CITY OF LEAVENWORTH
100 N. 5th Street,
Leavenworth, Kansas 66048
City Commission Regular Meeting
Commission Chambers
Tuesday, October 28, 2014 at 7:00 p.m.
CALL TO ORDER - The Governing Body met in regular session and the following commission members were
present: Mayor Mark Preisinger, Mayor Pro-Tem Lisa Weakley and Commissioners Laura Janas Gasbarre and
Larry Dedeke Absent: Commissioner Davis T. Moulden
Others present: City Manager J. Scott Miller, Assistant City Manager Paul Kramer, Deputy Public Works Director
Bob Patzwald, City Planner Julie Hurley, Police Chief Pat Kitchens, Finance Director Ron Hale, Convention and
Visitors Bureau Manager Tammie Ferguson, Deputy City Clerk Carla Williamson, City Attorney Tom Dawson, and
City Clerk Karen J. Logan.
Mayor Preisinger opened the meeting with the pledge of allegiance followed by silent meditation.
Consideration of Previous Meeting Minutes:
Commissioner Dedeke moved to approve the October 14, 2014 Regular Meeting Minutes. Commissioner Gasbarre
seconded the motion and was unanimously approved.
Second Consideration Ordinance:
Ordinance No. 7960 Moratorium Article XII. Sign Regulations “Billboards” – City Planner Hurley reviewed the
moratorium, stated there were no changes to the ordinance and was now presented for the roll call vote. Mayor
Preisinger called for the roll call vote and Ordinance No. 7960 was unanimously approved.
NEW BUSINESS:
Citizens Participation - Deputy Public Works Director Patzwald stated the fall leaf program will start on November
3rd and he explained the process of the leaf pickup which will start at Eisenhower and move north to Spruce.
General Items:
Convention & Visitors Bureau Brand Identity – Convention and Visitors Bureau Manager Tammie Ferguson stated
after conducting a brand audit, doing a Web site and SWOT analysis, gaining input through a two hour branding
focus group and doing market research with local residents and small business owners over several months, it was
concluded that a new brand identity was needed. The Convention and Visitors Bureau staff would like to begin
implementing the new brand identity and executing its strategy. She highlighted:
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New brand personality and new logo
New brand color scheme and symbols
o Lewis & Clark
o U.S. Flag
o Downtown building
o Centennial Bridge
Brand voice
Brand photography
Displayed the new logo
Commissioner Weakley asked who was involved with the new branding and Ms. Ferguson explained.
Commissioner Dedeke moved to approve the new brand identity for the Convention and Visitors Bureau, as
presented. Commissioner Gasbarre seconded the motion and was unanimously approved.
Leavenworth City Commission Meeting October 28, 2014
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Appointment to Leavenworth County Port Authority – Mayor Preisinger moved to approve the appointment of
Ann Hoins to the Leavenworth County Port Authority with a term ending January 1, 2019, as presented.
Commissioner Gasbarre seconded the motion and was unanimously approved.
Massage License for Elemental Wellness Spa, LLC at 425 Shawnee – City Clerk Logan requested approval of a
Massage Establishment Business License to be issued to Elements Wellness Spa, LLC 425 Shawnee Street, owner
Roxanne Joslin.
Commissioner Gasbarre moved to approve a Massage Establishment Business License for Elements Wellness Spa,
LLC 425 Shawnee Street. Commissioner Weakley seconded the motion and was unanimously approved.
General Obligation Bonds, Series 2014-B Proceedings – City Clerk Logan asked to consider proceedings for the
General Obligation Bonds, Series 2014-B the Financial System Project with a cost of $490,000 which includes
financing costs. The following action is necessary:
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Bid Proposals for General Obligation Bonds, Series 2014-B:
o Country Club Bank
2.667411% Net Interest Cost (staff recommends acceptance)
o UMB Bank
2.731123% Net Interest Cost
o Hutchison, Shockey, Erley & Co. 2.849585% Net Interest Cost
o Commerce Bank
2.879188% Net Interest Cost
Commissioner Dedeke moved to accept the bid proposal from Country Club Bank with an average net
interest rate of 2.667411%. Commissioner Gasbarre seconded the motion and was unanimously
approved.
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Resolution B-2090 General Obligation Bonds, Series 2014-B – Commissioner Gasbarre moved to approve
Resolution B-2090. Commissioner Weakley seconded the motion and was unanimously approved.
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Ordinance No. 7961 General Obligation Bonds, Series 2014-B – Mayor Preisinger called for the roll call
vote and Ordinance No. 7961 was unanimously approved.
Leavenworth Housing Authority Planters II – Assistant City Manager Kramer reviewed a resolution adopting and
submitting the 2015 PHA Annual Plan, the Capital Fund Program Five Year Action Plan, and the Capital Fund
Program Annual Statement/Performance and Evaluation Report for the Leavenworth Housing Authority to the
U.S. Department of Housing & Urban Development for the operation of Planters II and Section 8. The following
action is required:
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Resolution B-2091 PHA Annual Plan 2014 – Commissioner Dedeke moved to adopt Resolution B-2091
PHA Annual Plan 2014. Commissioner Gasbarre seconded the motion and was unanimously approved.
Also Mr. Kramer requested consideration of a resolution amending the ACOP (Admissions and Continued
Occupancy Policy) for the Public Housing Program (Planters 11) adopting the Flat Rent Significant Amendment.
Basically HUD amends the rent based on “market” subsidy. The following action is required:
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Resolution B-2092 Amendment to Admissions and Continued Occupancy Policy – Commissioner
Weakley moved to adopt Resolution B-2092 Amendment to Admissions and Continued Occupancy Policy.
Commissioner Gasbarre seconded the motion and was unanimously approved.
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Contracts and Agreements:
Contract No. 2013-26 Change Order No. 2 Animal Control Project – Police Chief Kitchens requested authorization
of change orders for the Animal Control Project in the amounts of $11,077 (issue #1) and $12,015 (issue #2). He
highlighted:
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New Animal Control Building project is coming to a close and as it stands $369,074 under budget
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Reviewed the previous change order approved July 16, 2013 and the water line installation for the project
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Issue #1 - $11,077 change for miscellaneous costs incurred with the construction of the new building;
fortunately the water line project with Leavenworth Water had a costs savings of $23,340
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Issue #2 - $12,015 change for landscaping; additional soil needed to complete the exterior grounds;
subcontractor went out of business; and additional soil testing
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$23,092 is the total amount of Change Order No. 2 which changes the total contract amount to
$2,034,480 with Wilcott Construction Inc.
Commissioner Gasbarre moved to approve $23,092 for Change Order No. 2 which changes the total contract
amount to $2,034,480 with Wilcott Construction Inc. Commissioner Weakley seconded the motion and was
unanimously approved.
Contract No. 2014-57 Development Agreement with Equis Hospitality – City Manager Miller stated at the study
session of October 21, 2014 the City Commission reviewed the proposed real estate sales contract / development
agreement for the construction of an extended stay hotel on the vacant site of the former Ramada Inn / Knight's
Inn. There were a couple of concerns expressed by Commissioners in reference to the following items at the
meeting:
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Section 12 Franchise Agreement — Preferred language stating that if Equis terminates the contract then
the City retains the earnest money deposit and if the City terminates the contract then the earnest money
deposit is returned to Equis.
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Section 18b Reversion Clause — Commission wanted the elimination of the wording architectural and
engineering costs, et al from the document.
The above referenced concerns have been resolved and agreed to by Equis. There is one additional amendment
that Equis wanted included in the contract /agreement as follows:
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Section 12 Franchise Agreement — the continuation of the 3rd paragraph ....; “however, should Hilton still
be in the process of reviewing the application after the sixty (60) days the time period will automatically
be continued until such time as a formal action is taken by Hilton on the application.” My office and the
City Attorney see no problem with the aforementioned language to be included in the agreement. Both
parties are seeking a Hilton extended stay hotel.
Commissioner Weakley moved to approve the Development Agreement with Equis Hospitality Management.
Commissioner Dedeke seconded the motion and was unanimously approved.
Contract No. 2014-54 for Design 2015 KLINK & ADA Ramp Projects – Deputy Public Works Director Patzwald
asked to consider approval of the design service agreements with Wilson & Company for the 2015 KLINK
Improvements Projects located on US73/K7 between the following locations: Pine to Linn; Rees to Marion; and
Limit to Santa Fe.
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The design engineering services with Wilson & Company equals the following totals:
• Design KLINK 2015
$10,865.00
• ADA Ramps
$24,935.00
• TOTAL AMOUNT
$35,800.00
Estimated construction cost for these projects:
• 2015 KLINK ADA Project $134,640.00
• 2015 KLINK Project
$393,470.00
Commissioner Dedeke moved to approve the design service agreements with Wilson & Company for the 2015
KLINK Improvements Projects in an amount not to exceed $35,800.00 as presented. Commissioner Gasbarre
seconded the motion and was unanimously approved.
Contract No. 2014-55 Award Bid for Demolition of 705 N. 20th and 709 N. 20th Street Houses – Deputy City
Clerk Williamson asked to consider awarding a contract for demolition of 705 N. 20th Street & 709 N. 20th Street to
Midland Wrecking Inc. On October 9, 2014 demolition bids were opened and the results were:
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Madget Demolitions Inc. $21,500.00
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Larking Excavating Inc.
$17,565.00
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Midland Wrecking Inc.
$16,331.00 (low bid)
Commissioner Gasbarre moved to award a contract for demolition of 705 N. 20th Street & 709 N. 20th Street to
Midland Wrecking Inc. in an amount not to exceed $16,331.00. Commissioner Weakley seconded the motion and
was unanimously approved.
Consent Agenda:
Claims for October 11, 2014 through October 24, 2014 in the amount of $802,470.58; Net amount for Pay #21
effective October 17, 2014 in the amount of $310,513.56 (Fire & Police Pension $12,869.52). Commissioner
Weakley moved to approve the consent agenda, as presented. Commissioner Gasbarre seconded the motion and
was unanimously approved.
Other Items:
Commissioner Dedeke stated he would like to extend the discussion for Zeck Ford Development to December 2,
2014 but will wait until the November 4th Study Session.
Adjourn – Commissioner Gasbarre moved to adjourn the meeting. Commissioner Dedeke seconded the motion
and was unanimously approved.
Meeting Adjourned Time 7:37 p.m.
Minutes taken by City Clerk Karen J. Logan, MMC
Leavenworth City Commission Meeting October 28, 2014
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