October 9
CITY OF HIAWATHA
CITY COMMISSION MINUTES
MONDAY, OCTOBER 9, 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 9, 2006 at City Hall with Mayor Gernon, Commissioner Collins, Commissioner Schmitt, Commissioner Gamble and Commissioner Shamburg present.
2. Approval of minutes of the October 2, 2006 City Commission meeting.
Commissioner Gamble made a motion, seconded by Commissioner Schmitt, to approve the minutes of the October 2, 2006 City Commission meeting. Motion carried, 5 ayes.
3. Presentation of petitions, public comments, memorials.
a. Proclamation for National Fire Safety Week.
Mayor Gernon read and signed the Proclamation for National Fire Safety Week.
b. Proclamation for Halloween Trick or Treat Day.
Mayor Gernon read and signed the Proclamation for Halloween Trick or Treat Day.
4. Discuss Approval of Post Lantern Streetlight Construction Plans and Bid Documents.
City Administrator Lynne Ladner explained that Post Lantern Streetlight construction plans and bid documents were delivered to City Hall on Friday, October 6, 2006 for review by the Commission. Once these documents have been approved by the Commission, the items can be put out for bid. She told the Commission that she had checked with the City Attorney concerning Commissioner Gamble’s concern that the City should get the attorney’s approval. The City Attorney said that they do not normally review construction plans because they are not a contract document.
Brian Kingsley, BG Consultants, was available to answer questions.
Mayor Gernon asked Kingsley about the bid alternates in the plans.
Kingsley explained that one option was for the City to pre-purchase the fixtures for the streetlights, thus eliminating the middleman markup. They will send out the requests to three different manufacturers for prices.
He said that they were ready to go out for bids on the installation of conduit, poles, and foundations from the contractors. In the construction plans there are two alternates. In one of which, the City employees may or may not be involved in the disassembly of the poles. The other alternative is for the City to use their own employees exclusively to disassemble the poles.
Other alternatives are to use either the screw in type bases or to use the concrete bases.
Rance Hixson, Streetlight Committee, asked about the option of the City pre-purchasing the fixtures.
Kingsley said that they are presently going forward with that option.
Hixson asked who would supply the warranty on the fixtures if we do not purchase them through the contractor.
Kingsley said that it may mean contacting both the supplier and the contractor to get any warranty work done. This was a risk that had been discussed.
Mayor Gernon stated that he had no more questions.
Commissioner Schmitt made a motion, seconded by Commissioner Collins, to approve the construction plans and bid documents as submitted for the Post Lantern Streetlight Project. Motion carried. 5 ayes.
5. Discuss Approval of Employee Disciplinary Action Policy.
City Administrator Lynne Ladner explained that while the Employee Policy Manual outlined expected conduct for city employees and provided them with the opportunity for grievance and appeals, it did not outline disciplinary actions or offenses that may warrant such action. The attached policy would be added to the Personnel Policy Manual between the Employee Conduct and the Grievance and Appeal sections. The policy has been reviewed by the department heads as well as administration staff.
Commissioner Shamburg made a motion, seconded by Commissioner Collins, to approve the Employee Disciplinary Action Policy for the Personnel Policies Manual. Motion carried. 5 ayes.
New Business
6. Discuss Approval of an Ordinance Granting a Telecommunications Contract Franchise Between United Telephone Company of Kansas D/B/A Embarq and the City of Hiawatha.
Administrator Ladner explained that the City’s franchise agreement with Embarq expired in August 2006. The new franchise agreement changes the City from a percentage rate to a set fee of $2.00 per access line per month. It is a non-exclusive agreement and would be in effect for a period of five years.
Commissioner Collins asked if the franchise fee would get passed back to the user.
Administrator Ladner explained that the franchise fee is a user fee. The user fees will be passed on to the customer as they have been in the past. This will generate additional revenue for the City.
Commissioner Schmitt made a motion, seconded by Commissioner Gamble, to approve Ordinance 972, an ordinance granting a telecommunications contract franchise between United Telephone Company of Kansas d/b/a Embarq and the City of Hiawatha.
Commissioner Gamble suggested amending the motion to include the repeal of Ordinance 919.
Commissioner Schmitt amended her motion to approve Ordinance 972, an ordinance granting a telecommunications contract franchise between United Telephone Company of Kansas d/b/a Embarq and the City of Hiawatha which also repeals Ordinance 919. Commissioner Gamble seconded the amended motion. Motion carried. 5 ayes.
7. Discuss Approval of Change Order Number 01 for Bottorff Construction.
Administrator Ladner explained that this change order covers the change in cost of brick pavers in order to provide the correct color of bricks for the project. This change order also covers a sealant to be laid over the pavers, which was considered to provide a more uniform look and texture to the pavers.
Administrator Ladner recommended approving the change order for the pavers but not for the sealer, which would save $3652.19. She said that after seeing the pavers laid, she believed that the sealant was not necessary. There was also some concern that the sealant could cause the bricks to become more slippery when wet.
She said that the change order for the brick pavers only would cost $2001.20.
Commissioner Schmitt asked if the sealant was also a preservative.
Administrator Ladner said that it was not, it was only to make a more uniform color.
Administrator Ladner also said that if they do make a motion to approve Change Order #01, that the motion needs to state that it is contingent upon KDOT approval in order to get 80% of it paid by the KDOT grant.
Commissioner Schmitt made a motion, seconded by Commissioner Collins, to approve the portion of Change Order #01 for the brick pavers from the charcoal to the manganese brick in the amount of $2001.20, contingent upon the approval by KDOT. Motion carried. 5 ayes.
8. Discuss Approval of Change Order Number 02 for Bottorff Construction
City Administrator Ladner explained that Change Order #02 covers the change in materials used in the water main section of the Streetscape Project as well as the additional materials and testing necessary for the project.
She said that in order to get business back in water service more quickly, as well as moving along with the new sidewalk more quickly, it became necessary to add another valve at the Seventh Street intersection and reactivating the new water main between Seventh and Eighth Street while they were still doing construction in the 600 block of Oregon Street.
Mayor Gernon noted that this work had already been done.
Commissioner Collins asked if the City had the money to do this.
City Administrator Ladner said no and that she didn’t realize that this work was even being done until they were halfway done with it. She turned the question over to Brian Kingsley, BG Consultants.
Kingsley said that he realized that technically they are not supposed to proceed with the work on a change order until it is approved by the Commission. However, in the interest of moving forward more quickly with the project, they went ahead and proceeded to make the changes.
Commissioner Schmitt asked if this was going to be in issue at any of the other intersections, or if it had been already.
Kingsley replied that at some of the project meetings, they had been exploring ways to try to accommodate the new construction schedules. He noted that he had not been in attendance at some of the meetings.
Commissioner Schmitt asked if there was going to be a valve added at Sixth Street.
City Administrator Ladner said that there was already a valve planned at Sixth Street.
Commissioner Collins asked if they were looking for a $13,000 savings somewhere on down the line.
Kingsley said that one of the problems was that when the project was designed, they were going by standard specifications that were from the 1990’s. Since then some of the specifications had changed, creating costs that had not been identified at the time of the bidding process. He said that the Water Department needed to have the project standardized with what they have on hand for repairs, which caused the need for the use of materials not specified in the bid.
Commissioner Collins said that since the work had already been done, they couldn’t deny the change order.
Commissioner Schmitt noted that they should have come to the Commission at an earlier date to discuss the change order before doing the work.
Kingsley explained that it took Bottorff Construction some time to compile a list of the necessary changes. Meanwhile they were wrestling with the delay in the project. They decided to not wait for the change order in order to proceed with the project without any delays.
Mayor Gernon wondered why BG Consultants had not made this a part of the bid process.
Kingsley said that somehow the wrong material ended up in the plans. It matched the old standard from the 1990’s but they weren’t aware that it didn’t match the current standards.
Mayor Gernon expressed concern that this should have been in the original bid in order to get funded 80% by the grant.
City Administrator Ladner emphasized that anything to do with the water line would not have been affected by the grant. She said that the bricks in Change Order #01 would be.
Kingsley said that the water line construction was funded by the City.
City Administrator Ladner said that there was enough money available in the revolving water loan to cover this change order.
Commissioner Gamble made a motion, seconded by Commissioner Shamburg, to approve Change Order #02 for the new water main section of the Streetscape Project in the amount of $13,041. Motion carried. 5 ayes.
The Commission decided to go ahead and discuss Item #12, Change Order #03, before continuing on.
9. Discuss Approval of Change Order Number 03 for Bottorff Construction.
City Administrator Lynn Ladner explained that during the last construction meeting on Friday, October 6, the issue came up concerning the 500 Block of Oregon Street. The water main project included the installation of the water main through the entire 500 Block of Oregon. The streetscape portion of the project extends only to a point just east of Rosie’s Cantina on the north and the curb of the sidewalk next to the alley between the Art Room and the house at 517 Oregon on the south side.
By stopping the streetscape portion of this project at these points, five water service connections are left out of the streetscape reconstruction. If the service connections were being made in a dirt or grass area, it would be possible to make the new connections, but all four will be located in the concrete sidewalk, (four on the north side, one on the south.) Therefore it will be necessary to break up the concrete around the meter pits in order to make the connections.
There are three options:
1. Approve a change order contingent upon KDOT approval to replace the meter pits and other items involved in making the new service connections along with extending the sidewalk improvements to a point where the sidewalk makes a natural break at the existing curb cut by the Dew Drop Inn. With KDOT approval this change order would total $4,486.60 ($6,846.40 would be covered by KDOT for a total change order of $11,333.)
2. Approve a change order to replace the meter pits and other items involved in making the new service connections along with the necessary concrete that would need to be removed and replaced around the new meter pits to make the new service line connections. This change order would be approximately $3600.
3. Deny the change order for the new meter pits and related items for the new service connections with the understanding that it may not be possible to complete the service connections as specified in the plans which could delay the project while a determination is made on how to resolve the issue.
Mayor Gernon asked Kingsley if this problem should have been addressed initially.
Brian Kingsley said that they had been given the start and stop area by the Committee and the former City Administrator. The areas were based on residential areas. He said that it was up to the Commission if they wanted to extend the project (sidewalk and pavers) on to the east.
Administrator Ladner suggested that the brick pavers end at the planters, rather than end in the middle of the block, and then extend on east with the concrete.
She said that this is not work that has been done yet. The crews have just started doing the service connections in the 500 Block, so whatever the decision is tonight is how the construction crew will move forward.
Mayor Gernon asked what the timeline was for KDOT approval.
Kingsley said that he should be able to get an answer by phone on Tuesday, October 10.
Administrator Ladner explained that a decision needed to be made tonight in order to apply for KDOT approval on Tuesday. Otherwise it will hold up the project. The crew is ready to move forward now. It will take the State approximately two weeks to get written paperwork back.
Mayor Gernon asked when the work was going to get done.
Administrator Ladner said they are working in that block right now and will be ready to move on east if the Commission approves the work. If KDOT gives a verbal “yes” on Tuesday, they can go ahead with the work and there would be no delay in the project. If they give a verbal “no,” they would not make any changes to the project and the work would stop as planned.
Commissioner Schmitt asked if KDOT would give a verbal “yes” without any documentation.
Kingsley said that if the money is available, he thought that KDOT would go along with what the City is trying to accomplish.
Kingsley said that if the Commission goes with option three, they would probably come out under cost because of the extra allowed in the construction plans.
Mayor Gernon asked Kingsley if he knew how much under cost we might be.
Kingsley replied that he did not know at this time. He said that sometimes there may be changes that need to be made as the construction goes along. They have had to add two additional services. Also sometimes a service that they thought was a one inch ends up being a two inch. They can’t just stop with a change order and wait for two weeks for approval, before upgrading a one inch service to a two inch service.
Administrator Ladner said that potentially we could get 80% reimbursement from KDOT.
Mayor Gernon asked that in the event that KDOT does not approve this, would there be funding available for the entire $11,333.
Administrator Ladner said that there would not be.
Commissioner Shamburg asked what the savings would be if they stopped the brick at the planters and just did the concrete sidewalks.
Administrator Ladner replied that was what was figured in to the $11,333. If they went all the way with the brick, it would be more than that.
Commissioner Schmitt asked that if KDOT did not approve the extension of the project for the 80% reimbursement, would the City not be able to fund it.
Administrator Ladner said that if the City had to fund it, they would have to use money set aside for other projects such as the Fourth and Pottawatomie drainage problem.
Commissioner Collins said that those people had been waiting almost twelve years for that.
Commissioner Schmitt suggested that we just go to Option three, and just cut the holes.
Rick Koenig, Water Supervisor, said that the services in that area contained lead, and would need to be replaced. They are 20 to 30 year old. He thought that the time to replace the meter pits would be when the meters were replaced.
Mayor Gernon agreed with Koenig, that now would be the time to fix what really needs to be fixed.
Administrator Ladner said that the water main portion of the $11,333, which is replacing the meter pits and yokes, would be $2775. That is no concrete work, which is where she came up with the $3600 on option two. The meter pits, the meter setter, and the ring and lid, is $2775. Calculated out, two square foot around each being roughly $80 total for each one, that is $80 to remove and $80 to replace, making an additional $160 on each one, which gave us up to an additional $3600.
Mayor Gernon said that they should do it right. He asked if they could wait a week in the event that Kingsley did not hear back from KDOT.
Administrator Ladner said that it would hold up the project.
Commissioner Schmitt said that even if KDOT approved the extension of the sidewalk, it would still cost the City over $4400.
Administrator Ladner said that approximately $2700 of that would be coming out of the water budget versus the streets and highway budget. With option two, all $3600 would come out of the water budget. She said that if KDOT doesn’t approve it, the other $8500 would come out of streets and highways budget, or roughly $1000 if they do approve it. The remaining amount would come out of the water budget.
Commissioner Schmitt said that she thought they should try to go with option one if KDOT approves it and option two if they don’t. She didn’t feel like the City had the money to spend on it at this time.
Mayor Gernon asked if there was a way to do it by email.
Administrator Ladner said that they would do it by phone. If Kingsley got a negative, they could do it by email on Tuesday.
Commissioner Gamble said he thought we should try to get KDOT approval to go ahead and go on east with the new sidewalk. He thought we should go ahead and go all the way to the intersection.
Commissioner Schmitt said that due to the time and effort the committee put into their decision as to where to stop with the sidewalk construction, perhaps we should stop it at the point they had selected. The City could decide to go further east at a later date with new sidewalk.
Kingsley suggested that this could be a Phase II for the project.
Commissioner Schmitt made a motion, seconded by Commissioner Collins, to utilize Option Two, to approve the Change Order to replace the meter pits and other items involved in making new service connections along with the necessary concrete that would need to be removed and replaced around the new meter pits at an approximate dollar amount of $3600. Motion failed. 2 ayes. 3 nays. Commissioner Gamble, Commissioner Shamburg and Mayor Gernon voted nay.
Commissioner Shamburg made a motion, seconded by Commissioner Gamble, to approve Option One, contingent on KDOT approval [to replace the meter pits and other items involved in making the new service connections along with extending the sidewalk improvements to a point where the sidewalk makes a natural break at the existing curb cut by the Dew Drop Inn, total change order of $11,333, with KDOT approval, costing the City $4,486.]
Mayor Gernon asked what the plan would be if KDOT did not approve the extension of the sidewalk.
Commissioner Shamburg amended his motion to approve Option One, contingent on KDOT approval. In the event that KDOT does not approve it, the City would proceed with Option Two. Motion carried. 3 ayes. 2 nays. Commissioner Schmitt and Commissioner Collins voted nay.
Administrator Ladner clarified that there would be no brick pavers past the planter on the south side.
10. Discuss Approval of a Bid for Waterline Extension and Relocation for the East Ridge Sub-Division.
Administrator Ladner explained that the property owner of the undeveloped lots in the East Ridge edition is in the process of constructing new homes in this area. One of the things that he is doing as well is to continue the platted road through the subdivision and connect it to Old Hwy 36. In making these improvements to the area, it is requiring that the existing water main be relocated, the changes that are being made to the grade of the ground at the road intersections requires the main to be dropped several feet lower than it currently is to prevent it from being exposed or in the frost line area of the new grade.
She said that the normal procedure would be to put this project out for three bids, but she asked the Commission to take under advisement that the company that had already submitted a bid was already in the area doing work for the property owner. The water department believes that this is a competitive bid for the project and with the equipment and manpower in the area already it is a lower bid than any other bid that the City could receive as we would not be paying for mobilization. The amount of the bid is $4065 and would reuse the existing water main line. They have been careful when doing the grade work to not damage the line so that it could be reused and keep the cost of the project down.
She said that she could put the bid out to two other companies if necessary.
Mayor Gernon asked Rick Koenig, Water Superintendent, what his thoughts were on this.
Commissioner Collins wondered why the property owner shouldn’t pay to have the water line moved since he is the one who exposed it.
Koenig said that the line is currently dead but they need to put it back into service in order to service the new homes being built in the addition anyway.
Mayor Gernon questioned who decided on the grade of the new road, and why the water line had been exposed.
Administrator Ladner explained that because of the hill on Old 36 Highway, the road needed to be made lower for safety reasons to allow for greater visibility.
Commissioner Collins asked that if the City had the easement for the water line, how can they legally cut off the top of that hill and expose the water line. He felt that if they didn’t ask us first about the easement, then they should have to pay for moving the line.
Administrator Ladner said that we could go ahead and remove the water line at this time, but in order to extend water service on east, we would eventually have to put the water line back in.
Commissioner Schmitt said that if it the problem had been brought before the Commission earlier, they could have gotten more bids.
Administrator Ladner said that there was no big hurry, that she could still get some more bids. She said that the contractor was going to be there for a while.
Rick Koenig, Water Superintendent, said that the City will have to put in water lines to the new homes that are being constructed anyway.
Commissioner Schmitt asked when the contractor was going to be ready to move the water line, if it would be this week or if it would be later.
Koenig said that he thought they would be ready to go ahead soon. He said that the telephone company had to move their lines too.
Mayor Gernon asked if the property owner had to pay to have the telephone line moved.
Administrator Ladner did not know.
Commissioner Collins said that he thought the owner should have to move it.
City Administrator Ladner offered to check the legal ramifications and also check to see if the owner had to pay to move the telephone line.
Mayor Gernon said to go ahead and check on this and also get two more bids.
Commissioner Collins mentioned she should get a bid from Engemann Construction since they were also already working in the area.
City Administrator Ladner noted that the City had required Richard Schilling, the current property owner, to submit a line of credit to the City prior to starting on the road, so that the City could be assured that he finished the road and didn’t leave the City to finish the street if something happened.
Action was tabled until a later meeting.
11. Discuss Approval of Payment to the Citizens State Bank & Trust Co. for Interest and Principal Due on 2002 Bond Issue for the City of Hiawatha Waterworks.
Commissioner Gamble made a motion, seconded by Commissioner Collins, to approve payment to the Citizens State Bank and Trust for the interest and principal due on the 2002 Bond Issue for the City of Hiawatha waterworks in the amount of $86,265. Motion carried. 5 ayes.
12. Discuss Approval of the Second Distribution to Bottorff Construction for Work Completed on the Streetscape Project.
City Administrator Ladner explained that Bottorff Construction had submitted a bill to the City for the second month of work done on the Streetscape Project in the amount of $201,843. Of this amount, $114,946.40 is to be submitted to KDOT for reimbursement. The streetscape portion is $143,683. The City portion would be $86,897.
Commissioner Schmitt made a motion, seconded by Commissioner Gamble, to approve the payment to Bottorff Construction for the second distribution for the Streetscape Project and Water Project in the amount of $201,843, with $143,683 to be submitted to KDOT for reimbursement in the amount of $114,946.40 in grant funds. Motion carried. 5 ayes.
13. CONSENT AGENDA
a. Appropriation Ordinance #1103 in the amount of $56,588.68.
b. Approval of a Contractor’s License for Roy Tidwell.
Commissioner Collins made a motion, seconded by Commissioner Shamburg, to approve the consent agenda as presented. Motion carried. 5 ayes.
14. Lynne Ladner, City Administrator.
Administrator Ladner explained that in the Lease Agreement with Koch and Co., Assistant City Attorney Kevin Hill said that Koch and Co. had asked permission to sell off portions of the real estate property. Kevin Hill and Administrator Ladner thought that it was not in the best interests of the City to allow them to do so. The City is the title holder on the property until the IRB is paid off. She recommended that the City did not allow any transfer of property without Koch and Co. seeking the City’s permission.
Administrator Ladner said that the next item was to decide how to handle the tax abatement situation if conditions were not met concerning employee requirement numbers. One suggestion from Koch and Co. would be if they were required to have ten employees and they only had nine, they would pay 10% of the taxes on the property. Another option was that if they failed to meet the employment threshold, each year they would have it prorated out. If the first year they do not meet the requirement, they would pay 10%, if the second year they don’t they would pay 30%. A third option would be to cancel the tax abatement entirely if the requirement was not met.
Administrator Ladner asked the Commission for direction on how to handle those two situations.
She also said that they need to decide whether Koch and Co. would be allowed to grant easements on the property prior to the IRB being paid off and taking title to the property.
She said that she didn’t need to know tonight, but would need to know in the next 24 hours if the Commission could get back with her so that the documents could be completed prior to the meeting next week.
Commissioner Schmitt asked why there was such a delay in getting this completed.
Administrator Ladner said that because of the Columbus Day holiday and the fact that all relevant documents be approved by all three attorneys, they needed an additional week. Other than that, she didn’t know what the over all delay was.
Mayor Gernon stated that Koch and Co. is a good employer, with an impressive operation. They have volunteered to give the Commission tours of their Seneca facility. The Flair Fold building has set empty for about five years. This is a positive step for Hiawatha. He asked if the City holds the title to the property.
Administrator Ladner said that the City does hold the title to the property until the bond is paid off.
Mayor Gernon asked if the City would be liable for the balance of the IRB if Koch and Co. defaults on the payments.
Administrator Ladner replied that there were personal guarantees being given by Koch and Co. investors in case of a default.
Administrator Ladner restated the items that needed to be cleared up in the agreements with Koch and Co.
1. Do we allow them to sell off property that they technically don’t own without informing the City.
2. Do we allow them to grant easements across the property without the City’s permission.
3. How do we want to handle the employment threshold guarantees.
Mayor Gernon said that the other tax abatements have been written on a sliding scale and that this should be handled in the same manner as for the employment threshold guarantee.
Commissioner Collins said that he expected them to fulfill their employment commitment.
Mayor Gernon and Administrator Ladner explained that if the employment dropped, their tax abatement would decrease by the same percentage.
Administrator Ladner explained that the attorney for Koch and Co., Martin Mishler, was suggesting that as long as the trustee and bond holder do not object to such grants of interest, Koch and Co. should have the ability to make changes to the real property including the sale or rent or easements without the consent of the City.
She said that she and Assistant City Attorney Kevin Hill both agree that the bond holder, not the City, is at the financial risk, but the City is a necessary party to any real estate transactions involving the real estate that Koch and Co. is using in this particular bond procedure. The City’s consent in executing a deed would be required. An easement could be given by Koch and Co., but that easement would not be permanent without the City executing the same.
Mayor Gernon felt that since the City did not have any obligations under the IRB, and since the employment commitment was covered by the tax abatement sliding scale, he didn’t see that it should be a problem to allow Koch and Co. to sell, rent, or allow easements.
Commissioner Gamble said that the facts were that Koch and Co. would not own the property until it was paid for, and until it is paid for they do not have the right to sell off a piece of the property without asking the City. The City Attorney has already stated that.
Mayor Gernon asked if any sale money collected would pay on the bond.
Administrator Ladner said that there was nothing in their agreement that said that it would.
Commissioner Schmitt said that she would say no on the issues allowing the sale of the property, or the granting of easements, without the City’s consent. On the issues of the employment commitment, she thought that is should be on a sliding scale as far as the property taxes.
Mayor Gernon said that for the record, the cost benefit analysis did show a benefit to the City of 2.83 to 1.00, and the City does not have to put in water, sewer, or roads. Those already exist.
Mayor Gernon asked for a motion one way or another to either allow or not allow the sale of land without the City’s consent.
Commissioner Collins made a motion, seconded by Commissioner Shamburg, to not allow Koch and Co. the right to sell off any of the land purchased by the IRB without the consent of the City of Hiawatha, or the ability to grant any easements without the consent of the City of Hiawatha during the term of the IRB. Motion carried. 4 ayes. 1 nay. Mayor Gernon voted nay.
Commissioner Shamburg made a motion, seconded by Commissioner Gamble, to structure the lease agreement so that the tax abatements are based on a sliding scale in relation to the number of full time equivalent employees that were previously agreed to with Koch and Co. from year to year, and the amount of real estate taxes paid be structured as a fraction of the number of employees that they are short. Motion carried. 5 ayes.
Commissioner Gamble noted that he did not want anyone to think that any of them were against Koch and Co. coming in, that they all welcomed them to Hiawatha, but as a Commission they needed to look out for the best interests of the City. If they want to sell property or grant easements later they are welcome to come to the Commission with their proposals.
Mayor Gernon and the rest of the Commission agreed.
Commissioner Schmitt said that she did feel that they should take into consideration the taxpayers of the City. She thought that the cost benefit analysis was poorly presented. She said there had been very little discussion on this.
Mayor Gernon explained that the cost benefit analysis is a recognized tool that the Department of Commerce uses for municipalities across the State of Kansas to allow governing bodies to access the benefits or lack thereof to communities for cases just like this. He said that in this case, it showed an overwhelming benefit to the City.
Administrator Ladner passed on the news that the City had applied for and received a grant on the Hiawatha City Lake for fishing piers.
She also said that in conjunction with Fire Prevention Week, there would be an open house at the Fire Department from 7 to 9 on Tuesday, October 10. The Fire Department was offering fire extinguisher training for the public, and would give the public an opportunity to meet the firemen and tour the fire house. They will be serving refreshments. They will also be installing batteries in fire detectors for the public this week. The public just needs to provide the battery and call and leave word at City Hall that they would like to have a fireman come over and install their battery.
Administrator Ladner also said that it was her understanding that in the past, the City has paid for employees and possibly the Commission to get flu shots. She asked if they would want to do this again this year. She said she would check to see if the shots might be paid for by the employee’s Blue Cross and Blue Shield Insurance.
15. Mayor Gernon.
Mayor Gernon said that in view of all the violence at schools lately, he had asked Administrator Ladner to communicate with John Severin, Superintendent of the Hiawatha schools, to see if there is anything the City needs to be doing to be sure our schools are safe.
Administrator Ladner said that she had spoken with him and he said that he would provide the Commission with a document outlining what the schools plans are. He does not want them to be published because they are the school’s safety procedures and he does not want to give people the opportunity to find a way to circumvent them.
Mayor Gernon said that they really did not want to look at them, they just wanted to be sure that they had a plan, and if there was anything the City could do to help.
Mayor Gernon said he had had some inquiries concerning a tax sale, a sheriff’s sale for some of the properties.
Administrator Ladner said that they were still looking into some of the properties in the Aztec addition which have special assessments on them. The City Attorney is looking into whether the special assessments continue after the tax sale or if the City is left without the ability to collect those special assessments in the future.
Mayor Gernon asked about an action plan for the Paul Mendez issue.
Administrator Ladner said that he should have gotten an email concerning the City’s plan for his problem.
Com. William Collins.
16. Com. Curtis Gamble.
17. Com. Marianne Schmitt.
18. Com. Steffen Shamburg.
Commissioner Shamburg explained why he was against imposing a PILOT against Koch & Co. He said that it was a poor form to institute a policy after they had come to the Commission, and it was poor form to start that policy new with them.
He said that as the community continues to grow, that the Commission needs to put a policy in place prior to a future business request.
19. Adjourn.
Commissioner Shamburg made a motion, seconded by Commissioner Gamble, to adjourn. Motion carried. 5 ayes.
The meeting adjourned at 7:28 p.m.
The work session on the municipal code previously scheduled for October 9, 2006 was cancelled.