<p> CITY OF LEAVENWORTH CITY COMMISSION REGULAR MEETING 100 N. 5th Street COMMISSION CHAMBERS Leavenworth, Kansas 66048 TUESDAY, FEBRUARY 12, 2013, 7:00 P.M.</p><p>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, Commissioners Davis T. Moulden, Mark Preisinger and Phil Urban.</p><p>Others present: City Manager J. Scott Miller, Public Works Director Mike McDonald, Deputy Public Works Director Bob Patzwald, Assistant City Manager Paul Kramer, Parks & Recreation Director Julie Anderson, City Attorney Tom Dawson, Section 8 Coordinator Pat Tooley, Street Superintendent Ed Davis, Public Information Officer Melissa Bower and City Clerk Karen J. Logan.</p><p>Mayor Dedeke opened the meeting with the pledge of allegiance followed by silent meditation.</p><p>Consideration of Minutes – Commissioner Preisinger moved to approve the January 22, 2013 regular meeting and February 5, 2013 special meeting minutes, as presented. Commissioner Gasbarre seconded the motion and was unanimously approved. </p><p>NEW BUSINESS: Citizens Participation – no comments.</p><p>Resolution B-2049 (Amended) Agreement with City and Leavenworth Lansing Chamber of Commerce – City Clerk Logan stated that on January 22, 2013, the City Commission adopted Resolution B-2049 the agreement with Leavenworth-Lansing Area Chamber of Commerce pertaining to the Convention and Visitors Bureau (CVB). At the February 5, 2013 Study Session there was a consensus to modify the agreement to include the following: 1. Extends all positions to three (3) year terms. a. Eliminates the provision that sets term limits to not more than one successive term. 2. Include a Leavenworth Main Street representative as an appointed “voting” member. 3. Require the CVB to submit a financial report each month. 4. Change quarterly presentation to semi-annual presentation. 5. Reflect the new chamber management fee of $200 monthly. Resolution B-2049 incorporates all the recommended changes for this agreement.</p><p>Commissioner Preisinger moved to approve Resolution B-2049 as amended. Commissioner Gasbarre seconded the motion and was unanimously approved.</p><p>Resolution B-2050 Section Eight Management Assessment Program (Housing Authority) – City Clerk Logan asked to consider a resolution submitting the Section Eight Management Assessment Program (SEMAP) certification to the U.S. Department of Housing & Urban Development for the operation of the Housing Choice Voucher (Section 8) program. Section 8 Coordinator Tooley was present for any questions.</p><p>Commissioner Gasbarre moved to approve Resolution B-2050 as amended. Commissioner Urban seconded the motion and was unanimously approved.</p><p>Waiver of the Distance Requirement for a Temporary Liquor Permit – City Clerk Logan asked to consider a waiver of the requirement that prohibits alcoholic liquor from being sold or served from a location within three hundred (300) feet of any church, school, nursing home, library or hospital. Leo Fink on behalf of the church, requested approval of the application for the Temporary Liquor Permit to be issued at Immaculate Conception church, 711 N 5th Street on March 10, 2013; and St. Joseph Church at 306 N. Broadway, June 8, 2013 for their annual fund raising events.</p><p>Leavenworth City Commission Meeting - 1 - February 12, 2013 Commissioner Urban moved to approve the Temporary Liquor Permit to be issued at Immaculate Conception church, 711 N 5th Street on March 10, 2013; and St. Joseph Church at 306 N. Broadway, June 8, 2013 for their annual fund raising events, as presented. Commissioner Moulden seconded the motion and was unanimously approved. </p><p>Request for Waiver of Sidewalk Construction 1812 Dakota Street – Public Works Director McDonald stated the issue is to consider the request from Roger Scott for a waiver of the sidewalk requirements associated with the building permit for 1812 Dakota Street. Mr. McDonald reviewed:  Mr. Scott owns property located at 1812 Dakota Street and is building a new home on that lot. All building permits are reviewed for sidewalk requirements as part of the building permit process.  Mr. Scott and the Hesser family were informed that this house would require a sidewalk.  Staff received a request from Mr. Scott that he not be required to construct a sidewalk at 1812 Dakota Street.  There are no east / west sidewalks on Dakota between 18th and 20th Street; there are sidewalks on the south side of Dakota between 16th and 18th Street. Mayor and Commissioners discussed: drainage ditch in the area, cost to construct the sidewalk, limited sidewalks in the area; high berm and no need for the sidewalk.</p><p>Commissioner Gasbarre moved to grant the sidewalk waiver for property located at 1812 Dakota Street. Commissioner Moulden seconded the motion and was unanimously approved. </p><p>Request for Waiver of Sidewalk Construction 1619 2nd Avenue – Public Works Director McDonald stated the issue is to consider the request from Dennis Rodgers for a waiver of the sidewalk requirements associated with the building permit for 1619 2nd Avenue. Mr. McDonald reviewed:  Mr. Rodgers owns property located at 1619 2nd Avenue and built a new home on that lot. All building permits are reviewed for sidewalk requirements as part of the building permit process.  Mr. Rodgers was informed that this house would require a sidewalk.  Staff received a request from Mr. Rodgers that he not be required to construct a sidewalk at 1619 2nd Avenue.  There are north / south sidewalks on the west side of 2nd Avenue; 2nd Avenue is a residential street and would normally require sidewalks on one side only.  Staff continues to support construction of a sidewalk. Commissioner Preisinger moved to grant the sidewalk waiver for property located at 1619 2nd Avenue. Commissioner Urban seconded the motion and was unanimously approved.</p><p>Mayor's Appointments to Convention and Tourism Committee and Youth Advisory Commission - Mayor Dedeke recommended the following appointments:  Convention and Tourism Committee - Reappoint Adrian Cruz to term ending 1-31-2016; and appoint Wendy Scheidt to a term ending 1-31-2015  Youth Advisory Board – Appoint the following students: o Megan Kelly 17, Leavenworth High School term ending 6-30-2015 o Rebecca Reilly 16, Leavenworth High School term ending 6-30-2016 o Jonathan Bochtler 15, Leavenworth High School term ending 6-30-2017 o Scott Frymire 15, Leavenworth High School term ending 6-30-2017 o Alex Karrasch 15, Leavenworth High School term ending 6-30-2017 o Kimberly Freeman 14, Leavenworth High School term ending 6-30-2018 o Gabrielle Frymire 14, Leavenworth High School term ending 6-30-2018 o Armani Hooks 14, Leavenworth High School term ending 6-30-2018 o Cole Humble 14, Immaculata High School term ending 6-30-2018</p><p>Leavenworth City Commission Meeting - 2 - February 12, 2013 o Daniel Butler 13, Warren Middle School term ending 6-30-2019 Mayor Dedeke moved to approve the appointments as presented. Commissioner Gasbarre seconded the motion and was unanimously approved.</p><p>Leavenworth County Port Authority – City Clerk Logan stated on January 24, 2013 the Leavenworth County Commissioners approved the appointment of Charlie Hill for a term ending January 1, 2017 to the Leavenworth County Port Authority. Ordinance No. 5897 established the joint Port Authority with the City and Leavenworth County. The appointment must also be confirmed by the City Commission.</p><p>Mayor Dedeke moved to approve the appointment of Charlie Hill for a term ending January 1, 2017, as presented. Commissioner Gasbarre seconded the motion and was unanimously approved. </p><p>2013 Federal Legislative Program – City Manager Miller stated that at the February 5, 2013 Study Session reviewed the legislative program. He requested approval of the City's 2013 Federal Legislative Program. In compiling and drafting the program, staff reviewed information from the National League of Cities (NLC), US Conference of Mayors (USCM), and current legislation under consideration by the 113th United States Congress, first session. Many of the positions mirror those taken by the NLC and USCM while others are specific to the Leavenworth local area. The positions address issues which would directly impact the City of Leavenworth's municipal operation or service delivery if enacted or funded. The Federal Legislative Program also includes three (3) major capital projects within the City of Leavenworth: 1. Replacement of the Centennial Bridge and the widening of MO-92; and 2. Federal funding of a new prison facility and camp on the grounds of USP-Leavenworth; and 3. Funding of a permanent flood protection wall along the rear perimeter of the Riverfront Community Center. City Manager Miller also discussed the nutrient removal issues and unfunded mandates; and the language concerning the Centennial Bridge needs to be modified. He stated that Governor Brownback announced that the Centennial Bridge will be one of five projects located in the northeast section of the State of Kansas moving forward for preliminary engineering through the Kansas Department of Transportation. As Governor Brownback stated, the preliminary engineering is an engagement phase and it means that the projects are moving forward. He also discussed the VA Medical Center and the joint hospital with the Department of Defense. He asked the City Commission for formal approval of the legislative program.</p><p>Commissioner Urban moved to approve the 2013 Federal Legislative Program, as presented. Commissioner Gasbarre seconded the motion and was unanimously approved. </p><p>User or League Fees for Parks and Recreation – Parks and Recreation Director Anderson reviewed the recommended modifications to the current facility user contracts for user fees and/or leagues. Staff and the Parks and Recreation Advisory Board made recommendations to the following: 1. American Legion league user fee for use of Sportsfield. 2. Field rental fee at Sportsfield, Cody Park, and Hawthorn Park for non-league games. 3. Field rental fee at Sportsfield, Cody Park, and Hawthorn Park for tournaments. 4. Field dressing fee for tournament games and or non-league games. 5. Non - resident fees. 6. Admission fee into Sportsfield. 7. Increase in adult softball league fees. 8. Geiger Readi-Mix Competitive Baseball League. Staff met with the American Legion representatives on December 6, 2012 to discuss fees, their game schedule, field usage and maintenance, gate fees, contraband rules, supervision, and equipment. Parks and Recreation Advisory Board recommended the following: 1. American Legion User Fee at Sportsfield: The City of Leavenworth Parks and Recreation Advisory Board and Staff are recommending a $50 usage fee per night for 30 dates to be paid a minimum of 24 hours prior to their season. Permit the American Legion to allow their players to drag and post the field and dugouts </p><p>Leavenworth City Commission Meeting - 3 - February 12, 2013 after each game night. Further recommend three free practice dates prior to their season, and the City will provide storage for their field maintenance and sound equipment in the first base dugout storage area. 2. Field Rental Fee for Sportsfield, Cody, and Hawthorn for Non - League Games: A rental fee of $50 per day /per field (to include lights) and pay a minimum of 24 hours prior to scheduled date. 3. Field Rental Fee for Sportsfield, Cody, and Hawthorn for Tournaments: A rental fee of $125 per day /per field (to include lights) and pay a minimum of 24 hours prior to scheduled date. 4. Field Dressing Fee for Tournament Games and/or Non - League Games. An optional fee of $20 per hour for the duration of the tournament and/or non - league games. 5. Non - Resident Fee Participation Fee: No increase in non - resident fees. 6. Admission Fee to Sportsfield: No fee. 7. Increase in Adult Softball League Fees: An increase in the league fee by $45 to cover the cost of field supervision. Current league fee is $295 resident and $350 non - resident. New fee $340 resident and $395 non-resident. 8. Geiger Readi -Mix Competitive Baseball League: Proposed new competitive baseball league in our youth sports program for youth between the ages of 14 -16 years old. This league will host a maximum of 10 teams. Parks will register by teams and not by individuals. Teams are being invited from the Kansas City Metro area and surrounding counties. League teams are not limited to the Leavenworth area. Per team registration fee is $1,000 to be paid a minimum of 24 hours prior to season opener. This fee will be used to help with field maintenance, complex upkeep, game balls, and umpires. Games will be played on Sportsfield #1 and Field #2.</p><p>Keith Melick with the American Legion agreed with all the fees recommended. He also stated that the City will receive 50 percent of tournament gate fees.</p><p>Commissioner Preisinger asked about the Geiger Readi-Mix Competitive Baseball League with twenty (20) play dates and 10 teams. Mr. Preisinger discussed the tournament or registration fees and requiring payment 24 hours prior to the games. Mayor Dedeke asked how far in advance do teams reserve and Ms. Anderson explained the process.</p><p>Mayor and City Commissioners appreciated the work by the staff, Parks and Recreation Advisory Board and the American Legion. </p><p>Commissioner Gasbarre moved to approve the fees recommended for the Parks and Recreation as presented. Commissioner Urban seconded the motion and was unanimously approved. </p><p>Contract No. 2011-23 (Change Order) Amendment with Treanor Architects for Design of Riverfront Community Center Exterior Repair Project – Public Works Director McDonald recommended the contract amendment with Treanor Architects be approved in an amount not to exceed $25,000. He highlighted:  KDOT Transportation Enhancement (TE) Grant for the repair /replacement of the sandstone exterior of the Riverfront Community Center. The City is responsible for providing plans and specifications.  The City Commission awarded a design contract to Treanor Architects P.A. to prepare plans and specifications, for a single phase project, in the amount of $122,540 on April 12, 2011.  Preliminary assessment research it was determined the extent of the project and the difficulty in constructing exceeded the original estimates far in excess of the City and KDOT Grant Funding.  City Commission discussed on December 5, 2012 and January 15, 2013 and staff was directed to revise the plans to reflect a phased approach.  Proposal from Treanor Architects for additional $25,000 to complete the plans and specifications.  Discussed bidding the whole project (single set of plans) versus phasing the project and the cost to modify the plans for phasing the project. o Put together a set of specifications for the $1,335,000 to utilize the grant from KDOT o Cost of change order is $25,000 and is around 20 percent o Change orders concerning the project and phasing the project</p><p>Leavenworth City Commission Meeting - 4 - February 12, 2013 o Architects will take a few months to change the project to a phased project . West frontage to use the KDOT Grant and meet the requirements . Project must be under construction by June 2014 . Discussed the complete set of plans at a cost of $122,540 and why the plans could not be pieced for phasing the project Commissioner Gasbarre moved to approve the contract amendment with Treanor Architects in an amount not to exceed $25,000. Commissioner Preisinger seconded the motion and was approved 4-1 No: Moulden. </p><p>2014 Truck Cab and Chassis with Roll Off Hoist – Street Superintendent Davis recommended to accept the lowest qualified bid from Diamond International for one (1) 2014 Cab and Chassis with a Roll -Off Hoist in the amount of $147,654.00 to include a 5 year warranty on the engine and transmission. The 1986 Ford Roll-off Truck will be traded in and the value is included in the bids. The following bids were received: Diamond International $153,654.00 less trade-in $6,000.00 = $147,654.00 American Equipment Co. $155,850.00 less trade-in $6,000.00 = $149,850.00 Westfall O'Dell Truck Sales $160,513.09 less trade-in $6,000.00 = $154,513.09 Westfall O'Dell Truck Sales $159,200.00 less trade-in $6,000.00 = $153,200.00 Westfall O'Dell Truck Sales $158,950.00 less trade-in $6,000.00 = $152,950.00 KC Freightliner $157,919.00 less trade-in $6,000.00 = $151,919.00 Commissioner Gasbarre moved to approve the lowest qualified bid from Diamond International for one (1) 2014 Cab and Chassis with a Roll -Off Hoist in the amount of $147,654.00 to include a 5 year warranty on the engine and transmission. Commissioner Urban seconded the motion and was unanimously approved. </p><p>Contract No. 2013-05 5 Mile Creek Sewer Crossing at the Wastewater Treatment Plant – Deputy Public Works Director Patzwald recommended that the Commission approve the low bid submitted by Baker Construction in the amount of $196,116.65 for this project. The following bids were received:  Baker Const. Leavenworth, KS $196,116.65  LEXECO Leavenworth, KS $197,851.88  Jay's Plumbing Kansas City, KS No Bid Submitted  ESI Contracting Kansas City, KS No Bid Submitted  Amino Brothers Constr. Kansas City, KS No Bid Submitted  Engineer's Estimate $188,496.50 Mr. Patzwald stated this is for replacement of the sanitary sewer crossing and the bank stabilization along the creek at the Wastewater Treatment Plant upstream from 2nd Street.</p><p>Commissioner Preisinger moved to approve the contract with Baker Construction in an amount not to exceed $196,116.65, as presented. Commissioner Urban seconded the motion and was unanimously approved. </p><p>Kansas Legislative Bills (HB and SB) – City Manager Miller stated he was alerted by the League of Kansas Municipalities and Department Directors of the following legislative bills that are being discussed in committee that if they are eventually passed /adopted would impact the City of Leavenworth in a negative manner:</p><p> SB 109 would prohibit cites from using public funds to lobby and would prohibit cities from paying dues toward association, like the League, that lobby the state. This bill would end up forcing cities to employ personnel to engage in lobbying efforts on behalf of the city. As the League states, this bill would serve only to silence the voices of local government and have a negative impact on intergovernmental relationships.</p><p> HB 2188 would require each not - for - profit entity that receives public funds in an aggregated amount of $350 or more per year to document the receipt and expenditure of such funds and be published on the entity's web site and the web site of the government entity providing such public funds. This bill would place an undue burden on the cities to make sure that the documentation requirements are met.</p><p>Leavenworth City Commission Meeting - 5 - February 12, 2013  HB 2072 and HB 2074 would implement requirements in reference to solid waste services. o HB 2072 would prohibit cities from providing solid waste services outside their incorporated limits. o HB 2074 would prohibit cities from adopting any restrictions on solid waste disposal areas within their boundaries if such restrictions would supersede or impair the local legislation of another city or county being serviced by the same solid waste disposal area.</p><p> HB 2047 amends KSA 2012 regarding local budgets and taxation by adding the following language: . If the total tangible property valuation in any municipality increases from the next preceding year due to increases in the assessed valuation of existing tangible property, the governing body shall lower the amount of ad valorem tax to be levied to the amount of ad valorem tax levied in the next preceding year. o This language could easily be interpreted as a limitation on a city's ability to increase ad valorem taxes. In order to clarify this language does not amount to a property tax lid, the League recommends a declaratory statement be inserted following this language making it clear that municipalities can increase their ad valorem taxes if the City Commission takes a majority vote and publishes that vote in the county newspaper. . Commissioner Preisinger stated that he was against limiting City taxes and he thought this would handcuff the City. He stated we have the authority to levy taxes and this decision should be the City’s. He does not support HB 2047 and believes that we should oppose the bill. Mayor and City Commissioners agreed to oppose HB 2047. Commissioner Urban moved to approve the recommendation that the City Commission oppose SB 109 (prohibiting the use of public funds for lobbying), HB 2188 (requiring the reporting of public funds of not-for- profits); oppose HB 2071/2074 (solid waste services); and oppose HB 2047 (local budgets and taxation). Commissioner Gasbarre seconded the motion and was unanimously approved. </p><p>Other Items Consent Agenda: Claims for January 19, 2013 through February 8, 2013 in the amount of $2,356,744.11; Net payroll #2 dated January 25, 2013 in the amount of $309,239.36 (Net Police and Fire pension payroll $15,663.92); and Net payroll #3 dated February 8, 2013 in the amount of $298,537.14. Commissioner Urban moved to approve the consent agenda, as presented. Commissioner Gasbarre seconded the motion and was unanimously approved. </p><p>Commissioner Preisinger stated that we no longer have an ordinance against littering and that there are some areas very bad. There are not any “no littering signs” in the City and he suggested enforcing littering. City Attorney Dawson stated he will get sample ordinances and this can be placed on a Study Session in the future. He also spoke about Henry Leavenworth School located off 20th Street Trafficway and the problem with traffic lining up in the “no parking” areas. Mr. Preisinger explained the traffic patterns near Henry Leavenworth School and some dangerous situations. </p><p>Mayor Dedeke mentioned the Open House at the Wastewater Plant on February 13, 2013.</p><p>Adjourn - Commissioner Urban moved to adjourn. Commissioner Preisinger seconded the motion and was unanimously approved.</p><p>Time Meeting Adjourned: 8:19 p.m. Minutes taken by City Clerk Karen J. Logan, MMC</p><p>Leavenworth City Commission Meeting - 6 - February 12, 2013</p>