January 22

CITY OF HIAWATHA

CITY COMMISSION MINUTES

MONDAY, JANUARY 22, 2007

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 on Monday, January 22, 2007, at 5:35 p.m. at City Hall with Mayor Gernon, Commissioner Gamble, Commissioner Schmitt, Commissioner Collins and Commissioner Shamburg present.

2.      Approval of minutes of the January 16, 2007, City Commission meeting.

Commissioner Schmitt made a motion, seconded by Commissioner Gamble, to approve the minutes of the January 16, 2007 City Commission meeting as presented. Motion carried. 4 ayes. 1 abstain. Mayor Gernon abstained.

3.      Presentation of petitions, public comments, memorials.

Mayor Gernon presented and signed the Proclamation for Kansas Reads…The Learning Tree. Cathy Newland, on behalf of the Friends of the Library, presented the Commission, City Administrator and City Clerk with the book, The Learning Tree.

Old Business

4.      Consider Adopting a Revised Telecommunications Policy to Add a Cell Phone Policy for City Employees.

City Administrator Ladner said that the City has the option of approving a cell phone policy to be in compliance with IRS regulations or eliminating the cell phones.

Mayor Gernon agreed that the City needs to be in compliance with the IRS and cell phones can provide more efficient employees.

Administrator Ladner explained that the City would be providing two options. The first option would be to provide the department heads with a stipend from $30 to $40 per month based on the amount of City usage they normally have. [This stipend, which would be a taxable payroll amount, would be for the purpose of paying a portion of the employee’s personal cell phone bill, provided that their personal cell phone would be carried and used for City business as well.]

The second option is that the City would provide the cell phone for the employee and the employee would reimburse the City for any non-business usage. This option could be used for the Police Chief so that he would not have to give out his personal cell phone number.

Administrator Ladner explained that the average amount currently being paid for cell phones is slightly over $32 per month per phone.

The personal usage was 23 minutes and under on the plans currently in place. Most of the employees carry their own personal phone for personal calls.

She explained that the reason for putting this policy in place was to be in compliance with the IRS, rather than saving money.

Her recommendation was that the stipend be $30 per month for the low end users and $40 per month for the high end users.

Commissioner Schmitt said that the City needs to be in compliance with the regulations that are in existence. Cell phones provide more efficiency for the employees.

Commissioner Schmitt made a motion, seconded by Commissioner Shamburg, to adopt the Telecommunications Policy and Cell Phone Policy for City employees. Motion carried. 3 ayes. 2 nays. Commissioner Gamble and Commissioner Collins voted nay.

 New Business

5.      Consider Proposal for Inspection and Engineering Support for Post Lantern Streetlight Project.

Administrator Ladner explained that the City’s contract with BG Consultants for work related to the Post Lantern Streetlight project concluded with the work that was done bringing the project through the pre-construction meeting held in December. When the bids were accepted for the project the Commission requested that Brian Kingsley submit to the City a proposal to provide construction inspection and engineering support during the project.

The proposal submitted by BG Consultants calls for four weeks of full time inspection with part time inspection for the duration of the project. It also calls for eight to sixteen hours of engineering support per month. The original engineers estimate for inspection was calculated at $75,400. The proposal submitted to the Commission is for a range between $49,000 and $54,000, subject to the City’s expectations for the level of inspection and engineering support for this project.

Administrator Ladner said that she had had a phone conversation with Brian Kingsley and discussed the proposal. She said that he is proposing 516 hours of observation, which comes out to just over $34,000 for inspection. The 516 hours are negotiable. The primary amount of it comes between February and March, when they will be doing the conduit boring and the pouring of the concrete bases for the new lights. They would also be doing full time inspection for the first four weeks as they are doing demolition to insure that they are not doing any negligent damage to the bases. It would also include observation and documentation of existing damage prior construction and damage made during construction.

The additional amount for the engineering support, the eight to sixteen hours per month of project engineering time is to check for completion of items billed for and to allow for the electrical subcontracting engineer to be in Hiawatha to consult on any potential problems.

The $49,000 to $54,000 is just a range. If the Commission wants to set a lesser amount for either inspections or engineering time, they could set a cap on what they would want to spend. If the project is not complete when the cap is reached, the Commission could ask for an explanation and/or provide additional funding.

Brian Kingsley, BG Consultants, said that he could come to the Commission meeting next week to answer any questions they might have.

Rance Hixson, Street Light Committee, said that he felt they should have inspection during the powder coating and preparation of the bases.

The Commission agreed that they would like to have Brian Kingsley come to the meeting next week.

No further action was taken.

6.      Consider Approval of Payment to Bottorff Construction for Work Completed Through December 29, 2006 on the Downtown Streetscape Project.

Administrator Ladner explained that Bottorff Construction has submitted a request for payment for work completed through December 29, 2006 in the amount of $106,015.50. This payment will be the last payment before submission of payment for substantial completion. A walk-through has been performed with the engineer, inspector, city administrator and contractor to develop a punch list of items yet to be completed or repaired. They are currently working on that punch list. The contractor said that the rest of the planters should be completed yet this week. They have done some concrete repair work and are working on a fix for the corner of Seventh and Oregon, which will include some asphalt hole patching to get the street level down to the new curb level necessary to meet grade requirements to keep water from running back into the clock tower building.

Dean Tollefson said that a downspout in the 500 block was draining onto the sidewalk and freezing and causing a problem.

Administrator Ladner said that she will check into it.

She said that they are approximately 85% complete with the project.

Administrator Ladner also mentioned that there is a problem with the light poles. The poles that we received were not the ones that were ordered. We had thought that we had come up with an acceptable fix. They were to have recessed a second outlet at the tops of the poles. When the poles were actually put up, the outlets were not recessed. When meeting with the Streetscape Committee it was discussed that the way they are currently is not acceptable. She has met with the lighting contractor and the engineer last week and the lighting supplier has agreed to replace the poles with new poles that meet the specifications that we were supposed to have received. We should be getting a letter from the contractor on what that entails before the final decision and approval at next week’s meeting. She said she assumes that they will be replaced at no additional cost, but won’t know until the letter has been received. Part of the problem is that because the poles are in a “wet location,” meaning they are not protected from the elements, they have to have an “in-use” cover, which allows you to plug something into the outlet and the cover still covers the outlet and the cord, according to the National Electric Code which the City has adopted.

Commissioner Gamble made a motion, seconded by Commissioner Collins, to approve the payment to Bottorff Construction in the amount of $106,015.50 for work completed through December 29, 2006. Motion carried. 5 ayes.

7.      Consider Approval of Payment to Wagner Excavating, LLC for Sanitary Sewer Main Replacement Between First and Second North of Iowa Street in the Alley and Manhole Replacement on Second Street.

Administrator Ladner explained that on December 11, the Commission approved the emergency repairs to the sanitary sewer main for an amount not to exceed $17,500 and the repair of the manhole on Second Street that was collapsing. The work has been completed in both areas by Wagner Excavating with new service hook-ups, 175 feet of main replacement and the manhole replacement. An invoice has been submitted for these repairs in the amount of $16,450.

Commissioner Collins made a motion, seconded by Commissioner Gamble, to approve the payment to Wagner Excavating for sanitary sewer and manhole repairs in the amount of $16,450. Motion carried. 5 ayes.

8.      CONSENT AGENDA

1. Payroll appropriation #1075 in the amount of $38,481.43.
2. Approve Contractor Licenses (2) and Tree Trimmer License (1).

Commissioner Gamble made a motion, seconded by Commissioner Collins, to approve the Consent Agenda as presented. Motion carried. 5 ayes.

9.      Lynne Ladner, City Administrator.

Administrator Ladner said that the Waste Water Department will meet on Wednesday, January 24, at 10:00 a.m. with KDHE for the one-year anniversary of the waste water plant, and will be touring the plant to make sure everything is working correctly. She invited the Commission to attend.

The Property Maintenance Committee will be meeting Wednesday, January 24, at 5:30 at City Hall. They should be finishing Chapter Eight of the Municipal Code, so that we can bring it to the Commission for final approval.

The Landlord Committee will be meeting at 7:00 p.m. at the Fisher Center on Wednesday, January 24.

City Hall Day at the Kansas State Legislature is Thursday, January 25, at Topeka. Administrator Ladner said she will be attending. She will also be meeting with Representative Lukert and possibly Senator Pyle to discuss issues that they may be aware of that the City may be involved in.

The Board of Zoning appeals and the Planning Commission both have meetings this Thursday, January 25, starting at 5:30 p.m.

The Chamber of Commerce Annual Dinner is Thursday, January 25, at 6:00 p.m. at the Country Cabin.

10.  Mayor Gernon.

Mayor Gernon asked Administrator Ladner if she had followed up with the [League of Municipalities] attorney on some items still in question. She replied that she had talked with Scott this week who said they had been wrapping up some other business and were now ready to continue with our Municipal Code this week. She said that she will be meeting with him on Thursday.

Mayor Gernon asked Administrator Ladner how the potential real estate sale was coming along. She said that she was waiting on the City Attorney to put together a Public Notice. The Public Notice will then be published. A waiting period of thirty days after publication is required before we can move forward with it.

Mayor Gernon said that he had received a letter from Sac & Fox asking for support on a public transportation grant they are trying to get. He asked that this be put on next week’s agenda as a resolution.

He commented on the City crew’s snow removal efforts.

11.  Com. William Collins.

Commissioner Collins also commented that the City has done an outstanding job on the snow removal.

He also said that the new planters are looking good.

12.  Com. Curtis Gamble.

Commissioner Gamble thanked the street crews for their hard work. He also said that he had gotten a call today about one of the streets owned by Wal-Mart, and wanted the public to know that the City does not maintain those streets as the City does not own them.

13.  Com. Marianne Schmitt.

Commissioner Schmitt also commented that the crews had done an excellent job on snow removal.

She asked Administrator Ladner if she had looked into seeing if there were any grants available on walking trails. Administrator Ladner said she has been checking into this. She said that upon the recommendation of the engineer in Horton, she has been talking to someone at KDOT who is in charge of all the walking path grants. She is sorting through them to see which ones the City might be eligible for.

14.  Com. Steffen Shamburg.

Commissioner Shamburg updated the Commission on the progress of his daughter’s project in which she, Bryn Wright and Sophia Fortmeyer had applied for a grant for a boundless playground. He said that they are now in the final round of 20 applicants. They have some more papers to write and hope to progress further.

15.  Adjourn.

Commissioner Shamburg made a motion, seconded by Commissioner Gamble, to adjourn. Motion carried. 5 ayes. Meeting adjourned at 6:13 p.m.