September 11
CITY OF HIAWATHA
CITY COMMISSION MINUTES
MONDAY, SEPTEMBER 11, 2006
5:35 P.M.
HIAWATHA CITY HALL
723 OREGON ST.
1. Pledge of Allegiance/ Call to Order
2. Approval of minutes of the August 28, 2006 City Commission meeting.
The Hiawatha City Commission met in regular session on Monday, September 11, 2006 at City Hall with Mayor Gernon, Commissioner Collins, Commissioner Shamburg, Commissioner Gamble, and Commissioner Schmitt present.
Commissioner Schmitt made a motion, seconded by Commissioner Gamble, to approve the minutes of the August 28, 2006 City Commission meeting. Motion carried, 5 ayes.
3. Presentation of petitions, public comments, memorials.
Mayor Gernon asked for a moment of silence for everyone to reflect on the events of September 11, 2001.
Old Business
4. Fourth Manhole Project.
City Administrator Lynne Ladner explained that at the commission meeting on August 28, 2006 the Commission agreed to the installation of a fourth manhole to be located in the 1000 block of Oregon Street. Since that time while reviewing city maps, the Sewer Department was able to locate an abandoned manhole in the area. They have dug it up and placed back in service.
Since the funds have already been authorized and there is no lack of need for improvements to the sewer system, they would like authorization to put the new manhole in the alley behind 302 Oregon. There are no existing manholes in that area, with a distance of approximately 900 feet between manholes there. She said that the cost would be no more than for the previously approved project.
Commissioner Collins expressed concern that the research had not been done properly on the manhole project in the 1000 block, and wondered how much research had been done on the 302 Oregon project.
City Administrator Ladner told the Commission that they had looked over all of the City maps and there were no other manholes on those existing maps.
Commissioner Collins wondered why they had not checked all of the existing maps on the other project.
Administrator Ladner said that they had not looked that far back, that those maps were from the 1940’s.
Commissioner Schmitt made a motion, seconded by Commissioner Shamburg, to authorize the relocation of the fourth manhole project to the alley behind 302 Oregon. Motion carried, 5 ayes.
5. Fire Truck Maintenance.
City Administrator Lynne Ladner explained that in August 2006, the Fire Department reported that two of the fire trucks were in need of repairs. The first, E-3, needed repairs to the pressure relief valve. The second, Engine #4, required repairs to the water relief valve and the aerial discharge valves.
The first truck, E-3, has since been repaired by Shear Automotive for a cost below the original estimate of $1,688.70.
Chief Shear said that he has only been able to obtain two bids for the repairs on Engine #4, one from Emergency Apparatus Maintenance in the amount of $1,702.05, and one from Conrad Fire Equipment in the amount of $4,330.
Commissioner Collins reminded the Commission that they had asked for bids on both.
City Administrator Ladner explained that Chief Shear had repaired the one fire truck himself. He had contacted one of the companies who gave him detailed instructions on how to make the repair. He went ahead and made the repair at significant savings to the City. Administrator Ladner told the Commission that she had explained to Chief Shear that what he did was improper and that in the future no work would be authorized by the Commission without at least three bids. She also told him that he must submit bids himself for any repairs on City vehicles or equipment that his business may be doing.
Discussion followed whereby Commissioner Collins and Commissioner Schmitt asked that Shear be reprimanded for his action, with a reprimand being placed in his personnel file. Commissioner Gamble felt that Shear had the City’s interests at heart and had saved the City over $1000 by making the repair himself. City Administrator Ladner explained that the repair cost by Chief Shear was just a little over $500 for labor and under $50 for the part. Commissioner Shamburg felt that the administrator had already handled the situation properly.
Commissioner Schmitt questioned whether Shear was capable to do this work, to which City Administrator Ladner replied that Shear had the company recheck and approve the repair. Commissioner Gamble explained that Shear had originally declined to do the repair himself for reasons of liability, not because he was incapable of doing it.
Mayor Gernon asked what disciplinary action there was.
Administrator Ladner explained that there was no documented policy set up as to disciplinary action. She indicated that she was currently working on a policy which would set out disciplinary actions.
Mayor Gernon agreed with Commissioner Gamble, but thought that Shear should have at least come to the City Administrator to discuss the situation prior to doing the repair himself. He said that there should be firm lines established with spending the taxpayer’s dollars.
Commissioner Schmitt said that since the City did not have any written policy in place at this time, they would not put a written reprimand in his file. The next time it happens, it will be documented in his personnel file as a written reprimand.
Commissioner Shamburg made a motion, seconded by Commissioner Collins, to authorize Fire Chief Gary Shear to hire Emergency Apparatus Maintenance to do the repairs to Engine #4 in the amount of $1702.05. Motion carried, 5 ayes.
6. Signal Light Bids.
City Administrator Lynne Ladner explained that the City had authorized the Lights Department to put out to bid the installation of the new signal lights at the intersections of Seventh and Oregon and Sixth and Oregon. The bid was sent to four companies that do this kind of work.
The City had received only one bid estimate back from these companies, from Waldinger Corporation in the amount of $13,856. Since the last meeting, the City has received a second bid from Pinnacle Electric in the amount of $6,100.
Administrator Ladner said that she had talked it over with Rick Koenig, Lights Superintendent, who indicated that the bids were for the same services.
Koenig explained there would be some small additional costs that neither bids included concerning the installation of the power supply.
Commissioner Gamble made a motion, seconded by Commissioner Shamburg, to accept the bid for the signal light installation at the intersections of Sixth and Oregon and Seventh and Oregon to Pinnacle Electric in the amount of $6,100. Motion carried, 5 ayes.
7. Drug and Alcohol Abuse Testing Policies.
City Administrator Lynne Ladner explained there were two different policies, one for DOT (Department of Transportation) employees and one for non-DOT employees. The reason for having two separate policies is that the Federal Government places stricter requirements on DOT personnel than on other government employees.
Both of these policies require all employees to participate in pre-employment, pre-duty, random, post accident/incident, reasonable suspicion, return-to-duty, and follow-up testing upon selection or request of management.
Mayor Gernon clarified that this policy would supercede any existing policies.
Commissioner Gamble pointed out areas in the policies that needed to be corrected: DOT Policy, Section D, line 1, breathe should be breath; Section E, last line, leaver should be leave; and Section VI, next to last line, need to add the word “less” before “than 0.02.” DOT Policy, Section D, line 1, breathe should be breath; Section G of the non-DOT policy, third sentence from the bottom, should be “less” than 0.02%. Form “Notification Type of Collection Needed,” Line “Type of test needed…” Breathe should be breath.
Commissioner Schmitt asked if this drug policy would cover all employees.
Administrator Ladner explained that it would not cover the seasonal employees, but they would still be eligible for random or probable cause testing.
Commissioner Shamburg made a motion, seconded by Commissioner Gamble, to approve the Drug and Alcohol Abuse Testing Policies with corrections. Motion carried, 5 ayes.
8. Consider Approval of G.O. Sales Tax Bond Resolution for Post Lantern Street Light Project.
Kevin Cowan explained that Resolution No. 2006-09 authorized the City to offer at competitive public sale approximately $1,400,000 principal amount of General Obligation Sales Tax Bonds, Series B, 2006.
Cowan said that rates are better today than they were earlier in the summer when the Commission was first considering the numbers on this deal. If that holds, it obviously will mean a lower interest cost and would allow us to increase the principal amount of the deal, thereby further maximizing our project fund deposit. He said he had used the maximum issue size of $1,400,000, reserving the right of the City to decrease that amount, if necessary, based on the interest rates bid.
Cowan explained that the sale date of the bonds is set for October 2, 2006, with bids due at 1:00 p.m. The closing date is set for October 11, 2006.
Commissioner Collins made a motion, seconded by Commissioner Gamble, to approve Resolution 2006-09, Resolution Authorizing the Offering for Sale of General Obligation Sales Tax Bonds, Series B, 2006, of the City of Hiawatha, Kansas. Motion carried, 5 ayes.
New Business
9. Utility Line Locator Bids.
City Administrator Ladner explained that the Sewer Department is often called upon to locate utility lines when a leak or backup occurs. The equipment that has been currently used is over twenty years old and has now failed beyond repair. The Sewer Department put the item out to bid, requesting the Rycom 8831 locator with the flexicoupler attachment. Three bids were received. The low bidder, Heartland Construction, bid a delivered price of $2695, but did not meet the bid specifications because it did not include the flexicoupler. The next lowest bid is from Rycom Instruments for a total of $2,697.96 delivered. Their bid does include the flexicoupler and is only $3.00 higher than the lowest bidder.
Administrator Ladner recommended accepting the Rycom Instrument bid.
Commissioner Schmitt made a motion, seconded by Commissioner Gamble, to accept the bid from Rycom Instruments for the Rycom 8831 with the flexicoupler attachment in the amount of $2697.96. Motion carried, 5 ayes.
10. Discuss Proposed City Lake Bridge Project.
Malcolm Grier, Code Enforcement Officer, explained that some people had gotten in touch with him about putting in a new bridge at the Hiawatha Lake. He said that he had visited with Brown County who had agreed to help with the project. He said that he would like to see it built with donated funds. He explained that he has been getting a lot of response on the project from people who remember the old bridge and would really like to see another one put in. He said that he had also discussed the project with the Sesquicentenial Committee.
Grier said that he was considering Norfolk Contracting, Inc. to do the project because they do a lot of projects of this type.
Grier passed out an information sheet to the Commission and to the public which covered the following information.
The bridge would be 120 feet long, six feet wide, with the sides 42 inches high. It will be built, placed, and welded in three sections, 30 foot, 60 foot, and 30 foot. The tread will be bridge plank. The entire frame will be metal. The bridge will set on iron pilings driven approximately 10 feet down. The wider bridge would allow for handicap access.
Grier said that the county and city crews could help with the project to save on the cost.
The initial cost of the bridge was estimated to be $53,850. Grier said they would like to add a few changes to make the bridge unique and more picturesque. With the changes, the cost estimate would be closer to $60,000.
The changes would be as follows: The middle 60 foot section would have a roof installed over it to allow anyone to get out of the weather conditions. The middle section would have offsets on either side with benches to sit down to rest, sight see, or utilize for fishing. Lighting would be added across the bridge for night visitors.
Mayor Gernon agreed that this is an exciting project.
Grier told the Commission that he had gotten an e-mail from Rod Colvin, a former resident who is now a renowned author, who is interested in donating some money to help the project. Grier also said they are considering selling bricks for $100 each that have been removed from the old City streets and having them engraved with names and placed in the walk leading to the bridge. In the offsets under the roof section, eight plaques will be purchased and sold for $1500 as memorials or with family names. Two bridges will also be purchased, set in the offsets, and plaques installed with whatever the purchaser requests, at a donation cost of $2500 per bench. These things could be used to help finance the project.
Grier asked the Commission for their approval to let the city crews help do the project.
City Administrator Ladner explained they also need a motion to allow the bridge to be built over city property.
Grier said they would not start until the monies are in place. If the monies were raised in time, the company could build it this fall.
Commissioner Collins said that it was a good idea especially if it wouldn’t cost the city anything.
Commissioner Gamble made a motion, seconded by Commissioner Shamburg, to authorize Code Enforcement Officer Malcolm Grier to proceed with the proposed City Lake Bridge Project. Motion carried, 5 ayes.
11. Consider Approval of Payment to the State Treasurer for the Current Payments Due on Series 2000, 2002, and 2003 G. O. Bond.
Commissioner Gamble made a motion, seconded by Commissioner Shamburg, to approve the payment to the State Treasurer for the current payments due on the Series 2000, 2002, and 2003 G. O. Bonds in the amount totaling $131,080.00.
Motion carried, 5 ayes.
12. Consider Approval of Payment to the State Treasurer for the Current Payment Due on Series B, 2005 G. O. Refunding and Improvement Bond.
Commissioner Schmitt made a motion, seconded by Commissioner Shamburg, to approve the payment to the State Treasurer for the current payments due on the Series B, 2005 G. O. Refunding and Improvement Bond in the amount of $118,018.75. Motion carried, 5 ayes.
13. Consider Approval of Payment to the State Treasurer for the Current Payments Due on Series A, 1998 and Series C, 2005, G. O. Tax Increment Refunding Bonds.
Commissioner Shamburg made a motion, seconded by Commissioner Gamble, to approve the payment to the State Treasurer for the current payment due on the Series A, 1998 and Series C, 2005, G. O. Tax Increment Refunding Bonds in the total amount of $11,501.25.
14. Consider Approval of Payment to Bottorff Construction for Services to August 31, 2006.
City Administrator Ladner explained that the Streetscape Project is now 18.4% complete. Once this invoice is paid, the City will then submit a copy of the invoice and the cancelled check to the State for 80% reimbursement.
Administrator Ladner said that the project is running about a week behind schedule because the meter wells were delayed coming in. They have now come in and Bottorff is hoping to make up the week when they get into the 600 block. The weather is also causing some delay.
Commissioner Shamburg made a motion, seconded by Commissioner Schmitt, to approve payment to Bottorff Construction for services in the Streetscape Project to August 31, 2006, in the amount of $181,225.80, and to send the invoice to the State as soon as possible. Motion carried, 5 ayes.
15. CONSENT AGENDA
a. Appropriation Ordinance #1101 in the amount of $47,432.22.
b. Approval of the August 2006 Municipal Judge Report.
Commissioner Schmitt made a motion, seconded by Commissioner Shamburg, to approve the consent agenda as presented. Motion carried, 5 ayes.
16. Lynne Ladner, City Administrator.
City Administrator Ladner said she is seeking direction if money is available for repairing the drainage problem on Fourth Street, and if it could be put out to bid. BG Consultants has offered to do it at a discounted hourly rate if they did not have to put together a bid proposal. Dennis Hartter, Street Superintendent, said that they may be able to do the work but did not feel comfortable moving forward on the project without some engineering direction.
Mayor Gernon asked City Administrator Ladner to find out what the discounted rate was.
Commissioner Collins asked where there would be money to pay for this.
Administrator Ladner said she had been looking in the budget and had not yet figured out whether or not the funds would be available.
Commissioner Collins said he had been getting calls on this for years, so would like to see something done. He felt that the south end around the Fourth and Pottawatomie area was the worst. He said if funding was available, we need to get it done.
Commissioner Gamble said that the ditches on North Fourth are bad too but probably the ones on South Fourth need done first.
Mayor Gernon asked if this should be bid out.
Commissioner Collins asked Administrator Ladner to find out the discount rate and if we have the money.
Administrator Ladner explained that as we are coming to the end of the third quarter, we should have a better idea of where we are at on the budget.
Also, Administrator Ladner said that the League of Municipalities is asking the City to submit two voting delegates and two alternates.
Commissioner Collins said that in the past the City has sent the City Administrator and the Mayor.
Administrator Ladner said the meeting would be Tuesday morning, October 10, at Topeka.
Commissioner Shamburg offered to be the alternate.
The Commission appointed Administrator Ladner and Mayor Gernon as delegates, and Commissioner Shamburg and Commissioner Gamble as alternates.
City Administrator Ladner said that the NEK Technical College has asked for a donation for Skills USA to help them go to the National Competition. She said that there are Hiawatha residents on the Skills Team.
Commissioner Schmitt said that in the past the City has not donated to special requests such as that.
Commissioner Gamble said that if we do it for one then we would have to do for all, so they decided not to make a donation.
Administrator Ladner also said that she and Malcolm Grier, Code Enforcement Officer, had discussed a Property Responsibility Ordinance, and should have a draft for the Commissions review next week.
Administrator Ladner said that the Convention and Visitors Bureau brought up putting in a downtown sound system. The Hiawatha Chamber, the Convention and Visitors Bureau, and the Hiawatha Redevelopment Group have all three indicated they would be willing to provide some funding for the project, not including conduit, but providing speakers on every other pole alternating sides of the street from Sixth Street to Eighth Street along Oregon Street, and will add the control unit here at City Hall which would allow us to play either CD’s or FM radio through the system, as well as providing the ability to plug the Chamber’s PA system for events in the downtown area. The estimated cost is $29,733. An estimate for the conduit cost for the underground wiring is another $30,000, which is a substantial cost. Now would be the time to do it while streets are torn up. She estimates that those groups would only be able to come up with $12,000 to $15,000 of the cost, while the City would probably have to come up with approximately $45,000. She asked the Commission if they would like to pursue this.
The Commission agreed that while it would be nice, the City probably could not afford it at this time, and that it was too late to get it included with the Streetscape Project.
Administrator Ladner told the Commission that they needed a decision tonight on whether or not the City wanted to put the two hour parking signs back up, and if so, whether they needed to put them in the brick paver section or behind the brick paver section. The handicap signage could be in the street.
Administrator Ladner said that normally there are three signs in each block. She said that the Streetscape Committee had not discussed it.
The Commission decided that they would not put the two hour parking signs back up, but they do want an ordinance in place to keep vehicles from being parked downtown on a long term basis. The handicap parking would be painted on the street.
City Administrator Ladner noted that the work on the fountain by the Police Station is progressing.
Administrator Ladner told the Commission that she will be out of the office on Friday, September 15, 2006.
17. Mayor Gernon.
Mayor Gernon wanted to make sure that City follows up with Paul Mendez on the drainage problem discussed at last week’s meeting.
He also expressed concern about the crosswalk at Longfellow Drive and First Street. He said that traffic does not stop there for the pedestrians and he is concerned that someone is going to get hit.
Commissioner Schmitt suggested that the police patrol the area during school starting and dismissal times.
Mayor Gernon asked about the progress on the water and sewer rate studies.
Administrator Ladner said she should have the information by next week.
18. Com. William Collins.
19. Com. Curtis Gamble.
Commissioner Gamble congratulated Phyllis and Lester Shaw on their 50th anniversary.
20. Com. Marianne Schmitt.
Commissioner Schmitt reminded the Commission that they needed to look at getting the City’s maps updated.
21. Com. Steffen Shamburg.
22. Adjourn.
Commissioner Shamburg made a motion, seconded by Commissioner Gamble, to adjourn. Motion carried, 5 ayes. Meeting was adjourned at 7:17 p.m.