Leavenworth City Commission s6

CITY OF LEAVENWORTH CITY COMMISSION REGULAR MEETING 100 N. 5th Street, COMMISSION CHAMBERS Leavenworth, Kansas 66048 TUESDAY, FEBRUARY 12, 2008, 7:00 P.M.

CALL TO ORDER - The Governing Body met in regular session on Tuesday, February 12, 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: Assistant City Manager Robyn Stewart, Public Works Director Mike McDonald, Deputy Public Works Director Bob Patzwald, Interim Parks and Recreation Director Julie Anderson, Community Development Director Jerry Gies, Planning Director Roger Denton, Public Information Officer Megan Scheidt, Clerk Joy Knapp and City Clerk Karen J. Logan.

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

PRESENTATION – Boy Scout Troops – Packs 3109, 3167, & Troop 167 – Mayor Dedeke read a letter of accommodation recognizing the Troops for their help as a result of the ice storm in the fall of 2007. He thanked them for their commitment to the community and recognized each member. Mayor Dedeke then presented City coins to each scout for their services.

PRESENTATION – American Red Cross-Use of Riverfront Community Center – Ms. Jo Burkett mentioned the ice storm in December 2007. Forty-four citizens used the Riverfront Community Center as a shelter. She appreciated the efforts from City Staff. She presented a plaque to the City in recognition for the assistance given to citizens of Leavenworth during the ice storm.

CONSIDERATION OF MINUTES – Commissioner Gasbarre moved to approve the minutes for January 22, 2008 regular meeting as presented. Commissioner Lisa Weakley seconded the motion. The motion was unanimously approved.

ORDINANCES (Ordinances on second consideration): Ordinance No. 7760 Rezone 712 Pawnee St. from R1-6 to OBD. The ordinance was unanimously approved. Ordinance No. 7761 Amending the Zoning Ordinance for Special Use Permits as required for Child Care Centers. The ordinance was approved with Commissioner Baker voting against the motion.

CITIZENS PARTICIPATION Louis Klemp mentioned Leavenworth, Washington and trading information on that city to promote tourism; County Highway 1 and I-70 Interchange – 8.5 million has been approved by Leavenworth County and improvements need to be done; Leavenworth Public Schools Foundation and the fine arts program; and the Taste of Leavenworth upcoming on February 23rd.

GENERAL ITEMS Waiver of Distance Requirement for Temporary Liquor Permit – St. Joseph and Immaculate Conception Churches – City Clerk Logan reviewed the waiver of distance requirement for a temporary liquor permit to be issued at Immaculate Conception Church on March 9, 2008 and October 24, 2008, and for St. Joseph Church on June 28, 2008 and September 21, 2008. Commissioner Gasbarre moved to approve the waiver for the distance requirements for a temporary liquor permit, as presented. Commissioner Bower seconded the motion. The motion was unanimously approved.

Cereal Malt Beverage License – 405 Muncie Road – City Clerk Logan stated that this was a new application for Spuds & Suds, 405 Muncie Road. Commissioner Ken Bower moved to approve the cereal malt beverage license application for Spuds & Suds, Commissioner Baker seconded the motion and was unanimously approved.

Cereal Malt Beverage License – 1031 Metropolitan – Commissioner Weakley moved to cancel Phillip Marten’s cereal malt beverage license for 1031 Metropolitan, and approve a cereal malt beverage license Leavenworth City Commission Meeting, February 12, 2008 Page 1 for Akavya B. Patel for 1031 Metropolitan effective February 13, 2008. Commissioner Gasbarre seconded the motion and was unanimously approved.

Mayor’s Appointments – Mayor Dedeke recommended the following appointments: Deer Management Advisory Committee - appoint Mike Ford to term ending December 31, 2010. Justice Center Community Board - re-appoint Mayor Larry Dedeke and appoint Joel Grodberg with no term limits. Commissioner Bower moved to approve the appointments as presented, Commissioner Gasbarre seconded the motion. The motion was unanimously approved.

Funding Source – Regional Airport Justification Study – Assistant City Manager Robyn Stewart briefed the City Commission on the funding source for a regional airport study. The cost for the study is $21,284. Commissioner Laura Gasbarre moved to support the regional airport study and authorize up to $21,284. Commissioner Bower seconded the motion and was unanimously approved.

BIDS AND CONTRACTS Contract No. 2008-02 Carpet for Riverfront Community Center – Interim Director of Parks & Recreation Julie Anderson presented a sample of carpet squares to the Commission and discussed her research findings. Ms. Anderson mentioned the areas of carpeting that had heavy traffic and a more durable carpet was necessary. She stated the new carpet tiles could each be removed and replaced instead of completely removing carpet in large areas. A representative from Seifert Carpet attended the meeting and was available for questions. The low bid from Seifert Carpet was $18,290.77. Commissioner Bower moved to accept the low bid of $18,290.77 from Seifert Carpet, Commissioner Gasbarre seconded the motion and was unanimously approved.

Contract No. 2008-03 Airport Parking Ramp Expansion Rebid – Public Works Director McDonald discussed issues with meeting bid requirements. Access to Fort Leavenworth was always a challenge due to the security issues. He recommended the Commission award the $176,920.80 bid to Lexeco – the lowest bidder. Mr. McDonald also mentioned that this project was a shared grant with KDOT 50/50. A large expanse of asphalt was removed and replaced with grass. Commissioner Laura Gasbarre moved to approve the low bid from Lexeco in the amount of $176,920.80, Commissioner Weakley seconded the motion and was unanimously approved.

Contract 2005-30 Amendment No. 2 with TranSystems – Design of 20th & Metropolitan Ave. Improvements – Public Works Director McDonald, and Transystem representatives Doug Parker and Steve Schmidt, were also present. Mr. McDonald reviewed the design contract element amendments for 20th and Metropolitan Avenue. He explained the $101,330 additional work for the redesign of extending Metropolitan through to 20th Street, and staff’s dealings with the Bureau of Prisons and KDOT. He also stated that this was a large complex project with total costs of 5.5 million. He recommended approval of this work.

Commissioner Bower commented about the environmental issues and additional costs that may exist. Public Works Director Michael McDonald was not aware of any environmental issues at this time. Commissioner Laura Gasbarre moved to the amendment to the contract with Transystems related to the design changes and additional work not to exceed $101,330, Commissioner Weakley seconded the motion and was unanimously approved.

Engineering Contract No. 2008-04 for Traffic Signal at 10th & Eisenhower – Public Works Director McDonald reviewed the proposal from Bucher, Willis and Ratliff to perform engineering services for the traffic signal at 10th and Eisenhower. The amount of $34,500 was for the design of the traffic signal and to evaluate the impact of the proposed development. Overall design, construction and inspection costs are estimated to be $250,000.

Mayor Dedeke commented that Wal-Mart may pay a portion of the costs for the traffic signal. Mr. McDonald was not aware of this commitment from Wal-Mart but will follow-up with them. Commissioner Weakley moved to approve the proposal from Bucher, Willis & Ratliff Corporation to perform engineering services for the traffic signal at 10th & Eisenhower in an amount of $34,500. Commissioner Bower seconded the motion and was unanimously approved. Leavenworth City Commission Meeting, February 12, 2008 Page 2 Contract No. 2008-05 Demolition of Structures – Community Development Director Gies reviewed the demolition bid results with a low bid of $18,845.00 from Larkin Excavating Inc. Mr. Gies recommended removing 842 Miami from the demolition list since staff was having difficulty receiving a clear title. Mr. Gies stated that we could go through the public hearing process for 842 Miami. Mayor Dedeke and Commissioners discussed: cost to obtain title, demolition process, and cost of taxes for 842 Miami. Commissioner Baker stated that it was previously agreed to demolish the structure on this property to prevent the owner from paying taxes and any other costs associated with it. She stated that she did not want the Commission to go back on their word to the property owner. Mr. Gies stated the City cannot obtain a clear title to this property without paying $1,000 paperwork fee. Commissioner Bower stated he did not want to spend any more money on this property. Mr. Gies commented that this property could go to the Sherriff sale and then the City could obtain a clear title. Commissioners discussed the following:  Public hearing for unsafe structures  Holding the price of the bid for 842 Miami  Bid process for 842 Miami  All agreed to leave 842 Miami on the demolition bid and to proceed with the demolition process Commissioner Bower moved to award the demolition contract to Larkin Excavating, Inc. in an amount of $18,845.00, Commissioner Gasbarre seconded the motion and was unanimously approved.

Resolution No. B-1886 – 2008 Emergency Shelter Grant – Community Development Director Gies explained that this grant was for the Catholic Community Services for the homeless and the Alliance Against Family Violence. Mr. Gies recommended applying for this grant again this year. He mentioned the grant could be up to $44,000. Commissioner Weakley moved to approve Resolution No. B-1886 for the 2008 Emergency Shelter Grant and Commissioner Bower seconded the motion and was unanimously approved.

HOUSING AUTHORITY Resolution No. B-1887 PHAS & SEMAP Certifications – Community Development Director Jerry Gies requested approval to submit certifications to the US Department of Housing and Urban Development for the operation of Planters II and the Housing Choice Voucher (Section 8) programs. Commissioner Weakley moved to approve Resolution No. B-1887. Commissioner Gasbarre seconded the motion and was unanimously approved.

Consider Resolution No. B-1888 Planters II Uncollectable Tenant Accounts – Community Development Director Gies requested approval to remove seven tenant accounts from the rent register at Planters II to rectify the books. The accounts are difficult to collect because of tenants who move or are deceased. Mr. Gies mentioned they might be able to collect through a collection agency, but the actual dollar amounts are low. Mayor Larry Dedeke asked if a tenant left an account balance, then applied to return, would that potential tenant be required to pay the previous past due rent? Mr. Gies stated they definitely would before moving in again. Commissioner Bower moved to adopt Resolution No. B-1888. Commissioner Gasbarre seconded the motion and was unanimously approved.

OTHER ITEMS Commissioner Weakley commented about a member of the Planning Commission, several calls she received, and recommended removal of that person, Mr. Louis Klemp. Ms. Weakley stated that this was the second incident involving Mr. Klemp. Commissioner Gasbarre stated that she had not received any phone calls and asked for clarification. Commissioner Weakley referenced the Wellington Association and their reaction to the comments from Mr. Klemp – “anti-Semitic and offensive.” Commissioner Bower was disturbed by what he read and agreed with Ms. Weakley that when you are in the public you need to think about what is said. Mayor Dedeke was aware of the incidents, that the first one was worked out and felt that it was totally out of character. He asked Mr. Klemp to explain. Mr. Klemp referred to the power structure of who owned downtown in past years, “Jews”, he then commented about Sears, Alsters, and a new focus for business. He stated that the Planning Board did not originate the problem and he stated that there was nothing anti-Semitic in his blood. Ms. Weakley stated that Mr. Klemp was not thinking before speaking and on how it was interpreted by the community. Commissioner Gasbarre commented about filling positions on the boards and commissions and that the citizens gave their time and talents. She recommended informing the members of these concerns. Mayor Dedeke recommended that the citizen with the problem contact Mr. Leavenworth City Commission Meeting, February 12, 2008 Page 3 Klemp to discuss it. Commissioner Weakley asked City Attorney Beall what could be done to consider removal of a board member. Commissioner Baker read to the Commission what was said at the Planning Commission. Commissioner Bower stated that this was the second time Mr. Klemp has offended someone while acting as a Planning Commissioner. He asked Mr. Klemp to come forward and make an apology. Mr. Klemp stated that certain Commissioners have wanted to remove him from boards and he then apologized for offending anyone in the world.

Commissioner Gasbarre asked about what we could do jointly with Leavenworth, Washington and possibly the Sister City Program. She also asked for a progress report on County Road 1.

Mayor Dedeke commented about the new Sonic sign and asked that it be toned down.

Executive Session – Acquisition of Property – Commissioner Gasbarre moved to recess into executive session until 8:49 p.m.to discuss land acquisition. Commissioner Bower seconded the motion and was unanimously approved.

Contract No. 2008-06 - Agreement to Purchase Property 1917 Metropolitan Avenue for the 20th Street Extension Project. Commissioner Baker moved to purchase 1917 Metropolitan Avenue. Commissioner Gasbarre seconded the motion and was unanimously approved.

CONSENT AGENDA Claims from 1/19/08 to 2/11/08 in the amount of $2,157,276.78, Net Payroll #3-2008 in the amount of $301,951.63. Commissioner Baker moved to approve the consent agenda. Commissioner Bower seconded the motion and was unanimously approved.

Commissioner Gasbarre moved to adjourn the meeting. Commissioner Weakley seconded the motion and was unanimously approved.

Meeting Adjourned: 8:50 p.m. Minutes taken by: Joy Knapp, Clerk and Karen J. Logan, CMC, City Clerk

Leavenworth City Commission Meeting, February 12, 2008 Page 4