Leavenworth City Commission

CITY OF LEAVENWORTH City Commission Regular Meeting 100 N. 5th Street, Commission Chambers Leavenworth, Kansas 66048 Tuesday, July 24, 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, and Commissioners: Davis T. Moulden and Mark Preisinger. Absent: Mayor Pro-Tem Laura Gasbarre and Commissioner Phil Urban.

Others present: City Manager J. Scott Miller, Assistant to the City Manager Paul Kramer, Public Works Director Mike McDonald, Deputy Public Works Director Bob Patzwald, City Planner Berrin Nejad, Police Chief Pat Kitchens, City Attorney Tom Dawson, Community Development Coordinator Linda Cooper and Acting City Clerk Cheryl Bogner.

Mayor Dedeke opened the meeting. Four representatives were on hand from Boy Scout Troop # 173 to lead us in saying the pledge of allegiance which was followed by silent meditation.

Proclamations:

Mayor Dedeke presented a proclamation recognizing Amy Hastings as Leavenworth’s Hometown 2012 United States Olympian, competing in the London Olympics July 27, 2012 through August 12, 2012. Amy's parents accepted the proclamation. Commissioner Preisinger wished them well in London. Mr. Hastings noted that Amy's race will be shown on NBC live TV on August 3, 2012 at 3:00 pm.

Mayor Dedeke recognized our Sister City Wagga Wagga, Australia for the 50 year anniversary of the sister city affiliation between the City of Leavenworth and Wagga Wagga, New South Wales, Australia. He also noted that the certificate, City coins and key to the City were mailed for receipt by the anniversary date of July 31, 2012.

VFW Past Post Commander Lonnie Durand presented the VFW Police Officer of the Year award to Officer Stephen Traglio for recognition as an outstanding law enforcement officer in the State of Kansas. He was honored for his courageous and selfless service to the community and was noted he is admired by his peers and local public. Officer Traglio received a standing ovation and thanked everyone.

Consideration of Minutes – Commissioner Preisinger moved to approve the July 10, 2012 regular meeting minutes, as presented. Commissioner Moulden seconded the motion and was unanimously approved (3-0).

Citizen Participation – Ms. Joan Hall, co-owner of Gronis Hardware expressed her displeasure with the closing of parking lots in the 500 block of Cherokee on Saturdays. She stated the VFW and Woody’s Watering Hole close the parking lots for events they hold such as Poker Runs and Wounded Warrior Runs that last only about an hour and a half, however, the lots remain closed all day. This leaves no parking for the businesses on Cherokee. Ms. Hall recommended using other parking lots in the vicinity (5th and Choctaw) that are utilized less. She closed by asking the commission to just say “no” to closings.

General Items:

Bids, Contracts and Agreements: Bid – Contract # 2012-34 KLINK Resurfacing 2012 Project - Bids received and opened on July 18, 2012:  Seal-O-Matic, Riverside, Mo $ 177,065.87  McAnany Construction, Shawnee Mission, Ks $ 217,421.24  Engineer's Estimate $ 296,886.00 Bids from DSM and Little Joe’s Asphalt were not read due to incomplete proposals

Leavenworth City Commission Meeting July 24, 2012 Page 1 Public Works Director Mike McDonald reviewed the project:  Mill and over-lay project  Project does not include concrete, curbing or sidewalks . Presently being performed by another contractor . New paving should work out with curbing, etc.  4th Street from Spruce to Pine and Spruce from 10th to 15th  Total project - 30 calendar days  No local contractors do this work  Asphalt bought from local supplier  Worked with this contractor before on other projects  Relatively small project  State grant - match 50/50 . Approximately $89,000 back from the State once the project is complete  4th Street/Spruce Street shouldn't ever be closed completely to all traffic

Staff recommends that the City Commission approve the low bid submitted by Seal-O-Matic for the 2012 KLINK Resurfacing Project in the amount of $177,065.87.

Commissioner Preisinger moved to accept the bid from Seal-O-Matic of Riverside, Mo. in the amount of $177,065.87 to do the mill and overlay as presented. Commissioner Moulden seconded the motion and was unanimously approved (3-0).

Contract # 2012-35 Water Resources Solutions at 5-Mile Creek Sewer Crossing

Public Works Director Mike McDonald highlighted project background and details:  5 Mile Creek, South of Marion, North of 2nd Street by Geiger Ready Mix Plant and Waste Water Treatment Plant  Stream has been suffering considerable erosion  Sewer line wash-out and bank erosion . Impacted manholes last year which caused considerable flooding in the Treatment Plant  Photographs displayed of bank and creek from 2001, 2009 and 2012 to show erosion of bank and how much the creek bed dropped  Two part contract  Reconstruct the sewer line and stabilize the bank  Stream analysis for stabilization is more investigative; use existing information we already have, verify measurements and come up with ideas to stabilize  Request for Qualifications for the project were sent to several engineering firms . Water Resources Solutions was the only firm to submit the required information o Stream Stability Analysis - $ 14,450 o Sewer Crossing Design - $ 21,290

Commissioner Moulden inquired about bank covering in the photographs. Mr. McDonald replied there are patches of concrete but could also be grass clippings, etc. Past practices have been to empty concrete trucks at the end of the day along the bank; however this is no longer an accepted practice.

Mayor Dedeke asked if staff wanted just the stream analysis approved or both portions of the contract. Mr. McDonald indicated they are seeking approval of the entire contract - $ 35,744 as the work goes hand in hand.

Commissioner Preisinger moved to accept the contract from Water Resources Solutions for 5 mile Creek bank stabilization and sewer crossing at the Wastewater Treatment Plant in the amount not to exceed $ 35,744. Commissioner Moulden seconded the motion and was unanimously approved (3-0). Resolution B-2036 Emergency Solutions Grant

Leavenworth City Commission Meeting July 24, 2012 Page 2 Community Development Coordinator Linda Cooper reviewed the resolution authorizing the submission of the 2012 Emergency Solutions Grant (ESG) in the amount of $78,000 requested by Alliance against Family Violence (AAFV). Mrs. Cooper noted the name had changed this year from Emergency Shelter Grant and also the duration time period went from 12 months to 18 months.

 Part of the HUD Block Grant Program  Previous years, two agencies applied and received $36,600 combined . Historically Catholic Charities and Alliance Against Family Violence apply for funds  One agency is applying this year  Funds are allocated as follows: o $ 20,000 - Essential services o $ 30,000 - Renovation activities on facilities o $ 28,000 - Shelter options (utilities, insurance, etc)  City receives a small portion for administrative allotment  City acts as pass-through agent for grant . City gives out money when agency incurs expenses . Kansas Housing Resources Corporation reimburses the City  No impact on budget or other local programs

Staff recommends adoption of the resolution authorizing the submission of the grant application.

Commissioner Preisinger moved to authorize the submission of the application for the 2012 Emergency Solutions Grant in the amount of $78,000. Commissioner Moulden seconded the motion and was unanimously approved (3-0).

First Consideration Ordinance Hotel/Lodging Establishment Regulations

City Manager Scott Miller reviewed the City of Leavenworth establishing its own regulating lodging establishment program. Several years ago, State inspectors were reassigned and left the inspections undone. We can adopt the State’s regulations or make stricter; staff chose to adopt the State’s regulations. Additionally, amendments were made to wording.

Under proposed program:  Hotels, motels and boarding houses make annual written application for license  Inspections will fall under the direction of the Fire Marshall . All staff has gone through training  If compliant with regulations, a license will be issued  Fire Department and Code Enforcement staff will determine compliance with regulations . Issues will be written up and provided to the lodging establishment . Once issues are taken care of, a license will be issued by the City Clerk’s office  Inspections to be performed once a year  Amendments pertaining to wording were made following the June 6, 2012 Commission meeting  If complaints, Staff will investigate . Thirty (30) days to remedy . If non-compliant, bring before City Commission; may need to resolve through court system . Emergency situations can warrant immediate shut-down o If issue can be remedied or repaired, hotel/motel would have 30 minutes to correct immediately o Close immediately if life safety issue; i.e. blocked exists, non-functioning fire alarm, etc. o Backed-up sewers would close the kitchen down

Leavenworth City Commission Meeting July 24, 2012 Page 3  Fire Chief DeMaranville noted that if a fire alarm or suppression system have been tampered with and are inoperable, the hotel/motel can pay for 24 hour surveillance of the system until repairs are made and operational again  Continuous violations would be brought before the City Commission

Commissioner Preisinger asked for the definition of a boarding house. Fire Chief Mark DeMaranville noted shared facilities exist in a boarding house. City Manager Miller commented a bed and breakfast is a boarding house.

Commissioner Preisinger noted the commission made an amendment to the wording regarding how often a hotel/motel would be inspected. It was changed from once a year to once per calendar year.

Consensus to move forward.

First Consideration Ordinance Levying Demolition Assessments

Acting City Clerk Cheryl Bogner requested consideration for an ordinance levying special assessments to pay the City’s cost to abate demolition costs for the following properties:

 611 North 8th Street $ 7,825.00  850 Cherokee Street $ 7,340.00  210 Olive Street $ 9,875.00  755 Michigan Street $ 3,088.00

 First three properties were brought before the City Commission for demolition . Deemed unsafe and/or dangerous structure  Last property, 755 Michigan, sustained extensive fire damage . Owners voluntarily requested demolition . Net assessment after insurance proceeds  Demolition work complete  All owners and financial institutions with interest in property have been notified  No payments have been received to date

Mrs. Bogner confirmed for Commissioner Moulden that the structure at 850 Cherokee was down. Community Development Coordinator Cooper responded to Commissioner Preisinger’s question regarding the higher costs associated with 210 Olive Street. She indicated this was a larger structure and a great deal of personal property on the premises. This property also required dirt and regrading work.

Additionally, Commissioner Moulden inquired about demolition of a structure at 7th and Osage (voluntary demolition). City Manager Miller replied he was unaware of demolition activity at the address mentioned; however, the City would need something in writing (consent) before demolishing a structure. This subject was deferred to another time.

First Consideration Ordinance Rezone 4th and Metropolitan, First City Hotel Project, to GBD

City Planner Berrin Nejad reviewed a request for a zone change on City properties in the North Gateway District for a hotel site, from a Planned Unit Development (PUD) and High Density Single Family Residential (R1-6) to General Business District (GBD).

 Community Development’s long range plan for this area has been to be a site for a hotel

Leavenworth City Commission Meeting July 24, 2012 Page 4  Cheyenne Street vacated  Single lot combined and will be presented to the Commission later  Conforms to Comprehensive Plan  Planning Commission heard this and approved this action at their last meeting July 2, 2012

The Commission also discussed the Welcome Center and Welcome signs near the Innovation Campus. Commissioner Preisinger wanted to know when the Welcome Center is scheduled to be moved and who is responsible for the (lighted) Welcome sign. Assistant to the City Manager Paul Kramer commented the move is tentatively scheduled for 07/25/2012 and said the lighted sign belongs to Main Street. It was noted that the signage is not current, citing that a May 14, 2012 event is still displayed.

Consent Agenda - Claims for July 7, 2012 through July 20, 2012 in the amount of $ 1,325,599.71. Net payroll #14 dated July 13, 2012 in the amount of $ 312,141.82 (No net Police and Fire Pension Payroll at this time). Mayor Dedeke reviewed the consent agenda. Commissioner Moulden moved to approve the consent agenda. Commissioner Preisinger seconded the motion and was unanimously approved.

Other Items:

Commissioner Preisinger commented on Mrs. Hall’s remarks concerning the closing of the 500 Block of Cherokee Street on Saturdays. Mr. Preisinger noted that the events the VFW and the Poker rider are commendable, he suggested we all work together. Mr. Preisinger said the decision is probably up to the City Manager and/or the Police Department, but suggested closing 6th Street between Cherokee and Delaware and in so doing, no businesses would be affected; perhaps it could accommodate everyone.

Commissioner Moulden cautioned the community on a railroad crossing on Dakota Street stating the cross-arm came down and caused damage to his vehicle.

Mayor Dedeke agreed with what Commissioner Preisinger said regarding the closing of parking lots in the 500 Block of Cherokee. He said it seems to happen more often now. Additionally, the mayor talked about the current event going on in downtown Leavenworth – “Where’s Waldo”. The event is a scavenger hunt designed to acquaint newcomers to our City to the downtown area and bring back former customers. There are drawings for prizes.

Executive Session Concerning Land Acquisition – Commissioner Preseinger moved to go into executive session for 10 minutes at 7:53 p.m. for discussion of land acquisition. Commissioner Moulden seconded the motion and was unanimously approved.

The City Commission returned to open session at 8:03 p.m.

Adjourn – Commissioner Preisinger moved to adjourn the meeting. Commissioner Moulden seconded the motion and was unanimously approved (3-0).

Time Meeting Adjourned: 8:05 p.m. Minutes taken by: Acting City Clerk Cheryl Bogner

Leavenworth City Commission Meeting July 24, 2012 Page 5