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, JUNE 13, :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; not present Commissioner Larry Dedeke. Others present: City Manager Paul Kramer, Assistant City Manager Taylour Tedder, HR Director Lona Lanter, Police Chief Pat Kitchens, Public Works Director Mike McDonald, Deputy Public Works Director Mike Hooper, Finance Director Ruby Maline, 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. PRESENTATION: New Employee Welcome Ceremony The following new employees were recognized: Jasmine Crowder, Police Officer Nicholas Poff, WPC Operator I (not present) Colette Kiszka, Admin Assistant Public Works Andrea Brown, Telecommunications Specialist Deirdre Roscoe, Housing Intake Specialist (not present) Dennis Gee, Storm Water Laborer (not present) Anthony Thomas, Streets Equipment Operator I Michael Stephan, Project Manager- Public Works Timothy Warner, Master Mechanic (not present) Donald Neeland, WPC Operator I (not present) OLD BUSINESS: Consideration of Previous Meeting Minutes: Commissioner Preisinger moved to approve the minutes from the May 23, 2017 regular meeting as presented. Commissioner Weakley seconded the motion and was unanimously approved. The Mayor then declared the motion Second Consideration Ordinances: Second Consideration Ordinance No Rezoning 320 S. 7 th City Manager Paul Kramer stated that there were no changes to the ordinance since the May 23, 2017 Commission Meeting. Mayor Bauder called for the roll call vote and Ordinance No was unanimously approved. Second Consideration Ordinance No Rezoning 1101 N. 4 th City Manager Paul Kramer stated that there were no changes to the ordinance since the May 23, 2017 Commission Meeting. Leavenworth City Commission Meeting, June 13, 2017 Page 1

2 Mayor Bauder called for the roll call vote and Ordinance No was unanimously approved. Second Consideration Ordinance No Amending Section of the Code of Ordinances Police Chief Pat Kitchens stated that there were no changes to the ordinance since the May 23, 2017 Commission Meeting. Mayor Bauder called for the roll call vote and Ordinance No was unanimously approved. Second Consideration Ordinance No Rescind Special Use Permits - City Clerk Carla Williamson stated that there were no changes to the ordinance since the May 23, 2017 Commission Meeting. Mayor Bauder called for the roll call vote and Ordinance No was unanimously approved. NEW BUSINESS: Citizen Participation: Mike Gould th Avenue: Asked the status of items he brought before the City Commission in a previous meeting Claims Code Enforcement has taken him to court without proper notification Feels that Julie (City Planner) needs to be terminated Issues with current City Manager and promises made to him by the previous City Manager Staff will contact Mr. Gould regarding these issues. Zen Daniels of 720 Spruce: Spoke about the City Planning Commission meeting held to discuss the rezoning property on 6 th Ave Property to be used by Freedom Behavioral Health Discussed person from Lansing who attended the meeting and gave information about the facility and felt the Planning Commission used her as an expert witness Concerns about Planning Commission member and owner of the property Concerns about the sale of the property by Cushing Hospital and not accepting bids Commissioner Preisinger clarified that state laws are clear regarding individuals serving on boards and commission and their duty to vote. The only time a board or commission member must abstain from a vote if self or spouse would profit from the issue. It is not uncommon for members to personally know people within the community. It is not a reason to abstain from voting. With regards to the sale of the property, that is a private business issue and not an issue for the city to be involved in. Mayor Bauder also stated that the sale/purchase of the property was a private matter and not a city issue. With regards to the person from Lansing, all meetings are open to anyone to attend. Camie Jackson 713 Spruce: Discussed the Planning Commission meeting and the rezoning of 6 th Ave Many neighbors were there to oppose The meeting was argumentative The Planning Commission asking a lot of question of Mr. Peterson Mr. Peterson stated he was selling the building Did not see why so many question of Mr. Peterson on the future use of the building Did not feel it was a fair meeting General Items: Leavenworth City Commission Meeting, June 13, 2017 Page 2

3 Public Hearing Fire Damaged Structure 921 N. 10 th Street Open Public Hearing: Commissioner Preisinger moved to open the Public Hearing for the fire damaged structure at 921 N. 10 th Street. Commissioner Raney seconded the motion and was unanimously approved. The Mayor then declared the motion Comments for Staff and Public: Staff Comments: Public Works Director Mike McDonald presented to the commission the findings of the house at 921 N. 10 th that was damaged by fire on February 18, The damages were severe enough that the settlement from the insurance company exceeded 75% of the face value of the policy in which the City of Leavenworth received 15% of the settlement to be used to remove the structure if the owner did not repair the damages. A building permit was issued on April 28, 2017 for repairs and the repairs have been steady and all inspections have been passed. The structure has been insulated and sheetrock installation has begun. The repairs have progressed to the point that City Staff has released the funds to the owner so that the money can be used to complete the repairs. Staff recommends that the City Commission take no action related to this property. Public Comment: None Close Public Hearing: Commissioner Preisinger moved to close the Public Hearing. Commissioner Raney seconded the motion and was unanimously approved. The Mayor then declared the motion Commissioner Preisinger moved to accept the recommendation by Staff and take no action on the property. Commissioner Raney seconded the motion and was unanimously approved. The Mayor then declared the motion Public Hearing Consider Ordinance Vacating the Alley at 4 th and Pawnee Open Public Hearing: Commissioner Preisinger moved to open the Public Hearing. Commissioner Weakley seconded the motion and was unanimously approved. The Mayor then declared the motion Comments for Staff and Public: Staff Comments: City Manager Paul Kramer addressed the commission regarding an application to vacate the alley within the First City Hotel Subdivision. The alley was vacated with the replat, however, the Developer s title company asked that the alley be vacated by ordinance. There is one utility company that has opposition at this time. Staff would recommend moving forward and allow the developer to work out issues with the utility company before final approval of the ordinance to vacate. Public Comment: none Close Public Hearing: Commissioner Preisinger moved to close the Public Hearing. Commissioner Weakley seconded the motion and was unanimously approved. The Mayor then declared the motion There was a consensus by the City Commission to place on first consideration. Incentives Policy Exception Request 1920 Spruce Assistant City Manager Taylour Tedder presented for consideration a request for exception to the City Economic Development Incentive Policy. Staff was contacted by the owner of Country Mart building located at 1920 Spruce. The property owner, Samuel Pinter of Royale Property Leavenworth City Commission Meeting, June 13, 2017 Page 3

4 Management wants to fully renovate and modernize the store by investing approximately $1,005,000. Under City s Economic Development Incentive Policy the project may qualify for up to 21% property tax abatement based on the level of proposed capital investment and job retention. They have not expressed an increase in employment but the store does account for 50 + jobs with an average salary of $26, The owner wishes to ask for an exception from the City Commission. They are requesting at 75% property tax abatement for 10 years. Currently they pay approximately $39,000 in property taxes each year. Mr. Kevin Kehr of Royal Property Management was present and addressed the Commission. Goal is to keep businesses open and viable in communities. They are in discussion with owner to complete the renovations and would like to keep this business open. Commission comments: The commission discussed the request and they feel that there is a need for a grocery store in that area of the city. They were not in favor of the 75% that has been requested but be willing to look at something more in line with the 21% that is allowed under the City s Economic Development Incentives Policy. Other types of Incentive and Economic Development options were discussed. There was a discussion regarding the abatement of City, County and School District taxes. Assistant City Manager Tedder and City Manager Kramer stated that the City does have the ability to abate taxes for the county and school district. The Commission would like Staff to work with the owner for further negotiation and come back to the City Commission. Commissioner Preisinger moved to table the request for exception to the Development Incentive Policy for 1920 Spruce. Commissioner Raney seconded the motion and was unanimously approved. The Mayor then declared the motion 2017 General Obligation Bonds & Temporary Notes Issuance Proceedings- City Clerk Carla Williamson presented to the City Commission the results of the General Obligation bonds and Temporary Notes. The Sale was held at 11:00 a.m. on Tuesday, June 13, A memorandum prepared by the City s financial advisor, Greg Vahrenberg was presented and recapped the following: Temporary Notes Series A2017 in the principal amount of $1,370,000 to temporarily finance the 2017 General Improvements (pavement management) until after the projects are complete. The following bids were received: o Hutchinson, Shockey, Erley & Co. Interest rate of % o UMB Bank N.A. Interest rate of % Temporary Notes Series B2017 in the principal amount of $700,000 to finance a portion of the 2 nd Street over 3 Mile Creek Bridge Project. The following bids were received: o UMB Bank N.A. Interest rate of % o Hutchinson, Shockey, Erley & Co. Interest rate of % o D.A. Davidson & Co. Interest rate of % General Obligation Bonds, Series 2017-B in the amount of $1,640,000 which includes all interest and issuance costs for the Redemption of the A2016 Temporary Notes for General Improvements. The following bids were received: o UMB Bank N.A. Interest rate of % o Robert W. Baird & Co. Inc. Interest rate of % o Hutchinson, Shockey, Erley & Co. Interest rate of % o D.A. Davidson & Co. Interest rate of % Staff recommends accepting the following bids: Leavenworth City Commission Meeting, June 13, 2017 Page 4

5 A2017 Temporary Notes: o Hutchinson, Shockey, Erley & Co. with an interest rate of % B2017 Temporary Notes: o UMB Bank N.A. with an interest rate of % General Obligation Bonds, Series 2017-B: o UMB Bank N.A. with an interest rate of % Ms. Williamson stated the following action is required to complete the proceedings: 1. Motion to accept the proposal for the A2017 & B2017 Temporary Notes 2. Motion to adopt Resolution B-2171 Issuance of A2017 Temporary Notes 3. Motion to adopt Resolution B-2172 Issuance of B2017 Temporary Notes 4. Motion to accept the proposal for the General Obligation Bonds, Series 2017-B 5. Motion to adopt Resolution B-2173 Issuance of General Obligation Bonds, Series 2017-B 6. Roll call vote for Ordinance No General Obligation Bonds, Series 2017-B Commissioner Preisinger moved to accept the proposals for the A2017 & B2017 Temporary Notes, as presented. Commissioner Weakley seconded the motion and was unanimously approved. The Mayor then declared the motion Commissioner Preisinger moved to adopt Resolution B-2171 Issuance of A2017 Temporary Notes. Commissioner Weakley seconded the motion and was unanimously approved. The Mayor then declared the motion Commissioner Preisinger moved to adopt Resolution B-2172 Issuance of 2017 Temporary Notes. Commissioner Weakley seconded the motion and was unanimously approved. The Mayor then declared the motion Commissioner Preisinger moved to accept the proposals from UMB Bank N.A. for the 2017-B General Obligation Bonds as presented. Commissioner Weakley seconded the motion and was unanimously approved. The Mayor then declared the motion Commissioner Preisinger moved to adopt Resolution B-2173 Issuance of General Obligation Bonds, Series 2017-B. Commissioner Raney seconded the motion and was unanimously approved. The Mayor then declared the motion Second Consideration Ordinance No General Obligation Bonds, Series 2016-A. Mayor Bauder called for the roll call vote and Ordinance No was unanimously approved. Bids, Contracts and Agreements: Consider Change Order No. 1 to Contract No with George Butler Associates Inc. Design Contract for 2016/2017 Sanitary Sewer I & I Public Works Director Mike McDonald presented for consideration Change Order No. 1 to the 2016/2017 Sanitary Sewer I & I Design Contract in the amount of $17, for a new total contract amount not to exceed $51, Commissioner Preisinger moved to approve Change Order No. 1 to the design contract with George Butler Associates, Inc. for the 2016/2017 Sanitary Sewer I & I in an amount not to exceed $17, Commissioner Raney seconded the motion and was unanimously approved. The Mayor then declared the motion Consider Business and Technology Park Real Estate & Development Agreement City Manager Paul Kramer presented for consideration and approval the Real Estate and Development Agreement with JMK Partners, LLC and Leavenworth Excavating and Equipment Co., Inc. for the Business and Technology Park. Leavenworth City Commission Meeting, June 13, 2017 Page 5

6 Commissioner Weakley moved to approve the Business and Technology Real Estate and Development Agreement as presented. Commissioner Raney seconded the motion and was unanimously approved. The Mayor then declared the motion Consider Easement Agreement for Placement of Byway Interpretive Panels Assistant City Manager Taylour Tedder presented for consideration an agreement with the Kansas Department of Wildlife, Parks and Tourism for placement of Byway Interpretive Panels at Ray Miller Park. The Commission received a briefing at the June 6, 2017 Study Session on the program. Commissioner Preisinger moved to approve the Easement Agreement with Kansas Department of Wildlife, Parks and Tourism for placement of Byway Interpretive Panels as presented. Commissioner Weakley seconded the motion and was unanimously approved. The Mayor then declared the motion CONSENT AGENDA: Claims for May 20, 2017 through June 9, 2017 in the amount of $2,053,815.66; Net amount for Pay #11 effective May 26, 2017 in the amount of $308, (Fire & Police Pension $11,401.34) and Net amount for Pay #12 effective June 9, 2017 in the amount of $303, (No Fire & Police Pension). Commissioner Weakley moved to approve the consent agenda, as presented. Commissioner Raney seconded the motion and was unanimously approved. The Mayor then declared the motion duly OTHER ITEMS: Comments: Commissioner Preisinger: Entering budgeting season hopes Staff can present budget to improve public safety Providing safety is a primary function of the City Executive Session: Consultation with City Attorney deemed privileged in the attorney-client relationship Commissioner Preisinger moved to go into executive session for purpose of consultation with City Attorney deemed privileged in the attorney-client relationship and return at 8:15 pm. by the clock in the commission chambers. City Manager Paul Kramer and City Attorney Tom Dawson are to attend the meeting. Commissioner Raney seconded the motion and was unanimously approved. The Mayor then declared the motion duly The commission returned to open session at 8:15 with no action taken. City Manager Paul Kramer stated that here would be no Study Session next week. Adjourn: Commissioner Weakley moved to adjourn the meeting. Commissioner Preisinger seconded the motion and was unanimously approved. The Mayor then declared the motion carried and the meeting adjourned. Time Meeting Adjourned 8:16 p.m. Minutes taken by City Clerk Carla K. Williamson, CMC Leavenworth City Commission Meeting, June 13, 2017 Page 6