June 5
CITY OF HIAWATHA
CITY COMMISSION MINUTES
MONDAY, JUNE 5, 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 Monday, June 5, 2006, at 5:35 p.m. with Mayor Gernon, Commissioner Collins, Commissioner Schmitt, Commissioner Gamble, and Commissioner Shamburg present.
2. Approval of minutes of the May 30, 2006 City Commission meeting and the minutes of the May 26, 2006, Special City Commission meeting.
Commissioner Schmitt made a motion, seconded by Commissioner Shamburg, to approve the minutes of the May 30, 2006 City Commission Meeting and the minutes of the May 26, 2006 Special City Commission Meeting. Motion carried, 5 ayes.
3. Presentation of petitions, public comments, memorials.
Old Business
4. Warren Gatz Settlement.
Interim City Administrator Tom Armour recommended that $1000 be paid to Warren Gatz as a settlement and to end the dispute. He reported that City Attorney Don Cashman had gone over his calculations and has said they are ok. He would write an agreement as such, that there would be no further requests for payment. This would be the end of the matter.
At the time of the original calculation, it appeared that what was considered lost took into consideration only the small area around and the concrete block containing a sewer system breather release valve. Therefore, the total amount of ground lost to production was miscalculated at the time of the original agreement. The actual land lost to production because of the valve and a berm strip over the sewer line measured out to be an area of 125 ft. by 25 ft., equates out to .0717 of an acre. Based on a value of $1900 per acre, that is an annual loss of $136.23, and extended over ten years is $1362.30.
Dave Grimm, Sewer Department Supervisor, reported that they had met with Gatz concerning the easement. The easement does state that the city has the authority to install pipe and to do the work with the apparatus as necessary.
At this time Gatz was asking for loss of property, due to having to go around the sewer system breather release valve concrete block building with his farm implements. Grimm drew an illustration showing the path Gatz would have to take to go around the building in order to farm that area of the field.
Commissioner Collins noted that the city had changed the original outlay in order to comply with Gatz requests, that the apparatus had been installed as far north as possible. He reminded the commission that at that time Mr. Gatz was agreeable with the installation.
Commissioner Collins asked if this would be the last time this would come up on this property.
Grimm said that City Attorney Cashman said that it would be a signature agreement this time.
Commissioner Schmitt asked for clarification of the berm problem. Dave Grimm explained that actually a terrace would be the proper term. It had not been reinstalled. They had agreed that it would be taken care of.
Commissioner Schmitt asked if the city had other properties where the city had installed these apparatus’.
Grimm replied that they did.
Commissioner Schmitt asked if the city had had the same problems with the other installations, if the farming problem was an issue.
Grimm reported that another property owner, Harold Neher, had been offered a settlement, but had declined. He was very agreeable to the installation.
Commissioner Schmitt expressed concern that if the city has more than one of these projects, where it leaves the city if we do something on one and not the other. She asked if the other projects were in the same proximity to the property line.
Grimm explained that it sets farther away from the property line, that it actually runs between the property lines.
Commissioner Schmitt said that the easement Mr. Gatz signed allowed the city to put this apparatus on his property.
Grimm replied that it allowed the city to do what was necessary to install the apparatus.
Commissioner Collins asked if there was actually a sign-off on this.
Commissioner Schmitt explained that Interim City Administrator Tom Armour had indicated that the city attorney would draw up a release so that there would be no further requests for payment to Mr. Gatz.
Grimm explained that this would be the case unless the city has to go in to work on the valve and disturb the crops, then we would have to pay crop damage.
Commissioner Schmitt wanted to know more information concerning the exposure we would have on other properties.
Commissioner Shamburg wondered if we would then own the property paid for.
Commissioner Schmitt explained that it was just for production loss, that the city was not taking title to the property.
Commissioner Schmitt again expressed concern that if there were other properties involved on this same sewer line, then this issue might arise in the future. Doing something for one and not the other did not seem fair.
Mayor Gernon agreed that they should have the city attorney give them a little background on this to see what other exposure the city may have.
Commissioner Schmitt made a motion, seconded by Commissioner Collins, to defer action on the Warren Gatz Settlement issue. Motion carried, 5 ayes.
5. F.Y.I. Streetscape “Authorization to Take Bids”.
Interim City Administrator Tom Armour explained that this was just to let the commissioners know that the bidding process had started on this Streetscape Project.
New Business
6. Farm Service Agency/Mayoral Authority.
City Clerk Vivian Constable explained that this was just a formality, that the FSA needed a motion giving Mayor Gernon the authorization to sign documents as they may arise throughout the year.
Dave Grimm explained that the city has farmers who farm the city’s properties, also CRP properties, and would occasionally need documents signed. Grimm had directed this in the past and up until last year had signed the documents. About a year ago, the authorization to sign had been given to former Mayor Trant. In view of this the Farm Service Agency just needs to update their records.
Mayor Gernon suggested that the power to sign be given to Grimm since he had done it in the past. Grimm indicated that he did not make any decisions on these properties without first bringing it before the commission.
Commissioner Gamble made a motion, seconded by Commissioner Collins, to authorize Dave Grimm to sign any necessary documents at the Farm Service Agency on behalf of the city. Motion carried, 5 ayes.
7. Code Compliance Officer Malcolm Grier Training Report.
Mayor Gernon introduced Malcolm Grier, who gave a brief report on his training seminar in Dallas.
He said that the training was from May 15 to May 19. He attended class from 8:00 a.m. to 4:30 p.m. every day. Homework was assigned for the evenings.
Grier said that he felt that he learned a lot from the seminar. The seminar gave an introduction to zoning, home occupations, how to conduct themselves as code officers, sign regulations, legal aspects, search and seizure, consent, due process, enforcement, pre-trial activities, nuisance abatement, and the difference between code enforcement and law enforcement. In the State of Texas an officer cannot be called a code enforcement officer until after they had passed a test.
Grier told commissioners that he appreciated the time in getting to go to it.
8. Municipal Band Concert Contract.
Interim City Administrator Tom Armour explained that the $400 was available in the budget. No action necessary except signing the contract with Band Director John Damian Johnson.
9. Wastewater Plant Operator Hire.
Interim City Administrator Tom Armour explained that the candidate, Mr. Coots, already had his Operator II certification, and requested that they start him at $9.50 to $10.00 per hour instead of the advertised rate which went under the assumption that the employee would be able to obtain his Operator I certification within the first year. He asked that the commission give them their approval to offer the position to Coots at the increased rate.
Commissioner Collins said he didn’t have a problem with offering him $9.50 per hour.
Commissioner Schmitt asked if the $9.50 to $10.00 per hour was in line with the personnel manual for an Operator II. Grimm said that actually an Operator II is paid more than that but that he did not want to start out a new employee at the same rate as one that had been with the city for some time and had worked up to that level. He said that he felt comfortable with the $9.50 per hour.
Commissioner Gamble suggested they offer Coots $10 hour, based on his experience.
Commissioner Collins suggested $9.50.
Commissioner Schmitt made a motion, seconded by Commissioner Gamble to approve an offer of $10.00 per hour wages to Coots for employment with the sewer department. Motion carried, 4 ayes. Commissioner Collins voted nay.
10. Morrill Public Library 2007 Budget Request.
Cathy Newland presented the library budget with a 5% increase in salaries, but left other line items the same as last year. She presented their MPL strategic plan and explained that they had applied for a grant to improve their catalog system and other improvements. She felt like they needed to increase salaries. She said that she will know by the end of the year as to the grants they may be receiving, so they may have to switch some line items later.
Mayor Gernon noted that the library is very important to the community, and felt they were doing a good job.
Commissioner Collins asked about the salary increases.
Mayor Gernon asked if the library employees had health insurance. Newland replied that they do not.
Commissioner Schmitt explained that this 5% amount included payroll taxes, etc.
Commissioner Collins asked how long it had been since they had gotten an increase. She replied that they had received an increase of some kind every year.
Commissioner Schmitt said that they would keep the numbers in mind as they go through the budget process.
11. Appreciation Bonus – Jeanne Akins
Interim City Administrator Tom explained that an appreciation bonus for Jeanne Akins was brought up to him last week. He said that he understood that the city has done this in the past for employees who have given valuable service to the city. He explained that a suggestion was to give her approximately 25% of what she would earn in a pay period.
Commissioner Gamble made a motion, seconded by Commissioner Schmitt, to approve an appreciation bonus in the amount of $384.00 to be presented to Jeanne Akins. Motion carried, 5 ayes.
12. CONSENT AGENDA
a. Appropriation Ordinance #1093 in the amount of $141,678.58.
Commissioner Gamble made a motion, seconded by Commissioner Schmitt, to approve the consent agenda as presented. Motion carried, 5 ayes.
13. Interim City Administrator Tom Armour.
Interim City Administrator asked commissioners if they wanted to continue receiving the information he was copying for them as FYI information.
The commissioners agreed that they would like to continue to receive it.
Interim Administrator Armour said that they need to have an executive session to discuss non-elective personnel before the meeting adjourns.
Interim Administrator Armour reported that concerning the Sesquicentennial liability, Assistant City Attorney Kevin Hill and Jon Daeschner, of DMS Insurance, had said that as long as the committee was advisory, they are covered by the city policy. Final decisions would have to be made by the commission. He also reported that our accounting system could handle the appropriations for the event with the commission approving the purchases. If a non-profit organization were formed there would be additional insurance and filing fees. In view of that he suggested that a special fund for the $5000 be set up within our accounting system. The committee would then come to the commission for approval of how they need to use the money.
Mayor Gernon reported that the committee had held a meeting on Friday morning (June 2). He said that Rebecca Schmittberger and Joyce Shirley have offered to co-chair the event. He said that he had also spoken with Kevin Hill and Jon Daeschner and that so long as the committee was an advisory committee, the insurance would cover. Also an event-type rider could be added to our policy for the actual day of the event.
Mayor Gernon said that he felt comfortable in setting it up this way because otherwise a lot of money would be spent in setting up a non-profit organization and extra insurance. He said that the committee is leaning towards just a weekend event rather than the originally discussed several events throughout the year. Mayor Gernon felt that we should allow the city to pay the bills for the event from the specified fund.
Mayor Gernon asked if we need to appoint the committee.
Interim City Administrator Armour said that we need to have it documented as to who the committee is.
Mayor Gernon asked City Clerk Vivian Constable to get a list of who is on the committee from Rebecca Schmittberger and to put it on the agenda for next week.
Interim City Administrator Tom Armour brought up that Jeanette Ward should also have a bonus for the work that she did to help out the city offices during the absence of a city clerk. He asked if a policy had been or should be set up on this for future reference.
Mayor Gernon asked if this was the normal thing to do.
Commissioner Schmitt explained that because of the resignation of the city clerk Mrs. Ward had been asked to step in and cover the position in addition to her regular duties.
Commissioner Collins said that he did not know of any policy that the city had concerning this issue.
Commissioner Schmitt asked that Interim Administrator Armour work up something for Mrs. Ward on the 25% basis, or to go back and see how it was calculated in the past.
Commissioner Gamble felt like it should be on a case by case basis, depending on length of time and quality of work.
Interim Administrator Tom Armour explained that Ward had worked 1 ½ to 2 days a week in administration.
City Clerk Vivian Constable said that Mrs. Ward had made the same hourly wage for her work as City Clerk that she was making at the Police Department.
Commissioner Schmitt suggested that he check to see what the former Assistant City Clerk had been given as a bonus when she had to take over the City Clerk’s duties. She suggested he work up a figure and present it at the next meeting. She explained that the bonuses were paid because the City Clerk was doing the City Administrator’s duties and paid the City Clerk’s salary, and the other instance was the Assistant City Clerk was doing the City Clerk’s duties and was paid the Assistant City Clerk’s salary.
Commissioner Collins suggested they all go home and think about it, whether they really wanted to set a hard policy on this.
Commissioner Gamble said that the amount for Mrs. Ward would be considerably less than for Jeanne because she worked only 1 ½ to 2 days per week as City Clerk.
Mayor Gernon suggested that Armour come up with a figure along the same lines as for Jeanne Akins, and then put it on the agenda to see if they want to pursue a policy for future reference.
Interim City Adminstrator Armour handed out the schedule on upcoming grant applications for the three KDOT programs that Hiawatha can participate in. They are all due on August 1, 2006, for 2009 under the KLINK program, and 2010 for geometric improvement and economic development programs. He recommended that the commission needs to hold a work session around July 4 to see what needs to be done and if the city wants to submit applications for grants. Dennis Hartter, Rick Koenig, and the rest of the staff will know what we need to do.
Armour told commissioners that the Certificate of Completion on the Schunemann addition arrived in today’s mail.
Another thing that came in was from the Kansas Department of Commerce, with a June 30 deadline, asking for nominations for minority or women owned businesses in Hiawatha for a State award.
Mayor Gernon suggested that he pass that on to the chamber.
Armour also mentioned that Fire Chief Shear called about a scheduled June 17, 2006, mud run, sponsored by the Hiawatha Police Department [Note-the event is not sponsored by the Hiawatha Police Department, but by some individuals including Mike Williams, who is also a Hiawatha Police Officer] to use the saddle club arena (city owned properties), and said that they want a lot of water delivered to flood a four foot pit they would be digging. He questioned if the city actually wanted a pit dug at the arena.
Commissioner Collins said that they had held a mud run there in the past, outside the arena.
Interim City Administrator Tom Armour was asked to get information on this event. The Saddle Club has not been active for two years, but they need to get their input.
Maple Heights would like city sponsorship and assistance in grant writing for a CDBG grant to repair water pipes, which were substandard since the time they were installed. Armour asked if the city had in mind any other CDBG projects, and if so they would need to decided which one to lend their support to. Hiawatha becomes eligible at the end of October to reapply. Armour asked if the city wants to help Maple Heights by lending their support or do they want to help them in some other way, if at all. Their letter to the city estimated it would be a$200,000 project, of which 25% would probably have to be city support.
Mayor Gernon asked Rick Koenig if he knew about the water issues at Maple Heights.
Koenig reported that the institution had had a lot of internal water problems.
Malcolm Grier said that he knew that they had a lot of problems because he used to work there.
Armour did not know what the limitations were for grants on this type of thing.
Commissioner Schmitt would like to hear from city staff as to what other projects there were that would need to be addressed for CDBG grants.
Interim Administrator Armour also brought up that the Korthanke fountain by the Police Station needs repaired. There is an endowment for upkeep but it is not enough to cover the repair estimates. There should have been a fund at the end of 2004 with about $9,600 . Three Thousand and some odd dollars of that is due from some other fund, which probably means that some interest which should have been credited to the Korthanke fund had been credited to something else. We will need to transfer that money back in the Korthanke fund, bringing it to approximately $10,000. The work that needs done will take more than that. Armour felt we should direct some urgent attention to this, even though the repairs would come to more, using that money.
Commissioner Gamble would like to see it repaired, at least before the Sesquicentennial.
Mayor Gernon agreed that it should be repaired and thought we should proceed with checking into the cost of repairing the fountain.
Commissioner Schmitt said that Ward Henry and his brother had given $5000 for the maintenance of this fountain. She said that he had brought some old newspaper articles in to her from when the fountain was dedicated in 1973. She felt that the city needed to keep up their own property, and that this was certainly an important thing to take care of, particularly with the Sesquicentennial coming up.
Mayor Gernon wondered if they should have a work session sooner than July on these grants, because that gives them just a month to get it ready.
Commissioner Schmitt suggested we have a work session after the June 26 meeting, or even in place of the meeting.
Armour suggested that they keep the agenda short for the meeting and then move into a work session immediately following the meeting.
14. Mayor Crosby Gernon.
Commissioner Schmitt made a motion, seconded by Commissioner Shamburg, to go into executive session until 7:20 p.m. to discuss non-elective personnel and to include Interim City Administrator Tom Armour. Motion carried, 5 ayes.
Commissioner Schmitt made a motion at 7:20 p.m., seconded by Commissioner Gamble, to extend the executive session until 7:30 p.m. Motion carried, 5 ayes.
Commissioner Shamburg made a motion, seconded by Commissioner Gamble to return to regular session. Motion carried, 5 ayes.
15. Com. William Collins.
Commissioner Collins asked if there had been anything done concerning the new Fire Station. Armour reported there had been no progress. He thought the Fire Department was going to look for funding and was to report any information on that.
16. Com. Curtis Gamble.
17. Com. Marianne Schmitt.
18. Com. Steffen Shamburg.
Commissioner Shamburg made a motion, seconded by Commissioner Gamble, to cancel the July 3, 2006 meeting because of the 4th of July holiday. Motion carried, 5 ayes.
Commissioner Shamburg made a motion, seconded by Commissioner Gamble, to adjourn. Motion carried, 5 ayes. Meeting adjourned at 7:38 p.m.
19. Adjourn.