October 30
CITY OF HIAWATHA
CITY COMMISSION MINUTES
MONDAY, OCTOBER 30, 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 at 5:35 p.m. on Monday, October 30, 2006, at City Hall with Mayor Gernon, Commissioner Gamble, Commissioner Schmitt, Commissioner Collins, and Commissioner Shamburg present.
2. Approval of minutes of the October 23, 2006 City Commission meeting.
Commissioner Gamble made a motion, seconded by Commissioner Shamburg, to approve the minutes from the October 23, 2006, City Commission Meeting as presented. Motion carried. 5 ayes.
3. Presentation of petitions, public comments, memorials.
a. Proclamation for Poppy Day – 2006.
Mayor Gernon read and signed the Proclamation for Poppy Day – 2006 and presented the signed proclamation to the committee. The committee then presented the Commission with poppies.
Old Business
4. Discuss Possible Location of a Handicapped Playground.
City Administrator Lynne Ladner said that the Commission had been approached last week by some middle school students that are interested in applying for a grant for a boundless handicapped playground. She said that she had met with Terry Smith, Recreation Director, and had determined that the best location for this playground would be out at Bruning Park. The Commission had received a copy of an illustration outlining the existing playground. She said that they would be looking at opening up a 33- foot section at the end. She explained where the street locations were on the illustration, where Terry had suggested putting a parking lot, and where they were suggesting the handicapped playground could be located.
Commissioner Collins asked if they had looked into the swimming pool area to see if it could be put out there.
Administrator Ladner replied that they had looked at that area, but that there would be an additional cost because they would either have to relocate the Kiddie Koral from where it is currently located to make it handicapped accessible. Part of the problem with relocating the existing equipment is that they had had to cut off the equipment when they relocated it before, and would have to cut it off again in order to move it again, which would make some of the playground equipment too short. This would also lose some of the safety features by cutting multiple times.
Mayor Gernon asked Administrator Ladner if this was ok with Nancy Jackson.
Administrator Ladner replied that it was.
Commissioner Gamble made a motion, seconded by Commissioner Collins, to accept Bruning Park as the site for the handicapped accessible playground, and commit the City of Hiawatha to maintain the equipment. Motion carried, 4 ayes. Commissioner Shamburg abstained because his daughter was among the group of middle school students making the request.
5. Consider Approval of Refund to Brown County FSA.
Administrator Ladner approached the Commission again this week concerning the erroneous payment that the Brown County FSA had made to the City of Hiawatha for which they were now asking to be refunded to them.
She explained that City Clerk, Vivian Constable, had spoken to Barbara Shefferd with the Brown County Farm Service Agency. Ms. Shefferd had explained that the CRP payments to all government agencies have always been done by a drawing, and allowed only a total maximum payment of $50,000, a practice which did not effect individuals. They draw the names of all the agencies signed up for CRP payments, and issue them a number in sequence. Then they begin paying the agencies beginning with number one, and continuing through the list until a total of $50,000 has been paid out. She enclosed a copy of a list which showed that this year, Hiawatha was number 51, and fell in sequence after the $50,000 maximum had been reached. She did not know why a payment had been made to the City of Hiawatha, and apologized for the error.
Commissioner Schmitt said that she was not aware that there was a drawing to select who would receive the CRP payments.
Dean Tollefson made a comment that he used to work with the Farm Service Agency, and that the City needed to check the contract with the FSA to make sure that this was mentioned in the contract.
Commissioner Shamburg made a motion, seconded by Commissioner Schmitt, to refund the payment of $1860 to the Brown County FSA as requested.
Commissioner Collins asked if a lot of research had been done on this. He said he was still nervous about giving back the money.
Dean Tollefson asked if anyone had read the original contract with the FSA. He said that if it did not have the $50,000 limitation on it, which was amended by the Department of Agriculture, that it had to be in the original contract. He stated that he had worked for five years with the Department of Agriculture and knew that if it was not in the original contract, then they would still have to pay.
Both Administrator Ladner and Mayor Gernon said that they had not read the original contract.
Mayor Gernon asked if Administrator Ladner had talked to City Attorney Don Cashman concerning this.
She said she had not.
Mayor Gernon said to have the City Attorney research the matter.
Commissioner Collins said that he would like to have more documentation. He said that he was not interested in voting on anything tonight until they got the opinion from the City Attorney.
Commissioner Gamble said that he would not have a problem with going ahead and paying them the money if the City Attorney approved it.
Commissioner Shamburg amended the motion, seconded by Commissioner Schmitt, to return the payment of $1860 to Brown County FSA as requested contingent upon the review of the contract and approval by the City Attorney. Motion carried. 4 ayes. 1 nay. Commissioner Collins voted nay.
New Business
6. Consider Approval of Payment to the Morrill Public Library for October Distribution of Taxes.
Administrator Ladner explained that the City had received the October distribution of the Motor Vehicle, RV and Redemption Taxes from Brown County. The library portion of that distribution is $2860.77. The City needs to pay the Morrill Public Library their portion of the distribution.
Commissioner Schmitt made a motion, seconded by Commissioner Collins, to distribute to the Morrill Public Library their portion of the October distribution of the Motor Vehicle, RV, and Redemption Taxes from Brown County in the amount of $2860.77. Motion carried. 5 ayes.
7. Consider Approval of Payment to BG Consultants for September 2006 Streetscape Construction Administration.
Administrator Ladner explained that the City had received an invoice from BG Consultants for the September administration services for the Downtown Streetcape Project in the amount of $12,638.00. Of this cost, 80% or $10,110.40, should be reimbursed by the KDOT grant and the other 20%, or $2,527.60, may be reimbursed by Hiawatha Redevelopment, Inc.
Commissioner Collins questioned the wording of “may be” concerning the reimbursement by Hiawatha Redevelopment, Inc.
Administrator Ladner said that she was not sure where they were at on their available funds, which is why we said “may be.”
Mayor Gernon asked if they had been reimbursing for just the engineering or for the administration as well.
Administrator Ladner said that it was for engineering but they had been paying some of the administration as well. She said that she was just not sure what their financial situation was at this point.
Mayor Gernon asked if we would be submitting an invoice to them.
Administrator Ladner replied that we would be.
Commissioner Gamble said that he had understood that they would be paying up to $50,000.
Administrator Ladner said that if there was money in there, she was sure that they would pay.
Dean Tollefson said that Hiawatha Redevelopment, Inc. had originally committed $56,000 towards the project.
Administrator Ladner said that they have paid the invoices submitted to them, she just didn’t have a total of how much they had paid at this point.
Commissioner Gamble asked City Clerk Vivian Constable to procure this figures and submit them to the Commission within the next week or two.
Commissioner Collins stated he would like to have more accurate information presented to them before the meeting.
Commissioner Schmitt made a motion, seconded by Commissioner Shamburg, to approve the payment to BG Consultants for the September administration services for the Downtown Streetscape Project in the amount of $12,638.00, of which 80% will be reimbursed by the KDOT grant and the other 20% will be submitted to Hiawatha Redevelopment, Inc. for reimbursement. Motion carried. 5 ayes.
8. CONSENT AGENDA
a. Payroll Appropriation #1069 in the amount of $35,231.32.
b. Approval of Utility Refunds in the amount of $250.23
c. Approval of Cereal Malt Beverage License for Casey’s Retail Company
d. Approval of September 2006 Monthly Municipal Judge Report.
e. Approval of Construction Contractor’s License for Joel Bacon.
Commissioner Schmitt made a motion, seconded by Commissioner Gamble, to approve the consent agenda as presented. Motion carried. 5 ayes.
9. Lynne Ladner, City Administrator.
Administrator Ladner reminded everyone of the Halloween parade tomorrow night and invited the Commissioners to attend the Open House at City Hall from 3:00 to 5:00 p.m. and the Police Department Chili Supper from 4:00 until the chili is gone. She said that the Commission was asked to meet the parade staff at 6:15 p.m. at the corner of Fourth and Oregon Streets and will be given a ride downtown to the bleachers. Two of the Commissioners had already said they would be there but she needed to hear from the rest of them so that she could let the Parade Staff know how many would be needing a ride.
Administrator Ladner informed the Commission the City had received four responses on the RFQ for the rate study for the water and affluents. She said she would be setting up a meeting with Dave Grimm, Sewer Superintendent; Rick Koenig, Water Superintendent; and Marianne Schmitt, Utility Commissioner, to go through them in the next few weeks.
She told the Commission that a resident had fallen this week downtown when she misjudged the depth of the curb. They have contacted the City. After discussing it with the City Attorney, she will let them know if they need to file a claim with our insurance company.
Administrator Ladner told the Commission that she will be attending the City Manager’s Conference in Hutchinson on November 8th through the 10th and will be out of the office those three days. She will be taking a few vacation days from November 17th through the 27th.
She mentioned that there will be a short week the week of Thanksgiving because of the office being closed on both Thursday and Friday of that week. She questioned the Commission if they wanted to cancel the Commission meeting for November 27, since she will be gone then. She suggested that they could do an e-mail to approve appropriations for that week.
The Commissioners agreed to cancel the meeting for November 27 and do an e-mail approval of appropriations.
She asked if an Interim Administrator should be appointed while she was gone. She said that she would be available on her cell phone during her absence.
Commissioner Collins suggested that if anything came up in her absence, they would put it straight through to the Mayor.
10. Mayor Gernon.
11. Com. William Collins.
12. Com. Curtis Gamble.
13. Com. Marianne Schmitt.
14. Com. Steffen Shamburg.
15. Adjourn.
16. Commissioner Shamburg made a motion, seconded by Commissioner Gamble, to adjourn the meeting. Motion carried. 5 ayes. Meeting adjourned at 6:08 p.m.