/ CITY OF LEAVENWORTH
100 N. 5th Street,
Leavenworth, Kansas 66048 / City Commission Regular Meeting
Commission Chambers
Tuesday, April 22, 2008, 7:00 p.m.

CALL TO ORDER - The Governing Body met in regular session on Tuesday, April 8, 2008 at 7:00 p.m. The following commission members were present: Mayor Lisa A. Weakley, Commissioners Shay Baker, Ken Bower, Larry Dedeke and Laura Janas Gasbarre

Others present: City Manager J. Scott Miller, Assistant City Manager Robyn Stewart, Public Works Director Mike McDonald, Deputy Public Works Director Bob Patzwald, Operations Superintendent Ed Davis, WPC Superintendent Charles Klingler, Community Development Director Jerry Gies, Planning Director Roger Denton, Interim Parks & Recreation Director Julie Anderson, Interim Police Chief Pat Kitchens, Finance Director Dan Williamson, Information Systems Carol DeMaranville, Public Information Officer Megan Scheidt, City Attorney Bob Beall, and City Clerk Karen J. Logan.

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

Presentation to Commissioner – Mayor Weakley presented a plaque and gavel to Commissioner Dedeke. Mr. Dedeke thanked the citizens and commissioners for a successful year.

Proclamation – Mayor Weakley presented and read the following Proclamations:

·  V.B. “Mac” Greenamyre Day, April 10, 2008 was presented to Jeremy Greenamyre, son of V.B. “Mac” Greenamyre in recognition of Mr. Greenamyre’s contributions to the community. Gil Gunther, representative of the Heritage Center, stated that they dedicated the center in memory of V.B. “Mac” Greenamyre. Jeremy Greenamyre thanked the Commission.

·  Child Abuse Prevention Month, April 2008 – Tracey Lansing received the proclamation and explained the support program and stated that their mission is to advocate child abuse prevention.

·  Arbor Day, April 25, 2008 – Interim Parks & Recreation Director Anderson received the proclamation supporting efforts to protect our trees and woodlands and promote the well-being of this and future generations.

·  Tai Chi & Giqong Day, April 26, 2008 – Representatives from three different local classes received the proclamation and invited everyone to try Tai Chi on Saturday, April 26th.

Delaware Streetscape Project – Assistant City Manager Stewart updated the Commissioners about the project and upcoming street closures.

Consideration of Minutes – Commissioner Gasbarre moved to approve the minutes for April 8, 2008 regular meeting, as presented. Commissioner Dedeke seconded the motion. The motion was unanimously approved.

Citizens Participation – Sue Peterson was concerned with the safety of the school children in northeast Leavenworth, specifically Xavier School and Lawson School. She felt that the area was becoming very dangerous. Mayor Weakley stated we would work with the Police Department and Interim Police Chief Kitchens has scheduled meetings to address these issues with the schools.

Bob Hessenflow commented about funding issues and asked to re-visit the CDCL issue. He asked if there were any Commissioners on the CDCL Board and Mayor Weakley stated that she was on the board. Mr. Hessenflow asked about the conflict of interest issues and Mayor Weakley stated that she received an opinion from the city attorney which determined this was not a conflict. Mr. Hessenflow commented about the $10,000 donation from the City and the $30,000 from the State of Kansas, in addition to the CDBG funding.

Request for Bricks – Carroll Mansion Museum Herb Garden – Commissioner Gasbarre stated that any citizen could request the use of bricks to repair the public sidewalk. Commissioner Dedeke moved to approve the request for 4,650 bricks for the Heirloom Herb Garden Project at the Carroll Mansion Museum. Commissioner Bower seconded the motion. The motion was unanimously approved.

Final Plat for Highland Pointe, 3rd Plat – City Planner Denton reviewed the Highland Pointe 3rd Plat was approved at the November 5, 2007 Planning Commission meeting. Commissioner Bower moved to approve the final plat and acceptance of dedications for Highland Pointe 3rd Plat. Commissioner Gasbarre seconded the motion. The motion was unanimously approved.

2007-2008 Operations Street Division Equipment Replacement Plan – Deputy Superintendent Patzwald reviewed the funding for the replacement of a street sweeper and a tandem axle dump truck in the 2007 CIP. The decision was made not to purchase the sweeper due to insufficient funds. Staff suggested combining the remaining 2007 and 2008 CIP Funds. Mr. Patzwald highlighted:

·  Need for replacement of the 1996 Bobcat

·  Small salt spreader for the one-ton truck needed replaced

·  Use of 2007 and 2008 CIP funds – total available $340,600

o  Skid Steer Loader with attachments $50,000

o  Vacuum sweeper $185,000

o  Garage shop truck with plow and tank $25,000

o  Small salt spreader $12,500

§  Estimated cost $272,500

·  Bid process and specifications

Commissioner Dedeke moved to approve the Operations Street Division equipment replacement plan, as presented. Commissioner Bower seconded the motion. The motion was unanimously approved.

Resolution No. B-1901 Authorizing the 2008–2009 Annual Action Plan CDBG Program – Community Development Director Jerry Gies gave an overview of the CDBG program and that Leavenworth was an entitlement city which receives $356,736 annually. The focus was concentration of the housing programs. The goal was to change the quality of the housing stock. He then asked the commission to consider a resolution adopting the Annual Action Plan (AP) for the July 1, 2008-June 30, 2009 Community Development Block Grant program to set up next year's projects and authorize the plan to be submitted to the US Department of Housing & Urban Development. This will be the fourth year of implementation of the current five-year consolidated plan.

Mayor Weakley and Commissioners discussed:

·  Clarified the funding of $356,736 for the CDBG Program and the recipients

·  CDAB public hearings and proceedings

o  Detailed information was available for review on the City’s website

·  Homes for lower to moderate income residents

·  Continuum of care – 15% of total entitlement

·  Lobbying in Washington, D.C. to continue funding

·  Additional allocation for blight removal

·  Home repair and emergency assistance

Mr. Hessenflow asked about the funding for the CDCL and that represented three homes. He also asked if the funds were used for new homes and the prices. Mayor Weakley stated that the use of funds were monitored. Commissioner Baker added that the CDAB meets monthly to review the specifics of the program and recommended that he attend those meetings.

Commissioner Gasbarre moved to approve the Resolution No.B- 1901 and authorize the submission of the 2008-2009 CDBG Projects. Commissioner Baker seconded the motion. The motion was approved unanimously.

Contract Nos. 2008-14, 2008-15 and 2008-16 for Network & Internet Connectivity – Finance Director Williamson recommended contracting with AT&T for a three year contract for the original nine T1 circuits and for the additional T1 circuit between City Hall and the Justice Center. In addition, he recommended a contract with Time Warner for the internet connectivity. Mr. Williamson highlighted:

·  Bid process

·  Network connectivity currently includes nine point-to-point T1 (1.5 MB) circuits connecting City facilities

·  Study by Alexander Open Systems (AOS)

o  Increase capacity between City Hall and the Justice Center

o  Add an additional T1 circuit - $250 per month

·  Costs for ten T1 circuits with AT&T - $2,500 per month total costs

·  Internet – 5.0 MB from Time Warner at a cost of $1,200 per month

·  Budget impact – increase annual costs of $10,212

o  Reduction in costs of the firehouse software

Commissioner Bower moved to approve three year contract with (Contract 2008-14) AT&T for nine T-1 circuits at a cost of $2,250 per month plus a tenth T-1 circuit at $250.00 per month (Contract 2008-15); and a three year contract with Time Warner for the internet connectivity at a cost of $1,200 per month (Contract 2008-16), as presented. Commissioner Dedeke seconded the motion. The motion was unanimously approved.

Contract No. 2008-17 for Repair of Trickling Filter – Wastewater Treatment Plant Project – WPC Superintendent Klingler reviewed the sole source contract with CAS Construction for repairing the trickling filters #1 and #2 not to exceed a cost of $45,000. He highlighted:

·  Trickling filter #2 not in operation

·  Plant has three trickling filters

·  Replacement of bearings

·  Sole source contract with CAS Construction

·  Repair process and explanation of the filter system

·  Warranty if any

Commissioner Dedeke moved to approve the sole source contract with CAS Construction for repair of trickling filter #1 and #2 at a cost not to exceed $45,000. Commissioner Bower seconded the motion. The motion was unanimously approved.

Supplemental Agreement No. 2 with KDOT for 20th Street and Metropolitan Avenue Project – Public Works Director McDonald reviewed the Supplemental Agreement No. 2 to Agreement No. 03-02 related to the 20th Street and Metropolitan Avenue Improvement Project. Mr. McDonald reviewed the supplemental agreement:

·  Partner with KDOT and the County

·  Amendment capping funding

·  Funding available $7,492,204

Commissioner Gasbarre moved to authorize the Mayor to sign Supplemental Agreement No. 2 with KDOT related to the 20th Street and Metropolitan Avenue Improvement Project. Commissioner Baker seconded the motion. The motion was unanimously approved.

(Amend Contract 2007-10) Change Order No. 1 – Phase III Wollman Park Improvements – Interim Parks and Recreation Director Anderson reviewed the $10,491.62 change order to the contract with Landplan Engineering. She highlighted:

·  Original purchase order - $33,510

o  Balance of original purchase order - $2,306.05

·  Current invoice for service - $5,022.67

·  Additional service costs - $7,775

o  Rendered after April 2008 with problems concerning the flat concrete roof deck

o  Concept and alternatives

Mayor Weakley and Commissioners commented and discussed:

·  Additional service costs – ridiculous

·  Roofing issues and costs

·  Structural assessment – why do we need another

o  Ms. Anderson commented that no assessment was done

§  Specifications showed that nothing needed to be done to the roof

§  No structural assessment done

·  Use of local contractors and get away from the using engineers

·  Bonding issues and Wollman Park Improvements $341,123

o  Engineering and construction contracts

§  Two shelters – new floors

§  Landscaping around the bathhouse

§  Bathhouse repairs – approximately $114,000

·  Pay the funds to Landplan for services to date

·  Amphitheater costs or removal

o  Contract affected and changes

·  Architectural fees and their recommendations

o  Use of local vendors and informal estimates

o  Project already awarded to Baker Construction

·  Other issues concerning the bathhouse – future study session on April 29th

·  Project too costly and the use of additional funds

·  Demolition of bathhouse versus preservation of the property

·  Original cost of project and increases – discuss at a study session and try to come up with something that we could work with

Commissioner Baker moved to approve the Change Order No. 1 with Landplan Engineering for an amount of $10,491.62, as presented. Commissioner Dedeke seconded the motion. The motion was unanimously approved.

First Consideration Ordinance for 2008-A General Obligation Bonds Issuance – City Clerk Logan reviewed the ordinance relating to the City’s General Obligation Bonds, Series 2008-A which relates to the public sale of bonds to be held on Tuesday, May 13, 2008 at 11:00 a.m. The final ordinance will be presented to the City Commission the same evening. Consensus to place on first consideration.

Consent Agenda - Claims from April 5, 2008 through April 18, 2008 in the amount of $1,113,735.70, and Net Payroll #8-2008 in the amount of $292,224.97. Commissioner Gasbarre moved to approve the consent agenda, as presented. Commissioner Bower seconded the motion and was unanimously approved.

Executive Session - Commissioner Dedeke moved to go into executive session for consultation with an attorney on matters deemed privileged in an attorney-client relationship for 45 minutes at 8:55 p.m. Commissioner Baker seconded the motion. The motion was unanimously approved. The City Commission returned open session at 9:40 p.m.

Mayor Weakley adjourned the meeting at 9:41 p.m.

Minutes taken by: Karen J. Logan, CMC, City Clerk

Leavenworth City Commission Meeting, April 22, 2008 Page 1