Minutes taken by City Clerk Karen J. Logan, MMC

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CITY OF LEAVENWORTH
100 N. 5th Street
Leavenworth, Kansas 66048
City Commission Regular Meeting
Commission Chambers
Tuesday, November 24, 2015 7:00 p.m.
CALL TO ORDER - The Governing Body met in regular session and the following commission members were present:
Mayor Pro-tem Larry Dedeke, Commissioners Nancy Bauder, Mark Preisinger and Charles Raney Absent: Mayor Lisa
Weakley
Others present: City Manager J. Scott Miller, Assistant City Manager Paul Kramer, Public Works Director Mike
McDonald, Deputy Public Works Director Mike Hooper, Police Chief Pat Kitchens, Human Resource Director Lona
Lanter, Public Information Officer Melissa Bower, City Attorney Tom Dawson, Deputy City Clerk Carla Williamson and
City Clerk Karen J. Logan.
Mayor Pro-tem Dedeke opened the meeting with the pledge of allegiance followed by silent meditation.
Presentations:
Presentation of Employee Service Awards – Mayor Pro-tem Dedeke recognized the following employees who
reached a milestone in their career with the City of Leavenworth. These employees are being recognized for their
faithful, dedicated, loyal and continuous service to the City.
Ten Year Awards
Delta Anderson, Telecommunications Specialist
James Beardsley, Equipment Operator I
Andrew Brinker, Detective I
Linda Brugman, Payroll Specialist
Jeff Girard, Park Technician II
Larry Huninghake, Fire Driver /Operator
Stephen King, Equipment Operator II
Clinton Marsh, Firefighter
Michael Minard, Fire Driver /Operator
Matthew Nickel, Detective
Chris Simpson, Firefighter
Roy Simpson, Equipment Operator 1
Andrew Yunghans, Firefighter
Twenty-five Year Awards
Derek Burleson, Police Sergeant I
Mancil King, Retired (Inspector II)
Patrick Kitchens, Police Chief
Mayor Pro-tem Dedeke also recognized the following individuals for their milestone achievements as listed below:
15 Years of Service
Jonathan Hall, Inspector III
Shawn Kell, Safety Officer/Health Inspector
William McKeel, Battalion Chief
Charles Reed, Equipment Operator I
Melvin Sewell Jr., Equipment Operator I
John Snodgrass, Fire Captain
Justin Stewart, Senior Engineering Technician
Karen Wilk, Telecommunications Specialist
Leavenworth City Commission Meeting November 24, 2015
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20 Years of Service
Rebecca Beaver, Administrative Clerk - Streets
Sherman Harvey, Fire Driver /Operator
Ralph Sorrell, Sergeant I
Eric Stark, Fire Captain
Marcella Williams, Parks & Rec Secretary
30 Years of Service
Brad Myhand, Fire Captain
Mark Nietzke, Retired (Assistant Fire Chief)
Karen Parker, Municipal Accountant
New Employee Welcome Ceremony – Mayor Pro-tem Dedeke welcomed the newly hired regular full time and part
time City of Leavenworth employees.
 Paul Bohannon – Police Officer
 Matt Harrington – Police Officer
 LaCarol Kennedy – Police Officer
 Cameron Huffman – Solid Waste Collector
 Michael Minchew – Aquatics Manager
 Mark Kramer - Inspector
OLD BUSINESS:
Consideration of Minutes:
Commissioner Preisinger moved to approve the November 10, 2015 and November 17, 2015 meeting minutes, as
presented. Commissioner Raney seconded the motion and was unanimously approved.
Second Consideration Ordinance:
Ordinance No. 7985 Refuse Rates – City Manager Miller stated there were no changes to the ordinance and was now
presented for the roll call vote. Mayor Pro-tem Dedeke called for the roll call vote and Ordinance No. 7985 was
unanimously approved.
NEW BUSINESS:
Citizen Participation: no comments
General Items:
2016 State Legislative Agenda – City Manager Miller reviewed the 2016 State Legislative Agenda items to be
addressed at the December 5, 2015 Legislative Breakfast.
Commissioner Bauder moved to approve the 2016 State Legislative Agenda. Commissioner Raney seconded the
motion and was unanimously approved.
Bids, Contracts and Agreements:
Bids for Rubber Tire Backhoe – Deputy Public Works Director Mike Hooper recommended the purchase of a 2016
JCV 3CX-14 Super Rubber Tire Loader for $101,213.62 from Central States Thermo King, Inc. of Kansas City, Kansas.
The following bids were opened November 13, 2015:
Central States Thermo King, Inc. (CSTK JCB), Kansas City, KS
Coleman Equipment, Bonner Springs, KS
Leavenworth City Commission Meeting November 24, 2015
$101,213.62
$108,011.00
Page 2
Foley Equipment, Olathe, KS
Victor Phillips, Kansas City, MO
Bid includes a two year or 2,000 hour standard warranty
$135,168.70
NO BID
Commissioner Bauder moved to purchase of a 2016 JCV 3CX-14 Super Rubber Tire Loader for $101,213.62 from
Central States Thermo King, Inc. of Kansas City, Kansas. Commissioner Raney seconded the motion and was
unanimously approved.
First Consideration Ordinances:
Ordinance to Amend Code of Ordinances & Appendix F Fee Schedule – City Clerk Logan reviewed all the
recommended changes to the Code of Ordinances as follows:
 Chapter 10 Alcoholic Beverage – add Performing Arts Center, 500 Delaware Street
 Chapter 18 Animals –
o Sec. 18-64 Fees (Dog tags) - change late registration date to after March 31st
o Sec. 18-99 Horseback riding – add City Manager or Chief of Police may authorize horseback riding for
special events upon the completion of an application with the City Clerk’s Office.
 Chapter 26 Businesses (pertaining to Business Permit for Massage or Tattoo Licenses)
o Application filed with the City Clerk
o Massage establishment – remove the following: Two portrait photographs at least two inches by two
inches, and fingerprints and in the case of a bathhouse, massage establishment, modeling studio or
body painting studio application, each person shall submit a health certificate from a duly licensed
physician stating that the applicant has, within 30 days prior thereto, been examined and found to be
free of any contagious or communicable disease
 Chapter 42 Emergency Services – change the alarm user late fee date to after June 30th
 Chapter 54 Health and Sanitation – remove Sec. 54-75 duplicate penalties
 Chapter 98 Solid Waste – change inspection of vehicles for a licensed collector
 Chapter 106 Tent Shows and Meetings – remove A carnival, circus or
 Chapter 110 Traffic and Vehicles – update school zones
 Appendix F –
o Remove Dog Bond - $85.00
o Remove Section – Chapter 94
o Move Sign Erector fee from Section 94 to Zoning
o Add Sign Permit Fees
 Repeal Article XI. Fences within Chapter 22
Consensus to place an ordinance on first consideration to amend the Code of Ordinances and Appendix F.
Ordinance to Amend Article II Governing Body of the Code of Ordinances – City Clerk Logan reviewed an ordinance
to move the election for the city commission currently held in the spring of odd-numbered years to the fall of oddnumbered years. She highlighted:
 November 17th Study Session the City Commissioners reviewed the election timelines.
 In odd-numbered years the primary elections will be held the first Tuesday in August, and the general
election will be held on the Tuesday following the first Monday of November of odd-numbered years.
 Local elections that would have been held in April 2017 will now be held in November 2017.
 HB 2104 specifies that positions that would expire at any time in 2017 now expire on the second Monday in
January 2018. In the future, these elected officials will take office the second Monday in January following
the election.
 Current elected commissioners, Lisa Weakley, Mark Preisinger and Charles Raney with their term of office
expiring April 2017 will hold onto their seats for nine (9) extra months or until the second Monday in January
2018; and Larry Dedeke and Nancy Bauder with their term of office expiring April 2019 will hold onto their
seats for nine (9) extra months or until the second Monday in January 2020
Leavenworth City Commission Meeting November 24, 2015
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
City Commissioners also discussed the Mayor, Mayor Pro-Tem and Financial Claims Reviewer positions. All
agreed to change these appointments effective January 2016 and based on the Code of Ordinances Sec. 2-29
the governing body can make this decision (no ordinance changes will be necessary)
Consensus to place an ordinance on first consideration to amend Article II Governing Body.
Ordinance Condemnation for 4th and Poplar Geometric Improvements Project – Deputy Public Works Director Mike
Hooper recommended approval of an ordinance necessitating the appropriation of private property by
condemnation. Following procedure as outlined by State statutes:
 City Commission adopted Resolution B-2123 on November 17, 2015 declaring the necessity of acquiring
property through eminent domain and authorized a survey and description of the land to be condemned.
 The next action requires the adoption of the proposed ordinance as prepared by the City Attorney.
 Property has been acquired by the City from most of the property owners.
 The remaining tracts to be acquired in this area by condemnation are described in the attached ordinance.
The property is generally described as:
Owner and Address
Andrew Newton, Post 94, American Legion Corporation 229 Maple St., Leavenworth, KS
AutoZone, Inc. 1600 S. 4th St., Leavenworth, KS
 John Amrein, with Land Co has appraised the property and met with owners of these properties in an effort
to negotiate an agreement; this effort will continue.
Consensus to place an ordinance on first consideration for condemnation proceedings for the 4th and Poplar
Geometric Improvements Project.
Consent Agenda:
Claims for November 7, 2015 through November 20, 2015 in the amount of $1,789,817.61; Net payroll #23 dated
November 13, 2015 in the amount of $278,789.63 (no Police and Fire pension payroll). Commissioner Bauder moved
to approve the consent agenda, as presented. Commissioner Preisinger seconded the motion and was unanimously
approved.
Other Items:
Executive Session for Land Acquisition and Litigation - Commissioner Preisinger moved to go into executive session
for land acquisition and litigation at 7:24 p.m. and return to open session at 7:39 p.m. Commissioner Raney seconded
the motion and was unanimously approved. The Commission returned to open session at 7:39 p.m.
Purchase Land for Leavenworth Water Department – Commissioner Preisinger moved to purchase property on
behalf of Leavenworth Water Department in the Nash Subdivision No. 1 from “The Joseph A. Nash and Gloria C. Nash
Restated Living Trust Dated February 13, 2013” in the amount of $6,000.00. Commissioner Raney seconded the
motion and was unanimously approved.
Adjourn – Commissioner Preisinger moved to adjourn the meeting. Commissioner Bauder seconded the motion and
was unanimously approved.
Time Meeting Adjourned 7:40 p.m.
Minutes taken by City Clerk Karen J. Logan, MMC
Leavenworth City Commission Meeting November 24, 2015
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