November 6
CITY OF HIAWATHA
CITY COMMISSION MINUTES
MONDAY, NOVEMBER 6, 2006
5:35 P.M.
HIAWATHA CITY HALL
723 OREGON ST.
1. Pledge of Allegiance/ Call to Order
The Hiawatha City Commission met in regular session at 5:35 p.m. on Monday, November 6, 2006, at City Hall with Mayor Gernon, Commissioner Schmitt, and Commissioner Collins present. Commissioner Gamble and Commissioner Shamburg were absent.
2. Approval of minutes of the October 30, 2006 City Commission meeting.
Commissioner Schmitt made a motion, seconded by Commissioner Collins, to approve the minutes from the October 30, 2006, City Commission Meeting as presented. Motion carried. 3 ayes.
3. Presentation of petitions, public comments, memorials.
City Administrator Lynne Ladner stated that Police Chief Evans Woehlecke has celebrated 15 years of working with the city, and Jeanette Ward has celebrated 10 years with the city today. She would like to recognize these dedicated employees.
The Commission thanked both Chief Woehlecke and Ms. Ward for their hard work and service. They both had their picture taken with the Mayor.
Richard Davidson, 310 Hiawatha, stated he had a water leak about a month ago. He stated it took exactly a week for the people to come over after he notified everyone. He could not start digging up the area until after the lines were marked. He stated that he would like some relief to his bill.
City Administrator Ladner provided the Commission with documentation concerning Mr. Davidson’s leak for review.
Commissioner Collins asked Mr. Davidson where the leak was located. Richard Davidson stated that it was on his side of the meter. Mr. Davidson said that he had waited a week for the utility lines to be marked. He stated that after waiting a week, within two hours everyone had their lines marked so he could start digging.
Commissioner Schmitt asked if the date on the Kansas One Call report was the initial date the leak was called in to the City. Administrator Ladner explained that the Kansas One Call report was sent to the utility department on October 2, 2006 and it was a “Standard” notification, not an “Emergency”. Water Department Supervisor Rick Koenig and his crew marked the line on October 3. The Kansas One Call report stated that work was not to begin until October 5.
Mr. Davidson stated that Kenneth Aeschliman, City meter reader, was the one who notified him of the leak.
Commissioner Collins asked if the leak was located inside the house. Mr. Davidson stated that the leak was about three feet away from the meter on his side.
Commissioner Collins asked if Mr. Davidson felt that the City was liable for his water leak. Mr. Davidson did not blame the City, but would like some relief from a high water bill.
Commissioner Schmitt stated that with the documentation provided to them, the City staff came within the time allotted, and actually earlier.
Commissioner Collins stated that since the leak was on Mr. Davidson’s side of the meter, he would be responsible for paying his bill.
Old Business
New Business
4. Jason Smith, Rainbow Communication Cable TV System Upgrades and Future Plans in the City of Hiawatha.
Jason Smith, Director of Marketing, from Rainbow Communications, based out of Everest, presented to the Commission that the company is planning to move into the city. The construction crew is P.S.B., Inc. They are replacing the electronics and several fiber optic nodes in town to do a manual upgrade to a system they have now. He stated that currently the system is at a 550 megahertz, and they are at their full capacity. The company is upgrading to a 750 megahertz system. Along with this upgrade, Rainbow will not only be improving their cable TV system, adding additional offerings for video, and looking for increase network on their data for the internet; they will offer digital phone service.
Rainbow Communications has purchased a building in town and plan to be open by the end of the first quarter in 2007. The customer service and marketing division will be located out of Hiawatha. They will still have headquarters out of Everest. Their service extends from Seneca to Elwood to Horton.
Mr. Smith stated that he is very excited about the plans they have so far and look forward to working with the community.
The construction is under way and should be finished sometime in December. Last Wednesday, Angie Kreider, Customer Service Manager, and himself met with the 35 business customers they have in town to discuss their construction plans. Most of the work is being done during the daytime, and could cause some outages. They have notified their customers and there will be a press release in the newspaper this week.
Mayor Gernon welcomed Rainbow to town, and thanked him for taking up one of the empty stores in town, and asked about how many employees may be located here.
Jason Smith stated that there will be approximately 6 – 8 employees in the local office.
5. Consider Approval of Ordinance 973 Prohibiting the Feeding of Wildlife.
City Administrator Ladner stated that the Hiawatha City Lake has a growing population of both domesticated and migratory waterfowl resident to its property. The negative result of this growing population is two fold. Over the past summer and fall months the City has received complaints regarding the considerable amount of excrement from the animals making the shelters, sidewalks and other amenities virtually unusable without considerable effort expended to clean the area prior to use. The other issue that exists from this problem is the potential for disease transmission from the migratory waterfowl. Not wanting to make a mountain out of a mole hill nor to treat it too lightly a potentially dangerous issue the spread of the avian flu can be associated with these migratory birds.
In discussions with the Kansas Department of Wildlife and Parks about the best method for containing the population of these animals, it was stated that nothing can currently be done to control the population without the restriction of feeding these animals. Allowing the animals to be fed by the general population is equated with baiting the birds and prevents the state from authorizing a special hunt or other population control efforts.
The Commission should have received via e-mail a copy of the ordinance from the City Attorney. This ordinance would only apply to the Hiawatha City Lake, and not to any other city properties.
Mayor Gernon asked if Sewer Department Supervisor Dave Grimm had been in contact with Kansas Department of Wildlife. City Administrator Ladner stated that they had been in contact with the Wildlife Department. They had stated that the population last year of migratory waterfowl was about 750 birds a day. The Fish and Game has estimated that this year there will be approximately 1000 - 1500 birds at any given time during the migratory season.
In addition, the birds on the lake are killing the lake. The fish are having a hard time surviving. The City also has hope of raising enough money to put a nice bridge across the lake. The bridge would not look so nice after about a 2000 bird population at the lake.
Mayor Gernon asked if they would like to make a decision tonight, or wait until the full Commission was present.
City Administrator Ladner felt it would be better to wait until they had a full quorum to make an approval of the ordinance. This would give everyone an opportunity to voice their opinions.
Commissioner Schmitt felt that something needs to be done at the Lake. If the city is looking at making improvements at the Lake, the waterfowl will be a detriment situation when someone wants to use the shelter houses, and they are in horrible condition, and takes a significant time to clean up to make them usable.
A citizen inquired if the couple whom was responsible for the ducks was still taking the ducks away for the winter. City Administrator Ladner stated that she did not believe that there was a formal arrangement with the couple.
Commissioner Collins believed that there was an agreement for the couple to take care of the ducks at the Lake.
City Administrator Ladner stated that the City had an agreement with Jack Oldridge, who has since passed away. There was not an agreement with the couple who took over.
Commissioner Collins stated that he thought there was still an agreement with the other couple.
Administrator Ladner stated that she has not seen any documentation of this agreement.
Commissioner Schmitt stated the couple is Mike and Janelle Dickinson. She did not remember if they had a written agreement when they took over the care of the ducks.
City Administrator Ladner stated the City has looked at other options for the Lake. They could put a noise device out there. She has spoken to different communities, and was informed that the device works great for about six months, then the birds kind of adapt to the noise.
Administrator Ladner stated that she had been in contact with a gentleman from Oklahoma, who is not licensed in Kansas. He said that the Fish and Game could put the City in touch with someone. They come in during the molting season when the birds are unable to fly. They will capture them and relocate the birds to a State Game Preserve more than 100 miles away. Apparently, if the birds are relocated more than 100 miles away, then they are not able to migrate back to the same location.
Administrator Ladner stated that this would be the option to entertain instead of the City allowing someone to hunt the birds at the Lake. If we allow a special hunt on City property for the waterfowl, then people may seek to do so on an annual basis.
Mayor Gernon agreed to look at the ordinance and make a decision when the full Commission was present.
6. Consider Approval of Payment to Salem Grain Co. Inc. for the Annual Rent on the Warehouse at Tenth and Miami Street.
City Administrator Lynne Ladner stated that the warehouse at Tenth and Miami, otherwise known to City staff as Twombly’s, is used for storage. The annual rent for $1700 is due for the usage from December 16, 2005 to December 15, 2006. There is documentation that states that there will most likely be an average 3% increase annually starting in 2005.
Commissioner Collins stated that the building needed to be updated so it would not look like a derelict property. Administrator Ladner said that would be up to the property owner.
Commissioner Collins stated the City would be better off building their own facility to store the salt and sand.
Commissioner Collins asked if the building was within the railroad easements and if the City paid the railroad for that usage. Administrator Ladner said that she believed that the City did pay Union Pacific for the usage.
Commissioner Schmitt stated the payment for the rent was for a period that has mostly past.
Commissioner Schmitt made a motion, seconded by Commissioner Collins to approve payment to Salem Grain for the annual rent on the warehouse at Tenth and Miami Streets in the amount of $1700 for the December 16, 2005 to December 15, 2006 fiscal year. Motion carried. 3 ayes.
7. Consider Approval of Payment to the State Treasurer for Principal and Interest Due on Bond Issue 2005 Series D.
City Administrator Ladner stated that the first annual payment on the 2005 Series D bond is due to the State Treasurer in the amount of $64,460.27 in interest and $24,539 on the principal for the total amount of $88,999.27.
Commissioner Schmitt made a motion, seconded by Commissioner Collins to approve the payment to the State Treasurer for principal and interest due on Bond Issue 2005 Series D in the amount of $88,999.27. Motion carried. 3 ayes.
8. Consider Approval of Payment to Bottorff Construction for October 2006.
City Administrator Ladner stated that the City has received a payment from Bottorff Construction for payment of the October installment of the Streetscape construction in the amount of $223,432.20. Of that amount, $21,407.40 is for the water main portion of the project and not subject to any reimbursement. $202,024.80 is for the Streetscape portion of the project and will be submitted to KDOT for 80% reimbursement. This puts the project at about 60% complete.
Commissioner Schmitt made a motion approve payment to Bottorff Construction in the amount of $223,432.20 for the October installment of the Streetscape project and water project and submit to KDOT for the 80% reimbursement on the Streetscape portion.
Commissioner Collins asked if the amount due was the $202,024.80 plus the 80% for KDOT. Administrator Ladner stated that portion was what is eligible for reimbursement from KDOT. She also explained that the City will owe the $21,407.40 for the water main portion of the project, plus the 20% of the $202,024.80 which is not eligible for reimbursement. The total bill that needs to be paid is $223,423.20.
Commissioner Collins seconded the motion. Motion carried. 3 ayes.
9. CONSENT AGENDA
a. Appropriation Ordinance #1105 in the amount of $36,149.87.
Mayor Gernon asked if there was anything unusual in the appropriation this time. Administrator Ladner stated that there was not.
Commissioner Collins made a motion, seconded by Commissioner Schmitt to approve the consent agenda as presented. Motion carried. 3 ayes.
10. Lynne Ladner, City Administrator.
City Administrator Ladner reminded the Commission that she will be gone to the City/County Manager’s Conference in Hutchison on Wednesday, Thursday, and Friday this week.
She has received notification from the League that City Hall day at the Capital is Thursday, January 25, 2007. If anyone is interested in attending, they need to let her know.
The League’s regional supper is next Wednesday in Lawrence at 5:30 p.m. If anyone is interested in attending, we need to R.S.V.P. by Wednesday this week.
The Commission was supplied with a response from the City Attorney in regards to the CRP stating that we are to return the $1860 to the Farm Service Agency. Don Cashman also recommended that the City buy out of the CRP based on the fact that it is unlikely the City during the term of the contract will receive payment on the lottery drawing.
According to the FSA, they are not required to do a lottery drawing each year. They did one the first year, and the only way someone can drop off of that is if they are up for expiration and choose not to renew. Their name would come off the list and everyone else would move up. If you are receiving money now, why would you choose not to renew, because you are basically guaranteed a payment.
There is absolutely no guarantee that the City will ever receive a payment before our contract expires in 2015.
Commissioner Collins asked if there were any penalties if the City bought out the contract.
Administrator Ladner stated there are no payments, no past penalties, but the City would have to pay $465 to get out of the contract at this time.
Mayor Gernon asked what the time line was on buying out of the contract.
Administrator Ladner stated that we have basically any time between now and when they may potentially get a payment, which would be September 2007.
Dave Grimm is contacting the farmer whom farms the property on either side to see if he would be willing to bid to farm that area as well.
11. Mayor Gernon.
12. Com. William Collins.
13. Com. Curtis Gamble.
14. Com. Marianne Schmitt.
15. Com. Steffen Shamburg.
16. Adjourn.
Commissioner Schmitt made a motion, seconded by Commissioner Collins to adjourn. Motion carried. 3 ayes.
6:11 p.m.