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

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1 CITY OF LEAVENWORTH 100 N. 5 th Street Leavenworth, Kansas CITY COMMISSION REGULAR MEETING COMMISSION CHAMBERS TUESDAY, FEBRUARY 28, :00 P.M. CALL TO ORDER - The Governing Body met in regular session and the following commission members were present: Mayor Nancy D. Bauder, Mayor Pro-Tem Mark Preisinger, Commissioners Charles Raney and Lisa Weakley; Absent Commissioner Larry Dedeke. Others present: City Manager Paul Kramer, Assistant City Manager Taylour Tedder, Finance Director Ruby Maline, Public Works Director Mike McDonald, Deputy Public Works Director Mike Hooper, Chief Building Inspector Harold Burdette, WPC Superintendent Chuck Staples, Superintendent of City Operations Ed Davis Jr., Parks and Recreation Director Steve Grant, Parks Superintendent Brian Bailey, City Planner Julie Hurley, Public Information Officer Melissa Bower, City Attorney Tom Dawson, Deputy City Clerk Cary Collins and City Clerk Carla Williamson. Mayor Bauder opened the meeting with the pledge of allegiance followed by silent meditation. OLD BUSINESS: Consideration of Previous Meeting Minutes: Commissioner Weakley moved to approve the minutes from the February 14, 2017 regular meeting. Commissioner Raney seconded the motion and was NEW BUSINESS: Citizen Participation: Mike Lodey addressed the Commission stating that he just arrived in town a few weeks ago. He asked the Commission what is the City s plan for people looking for $20.00 per hour wage jobs and keeping better jobs in the City. The Commission stated that the City does have an Economic Development Plan and looking for new businesses; discussed the Economic Development Incentive Policy on the agenda and the second industrial park. Jeff Pittman 41 st District - gave an update on the legislative agenda to include sign regulations which passed in the house; T-Works, KPERS, Tax lid on municipalities; increase alcohol and gas taxes; Children s Initiative Fund. General Items: Request to Reduce Special Assessment Fees, 1116 Osage City Clerk Carla Williamson presented for consideration a request from Josh Pierce to reduce the Special Assessment fees on the property he purchased at the December 2016 County Tax Sale. The property is located at 1116 Osage. The Special Assessments total $1, Charges are as follows: Date of Mowing Mowing Cost Admin Fee Total Fee July 6, 2015 $29.09 $ $ October 11, 2015 $23.92 $ $ May 2, 2016 $29.09 $ $ May 27, 2016 $29.09 $ $ June 30, 2016 $29.09 $ $ Total Fees $ $1, $1, Leavenworth City Commission Meeting, February 28, 2017 Page 1

2 Mr. Pierce addressed the Commission. Commission Preisinger asked Mr. Pierce if he was aware of the assessments on the property when he purchased it. Mr. Pierce said he was aware of the assessments. He owns the adjoining property and would have mowed it himself had he known the fees were so high. He stated that he had sprayed the property for weeds to try to keep the weeds from getting so bad. He is interested in buying other property in the area to keep it maintained. Commissioner Preisinger moved to reduce the Special Assessment fees on the property at 1116 Osage to $ Commissioner Weakley seconded the motion and was Proposed Bakery at 510 S. 5 th Street Consider Construction of an ADA Ramp in the Public Right-of-Way Public Works Director Mike McDonald presented for consideration allowing the construction of an ADA compliant access ramp in Public Right of Way for the proposed Bakery at 510 S. 5 th Street. Mr. Peak is requesting that the City allow construction of the ramp in the Public Right-of-Way in front of 510 S. 5 th Street which will also cross over to the front of 512 S. 5 th Street. Mr. Peak owns both properties. The ramp will be 4 wide and 17 long and will not impact the existing sidewalk. Mr. Peak addressed the City Commission and discussed the plan to open a Bakery. Commissioner Preisinger moved to allow construction of the ADA compliant access ramp in the public right of way at 510 S 5 th as presented. Commissioner Raney seconded the motion and was First Consideration Ordinance Special Use Permit 510 S. 5 th Street City Planner Julie Hurley presented for first consideration an ordinance allowing a Special Use Permit (SUP) for a bakery in a district zoned OBD (Office Business District). The Planning Commission considered the application at their February 6, 2017 meeting and voted unanimously to recommend approval of the SUP. The BZA met on January 23, 2017 and voted unanimously to approve the variance to allow a reduction in the required number of parking spaces for the site. There was a consensus by the City Commission to place the Ordinance on First Consideration. Mayor s Appointments Grow Leavenworth County Development Corporation Mayor Bauder recommended the appointment of Kim Baker to an unexpired term ending May 31, Commissioner Preisinger seconded and the motion and was Proposed Economic Development Incentive Policy Assistant City Manager Taylour Tedder presented the Economic Development Incentive Policy for approval. The policy was reviewed at the January 17 th and February 21, 2017 Study Sessions. Commissioner Weakley moved to approve the Economic Development Incentives Policy as presented. Commissioner Preisinger seconded the motion and was Resolutions: Resolution B-2164 to Set Public Hearing for First City Hotel Improvement District Community Improvement District (CID) - City Clerk Carla Williamson presented for consideration Resolution B This resolution sets the public hearing date as Tuesday March 28, 2017 to hear public comments concerning the creation of a CID within the City and declaring the intent of the City to levy a CID sales tax for the First City Hotel Improvement District. Commissioner Weakley moved to approve Resolution B-2164 to set the public hearing for March 28, Commissioner Raney seconded the motion and was Leavenworth City Commission Meeting, February 28, 2017 Page 2

3 Resolution B-2165 Annual Stormwater Report for 2016 Public Works Director Mike McDonald presented for consideration the 2016 Annual Stormwater Report and to consider adoption by Resolution B The City is required by KDHE and EPA to submit an annual report to review the status of the activities identified in the Stormwater Management Plan (SMP). The current SMP was adopted in Commissioner Preisinger moved to adopt Resolution B-2165 adopting the Annual Stormwater Report for Commissioner Raney seconded the motion and was Bids, Contracts and Agreements: Consider Sole Source Purchase Ultraviolet Lamps from Ray Lindsey Co. Public Works Director Mike McDonald presented for consideration the sole source purchase of UV lamps and associated parts from Ray Lindsey Company at a cost not to exceed $65, The City has a contract with Trojan Technologies and under that contract the City can purchase new lamps at a discounted price until December of Commissioner Weakley moved to approve the sole source purchase of 480 UV lamps and associated parts from Ray Lindsey Company for a cost not to exceed $65, Commissioner Preisinger seconded the motion and was Consider Bids for Two 4 x 4 Pick-ups for Public Works Department Deputy Public Works Director Mike Hooper presented for consideration the bids for two (2) replacement vehicles. One vehicle is for the engineering technician and on is to replace the utility locate vehicle that was damaged in an accident. Bids were opened on February 21, 2017 and were as follows: Henry Martens Chevy Leavenworth, KS $54, Olathe Dodge Olathe, KS $55, Landmark Dodge Independence, KS $49, The bid from Henry Martens Chevrolet exceeds the 1% local vendor clause allowed in the Purchasing Policy and is not eligible to use the local preference clause. Staff recommends the purchase from Landmark Dodge in the amount of $49, plus $ for one repair manual for a total of $49, Commissioner Preisinger moved to approve the purchase of two 2017 Dodge Ram 1500 regular cab 4 x 4 pickups from Landmark Dodge for an amount not to exceed $49, Commissioner Raney seconded the motion and was Consider bids for Double Drum Asphalt Roller Superintendent of City Operations Ed Davis Jr. presented for consideration the bids for a Double Drum Asphalt Roller from Victor L. Phillips Company in the amount of $29, Bids were opened on February 17, 2017 and were as follows: Victor Phillips Topeka, KS $29, Foley Equipment Wichita, KS $32, Commissioner Preisinger moved to approve the purchase of the double drum asphalt roller from Victor L Phillips in an amount not to exceed $29, Commissioner Raney seconded the motion and was Leavenworth City Commission Meeting, February 28, 2017 Page 3

4 Consider Bids for Mower Replacement for Parks Department Parks Superintendent Brian Bailey presented for consideration the bids for the mower replacement. Staff recommends accepting the low bid from Kansas Golf & Turf for the Jacobsen Model HR800 in the amount of $77, The bids were opened on February 10, 2017 and the bids were as follows: Professional Turf Products Euless, TX $87, Kansas Golf and Turf Lenexa, KS $77, Commissioner Weakley moved to approve the bid from Kansas Golf & Turf for the purchase of the Jacobsen Model HR800 not to exceed $77, Commissioner Raney seconded the motion and was Consider Bids for Wollman Aquatic Center Repaint and Recaulk Parks and Recreation Director Steve Grant presented for consideration the bids for repainting and recaulking both pools at the Wollman Aquatic Center. Staff recommends approving the bid from Dayco Painting Inc. in the amount of $42, Bids were opened on February 16, 2017 and were as follows: Dayco Painting Grandview, MO $42, J.F. McGivern Inc. Topeka, KS $42, Commissioner Preisinger moved to award the bid to Dayco Painting in the amount of $42, for the Wollman Pool project. Commissioner Weakley seconded the motion and was First Consideration Ordinances: First Consideration Ordinance Special Use Permit Child Care Center 3611 Shrine Park Road City Planner Julie Hurley presented for placing on first consideration an ordinance allowing a Child Care Center at 3611 Shrine Park Road. The Planning Commission considered the application at their February 6, 2017 meeting and it was There was a consensus by the City Commission to place the Ordinance on First Consideration. First Consideration Ordinance Amending Appendix E; Development Regulations, Article 8, Signs City Planner Julie Hurley presented for placing on first consideration an ordinance amending Appendix E; Development Regulations, Article 8, Signs. The Planning Commission discussed the desired changes at their September 12, 2016 meeting and a sub-committee was formed. The sub-committee worked to make recommended changes and were reviewed at the December 5, 2016 Planning Commission meeting. The final draft was considered at the February 6, 2017 Planning Commission meeting and voted unanimously to recommend approval of the regulations as presented. Notable Changes include: Elimination or consolidation of unnecessary or repetitive language Clarification of confusing language Reduction in the maximum allowable size for wall and freestanding signs in commercial and industrial districts Limit of one wall sign for each side of a structure in commercial and industrial districts Refinement of regulations regarding Electronic Message Center signs Requirement to remove sign structure within 6 months of abandonment Leavenworth City Commission Meeting, February 28, 2017 Page 4

5 There was a consensus by the City Commission to place the Ordinance on First Consideration. Update on Litigation Osage Street City Planner Julie Hurley updated the Commission on the structure at 800 Osage that the City Commission voted to leave on the list for demolition at the November 1, 2016 meeting under Resolution B Litigation was filed by the property owner to halt any further action by the City in regards to demolition of the structure. The City s Insurance carrier, One Beacon appointed Christopher Nelson as counsel to represent the City in this matter. Counsel has proposed that the property owner be given a time frame of 6 weeks to complete the following repairs stipulated on a remediation agreement. The repairs to be are: complete roof replacement and complete window and door repair/replacement. If at the end of 6 weeks, the property owner has completed the tasks, we will stay the litigation until May 9, 2017 with the agreement that the property owner complete all remaining tasks listed on the Remediation Agreement to bring the property into compliance. The case will be dismissed and the property removed from the Dangerous Structure list. If the property owner fails to complete the tasks stipulated in the first 6 weeks, counsel will proceed with litigation. Commissioner Preisinger moved to approve the proposed offer regarding pending litigation related to 800 Osage for presentation to property owner as presented. Commission Weakley seconded the motion passed 3-1 with Mayor Bauder voting no. CONSENT AGENDA: Claims for February 11, 2017, through February 24, 2017 in the amount of $2,145,217.21; Net amount for Pay #4 effective February 17, 2017 in the amount of $306, (Including Fire & Police Pension $11,401.34). Commissioner Weakley moved to approve the consent agenda, as presented. Commissioner Preisinger seconded the motion and was OTHER ITEMS: Commissioner and City Manager Comments: Commissioner Preisinger commented on two candidates filing for City Commission who were present at the meeting. City Manager Paul Kramer asked the City Commission about dates for the Goal Setting Session. The Commission agreed on April 12, 2017 from noon to 5:00. Mr. Kramer also reminded the Commission that he would be talking to the County Commission on Monday regarding the Business and Technology Park and the plan of the City taking the lead on the park to include the bidding of the project. Commissioner Preisinger wanted to applaud City Manager Kramer for his presentation on the Industrial park to the County this past week. Adjourn: Commissioner Weakley moved to adjourn the meeting. Commissioner Preisinger seconded the motion and was Time Meeting Adjourned 8:02 p.m. Minutes taken by City Clerk Carla K. Williamson, CMC Leavenworth City Commission Meeting, February 28, 2017 Page 5