Commission approves appointments, licenses and contracts; rescinds elevator award and reassigns bid

The Leavenworth City Commission on May 27, 2025, approved a slate of appointments and routine business, authorized multiple construction and repair contracts, approved a local cereal-malt-beverage license for a nail salon, and voted to rescind a previously awarded elevator modernization contract and award the work to the second-low bidder.

Why this matters: The rescission and re-award for the Riverfront Community Center elevator changes the contractor and shifts about $6,900 of the project cost to CIP reserves; the stormwater and elevator contracts affect high-use public facilities; the special-use and appointment actions shape local land-use and regulatory oversight.

Key actions and outcomes

- Approve minutes (regular meeting, 05/13/2025): motion approved; outcome: passed (unanimous vote recorded by commission).

- Appointments and reappointments to advisory boards: the commission appointed or reappointed members to the Board of Zoning Appeals (Ted Davis, unexpired term ending 05/01/2027), Electrical Board of Appeals (Tyler Haas, term ending 05/01/2030), Mechanical Board of Appeals (Judy Price, term ending 05/01/2030), and Plumbing Board of Appeals (Terry Scarf, term ending 05/01/2030). Motions carried by voice vote; vote tallies recorded as unanimous in the meeting (5–0).

- Cereal malt beverage license for 818 Nail Salon (619 South Fourth Street): the commission approved an on-premises consumption cereal-malt-beverage license for 818 Nail Salon; the police department had reviewed and approved the application. Motion passed 5–0.

- Acceptance of land dedication for public utilities — Phil’s Corner final plat: the commission accepted utility easements and approved the final plat for signature as presented. Motion passed by unanimous vote.

- Elevator modernization contract (Riverfront Community Center): staff reported the originally approved contract with TK Elevator Corporation (award amount $168,720) could not be executed because TK Elevator had not returned signed contract documents or bonds in a timely way. Staff recommended rescinding that award and awarding the modernization to the second-low bidder, Otis Elevator, at not-to-exceed $190,700. The commission voted to rescind the TK Elevator contract and then to award the contract to Otis; motions passed by unanimous vote. Staff said $183,789.20 remained in the 2025 CIP for the project; the $190,700 award exceeds that balance by a little over $6,900, which staff proposed to cover from CIP reserves.

- Stormwater repair contract (Sixth Avenue and Spruce): the commission authorized the mayor to sign a construction-services contract with Lonnie Weaver Construction for Sixth Avenue and Spruce stormwater repair in the amount not to exceed $100,980. Staff said the project was bid on Bonfire, the low qualified bidder was Lonnie Weaver Construction, and the stormwater capital projects fund had $125,000 budgeted for the project. Motion passed 5–0.

- Ordinance to rescind certain special-use permits (consensus to place on first consideration): staff presented an ordinance to rescind special-use permits that are no longer being used at several addresses (child-care centers at 1205 Ninth Avenue, 1226 Limit Street, 3812 Clayton Drive; a residential home-stay unit at 723 South Tenth Street; and an assisted-living/adult-day program at 2103 Metropolitan). The commission gave consensus to place the ordinance on first consideration; no final vote occurred at the meeting.

- Special-use permit (414 Pottawatomie Avenue) — daycare for up to 12 children: the commission received staff presentation and the planning commission recommendation for a special-use permit allowing an in-home daycare limited to 12 children, Monday–Friday hours (staff indicated 7 a.m.–5 p.m.). Planning-commission conditions included a minimum 1,200 square feet of open space enclosed by a minimum 4-foot fence, annual proof of the state’s permanent family childcare home license at renewal, no additional home occupations at the residence, and annual renewal of the special-use permit. The planning commission recommended approval unanimously; the city commission gave consensus to proceed as presented (first consideration/consensus approval).

- Consent agenda (claims and payroll): the commission approved claims for 05/09/2025 through 05/22/2025 totaling $1,232,457.56 and payroll number 10 (effective 05/16/2025) in the net amount of $428,177.76, which included police and fire pension payments totaling $7,753.58. Motion passed by unanimous vote.

- Executive session: the commission recessed into an executive session for 30 minutes to discuss zoning matters in consultation with the city attorney under KSA 75-4319(b)(2). The motion specified the city manager and city attorney would attend and that no public vote was expected afterward.

Discussion vs. decision: Most items were routine approvals or consensus decisions following staff recommendations. The elevator award was the most substantive contract discussion, with staff explaining difficulty securing contract signature and bonds from the originally approved contractor, the financial position of the project in the CIP, and staff’s recommendation to award to the second-low bidder. The special-use permit for the daycare included conditions imposed by planning staff and requires annual proof of state licensing.