August 28
CITY OF HIAWATHA
CITY COMMISSION MINUTES
MONDAY, AUGUST 28, 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 28, 2006 at City Hall with Mayor Gernon, Commissioner Collins, Commissioner Gamble, Commissioner Schmitt and Commissioner Shamburg present.
2. Approval of minutes of the August 21, 2006 City Commission meeting.
Commissioner Gamble made a motion, seconded by Commissioner Shamburg to approve the minutes of the August 21, 2006 meeting. Motion carried, 5 ayes.
3. Presentation of petitions, public comments, memorials.
Paul Mendez addressed the Commissioners about his basement flooding on August 19, 2006. He suffered damages to his furnace and air conditioning because of this. His insurance did not cover the costs, so he paid for the repairs himself. On August 25, 2006, it flooded again. He had spoken with Commissioner Gamble at this time concerning the problems. Mendez feels that the problem is the water run off coming from the railroad tracks and wants the City to find a way to fix the problem. He thought that the City needs to do something with the storm sewers in the area.
Commissioner Gamble said that he was over there and could see the water bubbling up out of the yard. He helped him to pump the water out of his basement.
Mendez said that the sewer was caved in by the railroad tracks. He said it makes a lot of water run into his place. He thought that the vibrations of the trains has caused the deterioration of the clay tile. He would like to have the City rebuild the storm sewer. He said that this is not the first time he has talked to the City about this.
Administrator Ladner said that she had gone to the Mendez home with him and looked over the situation. She said that Dave Grimm, Sewer Superintendent, had given her some background information.
Administrator Ladner asked Mendez when he had put the basement in. She said that it was her understanding that he knew that this was a low area and that he should not have put in a basement there. She said that Mendez had approached the City in 1999, when he asked permission to put in fill material on the right of way. The City had told him at that time to contact the railroad.
Mendez said that he had contacted the railroad but they had never called him back.
The City had made a new drainage path in 1992 to try to divert water and put in a new drainage culvert on the west side of the Mendez property. Administrator Ladner said that this does need some additional maintenance. She didn’t feel that there was anything else they could do.
Commissioner Collins asked if any of the neighbors in the area had the same problems.
Mendez said he didn’t know.
Mendez drew a rough map showing the placement of his house and the street and where he thought the water was coming from. He said he had put some fill on the road right-of-way to help keep the water from coming into his house, but most of it has washed away.
He said he was aware that the area was low, which is why he had put in two sump pumps, but they had not been able to keep up.
Mayor Gernon said that the rains that we had August 25 created a lot of problems in town. He asked Administrator Ladner to have Dennis Hartter, Street Superintendent, contact Mendez about the problem and take a look at it.
Administrator Ladner indicated that Hartter was on vacation this week so it would have to wait until next week.
Mendez said that would be satisfactory and thanked the Commission for their time.
Mayor Gernon reminded everyone about the funeral Tuesday, August 29, for Scott Cole, who was killed in action in Afghanistan. He said that the Hiawatha Police Department, the Highway Patrol and the National Guard would be on hand to try to make this an uneventful procession. If anyone is interested in helping out they can contact the Police Department or the funeral home so that the family doesn’t have to deal with the protestors that have said they will be there.
Old Business
4. Executive Session for Discussing Real Estate.
Commissioner Collins made a motion at 5:55 p.m., seconded by Commissioner Gamble, to go into Executive Session for the purpose of discussing the sale of real estate for a period of fifteen minutes and to include City Administrator Lynne Ladner. Motion carried, 5 ayes.
Commissioner Gamble made a motion at 6:05 p.m., seconded by Commissioner Shamburg, to return to open session. Motion carried, 5 ayes.
5. Approval of Ordinance No. 965, an Ordinance Pertaining to Changing the Platted Area of Sac Court in the East Ridge Addition.
City Administrator Lynne Ladner explained that the protest period had expired with no formal protests being filed with the City Clerk.
Commissioner Schmitt made a motion, seconded by Commissioner Collins, to approve Ordinance No. 965, an Ordinance changing the platted area of certain land located within the City limits of Hiawatha, Kansas, under the authority granted by the zoning ordinances of the City of Hiawatha, Kansas, and authorize the Mayor to sign the necessary documents. Motion carried, 5 ayes.
6. Approval of Ordinance No. 966, an Ordinance Amending Zoning Regulations.
Commissioner Gamble made a motion, seconded by Commissioner Shamburg, to approve Ordinance No. 966, an Ordinance amending the Zoning Regulations of the City of Hiawatha, Kansas, by amending Article 5, Section 12 Definitions, Handicap Ramps, and to authorize the Mayor to sign the necessary documents. Motion carried, 4 ayes. Commissioner Collins cast the nay vote.
7. CDBG Grant Documents
City Administrator Ladner explained that the application is almost complete and the documents are due to the State by Friday, September 1st. The application requires that the Commission pass a resolution certifying legal authority to apply for the grant as well as authorizing the Mayor to sign and submit the application.
She said that the resolution includes $1800 in in-kind labor costs associated with the Code Enforcement Officer reviewing and issuing the necessary permits as well as completing the necessary inspections at the completion of the work.
She said that the grant also requires that the Commission authorize the Mayor to sign the Residential Anti-displacement and Relocation Assistance Plan.
Commissioner Gamble made a motion, seconded by Commissioner Shamburg to approve Resolution 2006-08 certifying legal authority to apply for the 2007 Kansas Small Cities Community Development Block Grant Program from the Kansas Department of Commerce and authorize the Mayor to sign and submit the application and the Residential Anti-displacement and Relocation Assistant Plan. Motion carried, 5 ayes.
8. Select Inspector for CDBG Housing Grant.
City Administrator Lynne Ladner explained that the City had sent out bid requests to fourteen potential Risk and Lead Inspectors for the CDBG grant. Only three bids were received for this position. She indicated that the two low bidders were Hernly Associates and Tom Chavey, Inc. and appeared to be equally qualified.
Mayor Gernon asked if everyone [in the targeted area] were to get a housing inspection.
Administrator Ladner said that everyone gets a housing inspection, some would get the lead risk assessment, and that only vacant property could be considered for demolition. She said that there were 43 units.
Mayor Gernon pointed out that there would be a difference of over $2000 in costs with the difference of $50 on the bid for the individual inspections. He also noted that Donna Crawford, of Governmental Assistance Services, had seemed to be more in favor of Tom Chavey, Inc. It appeared to him that Tom Chavey, Inc. would be the cheaper of the two.
Administrator Ladner told the Commission that the City had received over 30 of the applications back. She also reminded the Commission that Hernly & Assoc. was the grant writer for this grant.
Administrator Ladner said that the grant application could not be completed until the inspector was selected and that it was due in four days [September 1.] She indicated that the inspection fees would come out of the grant funds.
Commissioner Schmitt made a motion, seconded by Commissioner Gamble, to accept the bid from Tom Chavey, Inc., for the housing inspections, lead risk assessment, clearance testing, and demolition activities for the housing grant application. Motion carried, 4 ayes. Commissioner Collins cast the nay vote.
9. Signal Light Bids
City Administrator Lynne Ladner explained that the City had authorized the Lighting Department to put out to bid the installation of the new signal lights at the intersections of 6th and Oregon and 7th and Oregon Streets. Bids were requested from four companies. Only one bid was received. After the packet had gone out, another company had called and apologized for not getting their bid submitted and were willing to submit a bid if the City was still needing another bid. They said they would get their bid submitted within the next couple of days.
The bid received was from Waldinger Corp. in the amount of $13,856. The other company was Pinnacle Electric.
Mayor Gernon said that he would like to see another bid and instructed the City Administrator to contact Pinnacle Electric and get their bid, and bring it before the Commission at the next meeting.
New Business
10. Approve Installation of a Fourth Manhole.
Administrator Ladner explained that the City had previously approved the installation of three new manholes to aid sewer repairs and maintenance. The crew that completed the installations was able to install the three with one manhole coming in at $2200 less than anticipated.
A sewer backup on Oregon Street in the 1000 block has highlighted a stretch of sewer pipe that runs 800 feet between manholes. This has created an area of the pipe that the City is unable to reach to clean out. The Sewer Department would like permission to contract with the same company to install a new manhole that will allow better access. This manhole will be deeper than the previous, based upon the depth of the sewer line. The cost for this manhole will be $3500, and has funding available in line item 54-11-8142.
Commissioner Schmitt made a motion, seconded by Commissioner Gamble, to approve the installation of a fourth manhole to be located in the 1000 block of Oregon Street at a cost of $3500. Motion carried, 5 ayes.
11. Consider Approval of Payment to James Scherer, CPA, for January 11, 2006 contracted amount.
Commissioner Ladner explained that the City had received a letter from James Scherer, CPA, dated August 18, 2006, in which he indicated that he had not received payment for a January 11, 2006 contract in the amount of $1920. The City Clerk verified that this had not been paid.
Commissioner Shamburg made a motion, seconded by Commissioner Gamble, to pay the amount of the January 11, 2006 contract in the amount of $1920 to James Scherer, CPA. Motion carried, 5 ayes.
12. CONSENT AGENDA
a. Appropriation Ordinance #1100 in the amount of $37,523.28.
b. Utility Refunds in the Amount of $581.62.
c. Approval of Construction Contractor’s License for P. J. Aller.
Commissioner Gamble made a motion, seconded by Commissioner Schmitt, to approve the consent agenda as presented. Motion carried, 5 ayes.
13. Lynne Ladner, City Administrator.
City Administrator Ladner updated the Commission on the Koch & Co. IRB. She said that they have submitted preliminary paperwork to the City requesting the IRB, and asked to get on the agenda in September.
The Library rededication is on Tuesday evening [August 29] at 7:00 p.m. They would appreciate involvement from the community and the Commission.
The Korthanke fountain demolition is set for Wednesday [August 30]. They will begin work on the replacement fountain next week.
There was storm damage from the construction site to the Nachtigal building last Friday [August 25] evening. Mr. Nachtigal is working with the contractor to resolve that issue.
The Cole funeral is being handled by the Police Department as well as other relevant groups. The City has been asked to let people know that there will be an Honor Guard developing from First Street on Iowa on out to the [Mount Hope] Cemetery. Anyone can join the procession for that.
Next Monday is Labor Day. We need to know if the Commission wants to cancel the meeting next week. There is nothing pressing on the agenda except for payroll appropriation. If approval can be made by e-mail, we can put off other business until the following week.
Mayor Gernon commented that if the appropriations can be approved by e-mail, then the Commission could cancel the meeting because of the Labor Day holiday. The Commission agreed to cancel the September 4, 2006 City Commission meeting.
The Streetscape Project lights need to be ordered. There will be three different styles used on the corner of 7th and Utah.
Steve Smith said that they had met with the Streetlight Committee to go over this. Because of the circuitry around the courthouse it was decided to leave the lights as is. They decided to wait until Phase II to take care of this problem. He said that the reason they couldn’t use the fixtures that are being used in the Streetlight Project is because of the size of the poles. The engineers said that it would not work. He said that the poles were very much like those being used in the Streetlight Project except that the poles will be black because that is the color scheme used in the rest of the Streetscape Project. They chose the fixtures that they did so that they could have directional lighting, which would keep light from shining into the second story windows downtown. He didn’t see where there was a problem.
Smith noted that ten of the nineteen planters were already spoken for.
Mayor Gernon said that he knew the committees had worked very hard on their projects and that if they agreed on the fixtures then he was ok with it.
Commissioner Gamble asked about the streetlights around the courthouse.
Smith said that they were not doing anything with those at this point. He said they were hoping to get the county to come into Phase II after they see what they look like.
14. Mayor Gernon.
15. Com. William Collins.
16. Com. Curtis Gamble.
Commissioner Gamble said that he had checked around town during the storm on August 25 to see how the ditches were handling the water, and found that the south end of Fourth Street is about the worst.
Mayor Gernon noted that the intersection at Fourth and Cheyenne was cutting pretty badly.
17. Com. Marianne Schmitt.
18. Com. Steffen Shamburg.
19. Adjourn.
Commissioner Shamburg made a motion, seconded by Commissioner Gamble, to adjourn. Motion carried, 5 ayes. The meeting adjourned at 6:42 p.m.