August 10
CITY OF HIAWATHA
CITY COMMISSION MINUTES
THURSDAY, AUGUST 10, 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 on Thursday, August 10, 2006 at 5:35 p.m. at City Hall with Commissioner Shamburg, Commissioner Collins, Commissioner Gamble and Commissioner Schmitt present.
2. Approval of minutes of the July 27, 2006 Budget Work Session Meeting and the July 31, 2006 City Commission meeting.
Commissioner Schmitt made a motion, seconded by Commissioner Gamble, to approve the minutes of the July 27, 2006 Budget Work Session Meeting and the July 31, 2006 City Commission Meeting as presented. Motion carried, 4 ayes.
3. Presentation of petitions, public comments, memorials.
Old Business
4. Consider Purchase of Materials for Traffic Control Signals at 6th and 7th Street Intersections on Oregon Street.
City Administrator explained that in an attempt to reduce the costs of the project, the commission needs to approve the purchase of these materials from Getty. The labor for the installation has been sent out for bid, and we will be opening those bids at 8:30 a.m. on August 22, 2006. We will be bringing our recommendation to the commission at the meeting on August 28. The funds are available for this project.
Commissioner Shamburg made a motion, seconded by Commissioner Schmitt, to approve the purchase of materials necessary to update the traffic control signals at Sixth and Seventh Street intersections on Oregon Street. Motion carried, 4 ayes.
New Business
5. Public Hearing for CDBG Housing Grant.
The Public Hearing for the CDBG Housing Grant was cancelled due to an error in the published meeting notice. The original notice did not indicate the proper boundaries. The notice has been republished with the corrected boundaries and the hearing has been rescheduled for August 14.
6. Consider Request for the Purchase of Water from the Kickapoo Tribe in Kansas.
City Administrator Lynne Ladner said that she and Rick Koenig, Water Superintendent, had originally felt that they could provide four to six loads of water per day without it affecting the water supply for the City. She indicated that the information she had put in their packet reflected the rate currently being charged the rural water district. Since then, she had discovered that the City had discussed last year that they were putting into place a requirement for a deposit on a meter as well as estimated water usage and penalties. It would be the same type of contract offered to the Kickapoo Tribe last year, and the rate would stay the same as the published rate for outside water purchases.
Commissioner Collins said that it would be the Commission’s decision if they wanted to go ahead with the offer and terms.
Commissioner Gamble made a motion, seconded by Commissioner Shamburg, to authorize the Water Department to sell water to the Kickapoo Tribe at the rate of .01101 cents per gallon as needed. Motion carried, 4 ayes.
7. Consider Approval of Ordinance # 965 to Vacate Cul-de-sac.
City Administrator Ladner said that a public hearing was held on August 3, 2006 by the Planning Commission. The Ordinance would allow for the vacation of the street (Cul-de-sac) known as Sac Court in the East Ridge Addition and allow for the continued development of the platted street known as Commanche Drive.
This evening she is just letting the Commission know what the Planning Commission did. Because it is a street vacation the public has fourteen days to file a formal protest with the City Clerk if they do not wish the Cul-de-sac to be vacated. That fourteen day period ends on August 17, 2006, which is next Thursday.
The Commission would be voting on the Ordinance at the City Commission meeting on the 21st of August.
Larry Kneisel, a resident in the East Ridge Addition asked if the city had a copy of the proposed and original plan.
Administrator Ladner indicated that the City has a copy of the original plan but not of the proposed vacation.
Kneisel explained that they had obtained a copy of the proposed plan after the meeting on August 3, and observed that on the eastern five lots, the boundaries have changed.
Administrator Ladner explained that the boundaries can change, that it would not be replatting or changing the number of lots within the development. By vacating the cul-de-sac, they would provide more land for the existing lots.
Kneisel said that the cul-de-sac is where the street should be.
Administrator Ladner said that they understood that. She said that it was the failure of the original developer to build it in the correct location, that it was not an issue with the proposed vacation.
Richard Schilling, contractor, explained that the reason they were asking to vacate the cul-de-sac was that lot 27 is not buildable. By vacating the cul-de-sac, it would create more room and allow lot 27 to be built upon.
Commissioner Collins said that since it is near the highway, it would be more viable property for the builder.
Schilling agreed.
Commissioner Schmitt asked Schilling if on the proposal they were just basically moving the lot lines on the east side, lots 27 through 24.
Schilling said that it was.
Stan Curtis, another resident of the East Ridge Addition, asked if lot 27 is an unusable lot, instead of getting rid of the cul-de-sac, why not make a cul-de-sac at the end instead of going all the way through to Highway 36 [old Highway 36, now called East Miami Street] so they do not have a through street to the highway. Curtis said that it would still open the lots to Commanche Drive.
City Administrator Ladner explained the road opening up to Highway 36 [East Miami] is how the area was originally platted. In order to change that and not make a through road, it would require the lots to be replatted.
Larry Kneisel said that most of houses in their division do not meet city code as far as the setback, because they are over the lines. Because of that, some owners were required to purchase an extra one-half lot in order to comply with City setback guidelines. The original developer had made a mistake when the houses were built.
Malcolm Grier, Code Enforcement Officer, said that by changing the lot lines, Schilling would be able to put the size homes on the lots that would meet city code.
Further action was tabled until the August 21 meeting.
8. Consider Approval of Ordinance # 966 to Amend Zoning Regulations for Handicap Ramps.
City Administrator Ladner explained that the current regulations state that only the City Commission can approve or deny the construction of handicap ramps and or landings beyond the existing setbacks.
During the July meeting, the Planning Commission voted to recommend to the Commission the revision of wording to allow for the City Commission or their designee to approve or deny the construction of handicap ramps and/or landings. By allowing a designee to approve these ramps and/or landings, it may reduce the delay for the residents as well as alleviate an unnecessary burden on the Commission for this circumstance.
The actual language of the Ordinance that they are asking the Commission to approve reads under Article 5, paragraph 12:
Handicap Ramps:
The City Commission or their designee shall approve or deny permits for the construction of ADA compliant ramps and/or landings beyond the boundaries known as the setback distances in all zones of the City of Hiawatha.
Commissioner Gamble said that he thought the wording should be a little more explicit, such as using Code Enforcement Officer rather than using the word designee, which could end up being a department head or a police officer, someone who did not know anything about setbacks.
City Administrator Ladner asked Commissioner Gamble if he was in agreement with the wording “Code Enforcement Officer.”
Commissioner Gamble said that he was.
Commissioner Shamburg asked the administrator if she thought there should be any other person listed as well.
Administrator Ladner replied that the only other person she would add would be the City Administrator, so that in the absence of a code enforcement officer, a decision could still be made.
Commissioner Collins said that he thought that they should keep it in the office of administration, because code enforcement officers come and go. He did not want to vote on it without the mayor having looked over the wording also.
Administrator Ladner explained that if the wording was changed they would not be able to vote on the Ordinance tonight anyway.
The issue was tabled.
9. Consider Approval of Payment for Schwan’s Sales Ent. for Concession Supplies.
Commissioner Collins asked why the City was purchasing these items from Schwan’s and not from Lindy’s.
Administrator Ladner explained that the City had purchased from Schwan’s in past years.
Commissioner Collins argued that the purchases should be made from a local business.
Administrator Ladner explained that Schwan’s do operate a distribution center in town.
Commissioner Schmitt explained that Schwan’s was not the only supplier that the City purchases from.
Commissioner Collins said we also have Smith Vending which has been here for years. He thought these issues needed to be addressed.
Commissioner Schmitt made a motion, seconded by Commissioner Gamble to approve payment to Schwan’s Enterprises for the purchase of concession supplies for June, July, and August in the amount of $1,997.86. Motion carried, 4 ayes.
10. Consider Approval of Payment to Hiawatha Convention and Visitors Bureau from Kansas Guest Tax Distribution.
City Administrator Lynne Ladner explained that the City had received the July 2006 distribution in the amount of $2,671.97 from the Kansas Treasurer for the Guest Tax for Hiawatha, and as in the past, the City needs to pass this distribution on to the Hiawatha Convention and Visitor’s Bureau.
Commissioner Schmitt made a motion, seconded by Commissioner Shamburg, to approve the payment to the Hiawatha Convention and Visitor’s Bureau the Kansas Guest Tax in the amount of $2,671.97. Motion carried, 4 ayes.
11. Consider Approval of Payment to Lowenthal, Singleton, Webb & Wilson for Compilation of 2007 Budget.
City Administrator Ladner explained that this was the final bill in the amount of $2,250 from Lowenthal, Singleton, Webb & Wilson for the compilation of the 2007 budget. She also said that next year’s contract would be less than that because of the new City employees would be more familiar with preparing the budget.
Commissioner Gamble made a motion, seconded by Commissioner Shamburg, to approve the final payment to Lowenthal, Singleton, Webb & Wilson in the amount of $2,250 for the preparation of the 2007 Budget forms. Motion carried, 4 ayes.
12. Consider Approval of Payments to the Kansas Department of Health and Environment for the Loan Payments on the Water Pollution Control Revolving Loan and the Public Water Supply Revolving Loan.
City Administrator explained that these were for two bills received this past week from the Kansas Department of Health and Environment for payments of two revolving loans, a payment of $50,582.24 for the public water supply revolving loan and a payment of $14,506.58 for the payment of water pollution control revolving loan.
Commissioner Schmitt made a motion, seconded by Commissioner Gamble, to authorize the payment to the State of Kansas for the Public Water Supply Revolving Loan Program in the amount of $50,582.24 and for the Water Pollution Control Revolving Loan Program to the Kansas Department of Health and Environment in the amount of $14,506.58. Motion carried, 4 ayes.
13. CONSENT AGENDA
a. Payroll Appropriation #1063 in the amount of $46,585.87.
Commissioner Schmitt made a motion, seconded by Commissioner Shamburg, to approve the consent agenda as presented. Motion carried, 4 ayes.
14. Lynne Ladner, City Administrator.
City Administrator Ladner said that the Hiawatha Volunteer Fire Department had earlier made an offer to the City to make a loan of $75,000 from the Firefighter’s Relief Fund for the construction of a fire barn. Since this is a commercial structure, it needs to be architecturally designed and engineered properly. Since the City could not afford to help pay for this structure at this time the offer of the Relief Fund has been rescinded.
She said that she was currently looking at other options, including a Rural Development Loan Program which would offer the City a 40-year loan for 75% of the cost to construct a new fire building as well as using a CDBG Kan Step Program which would allow the City to put up the building using volunteer labor. However, since we are currently pursuing a Housing Redevelopment Grant through CDBG, we can not pursue the Kan Step Program at the same time. The State does not allow the City to have more than one CDBG Grant at a time. If we do not get the housing grant, then we can pursue the Kan Step Program grant.
The NIMS training (National Incident Management System) which is required by the Department of National Homeland Security requires that the City Officials be trained in certain incident command classes by September 30, 2006 in order for us to be eligible for any future Homeland Security funds.
The Fire Department and the Police Department are in the process of putting together a program. There are trainers available in the area. It would be approximately a two-hour training course. It is recommended that the Commissioners attend as well as elected officials, department heads, and the Mayor. It is tentatively set for September 14th. There will be a training session in the afternoon and one in the evening. She wanted the Commission to know the importance of this training and will let them know about the finalized date for the training sessions.
City Administrator Ladner said that she has been checking into the fountain situation. Malcolm Grier has been working on preliminary drawings and costs with a contractor. She said she would try to have the information next week.
The Streetscape Project is to start August 14. The hearing is tonight to hear any questions people may have.
The City has been approached by The Pines to purchase some City-owned property to the south of them to allow for expansion. The City also owns the property between The Pines and the Fisher Center. She wanted direction from the Commission as to whether the City would be willing to sell the property.
Malcolm Grier said that the City property is a lot approximately 230 x 405 feet between The Pines and the church on First Street.
Ladner said that the water main easement would remain. There is also an abandoned well in one corner of the property that would have to be marked.
Commissioner Collins asked if she had a plan or a layout on it that she could submit to the Commission. He said that he would be willing to work something out with them. The other Commissioners indicated that they agreed with him.
Administrator Ladner said that if the Commission is willing to consider selling the property, she will get a plan and will find out exact dimensions and when they will want to start. She said that she would get information the week after next.
15. Mayor Gernon.
16. Com. William Collins.
Commissioner Collins asked if the Fire Department had gotten any bids for the building construction?
Administrator Ladner replied that out of the three bids requests, they had only received a bid for the construction from Morton Buildings. The other two firms had refused to bid on the project due to the lack of sealed architectural drawings. They wanted a building engineer and architect on the project.
17. Com. Curtis Gamble.
18. Com. Marianne Schmitt.
19. Com. Steffen Shamburg.
20. Adjourn.
Commissioner Shamburg made a motion, seconded by Commissioner Gamble, to adjourn. Motion carried, 4 ayes. Meeting adjourned at 6:12 p.m.