CITY OF LEAVENWORTH
100 N. 5th Street,
Leavenworth, Kansas 66048
CITY COMMISSION REGULAR MEETING
COMMISSION CHAMBERS
TUESDAY, APRIL 9, 2013, 7:00 P.M.
CALL TO ORDER - The Governing Body met in regular session on Tuesday, April 9, 2013 at 7:00 p.m. The following
commission members were present: Mayor Larry Dedeke, Mayor Pro-Tem Laura Janas Gasbarre and
Commissioners: Davis Moulden, Mark Preisinger and Phil Urban. New City Commissioners taking office: Lisa A.
Weakley.
Others present: City Manager J. Scott Miller, Assistant City Manager Paul Kramer, Public Works Director Mike
McDonald, Deputy Public Works Director Bob Patzwald, Police Chief Pat Kitchens, Acting City Planner Roger Denton,
WPC Superintendent Charlie Klingler, Parks and Recreation Director Julia Anderson, Project Coordinator Kim Irelan,
RFCC Manager Tammy Metzgar, City Attorney Tom Dawson, Public Information Officer Melissa Bower and City Clerk
Karen J. Logan.
Mayor Dedeke opened the meeting with the pledge of allegiance followed by silent meditation.
Proclamations - Mayor Dedeke presented the following proclamations:
 C. W. Parker Carousel Museum Day April 20, 2013
 Fair Housing Month April 2013 presented to Assistant City Manager Kramer
 National Public Telecommunicators Week on April 14-20, 2013 presented to Police Chief Kitchens
Consideration of Minutes – Commissioner Preisinger moved to approve the March 26, 2013 regular meeting
minutes, as presented. Commissioner Gasbarre seconded the motion and was unanimously approved.
Second Consideration Ordinance No. 7916 Amends the Uniform Public Offense Code, Edition 2012 adding Section.
6.8 Littering Prohibited – City Clerk Logan stated at the March 26, 2013 meeting the City Commission discussed and
placed on first consideration an ordinance to amend the Uniform Public Offense Code, Edition 2012 adding Section
6.8 Littering Prohibited. Mayor Dedeke called for the roll call vote and was unanimously approved.
Consent Agenda - Claims for March 23, 2013 through April 5, 2013 in the amount of $840,955.30; Net payroll #7
dated April 5, 2013 in the amount of $297,001.74 (no police or fire pension payroll). Commissioner Urban moved to
approve the consent agenda, as presented. Commissioner seconded the motion and was unanimously approved.
Leavenworth County Clerk Certification for the April 2, 2013 Election – City Clerk Karen Logan read the election
results as certified from the Leavenworth County Clerk Janet Klasinski:
City Commission:
Mark Preisinger
1,094
Lisa Weakley
830
Davis T. Moulden
777
Keith Melick
738
Charles Raney
738
Phillip Urban
724
Candidates Preisinger and Weakley will serve 4 year terms and Candidate Moulden will serve a 2 year term.
Waterworks Board: Teresa Wood
1,351
Richard Gervasini
1,228
Greg Kaaz (write-in)
278
All Waterworks Candidates will serve 4 year terms.
Commissioner Gasbarre moved to accept the results of the General Election held on the 2nd day of April 2013.
Commissioner Preisinger seconded the motion and was unanimously approved.
Leavenworth City Commission Meeting, April 9, 2013
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Presentation to Departing City Commissioner – Mayor Dedeke, on behalf of the City Commission, presented the Key
to the City of Leavenworth to Commissioner Urban for recognition of service to the City Commission from April 12,
2011 to April 9, 2013.
Mr. Urban congratulated Commissioners Preisinger, Weakley and Moulden. He then thanked the city residents and
staff. Mr. Urban spoke about his disappointment by not campaigning and mentioned the low voter turn-out of 7.2%.
He was ashamed of the citizens for the 7.2% voter turn-out. He then talked about the federal election, running for
office and asked that the public to get out and vote.
Oath of Office for City Commissioners - City Clerk Karen Logan administered the Oath of Office to Commissioners
Mark Preisinger, Lisa Weakley and Davis T. Moulden.
Nominations for Mayor - April 9, 2013 to April 8, 2014 Mayor Dedeke called for nominations for Mayor.
Commissioner Preisinger moved to nominate Commissioner Gasbarre as Mayor. Commissioner Weakley seconded
the motion and the motion was unanimously approved. Laura Gasbarre will serve as Mayor from April 9, 2013 to
April 8, 2014. Mayor Gasbarre thanked the fellow commissioners and stated she was honored to represent the
citizens.
Nominations for Mayor Pro-Tem - April 9, 2013 to April 8, 2014 Mayor Gasbarre called for nominations for a
Commissioner to serve as Mayor Pro-tem.
Commissioner Dedeke moved to nominate Commissioner Preisinger to serve as Mayor Pro-tem. Commissioner
Weakley seconded the motion and was unanimously approved.
Nominations for Financial Claims Reviewer - April 9, 2013 to April 8, 2014 Commissioner Preisinger nominated
Commissioner Weakley to be the Financial Claims Reviewer. Commissioner Dedeke seconded the motion and was
unanimously approved.
Citizen Participation – Ms. Joyce Williams and Pamela Robinson shared information about Art In Motion (AIM, Inc.)
an event on June 1 and 2, 2013 to help award scholarships to young people in the community. Stogie Kenyatta, actor,
will be performing the life of Paul Robeson who was a tragic artist. They need financial support to bring this artist to
our community.
Shirley Snare resident of Leavenworth was concerned about two corners and traffic issues:
 At Ottawa and 18th Street nothing states that this a school zone; and
 At the Post Office 4th and Shawnee Street she asked for a different type of traffic light with a turn signal.
Public Hearing for Sign Appeal for 326 Choctaw – Open Public Hearing Commissioner Dedeke moved to open the
public hearing. Commissioner Weakley seconded the motion and was unanimously approved.
City Planner Denton stated in February of 2013, Ann Hoins applied for a sign permit to install a billboard on their
building at 326 Choctaw Street within the Central Business District (CBD). The proposed billboard is to replace the
existing "High Noon" billboard. The permit was denied by staff on three different occasions. He highlighted:
 Zoned Central Business District (CBD) and within the historic environs district
 The owner was informed of the reasons for that denial in writing and reviewed the reasons
 The existing sign proposed for replacement is considered to be a nonconforming billboard and no longer
considered to be a legal sign
 Staff interpreted that video or animation was prohibited
 Current sign advertises “High Noon Saloon” which makes it a billboard
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Sign located in the environs of the Historic District
All billboards shall be free standing signs and may not be attached to a building or be placed on top of
building.
Sign maintenance and sign refacing of existing billboards in the Central Business District may be performed,
however, no new billboards shall be constructed or sign alterations take place with respect to a billboard in
the Central Business District except as specifically provided herein
Billboards shall be permitted in the General Business District~ but shall be located no closer than one
thousand (1,000) feet from any residentially zoned property or any National Register Historic District or
Structure.
No portion of the sign surface or structure, frame or base shall be located closer than ten (10) feet to a
property line or public right -of -way.
Digital billboards shall display static images for a period of at least eight (8) seconds before instantaneously
transitioning to another static image.
A nonconforming sign or billboard existing lawfully at the time of the passage of this sign code may be
continued under the terms
o May continue only if no structural changes are made to the sign face, structure or supports
Historic consideration – should the City Commission grant the permit it should return to the Leavenworth
Preservation Commission for determination before a permit may be issued
City Commission makes a ruling on the staff’s interpretation and need to make a ruling on all five criteria per
Section 12.34 Appeals. Appeal Criteria
Commissioner Preisinger mentioned the electronic sign on the computer store on Shawnee Street and the allowed a
sign on Lui’s building on Delaware. Mr. Preisinger asked the city attorney if we can grant variances without re-writing
the code. Mr. Dawson spoke about a non-conforming sign in western Kansas that was legally permissible based on
the Kansas Supreme Court. He stated the commission would need to find the uniqueness for the sign and then
consider modifying the sign ordinance.
Commissioner Dedeke stated that the sign code was recently reviewed and that we needed to stay up with the times;
basically it needs to be done.
Commissioner Weakley stated that in all the other cases the businesses were advertising their own business and not
advertising for others such as a billboard. City Planner Denton explained that this is an appeal for an electronic
billboard advertising for others. Ms. Weakley asked, “So what is the request - to advertise for others?”
Ann Hoins, Young Sign Company, stated that they had an existing billboard which has been up for many years. Ms.
Hoins would like to change the sign to an electronic message display at the corner of 4th & Choctaw. The billboard at
this location is unique, is needed for the economy and the downtown businesses. She stated they are a sign company
and would like to promote in the downtown area. The sign would be used for themselves to include other businesses
for advertisement. High Noon Saloon supports the electronic sign. The building across the street is not historic and
other buildings are being torn down. The biggest dilemma is that this sign is on the building and not on a free
standing pole. She stated that the off premise advertising will stick with the eight second rule. Ms. Hoins also stated
that the sign was a billboard at its’ present use and will be used strictly as a billboard.
Commissioner Weakley stated if she wanted to only advertise her own structure would this electronic sign be
allowed. City Planner Denton did not review this request from that standpoint. Ms. Weakley stated that we needed
to get community input, get it vetted, before making a decision on the sign.
Ms. Hoins spoke about the cost and investment for the electronic sign and she felt that this was a good thing.
Commissioner Moulden stated that this issue has been going on for a long time; billboards are in the downtown area;
he discussed historic environs standards and strict stipulations. Mr. Moulden added that Topeka has an electronic
Leavenworth City Commission Meeting, April 9, 2013
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billboard in the downtown area; mentioned the new hotel across the street from Ms. Hoins business; 16 signs are in
the area and electronic signs are the future. He stated this would jump start the town and we should allow the sign.
Commissioner Preisinger agreed with Commissioner Weakley to get it vetted by making the decision now and moving
through the process. Young Sign is a company that has been in this community and the sign can enhance the town to
include the downtown. Main Street could advertise to include other events. He mentioned that in case of an
emergency we could request that information be displayed. The spirit and intent will pay dividends.
Ms. Hoins stated that they will be working out rates to allow advertisement.
Close Public Hearing – Commissioner Moulden moved to close the public hearing. Commissioner Preisinger seconded
the motion and was unanimously approved.
Commissioner Preisinger moved to grant the sign appeal to Young Sign Company pursuant to Section 12.34 Appeals
to include a) uniqueness of the situation; b) rights of others; c) undue hardship imposed by the proper applications of
the Sign Code; d) public safety, health and order; and e) general spirit of the Sign Code and to direct staff to massage
the Sign Code. Commissioner Moulden seconded the motion and was unanimously approved.
Adoption of Ray Miller Park – Parks and Recreation Director Anderson The issue is to consider the University of St.
Mary Rotaract Club's request to adopt Ray Miller Park. If approved, the group would clean up trash and assist in
other beautification efforts in the park. Representatives of the Rotaract Club were present: Liz Waldon, Sister Julie,
Jonathan Rodell, and Tom Gray.
Commissioner Dedeke moved to approve the University of St. Mary Rotaract Club's request to adopt Ray Miller Park.
Commissioner Weakley seconded the motion and was unanimously approved.
Request to Waive Permit Fees by Sisters of Charity of Leavenworth – Public Works Director Mike McDonald stated
the Sisters of Charity of Leavenworth is requesting that the City of Leavenworth waive permit fees for the
replacement of Ross Hall. City Staff recommends that the permit fee be waived and he highlighted:
 The Sisters of Charity of Leavenworth are planning to replace Ross Hall
 The valuation of the project is estimated at $13,493,000
 Request that the estimated $32,000 in building, electrical, mechanical and plumbing permit fees be waived
which does not include the plan review fees
 The City Commission has waived building permit fees for various organizations in the past, including previous
projects for other non-profit organizations.
Commissioner Dedeke felt that we should waive some of the fees but because staff is on site during the construction
he suggested charging a fee of $5,000.00. Commissioner Preisinger agreed with Commissioner Dedeke’s
recommendation.
Commissioner Dedeke moved to set the permit fee at $5,000.00 for the replacement of Ross Hall, which does not
include the plan review fees, as presented. Commissioner Preisinger seconded the motion and was unanimously
approved.
Leavenworth County WW II and Korean Conflict Memorial Plaque – City Clerk Logan stated on September 21, 2004
the Leavenworth County World War II and Korean Conflict Memorial Plaque was removed from the west entrance of
City Hall for the multi-year renovation project. At that time a letter was sent to the Leavenworth County Commission
asking that the plaque be relocated to the Courthouse with the other memorial plaques and the Doughboy Statue.
City staff recently received a request that the plaque to be provided to the VFW for display in their building.
Staff contacted County Counselor VanParys and County Administrator Hurley asking if the County was still interested
in displaying the plaque at the Courthouse. On March 28, 2013 Mr. VanParys stated, “It would be appropriate to have
Leavenworth City Commission Meeting, April 9, 2013
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the plaque installed at the courthouse along with the other memorials. Pat Hurley and I will brief the board this a.m.
and start the process of selecting the installation location.” Staff is asking the City Commission for a decision on
where to display the Leavenworth County World War II and Korean Conflict Memorial Plaque.
Commissioner Moulden would like the plaque put back on the wall in City Hall, it should be cleaned and hung here.
Commissioner Weakley would like the plaque at city hall or the courthouse; but she would prefer city hall.
Commissioner Preisinger apologized for the plaque being in storage that long and he remembered a memorial sign
located at Leavenworth High School. He commented that this does state Leavenworth County memorial plaque and
that it needed to be hung in a public place.
Commissioner Dedeke agreed it needed to be displayed and discussed who owns the plaque. He commended the
VFW for wanting to take responsibility for the plaques, but stated there is an American Legion in the community too.
He felt it should be displayed in a public place.
Commissioner Preisinger stated that the county has no problem with the VFW being the safe keeper of the plaque
and he had no problem with the VFW being the safe keeper of the plaque.
Diana Pitts discussed a brief history of her family and she stated that on April 27, 2013 the family of Delbert Vogeli
(listed on the plaque) will be traveling through the area. She spoke with representatives from Leavenworth County
who stated they would donate this plaque to the VFW. The plaque is solely a Killed in Action (KIA) plaque and the
VFW would be a good fit for the memorial plaque.
Lynn Rolf spoke not as an official VFW membership, but stated the local VFW would be honored to host the plaque
and be responsible for the safekeeping. Mr. Rolf stated whatever decision is made it should be with honor and
respect.
Commissioner Dedeke still felt the plaque needs to be hung at City Hall and recommended letting the VFW use this
plaque for the April 27, 2013 event.
Commissioner moved to clean the plaque, install the plaque at city hall and to loan the plaque to the VFW for the
April 27, 2013 event. Commissioner Preisinger seconded the motion and was unanimously approved.
Payment to Leavenworth County Development Corporation – City Manager Miller stated that based on the
quarterly report presented to the City Commission on April 2, 2013 he recommended payment for the first quarter in
the amount of $11,853.50.
Commissioner Preisinger moved to approve the first quarter payment to LCDC in the amount of $11,853.50 as
presented. Commissioner Preisinger seconded the motion and was unanimously approved.
Contract Nos. 2013-13, 2013-14 and 2013-15 for Code Enforcement Mowing – City Planner Denton stated each year
Code Enforcement contracts with local companies to help mow and clean up properties of owners who do not
comply with the law. Those contracts need City Commission approval. He highlighted:
 Bid mowing contracts in 2012 with a two year option
 Three contractors agreed to work at the price of the lowest bidder:
o Contract No. 2013-13 Jim’s Tree Service and Lawn Care
o Contract No. 2013-14 FX Lawn and Landscape
o Contract No. 2013-15 Haverkamp Lawn and Landscape
 Staff requests that City Commission approve contracts for these three contractors
Leavenworth City Commission Meeting, April 9, 2013
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Commissioner Weakley moved to approve all three contracts for the 2013 Code Enforcement mowing season, as
presented. Commissioner Dedeke seconded the motion and was unanimously approved.
Bids for Replacement of Police Vehicles - Police Chief Kitchens recommended approval to purchase nine (9)
replacement police vehicles as follows:
 Purchase of six (6) 2013 Dodge Charger 4 door sedans from Landmark Dodge at total cost for $147,556.
There is a difference in cost on two of these vehicles because of the paint scheme.
 Purchase of one (1) 2013 Ford Interceptor SUV from Zeck Ford at a cost of $26,922.
 Purchase of two (2) 2013 Chevy Impala 4 door sedans from Roberts Chevrolet Buick total cost of $36,136.
 The total cost for all vehicles is $210,614.
Bids received for Six (6) Patrol Cars:
Landmark Dodge - $23,876 (2 white) and $24,951 (4 black and white)
Overland Park Dodge - $26,427 (regardless of paint scheme)
Shawnee Mission Ford bids rejected
Bids received for one (1) SUV:
Zeck Ford - $26,922
Shawnee Mission Ford bids rejected
Bids received for two (2) Police Detective Cars:
Roberts Chevrolet - $36,136
Henry Martens Chevrolet - $38,156 (not within 1 %)
Zeck Ford - $42,260 (not within 1 %)
Shawnee Mission Ford - $42,436
Landmark Dodge - $45,398
Overland Park Dodge - $45,548
Chief Kitchens reviewed the budget impact and the total cost of $210,614.00.
Commissioner Moulden asked for clarification on an interceptor versus the regular police vehicles. Chief Kitchens
explained the need for SUV’s, the Impala’s and the Chargers. Commissioner Dedeke asked about the used vehicles
and if they will be auctioned; Chief Kitchens stated they will be sold.
Commissioner Preisinger moved to approve the purchase of six (6) 2013 Dodge Chargers from Landmark Dodge at a
cost of $147,556; approve the purchase of one (1) 2013 Ford Interceptor SUV from Zeck Ford at cost of $26,922; and
approve the purchase of two (2) 2013 Chevy Impala Sedans from Roberts Chevrolet at a cost of $36,136.
Commissioner Weakley seconded the motion and was unanimously approved.
Contract No. 2013-20 In-House Catering at Riverfront Community Center – RFCC Manager Metzgar recommended
authorizing the Mayor to sign a contract for the In-House Catering at the Riverfront Community Center and
Concessions at Wollman Aquatic Center and Sportsfield Complex with The Café Catering, owner Terry Booker.
 Prepared a request for proposal of the annual catering contract on March 1, 2013, for catering services at the
Riverfront Community Center and at both concession stands located at Wollman Aquatic Center and
Sportsfield Complex. Deadline for proposal submission was March 22, 2013.
 The current In-House Caterer at the Riverfront Community Center, Cedar Ridge Catering, tendered their
resignation on March 4, 2013.
 The Riverfront Community Center received two proposals: Shining Star Catering, Deborah L. Williams; and
The Café Catering, Terry Booker. Proposals were evaluated, and applicants interviewed on April 3, 2013, by
Jim Mathis representative from the Lion's Club, Derald Linn representing the Rotary Club, Tammy Metzgar,
Riverfront Community Center Manager, J. Scott Miller, City Manager, and Julia Anderson, Director of Parks
and Recreation.
Leavenworth City Commission Meeting, April 9, 2013
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Recommend that Terry Booker owner of The Café Catering be awarded the contract for the In-House
Catering at the Riverfront Community Center, Concessions at Wollman Aquatic Center and Sportsfield
Complex. The term is for one year, with the agreement that the contract may be extended a second year
upon the approval of both parties.
 Discussed the contract time-line and extensions to include the food options
Terry Booker stated he is considering food modifications at the ballfields to include wraps, fruit and junk food.
Commissioner Weakley moved to approve the In-house catering contract with Terry Booker of The Café Catering for
the Riverfront Community Center, concessions at Wollman Aquatic Center and Sportsfield Complex, as presented.
Commissioner Preisinger seconded the motion and was unanimously approved.
Contract No. 2013-18 Poolpak Replacement Project – Project Coordinator Irelan recommended approval of the low
bid from PM Contracting, Inc. for the poolpak replacement project.
Bidder
PM Contracting
Edwards McDowell
Waldinger
PS Group
D'Agostino
ENGINEER'S ESTIMATE
Poolpak System
Replacement
$191,581.00
$209,700.00
$209,938.00
$208,344.00
$231,925.00
Water Heater
$28,522.00
$26,450.00
$27,154.00
$26,925.00
$28,685.00
TOTAL BASE BID
$220,103.00
$236,150.00
$237,092.00
$235,269.00
$260,610.00
Add Alternate
TOTAL
$15,662.00 $235,765.00
$14,500.00 $250,650.00
$16,526.00 $253,618.00
$23,661.00 $258,930.00
$22,060.00 $282,670.00
$385,900.00
Commissioner Preisinger moved to approve the low bid from PM Contracting, Inc. for the poolpak replacement
project in an amount not to exceed $235,765.00, as presented. Commissioner Dedeke seconded the motion and was
unanimously approved.
Contract No. 2013-19 Ray Miller Park Trail - Project Coordinator Irelan requested approval of low bid from Kansas
Heavy Construction for the Ray Miller Park Trail. The City of Leavenworth solicited bids from firms for the Ray Miller
Park Trail and they were opened on April 4, 2013, with the following being received:
Bidder
Total Bid
Kansas Heavy Construction
$44,550.00 (low bidder)
Gunter Construction
$55,358.00
DSM Contracting, Inc.
$60,000.00
Engineer's Estimate
$50,000.00
Staff recommends acceptance of the low bid from Kansas Heavy Construction.
Ms. Irelan explained the location of the trail starting at the corner of 4th and Muncie following the natural terrain.
Commissioner Dedeke moved to approve the low bid from Kansas Heavy Construction in an amount not to exceed
$44,550.00, as presented. Commissioner Preisinger seconded the motion and was unanimously approved.
Contract No. 2013-17 Replacement of Two Settled Sewage Pumps – WPC Superintendent Klingler recommends
approval of the bid from Left's Van Kirk & Associates in the amount of $97,257.87. The following bids were received:
Lett's Van Kirk
$ 97,257.87 (low bid)
Douglas Pump Service $102,496.00
JCI
$119,000.00
Engineers Estimate
$100,000.00
Commissioner Preisinger moved to approve the bid from Left's Van Kirk & Associates in an amount not to exceed
$97,257.87, as presented. Commissioner Dedeke seconded the motion and was unanimously approved.
Leavenworth City Commission Meeting, April 9, 2013
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Resolution:
Resolution B-2052 Condemnation Proceeding for Bridge Project at 2nd Avenue & Limit – Public Works Director Mike
McDonald recommended adopting a resolution deeming it necessary to appropriate private property for the use of
the City for purpose of rights-of-way, permanent easements and temporary construction easements and authorize a
survey and description of the land or interest to be condemned for the Limit Street and 2nd Avenue Bridge Project.
Property has been acquired by the City for most of the property owners on this project.
Commissioner Dedeke moved to approve Resolution B-205 for condemnation proceedings for the Limit Street and
2nd Avenue Bridge Project. Commissioner Weakley seconded the motion and was unanimously approved.
Other Items:
Commissioner Preisinger stated he was selected by the Leavenworth County Commission to be an alternate on the
MARC Board. He then thanked people for support in the 2013 election and mentioned that on around 10% voted in
the election.
Commissioner Dedeke congratulated everyone who was elected to the City Commission.
Commissioner Weakley thanked the everyone for their support and for electing her back on the City Commission.
Mayor Gasbarre stated she was honored to be back as the Mayor, looked forward to the upcoming year, and thanked
Mr. Urban for his hard work, dedication and service.
City Manager Miller mentioned his concerns with Senate Bill No. 10 pertaining to request for public records. He
stated this bill would prohibit allowing staff to charge a fee for time in researching services. With the upcoming veto
session he feared that the bill could be attached and pushed through legislation; he asked to notify legislators to
leave the statute alone. Consensus by all City Commissioners to oppose Senate Bill No. 10.
Adjourn – Commissioner Preisinger moved to adjourn the meeting. Commissioner Dedeke seconded the motion and
was unanimously approved.
Time Meeting Adjourned: 9:03 p.m.
Minutes taken by: City Clerk Karen J. Logan, MMC
Leavenworth City Commission Meeting, April 9, 2013
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