100 N. 5th Street,
Leavenworth, Kansas 66048 / City Commission Regular Meeting Minutes
Commission Chambers
Tuesday, June 23, 2009, 7:00 p.m.
CALL TO ORDER - The Governing Body met in regular session on Tuesday, June 23, 2009 at 7:00 p.m. The following commission members were present: Mayor Shay Baker, and Mayor Pro-Tem Davis T. Moulden, Commissioners Lisa A. Weakley and Larry Dedeke; and via telephone Mark Preisinger.
Others present: City Manager J. Scott Miller, Assistant City Manager Michael Tubbs, Public Works Director Mike McDonald, Deputy Public Works Director Bob Patzwald, Community Development Director Chris Dunn, City Planner Roger Denton, Superintendent of Operations Ed Davis, Assistant City Engineer Kim Irelan, City Attorney Thomas Dawson, Public Information Officer Megan Gilliland, Deputy City Clerk Beth Becker and City Clerk Karen J. Logan.
Mayor Baker opened the meeting with the pledge of allegiance followed by silent meditation.
PROCLAMATION – Mayor Baker presented the Proclamation for Wagga Wagga Week June 28-July 5, 2009. Public Information Officer Gilliland invited everyone to attend a welcome social for the Wagga Wagga representatives on June 30, 2009.
CONSIDERATION OF MINUTES – Commissioner Dedeke moved to approve the June 9, 2009 regular meeting minutes, as presented. Commissioner Weakley seconded the motion. The motion was unanimously approved.
CITIZENS PARTICIPATION – Jerry Gerleman referenced the advertisement for the city-wide clean-up and the volunteers that were recognized.
BIDS & AGREEMENTS
2009-2010 Salt Bid – Public Works Director McDonald reviewed the bids for procurement of 700 tons of crushed de-icing rock salt. The following bids were received:
Independent Salt Company, $53.39 per ton, $37,373.00 total cost
North American Salt Company, $85.98 per ton, $60,186.00 total cost
Commissioner Weakley moved to approve the low bid of $53.39 per ton from Independent Salt Company in an amount not to exceed $37,373.00, as presented. Commissioner Dedeke seconded the motion and was unanimously approved.
Contract No. 2009-45 City Wide Trails Master Plan Design – Assistant City Engineer Irelan reviewed the results of the proposals for the master plan.
Commissioner Weakley moved to approve the design services agreement with Patti Banks Associates in an amount of $35,000 for the Leavenworth City-Wide Trails Master Plan Design, as presented. Commissioner Dedeke seconded the motion and was unanimously approved.
Contract No. 2009-46 Havens Park Master Plan Design – Assistant City Engineer Irelan reviewed the results of the proposals for the master plan for Havens Park.
Commissioner Dedeke moved to approve the design services agreement with Schwab-Eaton in an amount of $32,500 for the Havens Park Master Plan Design, as presented. Commissioner Weakley seconded the motion and was unanimously approved.
PUBLIC HEARING & RESOLUTIONS – Mayor Baker stated that Commissioner Moulden had a vested interest in 307 Cherokee and would be excusing himself from the discussion and the vote. Commissioner Dedeke moved to open public hearing for unsafe structures at 307 Cherokee. Commissioner Weakley seconded the motion and was unanimously approved.
City Planner Roger Denton reviewed the 307 Cherokee unsafe structure and the process for the demolition program. He summarized the issues concerning 307 Cherokee.
· 307 Cherokee Street – No separation wall with 305 Cherokee so the buildings were connected. No utilities, floors, walls, and ceilings failing. Mr. Davis T. Moulden stated that he spoke with Mr. Shuck, owner, for quite a while and an agreement has been worked out to purchase the property of 305 & 307 Cherokee with the intent to rehab the old buildings. He felt that the buildings could be saved. The problem Mr. Moulden had was the demolition process and he would not be eligible for various grants with building on the demolition list. Mayor and Commissioners discussed the time frame for rehab and Mr. Moulden stated that the financing was in place, still needed title work, and everything would be complete. Mr. Moulden planned to get a dumpster and remove all the debris. He then planned to put two retail areas at that location. Mr. Moulden stated that he did not have a time frame for completion but planned on starting within 30 days. City staff recommended that these buildings were dangerous structures and would need an engineer’s estimate. Community Development Director Dunn commented that to get the building back together would probably take at least one year. Commissioner Dedeke was not opposed to removing from the list. Mayor Baker asked if we could still have control of the plan and future renovation. Community Development Director Dunn stated that staff could report back progress on the property to the commission.
Commissioner Dedeke moved to close public hearing for 307 Cherokee unsafe structures. Commissioner Weakley seconded the motion. The motion was unanimously approved.
Commissioner Dedeke moved to remove 307 Cherokee Street from the demolition list. Commissioner Weakley seconded the motion and was unanimously approved.
Mr. Moulden rejoined the City Commission on the dais. Commissioner Dedeke moved to open public hearing for the remaining unsafe structures. Commissioner Weakley seconded the motion. The motion was unanimously approved.
City Planner Roger Denton reviewed the remaining eleven (11) unsafe structures and the process for the demolition program. He summarized the homes that were without utilities, accessory buildings, and stated that most had been sighted for nuisances or weed issues.
· 1136 Spruce Street – owner Carrie Danser. Mr. Denton stated that the garage had been removed; city staff had been maintaining the property; water off; and staff recommended that the structure to be demolished. Jerry Gerleman commented about the demolition process and the need to proceed with demolition to help protect property values. Mayor and commissioners discussed that this property was previously on the demolition list. Consensus to demolish.
· 761 Shawnee Street – owner Lee Kellison. Mr. Denton reviewed that it was a commercial building; fire in building; water off since 2008; located in a Flood Zone B; in the environs of the historic district; currently people are sleeping in the back of the structure; and staff recommended demolition. Mr. Kellison stated that the building was structurally sound and there were no leaks in the roof. He stated that the windows/doors have been broke and he was trying to get the money to make repairs. Mr. Kellison stated that the building would make a wonderful office. Mayor and commissioners discussed the funding issues and the lack of resources to rehab the building. They also discussed the homeless people living at that location. Consensus to demolish.
· 920 North 14th Street – owner Annie Patrick. Mr. Denton summarized that the original owners are deceased; 13 notices were sent on this property; violation history since 2006; building has gone down in condition; agreement with Ronald Patrick for buildings repairs has not been done to date; and staff recommended demolition. Ms. Barbara Joyce stated that her mother owned the property, and asked for an extension to repair the building. Ms. Joyce stated that none of the children had rights to the property. Mayor and commissioners discussed the property ownership and the estate. Consensus to demolish.
· 1221 Kingman Street – owner Kent Wilson has moved and Joseph W. Haas has taken deed to the property. Mr. Denton stated that water off since 2007; agreement to paint structure, clean yard/weeds and to date this has not been completed. Mr. Haas stated that he used to be a tenant of 1221 Kingman and just this year the property was registered to him. He had a lease to own the property 14 years ago until June of 2005. Mr. Haas stated that his son lived in the home until the water was shut off in 2007. He found the posting on the property on Veterans Day and proceeded to work with staff. Mr. Haas stated that he had agreed to paint the structure by May 2009 however this has not been completed. He has a contract to have the building painted. Fence pickets are complete; siding has been procured with 50% installed; within 14 days the trim will be installed; debris and trash was removed in the fall of 2008; and he plans to rent, sell or hold until his son returns. Mayor and Commissioners discussed with Mr. Haas why they should not demolish the property. Mr. Haas stated that there was a misunderstanding with city staff concerning the damaged siding and he agreed he has been grossly negligent in the maintenance of the property. His son was in the military and they planned to deed the property to him. Mr. Haas had not had the time to maintain the property. Mr. Denton stated that the property does not look any better than in January 2009. Mayor and Commissioners agreed that the owner’s track record had not been good. There was not a plan in place to repair the property. They discussed the legal process for ownership of the property. Mayor Baker stated that Mr. Haas would need to work with staff to make significant changes and improvements to the property. Consensus to demolish.
· 214 Kiowa Street – owners walked away from the property and has been foreclosed. Mr. Denton stated that the last contact was in March 2009; water off since April 2009; city maintaining property; and discussed violation history. Staff recommended demolition. Consensus to demolish.
· 1142 Kansas Street – cannot locate the owners. Mr. Denton stated that city staff has been maintaining the property for a couple of years; water off since February 2008; house furnished; vehicle in garage; statutes provide that whatever remains in the property can offset the demolition cost; and staff recommended demolition. Mayor and commissioners discussed staff’s attempt to locate the owners. Consensus to demolish.
· 2609 Folsom Street – owners deceased. Mr. Denton stated that staff cannot find any heirs to the property and city staff is maintaining the property; and this had become a recent problem. Mayor and Commissioners discussed taking control of the property versus demolition. Mr. Denton stated that a housing organization 501(c) 3 could be granted this property. Staff could work through the challenges to look at options to transfer the property. Mayor and commissioners discussed: holes in the roof; options for ownership; blight in the neighborhood; and felt they needed to get a legal opinion. Mayor Baker polled the commissioners to get a determination: Weakley 30 days; Dedeke & Moulden 90 days; Preisinger 30 days; and Baker 30 days. Consensus to demolish.
· 1420 Shawnee Street – owner David P. Scott. Mr. Denton stated that this property had a fire and property has not been maintained well; working the property since 2007; building permit issued on June 5, 2009. Mr. Scott stated that he has not had any communication with city staff on this property (staff verified delivery of notices); pictures were just taken in April 2009; utilities are on; they have removed the paint; April 23, 2009 spoke with city staff options to proceed with repairs or tearing down the home; requirements concerning setbacks; hired Crockett Electric; pest control; paint and trim; tore the walls out to make improvements; hauled off debris; current building permit; fire was in March 2009; within the next 45 days exterior will be done, new windows, the trim has been painted, good roof, repair of wall, has the resources to make the repairs, plans to install new bathroom; and the interior will be started at the end of the 2009 summer. Mayor and commissioners discussed the issuance of the building permit and an extension of time to make the repairs. They also discussed property maintenance, landlord issues, notices, and the fire. Mayor Baker polled the commissioners to get a determination: Weakley 30 days, Dedeke 90 days, Moulden 90 days, Preisinger 60 days, and Baker 90 days. Consensus to allow 90 days to complete the repairs and keep on the demolition list.
· 506 Dakota Street – owner Harry Payne. Mr. Denton reviewed that there was a fire in December 2008 and it was uninhabitable; the owner has moved back in; electrical service issues; working with owner to re-build property; traditionally staff does not go after property occupied; owner violated the law by moving back into the property; staff stated that there could be issues due to the CDBG Funds; staff believes the property could come off the demolition list and items have been corrected due to safety issues. Staff also discussed repairs to roof; check from insurance proceeds; and the exterior of building. Mayor and commissioners discussed options to remove individuals from a home. Mr. Harry Payne stated that he was going to install siding and the funds to repair were issued 30 percent at a time. Mr. Payne stated that if his insurance check was released he could proceed with repairs. City staff explained the insurance proceeds and progress on the home. Mayor and commissioners discussed: releasing the insurance proceeds check and keeping this on the demolition list for 90 days. Work with staff to bring up to code. Consensus to allow 90 days to complete the repairs; agree to release the insurance proceeds; and leave on the demolition list.
· 589 Michigan Street – owners deceased and heirs agree to demolish. Mr. Denton recommended demolition. Consensus to demolish.