August 21
CITY OF HIAWATHA
CITY COMMISSION MINUTES
MONDAY, AUGUST 21, 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 Monday, August 21, 2006 at City Hall with Mayor Gernon, Commissioner Collins, Commissioner Shamburg, Commissioner Gamble, and Commissioner Schmitt present.
2. Approval of minutes of the August 14, 2006 City Commission meeting.
Mayor Gernon said that at the bottom of page one, it needs to changed to “a” grant.
Commissioner Gamble said that on page six, paragraph six, it should be changed to read “the company in Minnesota could get to it the second week of September and a company in Kansas City had a four month waiting period.”
Commissioner Schmitt made a motion, seconded by Commissioner Shamburg, to approve the minutes of the August 14, 2006 City Commission Meeting as corrected. Motion carried, 5 ayes.
3. Presentation of petitions, public comments, memorials.
Proclamation in Recognition of the Morrill Public Library on the Occasion of its 100th Anniversary of the Laying of the Cornerstone.
Mayor Gernon read the proclamation.
Catherine Newland, Librarian, said that the dedication is August 29th at 7:00 p.m. and invited everyone to come out for it.
4. Post Lantern Project Committee Recommendations.
City Administrator Lynne Ladner reported that Brian Kingsley, BG Consultants, had a family emergency and could not attend tonight’s meeting.
Administrator Ladner said that the current project construction estimate is $1,570,000. The current projected bonding authority generated from the sales tax is $1,400,000 leaving a budget shortfall of approximately $170,000.
She said that the committee has considered alternates in an effort to identify potential construction cost savings. The committee is hopeful that the combination of aggressive bids from contractors, potential cost savings from pre-purchasing light fixtures and involvement of City maintenance staff can reduce the construction cost under the bonding capacity generated from the sales tax.
Administrator Ladner said that the committee has considered many alternative methods and options for the construction of the Post Lantern Project. The following is a summary of the committee’s recommendation for the implementation of the project. Additional discussion of alternatives is included following the recommended alternatives for the project.
(1) Authorize City Staff to request bids from Sternburg Lighting, Dynamic Lighting and Hanover Lantern for the price to pre-purchase lighting fixtures for the project. These bids would be brought back to the City Commission with Committee recommendation for approval.
(2) Direct City maintenance staff to begin scheduling and preparing to remove existing poles. Once a contractor is selected, the contractor will coordinate scheduling the restoration and refinishing of the bases to match the new poles and fixtures.
(3) Authorize staff to advertise the project for bids to be received October 1, 2006, with an October 9 bond sale which would indicate funds actually available. Bids and alternatives would be brought to the Commission shortly after the bid letting with a recommendation from staff and the committee for award of the construction.
The committee looked at several other alternatives and found that they were either not going to be cost effective or would create potential hazards.
City Administrator Ladner said that environmental requirements for handling of the existing lead joints would require that City workers to become certified in dealing with hazardous materials and to prepare a facility to contain the materials. The company hired to perform sandblasting will already have the appropriate certifications and facility to deal with the hazardous materials.
The committee met with the prior contractor for the example project to discuss the potential of additional City involvement to coordinate the restoration of the bases and poles. The City could perform this coordination at the potential risk of creating scheduling conflicts that could cost time and additional money for construction. The Committee was unable to identify enough potential reward (cost savings) to risk delaying the contractor and potentially causing extra construction expense.
The committee recommends that concrete foundations be constructed for the project. An alternate bid price will be obtained for the use of screw-in type foundations for the poles.
Pole erection by City workers was considered. Due to the location of the electrical wiring termination in the head of the pole, this work again presented conflict with the contractor on the job.
Conduit installation by City workers was considered for the project. The project includes the installation of approximately 65,000 feet of conduit (12 miles) in a congested urban environment. The committee recommends that a contractor be hired to install the conduit due to the potential of time delays, additional liability and magnitude of the project.
Administrator Ladner said that Rance Hixson, who is on the Post Lantern Street Light Committee, was here to answer any questions anyone may have concerning the project.
Administrator Ladner said that they are currently asking permission from the Commission to look at the alternatives of pre-purchasing as well as having the City staff to remove the poles but not do any of the restoration or refinishing, as well as to go forward with the bid process for bids to be returned in early October.
Commissioner Collins asked Rance Hixson if they had looked at all these numbers and if there was any way to cut any of the costs.
Hixson replied that they had, several times. He felt that there may be cushion in the numbers.
Hixson said that the city workers will cut the poles off from the bases, and would therefore not be involved in the environmental problem.
Mayor Gernon asked if these bid alternates would be included in the bids.
Commissioner Collins thought that these numbers were completely out of line.
City Administrator Ladner said that while Brian Kingsley had indicated there was a good cushion in these items, but with the price of copper wire fluctuating, he was not sure.
Commissioner Schmitt asked about the screw-in bases in option one, to remove and reconstruct the concrete pole base, if that has to do with the alternate for the use of the screw-in type foundation.
Administrator Ladner explained that one alternate would be pouring a concrete base like the demo project is. The other would be the screw-in base option, which would use a standard foundation support that can be just put in the ground. These bases would require machining so that they could be arranged to fit on the existing screw-in poles.
Mayor Gernon said that the original bond projection was in the neighborhood of $1,450,000 and this project cost is only for $1,400,000.
City Administrator said that she would like to have the authorization for pre-purchasing as well as permission for the City staff to begin scheduling the removal of the poles and authorize instructions to put the project out to bid.
Commissioner Gamble queried how accurate Option 1 was if the City staff was removing the poles.
Administrator Ladner explained that the City staff was going to cut off the poles from the top of the base. The remainder of the poles would then need to be removed from the bases.
Mayor Gernon asked for verification that the $61,740 in item one was anticipating the fact that the City crews had already cut off the poles from the bases.
Rance Hixson said that it was.
Commissioner Schmitt made a motion, seconded by Commissioner Shamburg, to authorize City staff to request bids from Sternburg Lighting, Dynamic Lighting, and Hanover Lantern for pre-purchasing lighting fixtures for the Post Lantern Streetlight Project. Motion carried, 5 ayes.
Commissioner Gamble asked what the conduit installation entails, if it needed to be bored underground to the next pole and pull the wire through. He asked if they were talking about having the City crew do the conduit installation, pull the wire through, or if that was the problem.
Administrator Ladner said the problem was in having the time to do the conduit installation.
Mayor Gernon asked if there would be any manpower issues in taking the poles down.
Administrator Ladner said if they can start now they can do a few at a time instead of having to do them all in three days.
Mayor Gernon said we need to wait until the protest period is over and until the bids have been taken before the actual removal of the poles should be started.
Hixson said he was afraid that the City staff may start doing the poles and get called to another project, which would delay the streetlight project.
City Administrator Ladner said that the reason the City staff would only be cutting the poles off was because of the lead issue, so that the City would not be responsible for the environmental issue.
Commissioner Schmitt asked if the savings was significant.
Administrator Ladner said that it was brought in as an alternative. They were trying to find something that the City staff could do that would help to save money on the bid, even though it was not a significant amount. It would be put in as a bid alternate.
Commissioner Collins said he couldn’t understand why it could not be brought in at budget instead of over budget.
Administrator Ladner said Brian Kingsley wanted there to be cushion in the project numbers.
Commissioner Gamble felt that the seeding in item ten could be done by the City staff because they do have the equipment to do that.
Mayor Gernon said that they will not know where these things are coming in until they start getting the bids. If they come in way out of line, we will have to do something different.
Commissioner Shamburg made a motion, seconded by Commissioner Collins, to authorize the City staff to prepare the bid documents and to include bid alternates. Motion carried, 5 ayes.
5. Approval of Wording Change to Amend Zoning Regulations for Handicap Ramps.
Administrator Ladner explained that at the August 10, 2006 City Commission meeting, the approval of Ordinance #966 was discussed. It was decided that the wording needed to be changed from “designee” to (1) City Administrator and/or Code Enforcement Officer or (2) City Administrator. It was unsure which the commissioner intended.
Commissioner Collins said that he thought that he preferred Option 2, that the decision should rest on Administration.
Commissioner Gamble wanted Option 1 because if either is on vacation, there would be a delay. If there were two different people it would expedite getting the project done.
Commissioner Collins said that he thought that the City Administrator should be in charge; that she should be able to be reached even if she is gone.
Commissioner Gamble argued that if someone is on vacation, they don’t need to be reached. That is why he felt it should be at least two people.
Commissioner Schmitt said that this brings back the point in having “designee” in the first place. If someone is gone, they will still have to appoint someone. She favored Option 1.
Mayor Gernon asked what was done in the past.
Administrator Ladner said that in the past, they would need to bring it before the commission if it was in violation of existing setbacks.
Commissioner Gamble explained that this made a week long delay in putting in a ramp.
Commissioner Collins said that because for years the City did not have a Code Enforcement Officer, he would suggest that the Mayor or the City Administrator be the persons to make the approval. He had a problem with the chain of command, that being the people who were appointed and the people who were elected, and felt like the employees should not be making the decision.
Commissioner Shamburg pointed out that probably the Code Enforcement Officer would be involved anyway to check it out, so he might as well be allowed to make the decision.
Commissioner Schmitt made a motion, seconded by Commissioner Gamble, to approve the wording in Option (1), which is the City Administrator and/or the Code Enforcement Officer, for the amendment to the Zoning Regulation for Handicap Ramp Approval. Motion carried, 4 ayes. Commissioner Collins cast the nay vote.
New Business
6. Consider Approval of Ordinance #967 and Repeal of Ordinance #948 Concerning Regulating Traffic Within the Corporate Limits of the City of Hiawatha, Kansas.
Administrator Ladner explained that this was a routine update to stay with current regulations in the 2006 Standard Traffic Ordinance for Kansas Cities.
Commissioner Schmitt made a motion, seconded by Commissioner Shamburg, to approve Ordinance #967, which is an ordinance concerning regulating traffic within the corporate city limits of the City of Hiawatha to stay current with the current regulations in the 2006 Standard Traffic Ordinance for Kansas Cities, and which will repeal Ordinance #948. Motion carried, 5 ayes
7. Consider Approval of Ordinance #968 and Repeal of Ordinance #949 Concerning Regulating Public Offenses Within the Corporate Limits of the City of Hiawatha, Kansas.
City Administrator Lynne Ladner explained that this ordinance was also a routine update that was done each year in accordance with the annual update of the “Uniform Public Offense Code.”
Commissioner Gamble decided that portions of the Section 2 Repeal concerning Sections 9.20.020, 9.20.030, 9.20.040, 9.20.070, and 9.50.020 of the “Hiawatha Municipal Code” should be omitted as they had previously been repealed and didn’t need repealed each year, as well as a portion of the heading “and certain specific Municipal Code sections.”
Commissioner Gamble made a motion, seconded by Commissioner Shamburg, to approve Ordinance #968, which repealed Ordinance #949, concerning regulating public offenses within the corporate city limits of the City of Hiawatha, with the above deletions. Motion carried, 4 ayes. Commissioner Collins cast the nay vote.
8. Method of Watering Streetscape Planters.
City Administrator Ladner explained that it had come to her attention that there was some concern about the ability to maintain the plant life in the new brick planters that are part of the Streetscape Project. The current project plan calls for a single water hydrant in the middle of each side of each block, a total of six hydrants, to be used in conjunction with standard garden hose to water the plant life.
A request had been made to provide a water source at each planter, which would increase the number of hydrants to nineteen and add considerable cost to the project. Another solution would consist of running an irrigation system in the curb to the base of each planter, with an upward pipe connecting to a drip irrigation hose to provide water to the planter. This system would be on a single controller, with backflow preventer and disconnect valves at each planter.
Administrator Ladner said that the pros for this solution would be that each planter would be provided with water without the need for garden hoses strung along the street, and would ensure that the plant life is watered without the City staff having to spend man hours maintaining the planters.
She said that the cons for this solution were that the contractor was not willing to warranty the irrigation system because it removed an item from the original project. The irrigation system may be vulnerable to damage if it became necessary to remove the plant life from the planters and the City may be liable if a leak in the system were to occur and cause damage to foundations.
Administrator Ladner said they had attempted to solicit three bids on this solution, but had only received two bids.
Commissioner Collins said that this was one of the add-on deals, and felt they should take care of their own projects. He didn’t think the City needs to be taking bids on a watering system. He said they [the business owners] should be able to drag out the garden hose and water their own plants.
Commissioner Gamble agreed that we didn’t need to be spending any additional money on this. He said that trees do not need watered as often as flowers. Flowers will need to be watered every year, trees will take care of themselves after the first year or two. If they want flowers in their planters, they should be able to take care of them themselves.
Mayor Gernon asked if the City staff was to be maintaining the planters, or if it was the store owners.
Administrator Ladner explained that they were soliciting individual donations for the planters. The planters would not necessarily be associated with a particular downtown business, and the actual owner of the planter would not necessarily realize they would be responsible for watering and maintaining their planter. She said that they had looked at adding only one additional hydrant to the project, which would then require approximately 250 feet of garden hose to be strung along the sidewalks. This could possibly make a trip hazard for the public.
Commissioner Gamble said that he thought the blocks were approximately 300 feet long, which if the hydrant were in the middle of the block would require only 150 feet of hose. He said when the existing trees were planted several years ago, he thought that the store owners watered them.
Administrator Ladner said that she had understood that for at least the first year, a city tanker truck was used to water the trees on a regular basis.
Commissioner Collins said that the issue was still the same, that the planters were an afterthought and he still felt that the City should not be required to maintain them.
Commissioner Schmitt asked if this irrigation system water would just be available at each planter.
City Administrator Ladner explained that they would turn on one controller switch which would turn on the water to every planter. Based on the low bid and the deduct cost from the contractor there is actually a project cost reduction of $4300 as opposed to putting in the hydrants.
Commissioner Collins felt that it should have cost less money in the first place to put in the hydrants.
Mayor Gernon asked if they were talking about drip irrigation to both trees and planters, or just to the planters.
Administrator Ladner answered that it would be to every planter, so flowers and trees would get the same amount of water.
Commissioner Collins restated that he didn’t think we should pay for hydrants to start with.
Mayor Gernon said that we need to hear from the Streetscape Committee, and asked when the contractors needed to know which way they were going to do it.
Administrator Ladner said that they needed to know this week because it will affect how they do the waterlines.
Commissioner Schmitt asked what the life span was on the drip irrigation system versus the hydrant.
Commissioner Gamble said that it would create problems when a tree was removed.
Administrator Ladner said that there were individual disconnects to eliminate all of the drip irrigation from being disrupted if a problem occurred at one planter.
Commissioner Schmitt asked what other communities had done.
Administrator Ladner said that the City of Lawrence has gone from using a hydrant at each planter back to using two hydrants per block and pays someone to water their downtown planters. Other cities are using a water tanker truck to water the trees and rely on business owners to water the other plants.
Commissioner Schmitt said that she was in favor of drip irrigation depending on lifespan, because if that fails, they would have to tear out something in order to put in a hydrant.
Leon Trant asked if the irrigation system would require more pipe.
Administrator Ladner said that was correct.
Trant asked that if it ran under the curbing, then wouldn’t any repair to the supply lines require repair to the curb and to the street?
Administrator Ladner said that was correct, it would require cutting into the curbing or street to repair.
Trant also said that there needed to be a way to purge the system during the winter months to keep the pipes from freezing and breaking. He said he had reservations about incorporating an irrigation system.
Mayor Gernon said that if we could dig up the ground to get to the pipes to make repairs it would be more feasible, but if we had to tear up concrete to get to them it was another matter.
Commissioner Collins said that he didn’t think it was feasible.
Administrator Ladner said that it would be the responsibility of the City if there is a leak and it caused damage to the foundations of businesses.
Mayor Gernon said that he was concerned about getting to the leaks.
Commissioner Gamble decided that there would be more problems with drip irrigation than with hydrants.
Commissioner Schmitt and Mayor Gernon agreed that the bid should be left as is.
No further action was taken.
9. Consider Long-Term Water Plan
City Administrator Ladner explained we had agreed to sell water to the Kickapoo Tribe. Since then the Brown County Rural Water District #1 has come forward asking to increase the contracted peak amount of water.
Currently, the City provides one third of the water necessary to meet peak summer demand for Brown County Rural Water District #1. This is the third request for water support that the City has received in the past several months. If the City were to provide this increased amount to Brown County RWD#1, provide water to the Kickapoo Tribe, and provide support the NEK Bio-energy, as well an any extra for new industries that may come into Hiawatha, we may create a situation where we do not have enough water available for City residents.
Administrator Ladner said that we need to make sure we can provide enough water for our City. She said that she would like permission to contract with, or at least discuss with, a qualified firm in the next few weeks to be sure that we are considering all of the implications and insure that we are capable of providing water to all who need water as well as to any potential industry.
Commissioner Gamble asked how many gallons we currently supply [to the Brown County RWD#1].
Administrator Ladner said that at peak, 70,000 gallons. They are asking for an increase which would only be utilized if their water system failed and they would have to temporarily get water from the City.
Commissioner Gamble said that NEK Bio-energy was planning to drill 10-12 wells, so that shouldn’t be an issue if those wells come through the way they expect them to. If they go ahead and merge with the Southeast Nebraska group and locate east of Reserve, it shouldn’t affect us. He said that the City hadn’t done anything as far as drilling for future water supplies for a year or so.
Administrator Ladner said that the City is looking at the next potential site to drill a well north of 36 Highway and east of 73 Highway.
Mayor Gernon asked what our contract obligations were with Brown County Rural Water District #1 and #2.
City Administrator Ladner said that currently, Brown County RWD #1 has a peak of 70,000 gallons per day. For Brown County RWD #2, the City of Hiawatha supplies all of their water, and cannot raise their rates unless they are tied to capital improvements to the system. Also there is “no out” clause, meaning that no matter how much water they ask for, the City has to provide it.
Mayor Gernon said that no one wants to put the City at risk for water. Obviously, if the City and the County are going to grow, long term water supply is going to be very important. He asked City Administrator Ladner how she envisions this relationship to be.
Administrator Ladner says she envisions looking at all the activities in Brown County and in Hiawatha and try to project what water needs would be in the next 5 years. Based on that projection, which is what we would be asking the consultants for, the City could then decide if we would need just one new well or two or three, in the next five years, and whether we would require a water treatment plant in the next five to twenty years based on state regulations.
Commissioner Collins asked if the wells being test drilled by NEK Bio-energy group had come in and if they had decided for sure they were not in the same aquifer.
Mayor Gernon replied that it was still in the process. He said that the State dictates the water rights and will not allow anyone to jeopardize the City.
Commissioner Schmitt felt it was important to have an independent consultant not related to any of the projects to predict what the need would be.
City Administrator Ladner said that Bob Vincent, with Ground Water Associates of Wichita, has done work in Brown County in the past and would be good to consult with.
Mayor Gernon wondered if the City should get bids from two consultants. He asked if this would be some sort of retainer relationship or if it would just be a study.
City Administrator Ladner replied that it would just be a study. She thought that the City might be able to get information also from the Rural Water Association.
Commissioner Gamble asked if the City had the capability to supply an extra 250,000 gallons per day.
Rick Koenig, Water Superintendent, said that we did, on a short term basis. He had no concerns on his part about the supply.
Commissioner Gamble said that we already know we probably need another water source. We don’t need someone else to tell us that. We should just go ahead and actively pursue that. There is no need for a consultant.
Commissioner Schmitt said it is not only needing more water but whether there will be a need for a water treatment plant and the projected cost for capitol improvements in the future.
Commissioner Gamble said that the City will probably need to have a water treatment plant in the next fifteen to twenty years because of nitrates in the water. We have plenty of water, but it will need to be treated.
Commissioner Schmitt said that we need some proposals to see how much it costs to have a study done or talk with the Rural Water Association to see what resources might be available.
Mayor Gernon asked for a 15 minute executive session to discuss purchase of real estate with Jon Daeschner in a related issue.
Commissioner Shamburg made a motion at 6:47 p.m., seconded by Commissioner Collins, to go into executive session for a period of fifteen minutes to discuss the purchase of real estate and include Jon Daeschner and City Administrator Lynne Ladner. Motion carried, 5 ayes.
Commissioner Shamburg made a motion at 7:02 p.m., seconded by Commissioner Collins, to extend the executive session five minutes. Motion carried, 5 ayes.
Commissioner Shamburg made a motion at 7:07 p.m., seconded by Commissioner Gamble, to return to open session. Motion carried, 5 ayes.
Mayor Gernon asked City Administrator Lynne Ladner to solicit some feedback from some people for review.
10. Fire Department Webb Site.
City Administrator Ladner told the Commission that the City had been approached by Mark Adcock, who is a volunteer fireman, to provide content development and maintenance of a website that will be accessible by a link from the City’s existing website. She said that he has had discussions with prior City Administrator Slaugh and Interim City Administrator Armour, and both thought that it was a good idea.
Administrator Ladner explained that the website is currently housed outside of the existing City website and pages. To this end, the City is unable to control the content of the site, although they can remove the link from the website if there was a concern about any of the content. She said that Mr. Adcock is willing to sell the City the content for $500 with an annual maintenance fee for the site for $300 for the duration of his involvement with the Hiawatha Volunteer Fire Department. In the event that his involvement with the fire department should end, he would renegotiate the maintenance fee. She said that she didn’t feel it was necessary to have him maintain the website.
Mayor Gernon said that he felt we should already own the content if it is for the City’s Fire Department.
Administrator Ladner explained that Mr. Adcock had put in a lot of hours putting together the website, and that is what the charge was for. She also said that we don’t currently have a link to the website. It could be made an actual part of the City’s website and not need a link.
Mark Adcock addressed the City. He said that selling the website to the City was just an idea because the City didn’t have anything about the fire department on their current website. He said he could sell it to the City and let them maintain it. He is currently maintaining photos, members, and the fire chief’s notes, so that anyone could see what the fire department was doing.
Administrator Ladner said it could be maintained in house.
Commissioner Shamburg said that the site does have value, but if it could be maintained in house that could be a reasonable option. He thought that it would be nice to have it as part of the City website.
Commissioner Collins asked Administrator Ladner to put together an appropriation request for next week.
No further action was taken.
11. Consider Request for Use of Hanger 13 at Hiawatha Airport to Store County Equipment.
City Administrator explained that the City had been approached by Alvin Legler requesting permission to store County owned equipment in the vacant hanger at the City Airport. The Amateur Radio Association van, which is owned by Brown County, is currently stored at the National Guard Hanger at the airport. The Guard hanger is used to store numerous items and a new location for the van needs to be found.
She said that Hanger 13 is vacant and has remained so for nearly a year. The last time the hanger was rented was to temporarily house a Halloween float. The normal rental fee is $50 per month. However, it is rarely rented and is generating no income for the City currently. She said that Mr. Legler has asked to store the van in Hanger 13 with no rental charge.
Commissioner Collins asked if they paid anything now.
Administrator Ladner said that they do not.
Commissioner Gamble said they could ask the County if they could house it for them.
Commissioner Collins thought we should keep the hanger for city use.
City Administrator Ladner said that Mr. Legler was informed that there was usually a rental fee.
Commissioner Schmitt asked if the County did not have another location for it. She would like to know if they have actually asked the County.
Mayor Gernon was in favor of charging a minimal fee. He asked Administrator Ladner to ask Mr. Legler if they could pay a minimal fee.
A question came from someone in the audience as to whether the City’s insurance would cover the property inside the hangers or if the owners of the property were responsible.
Commissioner Schmitt said that the City insures the hanger but renters have to insure their property. We need to be sure that Mr. Legler knows that the City would not be responsible for it.
12. Consider Approval of Payment to BG Consultants for July services on the Post Lantern Street Light Project.
Commissioner Gamble made a motion, seconded by Commissioner Schmitt, to approve the payment to BG Consultants in the amount of $2,626 for July 2006 services on the Post Lantern Streetlight Project. Motion carried, 5 ayes.
13. Consider Approval of Payment to BG Consultants for July services on the Streetscape Project.
Commissioner Gamble made a motion, seconded by Commissioner Shamburg, to approve the payment to BG Consultants in the amount of $2,192.98 for the July 2006 services on the Streetscape Project. Motion carried, 5 ayes.
14. CONSENT AGENDA
a. Payroll Appropriation #1064 in the amount of $45,276.68.
b. Approval of the July 2006 Municipal Judge Report.
c. Approval of a Plumber’s License for James Ellis dba Ellis Remodeling.
Commissioner Schmitt made a motion, seconded by Commissioner Gamble, to approve the Consent Agenda as presented. Motion carried, 5 ayes.
15. Lynne Ladner, City Administrator.
Administrator Ladner gave an update on the Korthanke fountain at the Law Enforcement Center. She said that she had talked to the family and gotten their approval to completely rebuild the fountain. Barry Grier is to build the fountain with help from City workers. She presented a drawing showing the plan using limestone, pool liner, lights, and seats. The current plan uses City staff and equipment to remove the old fountain, as well as helping to relocate the limestone, and install and run wiring for the pump. If we can get approval to move forward with the fountain, the work could start next week. She felt that it could be done using less money than in the fountain fund which was left for the maintenance, currently just over $9,000.
The family has seen the sketches and said they don’t care if the old fountain cannot be rebuilt. They just want it to be functionable.
The Commissioners agreed to move forward with the project.
Administrator Ladner informed the Commission that Koch & Co. has closed on the Flairfold building. We do not know currently the status of the request of an IRB bond.
Administrator Ladner would like permission to enter into negotiations with the Sac & Fox Tribal Council for fire protection services as they have eliminated their fire department. As they are in our fire area, we should be getting additional funds from them. This would not include their casino. The funds would help fund our fire services in our area.
The Commission agreed to have Administrator Ladner move forward with the negotiations.
16. Mayor Gernon.
Mayor Gernon asked City Clerk Vivian Constable to clarify the information in their packet about the sales tax credit.
City Clerk Constable said that the City had overpaid the sales tax [from November of 2005 to June of 2006] and had received a tax credit from the State of Kansas. It was her understanding that if the credit was not used up by the end of 2006, that a refund check could be issued to the City of Hiawatha for the balance of the credit.
17. Com. William Collins.
18. Com. Curtis Gamble.
19. Com. Marianne Schmitt.
Commissioner Schmitt said that in regard to Koch & Co. she felt that the City should still seek a payment in lieu of taxes. She said that the City needs to look at this because there will be an additional load on City services, and that she had talked to the League of Municipalities and that it was not unusual for a city to ask for payment.
Administrator Ladner said she didn’t know if they are still requiring an IRB. In which case, if they did not require the IRB that it would no longer be an issue.
Mayor Gernon said that in view of the fact that it has been difficult to find a tenant for that building and that we are not running a new sewer or water line out there and we are not running a new road out there, we should not expect them to pay an additional payment in lieu of taxes. He felt that we would be negotiating on the back end of the deal with Koch & Co.
Commissioner Gamble was in agreement with Mayor Gernon. He felt that the City shouldn’t put more restrictions on a new business. Other businesses have not been subjected to this, so why should Koch & Co. be singled out.
Leon Trant asked the commission to review the policy on tax abatements, because the policy spells out steps for any tax abatements.
Mayor Gernon asked Administrator Ladner to get this information.
16. Com. Steffen Shamburg.
17. Adjourn.
Commissioner Shamburg made motion, seconded by Commissioner Gamble, to adjourn. Motion carried, 5 ayes. Meeting adjourned at 7:40 p.m.