CITY OF LEAVENWORTH
100 N. 5th Street,
Leavenworth, Kansas 66048
CITY COMMISSION REGULAR MEETING
COMMISSION CHAMBERS
TUESDAY, MAY 14, 2013 7:00 P.M.
CALL TO ORDER - The Governing Body met in regular session and the following commission members were present:
Mayor Laura Janas Gasbarre, Mayor Pro-Tem Mark Preisinger and Commissioners: Larry Dedeke and Lisa Weakley.
Absent: Davis T. Moulden
Others present: City Manager J. Scott Miller, Assistant City Manager Paul Kramer, Police Chief Pat Kitchens, Public
Works Director Mike McDonald, Riverfront Community Center Director Julia Anderson, Deputy City Clerk Carla
Williamson, City Attorney Tom Dawson, Public Information Officer Melissa Bower and City Clerk Karen J. Logan.
Mayor Gasbarre opened the meeting with the pledge of allegiance followed by silent meditation.
Proclamations - Mayor Gasbarre presented the following proclamations:
 Leavenworth Historic Preservation Month May 2012 – presented to Preservation Alliance of Leavenworth,
Leavenworth Preservation Commission and Leavenworth Main Street. They thanked the City for this
recognition.
 Leavenworth Bike Month May 2013 presented to Roger and Mr. Bill Cole, President of the Leavenworth
Bicycle Club thanked the City and other entities for all their support.
 National Kids to Park Day May 18, 2013 presented to Parks & Recreation Director Julia Anderson encouraged
families to participate in a photography contest and get out to the parks.
 National Police Week May 12-18, 2013 presented to Police Chief Pat Kitchens with the Leavenworth Police
Department. He thanked everyone for all their support of the Police Department.
 Leavenworth Public Works Week May 19-25, 2013 presented to Public Works Director Mike McDonald who
thanked everyone on behalf of all the staff working within the Public Works Department.
Consideration of Minutes – Commissioner Preisinger moved to approve the April 23, 2013 regular meeting minutes,
as presented. Commissioner Dedeke seconded the motion and was unanimously approved.
Professional Services for Eagles Ball Fields Design – Parks & Recreation Director Anderson highlighted the design
services proposed with VSR Design.
 Requested approval for the design of the Eagles Ball Fields in the amount of $70,000
 On April 16, 2013, staff, park board members, and Vance Rzepka of VSR Design met with the City Commission
at a study session to review the Eagles Ball Fields Design and the department's field availability and usage
 There is a need for additional ball fields since Cody Park was inadequate for men’s softball and would allow
for additional practice fields for baseball and softball
 History of how the project was conceived
 Diverted funds from Cody Park Project to fund the Eagles Ball Fields Project as approved on November 27,
2012 in the Capital Improvements Program 2013-2017
 The allocation of $970,000 was approved for the design and construction of a new ball and practice field
located at 21st and Choctaw to be utilized for men's softball leagues and spring baseball practices
 Project will gain the city one additional ball field and a practice field
 Currently, the women play at Hawthorn Park on field #1 which measures 188' to right field, 246' to center,
and 228' to left field. The ASA field standards for women's softball are 265'minimum fence distance. Cody
Park field is 275' sufficient for women’s softball.
 Cody Park also provides playground accommodations for the children of softball players. The layout of the
park is such that children will not have to dart back and forth through vehicle traffic between the field and
playground as they currently do at Hawthorn Park.
 Project is recommended by staff and the Parks Advisory Board
Leavenworth City Commission Meeting May 14, 2013
Page 1
Commissioner Preisinger asked for clarification of the women’s softball regulations. He then asked if the timing was
right to proceed with this project. He was concerned with spending $1 million for this project due to the declining tax
base and economy. Mr. Preisinger stated that it still is not the right time to do the Eagles Ball Fields Project. He added
that if we need the ball field capacity, public works probably could make this a usable field for practices. Residents
within the community have told him it is not the right time for this project.
Commissioner Dedeke basically agreed with Commissioner Preisinger and the residents he spoke with do not believe
this is the right time to do this project. He knows we need another park, but would prefer to install a backstop and
just allow practice playing at this time.
Commissioner Weakley stated that her citizens supported the project and wanted to see the program grow. She
stated this would enhance the whole program not just one ball field. The project allows for growth; and stated “do
not under estimate the park’s programs.” This is a family event with summer entertainment. The project would
enhance the community.
Mayor Gasbarre stated she was torn; she was concerned that if we do the design now and then down the road the
funds were not available to proceed with the project we would have wasted the funds for the design.
Ms. Anderson stated that the city saved money on the HVAC system and the Animal Control Project. This project
would ultimately enhance the men’s softball program because Cody Park is not a good field for the men. Staff is
trying to manage the programs and increase activity for all participants. She stated staff is really working on the
sports programs and making them much better. Ms. Anderson mentioned that she liked the location of Eagles Ball
Fields which is near Sports Field and easier for staff to maintain.
City Manager Miller stated he understood the financial dilemma, but this is the last ball field staff was planning to
construct. He stated we would not see additional fields being built in the near future and that it could be at least ten
years down the road.
Commissioner Preisinger understood Commissioner Weakley’s comments to enhance the parks, but he felt that we
were not currently turning anyone away to play at the ball fields. He was also concerned about additional traffic on
20th Street and the repairs needed for that street. He just disagreed with the timing of this project.
Commissioner Weakley stated that this is not something that would be built this year; the construction would take a
few years to build and the fields would not be ready to use until 2015.
Commissioner Dedeke stated that he was not willing to spend $3 million tonight on the Animal Control Facility
Project and the Eagles Ball Field Project.
Commissioner Dedeke moved to table the Eagles Ball Field Project until May 28, 2013. Commissioner Weakley
seconded the motion and was approved 3-1 No: Preisinger.
Citizen Participation – No response.
Mayor’s Appointments to the Board of Zoning Appeals, Building Code Board of Appeals, City Planning, Community
Development Advisory Board, Electrical Board, Leavenworth Preservation Commission, Library Board, Mechanical
Board of Appeals, Plumbing Board, Sidewalk Advisory Board and Youth Advisory Commission – Mayor Gasbarre
recommended the following appointments:
Board of Zoning Appeals - Re-appoint Michael Bogner to a term ending 5-1-2016
Building Code Board of Appeals - Appoint Stephen Kaaz to a term ending 5-1-2018
City Planning Commission - Appoint Frank Wenzel to a term ending 5-1-2016
Community Development Advisory Board - Appoint Charles Davis to a term ending 8-31-2014; Mike Law and
Kathryn Schiller to terms ending 8-31-2016
Leavenworth City Commission Meeting May 14, 2013
Page 2
Electrical Board - Reappoint Kevin Wendt to a term ending 5-1-2018
Leavenworth Preservation - Reappoint Rebecca Stewart and Jane Geis to terms ending 4-15-2016
Library Board - Reappoint Justin Stewart and appoint Deborah Baeuchle to terms ending 4-30-2017
Mechanical Board of Appeals - Reappoint Chuck Moorehead to a term ending 5-1-2018
Plumbing Board - Appoint Tim Elliott to a term ending 5-1-2018
Sidewalk Advisory Board - Appoint Mike Boaz to a term ending 3-15-2016
Youth Advisory Commission - Appoint Savannah Lucas to a term ending 6-30-2015
Mayor Gasbarre moved to approve the appointments as presented. Commissioner Preisinger seconded the motion
and was unanimously approved.
Cereal Malt Beverage License at Fast Stop 1031 Metropolitan Avenue – City Clerk Logan recommended approval of
an Off-Premise Cereal Malt Beverage License for 1031 Metropolitan Avenue.
Commissioner Preisinger moved to approve an Off-Premise Cereal Malt Beverage License at Fast Stop 1031
Metropolitan Avenue, as presented. Commissioner Dedeke seconded the motion and was unanimously approved.
Potential Sale of Rail Car at 801 Esplanade – Assistant City Manager Kramer discussed the potential sale of the rail
car and he highlighted:
 Purchased property at 801 Esplanade in 2010 and the rail car was on the property
 City would need to go through the bid process to sale the rail car
 The car is in rough shape, there is fire damage and a salvage company has expressed interest in the rail car
Commissioner Weakley moved to advertise for sale the rail car at 801 Esplanade. Commissioner Preisinger seconded
the motion and was unanimously approved.
Fund Appropriation to Governor’s Military Council - City Manager Miller highlighted the fund appropriation for the
Governors’ Military Council:
 2012 Governor Brownback cutback the Military Council and get six cities with military installations to
contribute to the Military Council
 Used to protect/support the Army installations within the State of Kansas
 City’s contribution would be $5,000
 Support the work of the Governor’s Military Council
 Hopeful that Leavenworth County will match the $5,000
 Military Affairs meets monthly at the Chamber Offices
Commissioner Dedeke moved to approve the fund appropriation for the Governor’s Military Council in the amount of
$5,000.00. Commissioner Weakley seconded the motion and was unanimously approved.
Contract No. 2013-25 Exterior Sealant Project at Planters II – Assistant City Manager Kramer reviewed the bids for
the sealant project at Planters II. He stated the Project to take place at Planters II and will take around 100 days to
complete. Staff will also provide the tenants weekly updates during the construction.
Bids received:
1. Western Waterproofing
2. Restoration and Waterproofing
3. MTS
$ 89,620 (low bid)
123,631
136,000
Commissioner Dedeke moved to approve the low bid from Western Waterproofing in an amount not to exceed
$89,620.00. Commissioner Preisinger seconded the motion and was unanimously approved.
Contract No. 2013-26 Animal Control Facility Project – Police Chief Kitchens recommended approval of the low bid
submitted by Wilcott Construction for the new Animal Control Facility.
Leavenworth City Commission Meeting May 14, 2013
Page 3
Bidder
Base Bid
Unit Price 1
Remove &
Replace
Unsatisf.
Soil/per CY
Unit Price 2
Addition grout
fill material/per
CY
Alt 1
Dog Kennel
Addition
Alt 2
Add'l
Tubular
Daylight
Devices
Alt 3
Fiber Cement
Siding
Substitution
Alt 4
Alternate
Kennel
Equip
Wilcott Construction
Herner Construction
Miller Stauch Construction
2-Point Construction
Construction Services Bryant
Architect's Estimate
Julius Kaaz Construction
Harmon Construction
Combes Construction
Excel Constructors
Burns & McDonnell
McTech Corp.
Allison & Alexander
Average Bid
$ 1,895,000
$ 1,911,000
$ 1,930,000
$ 1,932,000
$ 1,959,000
$1,976,311
$ 2,044,000
$ 2,049,989
$ 2,061,000
$ 2,098,000
$ 2,129,000
$ 2,170,000
Not Read
$2,016,272
$ 75.00
$ 27.50
$ 100.00
$ 30.00
$ 35.00
$ 182.00
$ 181.50
$ 200.00
$ 300.00
$ 350.00
$ 90,000
$ 97,000
$ 98,000
$ 97,000
$ 101,000
$ 8,200
$ 12,750
$ 8,500
$ 10,865
$ 11,000
$$$ 1,800
$$ 1,000
$$$$$-
$ 15.50
$ 38.00
$ 35.00
$ 40.00
$ 22.00
$ 116.00
$ 181.50
$ 185.00
$ 330.00
$ 180.00
$ 183.00
$ 184.00
$ 88,690
$ 96,000
$ 105,000
$ 114,000
$ 84,500
$ 99,000
$ 10,780
$ 10,300
$ 9,400
$ 12,000
$ 10,100
$ 11,800
$ 3,190
$ 3,200
$ 7,000
$ 19,000
$ 623
$ 900
$$$$$$ 4,000
Chief Kitchens highlighted:
 March 19, 2013 presented the design to the City Commission and consensus to move forward with a 7,728
square foot building
 Reviewed the alternative bids for the project and staff recommended accepting Alternates 1, 2 and 3
 Mandatory pre-bid meeting held April 11, 2013
 Opened the bids on May 2, 2013
 Two additional allocations that are not included in the bid:
o Testing and inspection for the project plus additional site visits and
o Furnishing the facility (furniture, fixtures and equipment)
o These items will be bid separately
Commissioner Preisinger asked if any sub-contractors will be Leavenworth vendors and stated that he was hoping
there would be local contractors. He also asked about the changes to the specifications for steel roofing materials to
be factory cut versus rolled roofing materials cut on site. He was concerned with this change to the roof portion of
the specifications and stated that matching the pre-cut factory cut steel roof could be complicated. Mr. Preisinger
also asked about Alternate 2 tubular daylight devices and stated that he does not care for sky lights.
Chief Kitchens explained the roofing materials, the tubular day lighting for the facility and changes to the facility. He
stated staff could consider those issues with the contractor during the pre-construction meeting.
Commissioner Dedeke stated that tubular lights could increase the cost for heating and electricity in the facility.
City Manger Miller stated that staff would sit down with the contractor to see if money could be saved on the roofing
or tubular lighting.
Mayor Gasbarre stated that the tubular sky lights might help the facility with light in the winter months and would
not want to change the sky lights.
Chief Kitchens asked for approval of the base bid of $ 1,895,000 to include Alternate 1 Dog Kennel Addition $90,000,
Alternate 2 Tubular Daylight $8,200 and Alternate 3 Fiber Cement Siding $0. The Commissioners discussed excluding
Alternate 2 Tubular Daylight Devices and all agreed.
Commissioner Preisinger moved to approve the base bid of $ 1,895,000 to include Alternate 1 Dog Kennel Addition
$90,000 and Alternate 3 Fiber Cement Siding $0 from Wilcott Construction, Inc. in an amount not to exceed
$1,985,00.00. Commissioner Dedeke seconded the motion and was unanimously approved.
Leavenworth City Commission Meeting May 14, 2013
Page 4
Resolution B-2048(b) (Amended) Authorize Animal Control Facility – City Clerk Logan stated Resolution No. B-2048
was approved on March 12, 2013 which authorized and provided for the construction, furnishing and equipment for
the Animal Control Facility Project with a cost estimate of $2,260,000. Bids were opened on May 2, 2013 and now
Resolution No. B-2048 needs to be amended to increase the bond authorization to $2,305,000 from $2,260,000. The
increased amount includes all costs for construction, furnishing, equipment, bond issuance, and interest.
Commissioner Weakley moved to amend Resolution B-2048(b), as presented. Commissioner Preisinger seconded the
motion and was unanimously approved.
Resolution B-2055 Limit Street Project from 15th to 20th Street – Public Works Director McDonald stated this
resolution awards the contract and commits the city matching funds of $312,000 for the Limit Street improvements
from 15th to 20th Street.
Commissioner Dedeke moved to approve Resolution B-2055 for the Limit Street Project from 15th to 20th Street.
Commissioner Preisinger seconded the motion and was unanimously approved.
Resolution B-2056 Set Hearing for Unsafe Structures – Public Works Director McDonald recommended a resolution
setting the public hearing on June 25, 2013 for unsafe structures damaged by fire. The locations are: 607 N. 12th
Street, 703 S. Broadway and 408 Marion. The Chief Building Inspector Burdette recommended to proceed under the
provisions of K.S.A. 12-1750 et. seq.
Commissioner Preisinger moved to approve Resolution B-2056, as presented. Commissioner Dedeke seconded the
motion and was unanimously approved.
Resolution B-2057 Redemption of Series A2012 Temporary Notes – City Clerk Logan stated Resolution No. B-2057
authorizes redemption of all of the outstanding Temporary Notes, Series A2012 (i.e. $1,635,000) maturing on July 1,
2014 for redemption and payment on or after July 1, 2013. Once the resolution is approved by the City Commission,
both the Treasurer of the State of Kansas and the note holder UMB Bank, N.A. will be notified forty-five (45) days
prior to the redemption date.
Commissioner Preisinger moved to approve Resolution B-2057, as presented. Commissioner Dedeke seconded the
motion and was unanimously approved.
Resolution B-2058 Authorize Public Sale of A2013 Temporary Notes & 2013-A General Obligation Bonds – City Clerk
Logan stated Resolution No. B-2058 authorizes and provides for the public sale of General Obligation Bonds, Series
2013-A and Temporary Notes, Series A2013. The bond and note sale will be on Tuesday, June 11, 2013. The results
will be presented to the City Commission the same evening. The General Obligation Bonds, Series 2013-A will be in a
principal amount of $3,860,000 which includes all interest and issuance costs for the following projects:
General Obligation Bonds, Series 2013-A
Asphalt Overlay
KLINK K-7 Pennsylvania to Rees, K92 4th to 6th
KLINK K92 10th to 15th
Animal Control Design
10th and Thornton Traffic Signal
Library HVAC
North Esplanade Park Trail
Centennial Bridge Lighting
Animal Control Facility
710,030
134,960
160,340
138,345
82,955
84,000
44,500
159,040
2,180,000
Temporary Notes Series A2013 in the principal amount of $1,530,000 will be used to temporarily finance the 2013
General Improvements until after the projects are complete.
Leavenworth City Commission Meeting May 14, 2013
Page 5
Temporary Notes A2013 for 2013 General Improvements:
Asphalt Overlay
732,000.00
Riverfront Pool Pak Replacement
244,715.00
Municipal Court Software
160,000.00
David Brewer Park Restrooms
120,000.00
Bridge, Cherokee over 3 Mile Creek
81,650.00
Eagles Ball Fields
70,000.00
Police Mobile Video Recorders
62,760.00
North Esplanade Light Poles
26,910.00
Commissioner Preisinger moved to approve Resolution B-2058, as presented. Commissioner Dedeke seconded the
motion and was unanimously approved.
Consent Agenda - Claims for April 20, 2013 through May 10, 2013 in the amount of $1,151,215.01; Net payroll #9
dated May 3, 2013 in the amount of $294,773.32. Commissioner Weakley moved to approve the consent agenda, as
presented. Commissioner Dedeke seconded the motion and was unanimously approved.
Other Items:
Budget Work Sessions – City Manager Miller discussed date options and all agreed with July 10, 11 and 12, 2013
starting at 1:00 p.m.
Goal Setting Session – Mayor Gasbarre discussed date options and all agreed to change the Goal Setting Session to
May 31, 2013 at 1:00 p.m.
Commissioner Preisinger discussed the new “No Littering” signs and the locations where the signs were placed
throughout the City. He also attended the Police Awards Banquet on May 13th and enjoyed the event. Mr. Preisinger
mentioned that if a concerned citizen sees something, to say something. The Police Line to call is 682-CLUE.
Commissioner Dedeke referenced the law enforcement awards banquets held by the City and Leavenworth County;
he asked staff to consider holding the events on different dates. Police Chief Kitchens stated he would work with
Leavenworth County Sheriff Dedeke. Mr. Dedeke mentioned the 10th Avenue traffic signal and the cost savings of
around $50,000 with staff managing the project.
Mayor Gasbarre also attended Police Awards Banquet on May 13 and suggested recognizing officers at the City
Commission meetings. She mentioned the neighborhood watch program and asked for the citizens to get involved.
Executive Session – Commissioner Dedeke moved to go into executive session for 10 minutes at 8:45 p.m. for
discussion concerning land acquisition. Commissioner Preisinger seconded the motion and was unanimously
approved. The City Commission returned to open session at 8:55 p.m.
Adjourn – Commissioner Dedeke moved to adjourn the meeting. Commissioner Preisinger seconded the motion and
was unanimously approved.
Time Meeting Adjourned: 8:56 p.m.
Minutes taken by City Clerk Karen J. Logan, MMC
Leavenworth City Commission Meeting May 14, 2013
Page 6