Mayor Dedeke 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, NOVEMBER 22, :00 P.M. CALL TO ORDER - The Governing Body met in regular session and the following commission members were present: Mayor Larry Dedeke, Mayor Pro-Tem Nancy Bauder, Commissioners Mark Preisinger, Charles Raney and Lisa Weakley. Others present: City Manager Paul Kramer, Assistant City Manager Taylour Tedder, Finance Director Ruby Maline, Human Resources Director Lona Lanter, Police Chief Pat Kitchens, Fire Chief Gary Birch, Public Works Director Mike McDonald, Deputy Public Works Director Mike Hooper, City Planner Julie Hurley, Parks and Recreation Director Steve Grant, Chief Building Inspector Hal Burdette, IT Department Amy Peters, WPC Superintendent Chuck Staples, City Attorney Tom Dawson, and City Clerk Carla Williamson. Mayor Dedeke opened the meeting with the pledge of allegiance followed by silent meditation. PRESENTATIONS AND AWARDS: Presentation of Employee Service Awards Mayor Dedeke recognized the following employees who reached a milestone in their career with the City of Leavenworth. These employees are being recognized for their faithful, dedicated, loyal and continuous service to the City. Ten Year Awards Wendy Cook, Police Sergeant Eric Heim, Fire Driver/Operator (not present) Shelly Kiehl, Records Clerk Mark Matzeder, Brush Site Operator Jeff Porter, Fire Driver/Operator Nick Verbenec, Firefighter Twenty-five Year Awards Kevin Valencia, Fire Driver/Operator Mayor Dedeke also recognized the following individuals for their milestone achievements as listed below: 15 Years of Service Hal Burdette, Chief Building Inspector Lee Burleson, Zoning & Code Administrator Cory Langford (Retired) Police Officer II (not present) Kevin Metzgar, Police Officer III Tammy Metzgar, Community Center Manager (not present) Neil Vogel, Police Sergeant I 20 Years of Service Scott Bastian, Court Bailiff I Kevin Crim, Police Lieutenant Debbi Gillespie, Senior Court Clerk Mark Jacobson, Fire Captain Dan Nicodemus, Deputy Police Chief Bob Pennington, Park Mechanic Leavenworth City Commission Meeting, November 22, 2016 Page 1

2 Mike Shore, Deputy Fire Chief Eric Sundblom, Fire Driver/Operator (not present) Chris Wolters, Fire Battalion Chief (not present) New Employee Welcome Ceremony Mayor Pro-Tem Bauder welcomed the newly hired regular full time and part time City of Leavenworth employees. Robert Scoda-Police Officer Harry (Mike) Hercules-WPC Operator I (not present) Zachary Farr-Solid Waste Collector Loyd Yonts-Solid Waste Collector (not present) Jacqueline Cormier-Police Officer Kaleb Ketchum-WPC Operator I (not present) Darrel Koch-Streets Equipment Operator I Drake Butler-Parks Technician I (not present) OLD BUSINESS: Consideration of Previous Meeting Minutes Commissioner Bauder moved to approve the November 8, 2016 Regular Meeting minutes. Commissioner Weakley seconded the motion and was unanimously approved. Tabled Items from Previous Meeting: Contract No Consider Agreement on Retaining Wall 3713 Lakeview (tabled from October 11, 2016 Meeting): City Manager Paul Kramer presented for consideration an agreement between the owner of the property at 3713 Lakeview, Pamela K. Henderson and the City of Leavenworth. The item was reviewed and tabled at the October 11, 2016 meeting. The retaining wall was built on City right-of-way. An agreement was drafted and agreed to by Staff and the property owner. Commissioner Weakley moved to approve the agreement relating to the retaining wall at 3713 Lakeview as presented Commissioner Preisinger seconded and the motion and was unanimously approved. NEW BUSINESS: Citizen Participation: General Items: Massage Establishment License-2920 S 4 th Street City Clerk Carla Williamson presented for consideration an application for a massage establishment at 2920 S 4 th Street, Oriental Massage. The application has been approved by the Police Department and Sanitation Officer. Commissioner Preisinger moved to approve the massage establishment business license for Oriental Massage at 2920 S 4 th Street effective November 22, Commissioner Bauder seconded and the motion and was unanimously approved. First City Hotel Second Plat and Alley Vacation City Planner Julie Hurley presented for consideration approval of the final plat of First City Hotel-Second Plat. DRC reviewed the plat on September 15, 2016 and found no issues. The Planning Commission reviewed the plat on November 7, 2016 and unanimously recommended approval of the plat. The recording will vacate an existing 14 alley in Lot 2 of the proposed plat. Leavenworth City Commission Meeting, November 22, 2016 Page 2

3 Commissioner Weakley moved to approve the final plat of First City Hotel Second Plat and alley vacation as presented. Commissioner Raney seconded and the motion and was unanimously approved. Leavenworth Business Technology Park Final Plat City Planner Julie Hurley presented for consideration approval of the final plat of Leavenworth Business & Technology Park. DRC reviewed the plat on September 15, 2016 and noted items related to construction of utilities and easements, no concerns were identified with the plat. The Planning Commission met on October 3, 2016 and tabled the item so it could be considered in conjunction with the proposed rezoning. On November 7, 2016 the Planning Commission met and voted unanimously to approve the final plat. Commissioner Preisinger moved to approve the final plat of Leavenworth Business & Technology Park as presented. Commissioner Raney seconded and the motion and was unanimously approved. First Consideration Ordinance Rezoning Leavenworth Business & Technology Park to L-1 (Light Industrial) City Planner Julie Hurley presented for consideration a request to rezone the property located at Eisenhower Road and 14 th Street from R1-6 High Density Single Family Residential, and R1-25 Low Density Single Family Resident R-MF, Multiple Family Residential District and GBD, General Business District to L-1 Light Industrial. Ms. Hurley reviewed the conditions of determination with the City Commission. There has been a protest petition filed with the office of the City Clerk signed by three property owners within the notification area; Edward A and Pamela H Bristow, Randy and Angela Goetz and Dion DePaolis. Dion DePaolis Eisenhower Road addressed the Commission with the following concerns: No current noise regulations on the books pertaining to Industrial Parks Have attempted in the past to address noise and the police department does not enforce the noise concerns Blowers are on during the night from Cereal Ingredients and produces noise Berm is only down a portion of the front of the proposed area Another Industrial Park will destroy property value Currently the industrial park does not keep the property mowed and maintained Would like a decibel level put in to place after 10:00 pm Would like better landscaping without a large pond to attract mosquitos City Manager will check into the noise and the police department response. The City will have control over nuisance violations. Commissioner Preisinger discussed the increased traffic on Eisenhower it will become a four lane road to Highway 5. This will become a major throughway even without the industrial park. Greg Kaaz spoke on behalf of the Industrial Park Standards are higher since Gary Carlson was put in. Intention is that this will be a first class park with landscaping. There are pipes in that area but will look at some trees or other vegetation to help block the detention pond with additional landscaping. There was a consensus by the City Commission to place on first consideration. Cancellation of Outstanding Checks Finance Director Ruby Maline presented for consideration cancellation of 19 outstanding checks totaling $ that are more than two years old. A notice will be published in the newspaper. If a check is presented for payment the Finance Department would honor the obligation and issue a new check. Commissioner Preisinger moved to cancel the outstanding checks as presented. Commissioner Raney seconded and the motion was unanimously approved State Legislative Agenda City Manager Paul Kramer reviewed the 2017 State Legislative Agenda items. The legislative session begins on January 9, During the session staff will monitor bills and issues that move forward in the house and senate; bring those bills that have a positive or negative impact on the City to the City Commission Leavenworth City Commission Meeting, November 22, 2016 Page 3

4 for support/opposition; bring requests for letters of support or opposition to City Commission meetings as specific agenda items. City Manager Kramer has identified 25 issues that are particularly relevant to the City. They include the following: Finance & Taxation Tax Lid Election Process Internet Sales Tax Collections Tax/Spending Lid Property Tax Exemptions Alcoholic Liquor Taxes Alternative Revenue Sources Tax Credits Summary Publication of Resolutions Public Safety Asset Forfeiture Alcohol and CMB Regulations Infrastructure Comprehensive Transportation Program Development Infrastructure Connecting Links Cooperation with KDOT Municipal Operation Solid Waste Personnel Weapons and Firearms KPERS KP & F Government Policies & Procedures Home Rule City Elections Annexation Sign Regulation Public Property and Rights-of-Way Intergovernmental Dialogue Commissioner Preisinger moved to approve the 2017 State Legislative Agenda items as presented and highlighted by the City Manager. Commissioner Bauder seconded the motion and was unanimously approved. RESOLUTION: Resolution B-2154 Inter-local Agreement for Leavenworth Business & Technology Park City Manager Paul Kramer presented for consideration an Interlocal Agreement between the City, County and Port Authority relating to development of an industrial park. This is a 50/50 cost share agreement. The agreement is contingent upon a favorable Attorney General opinion and the deposit of City Funds into an escrow account at the same time or after the County has made deposit of the entirety of its funding obligation into escrow. Commissioner Weakley moved to approve Resolution B-2154 the Interlocal Agreement for the Leavenworth Business Technology Park. Commissioner Raney seconded the motion and was unanimously approved. FIRST CONSIDERATION ORDINANCES: Leavenworth City Commission Meeting, November 22, 2016 Page 4

5 First Consideration Ordinance Rezoning of 1623 Spruce to R1-6 Single Family City Planner Julie Hurley presented for consideration an ordinance to rezone 1623 Spruce to R1-6. The Planning Commission considered the request at the November 7, 2016 Planning Commission Meeting and voted unanimously to recommend approval. Ms. Hurley reviewed the conditions of determination with the City Commission. There was a consensus by the City Commission to place on first consideration. OTHER ITEMS: Presentation of the Capital Improvement Plan (CIP) City Manager Paul Kramer presented the CIP. The transmittal letter and binders containing the plan were provided to the Commission. The CIP will come back to the City Commission for final approval before the end of the year. Mr. Kramer highlighted the following items: Police and Citywide Storage/Software Business and technology Park o $5,000,000 will count for approximately 15% of the Countywide Sales tax until 2037 Justice Center Roof o $115,000 City s portion of the project General Improvement Bonds o Revised to 28% of the city property taxes levied to prior year From PowerPoint Presentation o Total CIP Budget for 2017 = $6,110,792 CIP Local Sales Tax = $2,168,250 County Wide Sales Tax = $2,317,542 GI Bonds = $1,625,000 o Total CIP Budget = $30, CIP Local Sales Tax = $11,173,250 County Wide Sales Tax = $11,938,542 GI Bonds = $7,025,000 Reviewed items in the CIP Sales Tax Fund Reviewed items in the Countywide Sales Tax Fund Reviewed General Obligation Notes and Bonds (Asphalt Overlay) Reviewed Operating Budgets Unfunded Projects if the commission would like to review these unfunded items for possible items to add This will come back on December 13, 2016 for formal approval. There was a consensus by the City Commission to move forward. CONSENT AGENDA: Claims for November 5, 2016 through November 18, 2016 in the amount of $521,195.32; Net amount for Pay #23 effective November 10, 2016 in the amount of $297, (No Fire & Police Pension). Commissioner Raney moved to approve the consent agenda, as presented. Commissioner Preisinger seconded the motion and was unanimously approved. Comments: Commissioner Preisinger Would like to wish everyone a happy Thanksgiving The City is doing well with transient guest tax. Would like to consider downtown lights next Christmas and use transient guest tax revenues. Leavenworth City Commission Meeting, November 22, 2016 Page 5

6 Commissioner Bauder Transportation is her goal while on the commission Would like a better transportation plan for the City EXECUTIVE SESSION: Executive Session Consultation with an attorney for the body or public body or agency which would be deemed privileged in the attorney-client relationship (K.S.A (b) 2. Commissioner Preisinger moved that the City Commission recess into executive session pursuant to consultation with an attorney deemed privileged in the attorney-client relationship and return at 8:33 p.m. by the clock in the City Commission Chambers. Commissioner Raney seconded and the motion and was unanimously approved. The Commission returned to open session at 8:33 p.m. with no action taken. Adjourn Commissioner Preisinger moved to adjourn the meeting. Commissioner Raney seconded the motion and was unanimously approved. Time Meeting Adjourned 8:34 p.m. Minutes taken by City Clerk Carla K. Williamson, CMC Leavenworth City Commission Meeting, November 22, 2016 Page 6

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