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CITY OF LEAVENWORTH 100 N. 5 th Street Leavenworth, Kansas 66048 CITY COMMISSION REGULAR MEETING COMMISSION CHAMBERS TUESDAY, MARCH 22, 2016 7:00 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, Public Works Director Mike McDonald, Deputy Director Public Works Mike Hooper, City Planner Julie Hurley, Police Chief Pat Kitchens, Major Dan Nicodemus, Finance Director Ruby Maline, CVB Manager Kristi Lee, Public Information Officer Melissa Bower, City Attorney Tom Dawson and City Clerk Carla Williamson Mayor Dedeke opened the meeting with the pledge of allegiance followed by silent meditation. Proclamation Welcome Home Vietnam Veterans Day Mayor Dedeke presented the proclamation to Mr. Rolf, members of VFW Post 56 and Veterans. Comments: Mr. Rolf commented that it is an honor to represent Vietnam Veterans and accept this proclamation on behalf of all Vietnam Veterans. Thanked the Commission for the acknowledgment. Remember the Gold Star Families POW s and MIA s. Welcome home all veterans and troops. Proclamation National Library Week Mayor Dedeke presented the proclamation to Library Director Matt Nojonen. Comments: Matt Nojonen thanked the Commission for the Proclamation and for their support of the Library. OLD BUSINESS: Consideration of Previous Meeting Minutes Commissioner Bauder moved to approve the March 8, 2016 Regular Meeting minutes, as presented. Commissioner Raney Second Consideration Ordinances: Ordinance No. 7989 Amending Chapter 22 Buildings and Building Regulations Article X- Dangerous Structures-City Manager Kramer stated that there were no changes to the ordinance. Mayor Dedeke called for the roll call vote and Ordinance No. 7989 was unanimously approved. NEW BUSINESS: Citizen Participation: none General Items: 2016 Federal Legislative Program City Manager Kramer reviewed the program for consideration and approval. Upon the program being approved and endorsed by the Commission it will be sent to each of the City s Federal Legislators (Sen. Pat Roberts, Sen. Jerry Moran, Sen. Roy Blunt, Congresswoman Lynn Jenkins, Congressman Kevin Yoder, and Congressman Sam Graves). Missouri members added to the distribution due to the Centennial Bridge replacement and the support that is needed by Missouri. Three major capital projects within the City o Replacement of the Centennial Bridge and widening of MO-92 o Federal funding of a new prison facility and camp on the grounds of USP-Leavenworth o New VA inpatient hospital in partnership/coordination with Munson Army Health Center Leavenworth City Commission Meeting, March 22, 2016 Page 1

Safe Communities o Ask Congress to enhance funding for proven public safety programs such as Community Oriented Policing Services (COPS) and Byrne Justice Assistance Grants Strengthen and Stabilize Housing Market o Ask Congress to support and fully fund programs that stabilize and enhance neighborhoods such as the Community Development Block Grant and Neighborhood Stabilization Program that provide funds directly from the federal government o Ask Congress to protect homebuyers from predatory lending o Ask Congress to ensure availability of capital for mortgage financing and refinancing to avoid foreclosures Transportation Infrastructure o Support and enact comprehensive multimodal national transportation plan o Federal transportation programs to refurbish and replace bridges, roads, rails systems and highways o Funding options that send resources directly to local governments for transit and transportation enhancements o Partner with local governments to meet America s pressing roads, highways, bridges, and transit needs by continuing to fund a federal surface transportation program Unfunded Mandates o Avoid policies and initiation of new laws, rules and regulations that impose disproportionate responsibilities on local governments or increase financial liabilities without providing adequate reimbursement funds Nutrient Removal o Ask Congress to pass legislation that directs the EPA to work with state officials to evaluate the benefits and costs of alternative methods of nutrient removal before requiring the City of Leavenworth to undertake a $68.3 million plant improvement and upgrade project. Regional approaches dealing with stormwater and lakes may be a more cost-effective use of resources Bring up the support of Guantanamo Bay and appreciate the support Commissioner Preisinger moved to accept the 2016 Federal Legislative Program. Commissioner Bauder seconded the motion and was unanimously approved. Public Hearing to Vacate Alley in Block 14, Latta s Addition Between 804 & 810 Cherokee Street Public Works Director Mike McDonald presented the application to consider an ordinance to vacate the alley in Block 14, Latta s Addition Open Public Hearing- Commissioner Preisinger moved to open the public hearing. Commissioner Bauder Staff Comments: Petition to vacate the north-south alley in Block 14, Lattas Addition was submitted by Daniel Roberts residing at 814 Cherokee Street. The City will retain an easement for Public Utilities. Mr. Roberts intends to use the space created by the vacated alley to build a new shop building for his business. All property owners adjoining the alley and utilities companies were notified of the proposed action. AT & T notes that they have lines attached to a pole within the easement. They do not object to the vacation to the alley if a utility easement is retained. Vacation supports the Commissions efforts of new businesses on a vacant lot. Public Comments: None Close Public Hearing: Commissioner Bauder moved to close the public hearing. Commissioner Preisinger First Consideration Ordinance to vacate the alley in Block 14 Lattas Addition Consensus to place an ordinance on first consideration. Leavenworth City Commission Meeting, March 22, 2016 Page 2

Public Hearing Sign Appeal Fraternal Order of Eagles 300 S. 20 th Street City Planner Julie Hurley presented for consideration the sign appeal. Open Public Hearing- Commissioner Weakley moved to open the public hearing. Commissioner Raney Staff Comments: Applicant is requesting an appeal to allow a new monument sign at the Fraternal Order of the Eagles building located at 300 S. 20 th Street. Area is zoned R1-9, Medium Density Single Family Residential. Overall height of the proposed sign is 9 with total signage area of 20 sqft with a proposed LED signage for announcements area of approximately 7 sqft. Specific Criteria for sign appeal to consider: Uniqueness of the Structure: uniqueness to the property in question is not ordinarily found in the same zone or district; and is not created by an action or actions of the property owner or applicant Rights of Others: granting of the appeal will not adversely affect the right of adjacent property owners or residents Undue Hardship: strict application of the provision of the sign code will constitute unnecessary hardship upon the property owner represented in the application Public Safety, Health and Order: appeal will not adversely affect the public safety, health, moral order, convenience, prosperity, or general welfare General Spirit of the Sign Code: appeal will not be opposed to the general spirit and intent of the sign code Public Comments: James Weiser 1946 Cherokee - lives across from the Eagles and there are no problems; will support Close Public Hearing: Commissioner Bauder moved to close the public hearing. Commissioner Preisinger Commissioner Preisinger moved to approve the sign appeal to allow the installation of an LED monument sign for the Eagles at 300 S. 20 th Street. Commissioner Raney Quarterly Payment to Leavenworth County Development Corporation (LCDC) City Manager Paul Kramer presented for consideration the first quarter payment to LCDC in the amount of $11,848.50. The quarterly report was presented to the City Commission at the March 15, 2016 Study Session. Commissioner Weakley moved to approve the quarterly payment to Leavenworth County Development Corporation as presented. Commissioner Preisinger Resolutions: Resolution No. B-2128 to Set Public Hearing for the North Gateway Second Hotel Project Plan City Manager Paul Kramer presented for consideration Resolution No. B-2128. This resolution was placed on the January 26, 2016 City Commission agenda and the item was tabled with a 5-0 vote. The item is back before the Commission for consideration. City Commission formally established a redevelopment district pursuant to provision of KSA 12-1771(a) on January 25, 2011 comprising of the land area bounded by 4 th Street on the east, 7 th Street on the west, Metropolitan Avenue on the north and Pawnee Street on the south; totaling 28.2 acres. State statute required a Project Plan. The following are included in the project plan o Feasibility study o A reference to the district plan established (North Gateway Redevelopment District) o A relocation plan if applicable o A Detailed description of the buildings and facilities proposed to be constructed or improved in such area o Any other information the governing body deems necessary to advise the public of the plan Leavenworth City Commission Meeting, March 22, 2016 Page 3

City Planning Commission met on March 16, 2016 reviewed and passed Resolution No 2016-01 and found the plan to be consistent with the intent of the comprehensive plan Resolution sents the Public Hearing for April 26, 2016 Staff will go over the Plan at the Public Hearing; some highlights reviewed by the City Manager Financed by GO TIF Bonds Commissioner Preisinger moved to approve Resolution B-2128 to set the Public Hearing for April 26, 2016 for the TIF Project Plan for the North Gateway Second Hotel Project Plan District. Commissioner Raney seconded the motion and was unanimously approved. Bids, Contracts & Agreements: Development Memorandum of Understanding (MOU) Ferguson Properties Mayor Dedeke asked for a motion to table this item. Commissioner Preisinger moved to table the Development Memorandum of Understanding with Ferguson Properties. Commissioner Bauder Bids for Police Body Cameras Police Chief Pat Kitchens presented for consideration the bid of $48,515.00 submitted by COBAN, Inc. to acquire 50 body worn cameras and equipment, associated software, licensing, and warranties. Chief Kitchens discussed data storage and Kansas Open Records Act (KORA) requirement. Anything captured will be governed by KORA. Anything part of a criminal case is not open to the public. HIPAA laws regarding medical calls will apply. When an officer is on a call and interacting with the public the cameras will be on. Discussed the retention of the recordings and decisions will be reviewed as time goes on. Compatibility with existing data systems was considered. Cameras have an expected life of three (3) years. Bids were as follows and include a BWC, charging cradle, licensing, software, and a complete three-year warranty: Company Bid Coban Inc. $48,515.00 AXON by TASER Inc. $56,675.00 VieVU $66,057.50 There was a discussion among the Commission and Staff regarding funding, the use of the drug seizure funds and grants that may come available in the near future. Commissioner Bauder moved to approve the bid in the amount not to exceed $48,515.00 from Coban Inc. of Houston Texas for the purchase of 50 Police Body Cameras, equipment and associated costs. Commissioner Weakley Bids for Police Vehicles and equipment and installation -Police Chief Pat Kitchens presented for consideration the bids for replacement police vehicles equipment and installation. Bids were as follows: Two (2) Detective Sedans with service manual: 2016 Chevy Impala 4 dr Ed Bozarth Chevrolet $35,850.00 Roberts Chevrolet Buick $35,992.00 Henry Martens Chevrolet $52,354.00 2016 Ford Fusion Leavenworth City Commission Meeting, March 22, 2016 Page 4

2016 Dodge Charger One (1) Police K-9 SUV: 2016 Ford Interceptor SUV 2016 Dodge Durango 2016 Chevy Tahoe One (1) Police Patrol Sedan 2016 Dodge Charger 2016 Chevy Caprice Zeck Ford $36,252.00 Does not meet specs Speedway Auto Group $44,991.00 Landmark Dodge $44,219.00 Zeck Ford $29,008.00 Landmark Dodge $28,635.00 Does not meet specs Speedway Auto Group $27,028.50 Does not meet specs Ed Bozarth Chevrolet $44,475.00 Landmark Dodge $24,391.00 Speedway Auto Group $26,387.00 Roberts Chevrolet Buick $26,864.00 Ed Bozarth Chevrolet $28,725.00 Total cost of the recommended vehicles is $89,249.00. Bids for installation of equipment to the vehicles will be brought back to the commission in the near future for approval if the costs exceed $15,000.00 Staff recommends the purchase of the following: Two (2) 2016 Chevy Impala sedans from Ed Bozarth Chevrolet at a price of $17,845.00 each plus a service manual of $160.00. Total cost is $35,850.00 One (1) 2016 Ford Interceptor AWD SUV from Zeck Ford at a price of $28,838.00 plus a service manual for $170.00. Total cost is $29,008.00 One (1) 2016 Dodge Charger 4-dr sedan from Landmark Dodge at a price of $24,126.00 each plus one service manual for $265.00. Total cost is $24,391.00 Total cost for the four vehicles and service manuals = $89,249.00 Commissioner Preisinger moved to approve the purchase of the four police vehicle and service manuals in the amount of $89,249.00 as presented. Commissioner Raney Bids for Plastic Trash Bags- Public Works director Mike McDonald presented for consideration and approval the bids for plastic refuse bags. Staff recommends the low bid from Jadcore Inc., for 23,000 rolls of bags at a total cost of $116,610.00. Bids were as follows: Company Per Bag Per Roll Jadcore, Inc. 0.1014 $5.07 Waste Zero 0.108 $5.40 Dyna-Pak 0.1158 $5.79 Commissioner Bauder moved to approve the low bid from Jadcore, Inc. for 23,000 rolls of trash bags not to exceed $116,610.00. Commissioner Preisinger Leavenworth City Commission Meeting, March 22, 2016 Page 5

Contract No. 2016-24 Bids for 2015 Sanitary Sewer Rehabilitation and Replacement Project- Public Works Director Mike McDonald presented for consideration the bids for the 2015 Sanitary Sewer Rehabilitation and Replacement Project. Low bidder was Linaweaver Construction with a bid of $500,033.00. Bids were as follows: Company City Bid Linaweaver Construction Lansing KS $500,033.00 Westland Construction Basehor KS $606,064.00 Wiedenmann Construction Belton MO $639,746.00 Redford Construction Pleasant Hill MO $911,448.00 Engineer's estimate $790,885.00 Commissioner Bauder moved to approve the bid for the 2015 Sanitary Sewer Rehabilitation and Replacement Project with Linaweaver Construction not to exceed $500,033.00. Commissioner Weakley seconded the motion and was unanimously approved. CONSENT AGENDA: Claims for March 5, 2016 through March 18, 2016 in the amount of $1,035,692.67; Net amount for Payroll # 6 effective March 18, 2016 in the amount of $ 300,860.30 including (Fire & Police Pension $11,232.85). Commissioner Raney moved to approve the consent agenda, as presented. Mayor Dedeke seconded the motion and was unanimously approved. Other Items: Commissioner Raney commented on the upcoming Easter Holiday Commissioner Preisinger Attended the Legislative update While at the update discussed Senate Bill 316 (property tax lid) with Senator Fitzgerald who said he will vote for it Discussed with Senator Fitzgerald this is not taxation without representation City Manager Paul Kramer Discussed the property tax lid bill and the various versions; House Bill 2609 and House Bill 2088 Adjourn Commissioner Preisinger moved to adjourn the meeting. Commissioner Weakley seconded the motion and was unanimously approved. Time Meeting Adjourned 8:07 p.m. Minutes taken by City Clerk Carla K. Williamson, CMC Leavenworth City Commission Meeting, March 22, 2016 Page 6