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

Transcription

1 CITY OF LEAVENWORTH 100 N. 5th Street Leavenworth, Kansas City Commission Regular Meeting Commission Chambers Tuesday, October 13, :00 p.m. CALL TO ORDER - The Governing Body met in regular session and the following commission members were present: Mayor Lisa Weakley, Commissioners Nancy Bauder, Mark Preisinger and Charles Raney Absent: Mayor Pro-tem Larry Dedeke Others present: Acting City Manager Paul Kramer, Public Works Director Mike McDonald, Deputy Public Works Director Mike Hooper, H.R. Director Lona Lanter, Police Chief Pat Kitchens, Fire Chief Gary Birch, City Planner Julie Hurley, City Attorney Tom Dawson, Deputy City Clerk Carla Williamson and City Clerk Karen J. Logan. Mayor Weakley opened the meeting with the pledge of allegiance followed by silent meditation. PROCLAMATIONS: Proclamation for Domestic Violence Awareness Month October 2015 Mayor Weakley read and presented the proclamation for Domestic Violence Awareness month to Board Member Lawrence Henderson with Alliance Against Family Violence. Mr. Henderson thanked the Mayor, invited everyone to observe this awareness and to continue to serve our community. Food Day October 24, 2015 Mayor Weakley read the proclamation and it was presented to Bill Kromer with the Leavenworth Farmer s Market. Mr. Kromer thanked the Commission for recognizing Food Day and mentioned various organizations that participate in the market which includes a variety of food to the community. Military Retiree Appreciation Day October 25, Mayor Weakley read the proclamation and was presented to Norm Greczyn with the Military Retiree Association. He accepted the proclamation and thanked the community for taking good care of the military. Community Planning Month October Mayor Weakley read the proclamation and was presented to City Planner Hurley. She thanked the City Commission and accepted the proclamation on behalf of the City Planning and Community Development Department. Lights On After School Day October 22, Mayor Weakley read the proclamation and was presented to Kim Taylor with Horizon Kids Before and After School Programs. She accepted the proclamation and thanked the City Commission for the recognition; then explained the Horizon Kids Before and After School Programs. OLD BUSINESS: Consideration of Minutes: Commissioner Preisinger moved to approve the September 22, 2015 regular meeting minutes, as presented. Commissioner Raney seconded the motion and was unanimously approved. Second Consideration Ordinance: Ordinance No Wastewater Rate Increase Acting City Manager Kramer stated there were no changes to the ordinance and was now presented for the roll call vote. Mayor Weakley called for the roll call vote and Ordinance No was unanimously approved. Ordinance No Amend Chapter 110 Article III. Parking, Stopping & Standing Acting City Manager Kramer stated there were no changes to the ordinance and was now presented for the roll call vote. Police Chief Kitchens explained the permanent changes made to 19 th Street Terrace during school hours and he would check to confirm this is the correct street. Mayor Weakley called for the roll call vote and Ordinance No was unanimously approved. Leavenworth City Commission Meeting October 13, 2015 Page 1

2 NEW BUSINESS: Citizen Participation: John Carroll discussed the elected officials and time they spend on city business. He also mentioned the current employee vacancies and the need to promote from within. Mr. Carroll spoke about code enforcement issues; snow policies; grass control; mowing and administration fees; recommended talking with code enforcement staff and the need to give staff the tools necessary to do their job. He then promoted the Performing Arts Center and suggested attending those plays and programs. General Items: Consider Revisions to Personnel Policy for Residency Human Resource Director Lanter reviewed proposed policy revisions to the City Personnel Policies & Procedures Manual concerning residency requirements. She highlighted: Option 1 same as current policy city manager and assistant city manager must live within city limits and modifies the policy to allow department heads to live within Leavenworth County Option 2 defines truly just department heads; city manager and assistant city manager must live within city limits and modifies the policy to allow department heads to live within Leavenworth County Option 3 removes definition for department heads and residency only applies to city manager, assistant city manager and certain key positions as identified in specific job descriptions must live within the city City Attorney Dawson basically stated it is legal to identify specific requirements for residency requirements within job descriptions; he discussed issues from the 1970 s, legalities and court decisions. He stated the City Commission could define a residency policy for certain key positions and that it was legal. Commissioner Preisinger felt they could identify certain key positions such as city manager, assistant city manager, police chief, fire chief and public works director who would be required to live within the city. Acting City Manager Paul Kramer stated staff left the key positions vague and the decision up to the city commission. Commissioner Bauder would like to study this item more and only address the finance director position at this time. Mayor Weakley stated in 2008 we had a situation for hiring a candidate and trouble finding candidates to fill the positions; it was expanded to Leavenworth County; in 2014 the school district superintendent was not living in the community and this was why the city s policy was changed. Mayor Weakley discussed the hiring cycle again where we are filling a lot of positions due to retirements; some employees choose to live in a rural area; and she did not receive a lot of responses from the community. She would like to change the policy to require only the city manager and assistant city manager to live within the city. Finally, she added we need to make a timely decision. Commissioner Raney stated we need the best person for the job and he to felt the policy should be changed. Commissioner Preisinger moved to remove the residency requirements for the finance director. Commissioner Raney seconded the motion and was unanimously approved. Mayor Weakley stated the residency requirements will be on the next study session October 20, Mayor s Appointments to Airport Advisory Board and Youth Advisory Commission Mayor Weakley moved to appoint the following: Airport Advisory Board - appoint Brandon Johannes to a term ending Youth Advisory Commission - appoint the following members to terms ending : Leavenworth City Commission Meeting October 13, 2015 Page 2

3 Alise Boal, Leavenworth High School Anna Loch, Leavenworth High School Elizabeth Theus, Xavier Middle School Benjamin Kurz, Leavenworth High School Commissioner Bauder seconded the motion and was unanimously approved. Quarter Payment to Leavenworth County Development Corporation Acting City Manager Kramer stated that based on the quarterly report presented to the City Commission on October 6, 2015 he recommended payment for the second quarter in the amount of $12, Commissioner Bauder moved to approve the quarter payment to LCDC in the amount of $12, Commissioner Preisinger seconded the motion and was unanimously approved. Resolutions: Update on Resolution B-2105 Unsafe Structures City Planner Hurley stated staff compiled a list of structures which have been evaluated based upon the criteria established for unsafe and dangerous structures. The City Commission reviewed this list of 16 structures at the March 17, 2015 meeting and voted to remove one structure from the list, granted an extension until June 30, 2015 for work to be completed on six (6) structures, and place the remaining nine (9) structures on a list to begin the process for immediate demolition. On July 14, 2015 the City Commission reviewed the six (6) structures that had been granted an extension to June 30th. One property, a garage located at th Avenue was granted an additional 60 day extension for the owner to complete repairs th Avenue (garage ONLY) No additional work completed since July 14, Staff recommends the following possible actions for the structure: Motion to proceed with demolition Motion to remove property from demolition list o Mayor Weakley recommended proceeding with demolition of the garage. Commissioner Preisinger moved to proceed with demolition th Avenue (garage ONLY). Commissioner Raney seconded the motion and was unanimously approved. Resolution B-2119 Non-Profit Organization Event Alive After Five Event City Clerk Logan asked the City Commission to consider a resolution to authorize serving complimentary (free) alcoholic liquor or cereal malt beverages to members of the general public during the Alive After Five Events to be held at various businesses as sponsored by Leavenworth Main Street Program from November 2015 through October Kansas State statute K.S.A allows authorization to serve complimentary (free) alcoholic liquor or cereal malt beverages to members of the general public on the unlicensed premises of businesses by the business owner or owner's agent to a non-profit organization promoting the arts. Leavenworth Main Street Program which is a non-profit organization promoting the arts and is sponsoring the Alive After Five Events to be held on the first Thursday of each month between the hours of 4:00 p.m. to 10:00 p.m. commencing on November 1, 2015 through October 31, As required by K.S.A , the Director of Kansas Department of Revenue Alcoholic Beverage Control Division shall be notified at least ten (10) days prior to the event. The sponsor, Leavenworth Main Street Program or the businesses shall bear this responsibility. The Leavenworth Main Street Program would strictly control the activity. Marty Pope, President of Main Street Program, stated they were looking at a wine walk on December 3, 2015 as their first event. Commissioner Preisinger moved to adopt Resolution B-2119 Non-Profit Organization Event Alive After Five Event. Commissioner Raney seconded the motion and was unanimously approved. Resolution B-2120 Authorize Public Sale Series 2015-B Taxable General Obligation Bonds City Clerk Logan asked the City Commission to consider a resolution authorizing the public sale of the General Obligation Bonds, Series Leavenworth City Commission Meeting October 13, 2015 Page 3

4 2015-B for the Downtown Hotel Project with a cost estimate of $600,000. A Temporary Note B2013 was issued on October 28, 2013 for $840, for the Downtown Hotel Project and the note is maturing on December 1, As a result, it is necessary to issue general obligation bonds prior to the notes mature date. Estimate for the general obligation bonds is $600, which is the balance due since the closing of downtown hotel property. This would result in a ten (10) year bond with the first payment due in 2016 and the payoff of the bonds Commissioner Bauder moved to adopt Resolution B-2120 to authorize the public sale Series 2015-B Taxable General Obligation Bonds. Commissioner Preisinger seconded the motion and was unanimously approved. Bids, Contracts & Agreements: Sole Source to Purchase a Replacement Bomb Suit Police Chief Kitchens requested to authorize the purchase of a replacement bomb suit from MED-ENG, LLC for the amount of $27, The Leavenworth Police Department and Leavenworth County Sheriff combine to operate a bomb squad. Each agency provides officers and deputies for staffing and share expenses to sustain the unit. One specific piece of equipment used by the bomb squad is a bomb suit and our current unit has reached the end of its useful lifecycle. It has a normal life cycle of 7 years and this suit is currently 9 years old. This critical piece of equipment is used by members to visually inspect and mitigate hazardous devices. The Explosive Protection Suits provide the best technology in protection. All Explosive Technicians throughout the country have been trained on at the Hazardous Devices School operated by the FBI at Redstone Arsenal in Huntsville, Alabama. The MED-ENG manufactures the only EOD suit with SCBA capability, which is mandatory during any WMD chemical / nuclear / biological incident; compatible to existing equipment and systems. Commissioner Preisinger moved to authorize the purchase of a replacement bomb suit from MED-ENG, LLC in the amount of $27,778.00; fifty percent (50%) will be reimbursed by the Leavenworth County Sheriff's Office. Commissioner Raney seconded the motion and was unanimously approved. Contract No for Sewer Point Repair on Broadway Public Works Director Mike McDonald asked to consider approval of a contract with Westland Construction for an amount not to exceed $19, for a point sewer repair located behind 111 Broadway Street, Doris's Market. The Wastewater Pollution Control (WPC) staff inspected a sinkhole in the alley behind 111 Broadway. The television inspection revealed that the sanitary sewer line has heavy roots protruding into the line at feet from the upstream Manhole (0214) and damage to the top of the line in the same location requiring a point repair of the sanitary sewer line. Bids submitted: Westland Construction, Basehor, KS $19, Linaweaver Construction, Lansing, KS $ Larkin Construction, Lansing, KS $25, Commissioner Preisinger moved to approve a contract with Westland Construction for an amount not to exceed $19, Commissioner Bauder seconded the motion and was unanimously approved. Contract No for the 2015 Stone Arch Replacement Project Public Works Director Mike McDonald asked for approval of the low bid submitted by Linaweaver Construction for the 2015 Stone Arch Replacement Projects in the amount not to exceed $240, This project is to replace two failed stone arches: Marion Street - (between Spring Garden and Garland) The north half of the arch failed approximately 7 years ago. The intent of the project was to replace the entire arch. Due to some difficulties obtaining the necessary easements, only the portion that failed was replaced. Several years later, the south half of the Leavenworth City Commission Meeting October 13, 2015 Page 4

5 arch failed. The project was designed by MHS Engineers. Staff obtained the necessary easements and the project was bid on September 2, The low bid at that time was over the engineer's estimate by a considerable amount and all bids were rejected. Ottawa Street (East of 13th Street) The stone arch has failed on the north end in the roadway. The inlets have deteriorated to a condition of needing replaced. The project was designed by Napier Engineering, the necessary easements were obtained. The two projects were combined with the anticipation of obtaining better bids through a larger project. Some economy was achieved through the larger project. The bids are still greater than the engineer's estimate. Bids submitted: o Linaweaver Construction Lansing, KS $240, o MEGA Industries N. Kansas City, MO $252, o Wiedenmann, Inc Belton, MO $274, o LEXECO Leavenworth, KS $281, o Engineer's Estimate $219, Commissioner Preisinger moved to approve the contract with by Linaweaver Construction for the 2015 Stone Arch Replacement Projects in the amount not to exceed $240, Commissioner Bauder seconded the motion and was unanimously approved. Contract No Agreement with KDOT for Federal Fund Exchange Program Public Works Director Mike McDonald asked to consider the agreement with the Kansas Department of Transportation (KDOT) for the Federal Funds Exchange Program (FFE) for the fiscal years of 2013, 2014, and KDOT distributes the funding it receives from the Federal Highway Administration for use on local projects. In 2011, KDOT implemented a new program where cities would receive an annual distribution based on their population. A key part of the program is each city can decide to keep or exchange the Federal Funds at a 90% rate. The Federal Funds exchanged for KDOT funds can then be utilized by each participating city for a large variety of road improvement projects that fall within the contract guidelines. The current funds available to the City after the funds exchange is $974, Participating in the funds exchange program has the following major advantages for the city: 1. City would have complete control over where the exchanged Federal Funds were spent within the community for road improvements. 2. Items such as design, right-of-way, and utility relocation are eligible for funds use. 3. City would no longer be required to meet Federal Wage Guidelines for projects. 4. City would no longer be required to follow KDOT's design standards or inspection process for projects. At the June 16, 2015 Commission Meeting, staff identified three upcoming projects where the estimated construction cost are expected to exceed the budgeted funds through the Countywide Sales Tax and/or General Improvement Bonds. 1. Bridge on Cherokee Street west of 11th Street. This is a general Improvement Bond project and must be under construction in The current project estimate is $1,352, and is approximately $485, in excess of the available funding. Staff is proposing that a portion of the available FFE funds be used for any construction costs over the available City funding. 2. 4th Street and Poplar Widening and Signal Project. This is a KDOT project with funds from KDOT capped at $780, and Countywide Sales Tax contributing $346, The current project estimate is $1,328, and is approximately $202, in excess of the available funding. Staff is proposing a portion of the available FFE funds be used for any construction costs over the available City funding. 3. 2nd Street Bridge over 3 Mile Creek. The project started as a rehab project in 2003 being funded through KDOT. During plan production, it was determined that accelerated deterioration of the structure was taking Leavenworth City Commission Meeting October 13, 2015 Page 5

6 place and the project became a bridge replacement project. Due to the design requirements of KDOT, this project was changed to a total City funded project using Countywide Sales Tax in the amount of $222, The current project construction estimate is approximately $1,876, and is $1,653, in excess of available funding. We are proposing that the remaining portion of the available FFE funds be designated to the remaining costs of construction. The project is still $1,262, underfunded after using the remaining FFE funds. Commissioner Bauder moved to approve the agreement with the Kansas Department of Transportation (KDOT) for the Federal Funds Exchange Program for the fiscal years of 2013, 2014, and Commissioner Preisinger seconded the motion and was unanimously approved. CONSENT AGENDA: Claims for September 19, 2015 through October 9, 2015 in the amount of $1,424,278.94; Net payroll #20 dated October 2, 2015 in the amount of $288, (No Fire and Police Pension). Commissioner Bauder moved to approve the consent agenda, as presented. Commissioner Preisinger seconded the motion and was unanimously approved. Other Items: Commissioner Preisinger mentioned that the Hampton Inn will be open tomorrow, October 14, Commissioner Raney mentioned Grinders will open October 28, Adjourn Commissioner Preisinger moved to adjourn the meeting. Commissioner Bauder seconded the motion and was unanimously approved. Time Meeting Adjourned 8:17 p.m. Minutes taken by City Clerk Karen J. Logan, MMC Leavenworth City Commission Meeting October 13, 2015 Page 6