mart, 700 Eisenhower Road – City Clerk Logan recommended approval of the cereal malt beverage license for AZNZ Enterprises dba Woody’s Food Mart.

Commissioner Gasbarre moved to approve the Cereal Malt Beverage License AZNZ Enterprises dba Woody’s Food Mart, 700 Eisenhower Road. Commissioner Preisinger seconded the motion and was approved 4-1 No: Moulden.

Revise Fire Department Kelly Days – Human Resource Director Lanter reviewed the following:  Staff recommended to reinstate Kelly Days for the two current Battalion Chiefs who did not receive the “buy out” and for any future promotions made to this position for employees who have Kelly Days at the time of promotion.  Staff also recommends that any promotions within the department proceed in this manner to ensure consistency, whether that position is Driver, Lieutenant, Captain or Battalion Chief.  Any employee who currently receives Kelly Days will continue to receive them upon any future promotions up to Battalion Chief.  Promotions to administration positions are excluded as they are not shift positions.  Any employee hired after January 1, 2007, will never have Kelly Days, regardless of their position, as they never had them from the beginning.  The reinstatement of Kelly Days is not based on the Battalion Chief position, but rather on the basis of whether the employee promoting to the position has Kelly Days prior to promotion. Mayor and Commissioners:  Discussed the number of firefighters that could be affected by the Kelly Days  Cost associated are minimal and more of a scheduling issue  Potential firefighters down the ladder that may move and be considered for promotions  Battalion Chief openings, pay increase versus Kelly Days Commissioner Preisinger moved to reinstate Kelly Days for the two current Battalion Chiefs who did not receive the “buy out” and for any future promotions made to this position for employees who have Kelly Days at the time of promotion, as presented. Commissioner Urban seconded the motion and was unanimously approved.

City Commission Goals for 2012-2013 - City Manger Miller stated that the Leavenworth City Commission met with the City Manager's Office on June 13, 2012 to review the progress on the city-wide goals set by the Governing Body the previous year and to establish new goals to be undertaken by City Staff for the following year.

The City Commission made various additions and deletions:  Eliminated "railroad spur" from 1e "Consider the development of new industrial park..."  Removed 1i "Arrange for KCADC tour of Fort Leavenworth ... "due to completion.  Added to Economic Development the "exploration of rezoning and recruitment options that would allow /encourage commercial development along north 4th Street (Seneca to Metropolitan)."  Added to Economic Development the "development of a plan that ensures the continued use and maintenance of Carnegie Arts Center."  Added to Public Safety the "development of a plan to transition from an analogue to a digital radio system for public safety and general city operations."  Added to Other Items to "direct the City Attorney to conduct trainings regarding advisory board scope of authority, duties and responsibilities."  Drop from Other Items to "review City advisory boards and commissions for applicability" due to completion. Commissioner Urban moved to approve the City Commission Goals for 2012-2013, as presented. Commissioner Moulden seconded the motion and was unanimously approved.

First Consideration Ordinance:

Leavenworth City Commission Meeting June 26, 2012 Page 2 PUD Development Plan Leavenworth County Humane Society, Inc. – City Planner Nejad stated the applicant, Leavenworth County Humane Society, Inc. (LCHS, Inc.) is requesting a zone change from R1-9 Medium Density Single - Family Residential to PUD Planned Unit Development and review of Preliminary Site Development Plan /Preliminary Plat for a 16.32 acre parcel, located at 1620 Lecompton. Ms. Nejad highlighted:  The proposal the majority of land will remain natural, a few buildings, access off Lecompton Road, 14 parking stalls and one handicapped stall  The proposed plan contains a memorial garden, walking trails, crematorium, dock diving pond, play area and special occasion event area  The will be a fence on the northeast side to offer privacy to existing houses  The Planning Commission (PC) held a public hearing on June 4, 2012 and received public testimony on the requested rezoning. The applicant and engineer were present and spoke on behalf of their project.  Numerous residents spoke in opposition to the request.  Planning Commission unanimously voted to recommend denial due to concerns about noise, the type of activities they would be approving, not having detailed enough design for the buildings in the plan, the use does not comply with the Comprehensive Plan and it would be spot zoning (a commercial use in an otherwise residential zone).  Review of the Preliminary Site Development Plan /Preliminary Plat was contingent upon approval of the rezoning; the Planning Commission did not act on it.

Mayor Dedeke placed some stipulations and a three minute time limit per person for the public comments.

Mayor Dedeke opened comments for support of the Leavenworth County Humane Society:  Crystal Swann Blackdeer, President of the LCHS, Inc. commented about: land use plan; promote efficient use of land and harmonious variety of housing choices; non-developable properties; install a temporary office building-not a mobile home; felt that the property was a good fit; not spot zoning; and application in accordance with City’s objectives for a PUD  She discussed the proposed plan containing a memorial garden, walking trails, crematorium, dock diving pond, play area and special occasion event area o Review of property and location including 16.32 acres o Two generous donors for the benefit of all Leavenworth County citizens and pets o LCHS, Inc. works in Leavenworth in addition to the County o Seeking to develop the property with the least amount of impact to the neighbors o LCHS, Inc. asking for approval of the project and the rezoning request o Ms. Blackdeer read a letter dated June 22, 2012  Robert Kerr, 1412 S 16th Street, thinks it is a great idea; provide a park in his back yard and does not see that this is a bad thing for the neighborhood  Ms. Susan Kerr, 1412 S 16th Street, lives next to the property and supports the project 100 percent.  Tracy Lansing, 25815 155th Street, Basehor, Volunteer with LCHS, Inc. supports the project.  Robert Pence 125 S 17th Terrace, asked if kennels were planning to be constructed and Ms. Blackdeer stated yes, eight kennels on the inside and outside.  Michael Turner, 602 Quincy, walks dogs three times a day; there are around 18 dogs that reside in the area; he owns the lowest piece of ground in the area and has no problem with that; and would much rather have a park that will be maintained.  James McLin, 1720 Lecompton Road, excited that this place will be built; social worker and understands cruelty to animals / humans; dog parks; drawing the right folks to the community; design will be in magazines; wants kids to know and these neighbors will care deeply about animals.

Mayor Dedeke asked for opposing comments:  Michelle Millar 1935 Woodridge Drive referenced the letter distributed by LCHS, Inc.; not the best place for the development; land described as non-developable; land designated as low-density residential;

Leavenworth City Commission Meeting June 26, 2012 Page 3 crematorium business and contracting with the County for services; Leavenworth can only grow to the west; and she will visit with the county assessor to decrease her property value.  Carl Fisher, 1832 Edgewood Court, asked everyone to look at the plat and the plan for the crematorium location; is there a need for the facility or the location; and mentioned every dollar and hours spent for construction.  Plaudy Meadows, 1816 Edgewood Court, read the plan that includes “what-ifs” and not definitive; commercial interest is not right in residential area; and discussed the septic system versus installing sewer system.  Michael Turner, 602 Quincy, stated that all the properties in the area are on septic systems.  John Goodlow, 1833 Edgewood Ct., past spring County decided not to provide any support for animal control; city already has an animal control facility; this plan will serve the county; incinerator and why it was not located in the middle of the plan; and no matter how you look at it, it is a commercial enterprise.  Nancy Skelton, clarified the definition of a crematorium versus incinerator  Willard Wiley, 1875 Edgewood Court, discussed previous owner who encroached on his property; he is building $400,000 houses; the new residential development Shannon Woods, and that the commercial business would not be a good fit.  Ron Brummit, 924 S 17th Terrace, discussed property values in Shannon Woods totaling $40 million; loss of home values; commercial use and business belongs in the County; crematorium could be providing services for other counties and cities; and why take a risk of placing a commercial business in the middle of residential.  Paula Cathey 1419 S 16th, developer would have to fix Lecompton road and require sewers to be installed; discussed new school in the area and allowing this project to be developed next door was crazy; belongs in the county; private property is not a park; security; lighting issues; and walking trail not feasible.  Crystal Blackdeer, LCHS, Inc. owns the property; never mentioned rescue center; and that there would be no animal control.  Susan Kerr, 1412 S 16th Street, asked who lived in the adjoining houses.  Willard Wiley commented about the residential property, Shannon Woods, and that he is trying to continue to have quality homes. Project is proposing to install mobile home, commercial outfit, need to install sewer, and should not be in residential area.  City Manager Miller commented about the Development Review Committee which looks at the standards; staff does not get involved in the decision making process; and he commented that the hill off Lecompton would be difficult to develop but could possibly be developed on the northern section. Commissioner Urban  Commended Mr. Gast and LCHS, Inc. for their ideas; discussed location of this type of facility and the location of the City’s animal control facility; in all good faith no way he would vote yes to place this project in a residential area; do what is right for the community; hard pressed to approve; supports humane society 100 percent; and that LCHS, Inc. could turn property into cash. Commissioner Moulden  Someone had good intentions; obvious not the location for this project; hill not stable; since Leavenworth is building a new animal control facility why do we need this; supports the Planning Commission decision and not in favor of the project. Commissioner Gasbarre  Discussed the new animal control facility with a budget at $2 million and scheduled to be built soon; discussions with Lansing and Leavenworth County for animal control; denial or consensus she hoped it would not appear that we were not animal lovers; supported the dog park by the VA Center; very supportive of the Humane Society; but she could not support this project due to the residential area. Commissioner Preisinger  Real point – do we want to rezone area that is R1-9 Single Family Residential to PUD Development; if rezoned other businesses could go into site; former owner and issues on property concerning timber; Quit Claim Deed grants the property from Mr. Francis Gast to LCHS, Inc. with covenants which states that the property can only be used for animal care or rescue (LCHS, Inc.) and that Mr. Gast had the right to harvest timber from the

Leavenworth City Commission Meeting June 26, 2012 Page 4 property; otherwise the property reverts back to Mr. Gast. He too is an animal lover; felt this was not the proper place for this type of facility; and that it belongs in the County. He could not support this project. Mayor Dedeke  Agrees will all the Commissioners and their concerns that this is a commercial development in a residential area; and he could not support the project.

Mayor Dedeke called for the consensus – No consensus to place an ordinance on first consideration, unanimous to deny this rezoning request.

Resolution: Resolution B-2034 Planters II Tenant Write-off Accounts – Assistant to the City Manager Kramer recommended approving a resolution removing eight tenant accounts from the rent register at Planters II. 1. Tonda Carpenter (#401) $777.96 2. Linda Clyne (#209) $249.00 3. Mayetta Evans (#609) $438.98 4. Jerry Gibeson (#505) $907.67 5. Roberta Hollock (#606) $559.58 6. Rhonda Putnam-Thompson (#702) $ 41.00 7. Nora Vandruff (#808) $971.58 8. Ernest Walters (#607) $225.72 Commissioner Moulden moved to adopt Resolution No. B-2034, as presented. Commissioner Urban seconded the motion and was unanimously approved.

Bids, Contracts and Agreements: Contract No. 2012-30 Bids 2012 Pavement Management Program – Deputy Public Works Director Bob Patzwald recommends that the City Commission approve the lowest qualified bid received from Linaweaver Construction in an amount of $675,026.40.

Inspection will be a combined effort of City Staff and contracted inspection services with Affinis. The lowest qualified bid to include the alternate was from Linaweaver Construction in the amount of $675,026.40 which includes $37,900.00 in curbing repairs /replacement, and $29,707.50 for ADA Ramp and sidewalk work. Bids including Alternate: Linaweaver Construction Leavenworth, KS $675,026.40 (low bid) Baker Construction Leavenworth, KS $750,463.01 McAnanay Construction Shawnee, KS $774,242.65 Engineer's Estimate $725,870.00 Project locations: Mill & Overlay and Street Reconstruction • Reconstruct Choctaw Street from 2nd Street to 3rd Street • Reconstruct 20th & Ottawa Intersection  3rd Street from Choctaw to Oak Street  4th Avenue from Evergreen to Thornton  5th Street from Evergreen to Marion  Holman from 16th to the cul-de-sac  The Alternate of Ohio from Washington to 10th Avenue Slurry Seal • Leavenworth Avenue from Shawnee to Cherokee • Elizabeth from 2nd Avenue to 5th Street • Hebeln Drive from 2308 to 22nd Street • Elm Street from 2nd Street to Esplanade  Pine Street from 2nd Street to Esplanade

Leavenworth City Commission Meeting June 26, 2012 Page 5  Osage Street from Broadway to 4th Street  Chestnut from 3rd Street to 2nd Street  6th Street from Oak to Short  6th Street from Cherokee Street to the bridge Commissioner Gasbarre moved to approve the lowest qualified bid received from Linaweaver Construction in an amount not to exceed $675,026.40. Commissioner Preisinger seconded the motion and was unanimously approved.

Contract No. 2012-31 Bid for KLINK Sidewalk Ramp Improvements - Deputy Public Works Director Bob Patzwald stated staff recommends that the City Commission approve the low bid submitted by Baker Construction for the 2012 KLINK Sidewalk Ramp Improvements Project, in the amount of $72,200.00. Bids were opened on June 13, 2012. The results of the bidding are shown below. Baker Construction was the low bidder and met all bidding requirements. Bid results: Baker Construction, Leavenworth, KS $ 72,200.00 KAAZ Construction, Leavenworth, KS $ 96,716.00 Amino Brothers, Kansas City, KS $121,427.85 Engineers Estimate $120,000.00 Construction is expected to start in mid-July, 2012 and the contractor has 21 calendar days to complete.

Commissioner Preisinger moved to approve the low bid submitted by Baker Construction for the 2012 KLINK Sidewalk Ramp Improvements Project, in the amount not to exceed $72,200.00. Commissioner Gasbarre seconded the motion and was unanimously approved.

Consent Agenda - Claims for June 9, 2012 through June 22, 2012 in the amount of $1,212,431.60. Net payroll #12 dated June 15, 2012 in the amount of $337,695.37 (Police and Fire Pension Payroll $13,897.62). Commissioner Urban moved to approve the consent agenda, as presented. Commissioner Gasbarre seconded the motion and was unanimously approved.

Other Items: Commissioner Preisinger congratulated Scout Curry McWilliam who received 132 Boy Scout Merit Badges and also Amy Hastings, 2002 graduate of Leavenworth High School who qualified for the Olympics.

Commissioner Urban discussed the study session from last week concerning possible changes to the process of the Board of Zoning Appeals; and that there was a need to discuss the sidewalk program in the downtown / central business district.

Executive Session Consulting with Attorney Concerning Litigation – Commissioner Gasbarre moved to go into executive session for 15 minutes at 9:00 p.m. for discussion concerning litigation. Commissioner Urban seconded the motion and was unanimously approved.

The City Commission returned to open session at 9:15 p.m.

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

Time Meeting Adjourned: 9:16 p.m. Minutes taken by: City Clerk Karen J. Logan, MMC

Leavenworth City Commission Meeting June 26, 2012 Page 6