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

Transcription

1 CITY OF LEAVENWORTH 100 N. 5 th Street, Leavenworth, Kansas CITY COMMISSION REGULAR MEETING COMMISSION CHAMBERS TUESDAY, NOVEMBER 25, 2008, 7:00 P.M. CALL TO ORDER - The Governing Body met in regular session on Tuesday, November 25, 2008 at 7:00 p.m. The following commission members were present: Mayor Lisa A. Weakley, Commissioners Larry Dedeke, Laura Janas Gasbarre, Shay Baker, and Ken Bower Others present: City Manager J. Scott Miller, Assistant City Manager Michael Tubbs, Public Works Director Mike McDonald, Parks and Recreation Director Julie Anderson, Police Chief Pat Kitchens, Deputy Public Works Director Bob Patzwald, Community Development Director Chris Dunn, City Planner Roger Denton, Fire Chief Steve Moody, Public Information Officer Megan Gilliland, and City Clerk Karen J. Logan. Mayor Weakley opened the meeting with the pledge of allegiance followed by silent meditation. Presentations Employee Service Awards Mayor Weakley presented twelve employees the following service awards: Ten Year Awards: Jennifer Beard, Police Detective; Robert Gilbert, Equipment Operator II; Stephen Herring, Police Officer; John Kram, PT Recycling Monitor; John Marshall, Fire Driver/Operator, Brandon W. Pettis, Fire Driver/Operator, William C. Riker, Brush Dump Operator, Kathy L. Rodgers, Zoning & Code Administrator, and David W. Sommerla, Park Foreman. Twenty-five Year Awards: Beth M. Becker, Deputy City Clerk, Chris A. Kear, Police Detective, and Steven W. Traglio, Police Officer In addition to the 10 and 25 year awards the following employees were recognized for their years of service with certificates: 15 Year Certificates: William M. Green, Police Corporal, and Pale Lemanua, Housing Maintenance Mechanic; 20 Year Certificates: James L. Brewer, Police Corporal, Joseph M. Tavano, Police Officer, Richard S. Jones, Fire Captain, Michael G. McDonald, Public Works Director, Robert A. Matzeder, WPC Equipment Operator II (Retired 8/2008), Curtis A. Marks, Sr., Solid Waste Foreman, Daniel L. Williamson, Finance Director; 30 Year Certificates: B. Bruce Bradford, Jr., Police Detective and Daniel R. Roemer, WPC Operator I (Retired 8/2008); 35 Year Certificate: Linda L. Sanders, Police Evidence Custodian. Consideration of Minutes Commissioner Dedeke moved to approve the October 28, 2008 regular meeting minutes, as presented. Commissioner Bower seconded the motion. The motion was unanimously approved. Ordinances (Ordinances on second consideration): Ordinance No Rental Registration Program. The ordinance was unanimously approved. Ordinance No Rezoning 320 South 7th Street from I-1 to GBD. The ordinance was unanimously approved. Citizens Participation None. Appeal for Exception to the Sign Code Young Sign Company City Planner Denton reviewed the reasons staff denied the sign permit: Staff interpreted that video was prohibited Current sign advertises High Noon Saloon which makes it a billboard o No new billboards can be constructed in the central business district Leavenworth City Commission Meeting, November 25, 2008 Page 1

2 Environs of the Historic District Sign would be located on the K-7 corridor Mr. Denton reviewed the exceptions: Exceptions may only be granted by the Governing Body when the two tests are met: o The unique situation necessitating the exception was not created by the applicant or the property owner AND the unique situation is not normally found in the zoning district governing the sign's locations; and o The exception, if granted, shall not adversely affect the rights of others or the public health, safety, order or convenience and shall not oppose the general spirit or intent of the Sign Code. Appeals of a staff interpretation of a specific section of the Code shall be forwarded to the Governing Body upon written request for a clarification of the intent of that section. Mayor Weakley stated she was concerned with the sign exceptions and without legal counsel present did not feel comfortable proceeding. Ann Hoins, Young Sign Company, stated that they had an existing billboard and would like to make the sign a LED message display at the corner of 4 th & Choctaw. Ms. Hoins stated her concerns with the economy and downtown businesses. The sign would be used for themselves to include other businesses for advertisement. Commissioner Gasbarre asked about the timeline and Ms. Hoins stated that they wanted to order the sign by the end of the year. Mayor Weakley and Commissioners all agreed to place this on a special meeting next week pending legal advice. Ms. Hoins stated that the sign was a billboard at its present use. Commissioner Dedeke asked for clarification of the definition of a billboard and the electronic sign. He also asked staff to see if they could make this work. Commissioner Bower moved to table the appeal for an exception to the Sign Code until the December 2, 2008 special meeting. Commissioner Gasbarre seconded the motion. The motion was unanimously approved. Acceptance of Public Improvements Shenandoah Subdivision Phase V P.W. Director McDonald recommended acceptance of the public improvements submitted by Phillips Development Group. The public improvements for Shenandoah Subdivision, Phase V, have been completed in accordance to plans and specifications. Work included sanitary sewer, storm sewer, and paved streets complete with curb and gutter. Work began in March 2008, and all work has been inspected by City of Leavenworth Staff. The inspection fees in the amount of 6% of the construction cost have been paid. Total fees received for the public improvements are $47, Commissioner Gasbarre moved to acceptance the public improvements for Shenandoah Subdivision Phase V, as presented. Commissioner Dedeke seconded the motion. The motion was unanimously approved. KDOT Update & Prioritize Five-Year Plan P.W. Director McDonald stated KDOT periodically requested that the City submit projects for inclusion in the KDOT Five Year plan and to review priority of existing scheduled projects. KDOT has asked for the City to submit other projects for consideration to be in the 5-Year Plan. He highlighted: KDOT completing a 10 year comprehensive transportation plan New program to be considered in 2009 Proposed additions to KDOT for the five year plan: o Eisenhower from 155 th Street to 20 th Street o 20 th Street between Shawnee and Pawnee Street o 5 th Street bridge over Three Mile Creek o 4 th Street between Choctaw and Pawnee Street Proposed priority order for 5-Year Plan 1. Muncie Road between 4th Street and Hughes Road Leavenworth City Commission Meeting, November 25, 2008 Page 2

3 2. 2nd Street Bridge over Three Mile Creek 3. 2nd Avenue Bridge over Five Mile Creek 4. Eisenhower from 155th Street to 20th Street 5. 20th Street between Shawnee Street and Pawnee Street 6. 4th Street between Choctaw and Pawnee Street 7. 5th Street Bridge over Three Mile Creek City Manager Miller stated that the school district representatives mentioned the widening of Limit to 20 th Street going west from Tonganoxie Road due to the new school construction. P.W. Director McDonald stated that this may not meet the KDOT time frame. Mayor and Commissioners discussed whether to include Limit to 20 th Street and all agreed to prioritize this has number four and move all the other projects down. Commissioner Bower moved to approve KDOT update & prioritize five-year plan, to also include Limit to 20 th Street going west from Tonganoxie Road, as discussed. Commissioner Gasbarre seconded the motion. The motion was unanimously approved. Mayor s Appointments Task Force for Metropolitan & Eisenhower Design Standards Mayor Weakley recommended the following appointments: Bill Geiger, Geiger Ready Mix; Jeremy Greenamyre or Mike Greenamyre, Greenamyre Rentals; Ron Booth, Comer Pharmacy; Greg Kaaz, Kaaz Construction; Rob Drury, First National Bank; Jerry Reilly, Reilly & Sons; Dave Norwood, Butler Muffler; Jim Schroeder, Great Western Manufacturing; and Susan Pierce. Commissioner Bower moved to approve the appointments to the Task Force for Metropolitan & Eisenhower Design Standards, as presented. Commissioner Gasbarre seconded the motion. The motion was unanimously approved State Legislative Program City Manager Miller stated the 2009 State Legislative Program was discussed at the last study session and that staff recommended adding pertaining to nutrient removal: "the City of Leavenworth requests that the Kansas Legislature urge KDHE to evaluate the benefits and costs of alternate methods of nutrient removal before requiring the citizens of Leavenworth to undertake a $15 million plant." Since the City discharges its effluent from its wastewater treatment plant into Missouri River we will be required to control nutrients and phosphorus discharge per EPA and KDHE which is very costly. Mayor and City Commissioners discussed the wording $15 million plant and recommended changing to: $15 million upgrade. Commissioner Gasbarre moved to approve the 2009 State Legislative Program, as amended. Commissioner Dedeke seconded the motion. The motion was unanimously approved. (Contract ) Resolution No. B Agreement with Leavenworth-Lansing Chamber of Commerce City Manager Miller reviewed the proposed agreement with the Chamber pertaining to the Convention and Visitors Bureau, the Convention and Tourism Committee and the transient guest tax. Commissioner Gasbarre moved to approve Resolution No. B-1917, as presented. Commissioner Bower seconded the motion. The motion was unanimously approved. Contract No Haymarket Square Canopy Improvement City Manager Miller reviewed the bids for the Haymarket Square Canopy improvement project. The following bids were received: Leavenworth City Commission Meeting, November 25, 2008 Page 3

4 The lowest qualified bid was from KAAZ Construction in the amount of $477,256 which includes both alternates. City Manager Miller reviewed the funding for the project and asked that the $100,000 funds set aside for the Centennial Bridge Project be designated to this project. Mayor and City Commissioners discussed the funding issues and all agreed with Mr. Miller s recommendation. Commissioner Baker moved to approve the contract with KAAZ Construction in the amount of $477,256 which includes both alternates, as presented. Commissioner Gasbarre seconded the motion. The motion was approved with Commissioner Dedeke voting against the motion. Contract No Limit Street Improvement Public Works Director McDonald reviewed the bids for the Limit Street Improvement Project. The following bids were received: Staff recommends accepting the lowest bid from Linaweaver Construction in the amount of $390,000. Mayor and Commissioners mentioned that this was a very important project and commented about no change orders. Commissioner Gasbarre moved to approve the low bid from Linaweaver Construction in the amount of $390,000, as presented. Commissioner Bower seconded the motion. The motion was unanimously approved. Change Orders No. 1 & 2 Three Mile Creek Trail Project P.W. Director McDonald reviewed the Change Order Numbers 1 and 2 in the amount of $131, that was discussed at the November 18, 2008 study session. He stated that staff has not received any formal response from KDOT. Originally KDOT was providing some rock to help with the project; however this may not be happening. Mr. McDonald stated that the design engineer and contractor were trying to come up with a cost effective ways to deal with the construction of the retaining walls. Mega Industries has informed the City that they may incur unbudgeted expenses on retaining wall construction. Staff has directed Mega Industries to proceed with construction of the retaining walls since the staff s opinion was that the plans and specifications were clear. Mega Industries is evaluating different materials and methods to meet the requirements of the project. It was not clear if this would be a basis for a claim by Mega. Leavenworth City Commission Meeting, November 25, 2008 Page 4

5 Mayor and Commissioners discussed costs associated with the project, keeping abreast of information from KDOT and issues pertaining to the retaining walls. Commissioner Dedeke asked if Olsson and Associates would stand behind the design of the retaining walls. Staff clarified the process for the design of the retaining wall and that the product will be good. Brad Saunders with Olsson and Associates stated that a block manufacturer would be hired by Mega Industries and they would check the standards. P.W. Director McDonald stated that Mega Industries still had issues with the way the plans and specifications were written. Deputy P.W. Director Patzwald stated that the estimated $270,000 quote for the retaining walls was from Mega Industries. Commissioner Bower moved to approve the Change Orders Number 1 & 2 pertaining to the Three Mile Creek Trail Project in an amount of $131,677.27, as presented. Commissioner Gasbarre seconded the motion. The motion was unanimously approved. Change Orders Phase III Wollman Park Improvements Parks and Recreation Director Anderson reviewed the Change Orders for Phase III of the Wollman Park Improvements. She highlighted: Baker Construction decreased by $9, Landplan Engineering increased by $9, Ms. Anderson stated that there was no direct budget impact to this project. Commissioner Gasbarre moved to approve the change orders with Baker Construction and Landplan Engineering, as presented. Commissioner Baker seconded the motion. The motion was approved with Commissioner Dedeke voting no. Contract Agreement with Carnegie Arts Center Parks and Recreation Director Anderson stated that the 2009 contract for an amount of $10,000 with the Carnegie Arts Center was to help offer Fine Arts Programs. Mayor Weakley stated that this contract was not previously approved by the City Commission. Commissioner Gasbarre moved to approve the agreement with Carnegie Arts Center, as presented. Commissioner Dedeke seconded the motion. The motion was unanimously approved. CONSENT AGENDA - Claims from October 25, 2008 through November 21, 2008 in the amount of $2,872, Net Payroll # in the amount of $289, (No Fire and Police Pension), Net Payroll # in the amount of $330, (including Fire and Police Pension in the amount of $13,160.68). Commissioner Gasbarre moved to approve the consent agenda, as presented. Commissioner Bower seconded the motion. The motion was approved unanimously. OTHER ITEMS - P.W. Director McDonald updated the City Commission on the leaf program and stated that staff would be starting the program again next week. Staff s goal was to get through the City twice. Mayor Weakley stated that Kansas State Senator Kelly Kultala would like to meet with two or three local officials from the 5 th District. Ms. Weakley was concerned with having three elected officials present. All agreed to wait for the invitation to see who should attend. ADJOURN Mayor Weakley adjourned the meeting. Time: 8:35 p.m. Minutes taken by: Karen J. Logan, MMC, City Clerk Leavenworth City Commission Meeting, November 25, 2008 Page 5