April 16
CITY OF HIAWATHA
CITY COMMISSION MINUTES
MONDAY, APRIL 16, 2007 at 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, April 16, 2007, at 5:35 p.m. at City Hall with Mayor Gernon, Commissioner Collins, Commissioner Shamburg, Commissioner Schmitt, and Commissioner Gamble present.
2. Approval of minutes of the April 9, 2007, City Commission meeting.
Commissioner Schmitt made a motion, seconded by Commissioner Gamble, to approve the minutes of the April 9, 2007, City Commission meeting. Motion carried. 3 ayes. 2 abstains. Mayor Gernon and Commissioner Shamburg abstained.
3. CONSENT AGENDA
a. Approval of Payroll Appropriation #1081 in the amount of $40,445.13.
b. Approval of Utility Refunds in the amount of $144.29.
c. Approval of Monthly Report of Municipal Judge for March 2007.
d. Approval of payment to the League of Municipalities for the Code Conference on January 8, 2007 and the Codification of the Municipal Code in the amount of $2,161.06.
e. Approval of payment to Westar Energy in the amount of $2,126.74 for the March usage for the Streetlight Account.
f. Approval of an appropriation to set up the Employee Medical Flexible Spending Account for 2007-2008 in the amount of $7,360.08, to be reimbursed through payroll.
g. Approval of an appropriation to set up the Employee Dependent Care Flexible Spending Account for 2007-2008 in the amount of $3600.00, to be reimbursed through payroll.
h. Approval of payment in the amount of $1,729.00 to Kansas Municipal Insurance Trust for Balance of 2006 premium following 2006 Payroll Audit.
i. Approval of Plumber License for Falkner Plumbing Company.
Mayor Gernon stated that Item “d”, the payment to the League of Municipalities, he believed was a service which would be free to the City.
City Administrator Ladner stated it was her understanding as well, with the exception for the mileage for the code conference, the service would be provided to the City at no charge. She stated that she would follow up with the League. She was not aware if the City signed a contract at the beginning of the codification concerning the cost.
The Mayor stated that he would be in favor of pulling that item out of the Consent Agenda until further research was available.
Commissioner Collins inquired about the Utility Refunds. City Administrator Lynne Ladner explained that this is the remainder of the customer’s water deposits for those who have discontinued their water service.
Commissioner Collins also inquired about Items “f” and “g”, if they were new items to the appropriation.
City Administrator Ladner explained that those are annual appropriations that are done in April. After the employees sign up for the new benefits for the year, they are also given the opportunity to sign up for Flexible Spending Accounts. This sets up the appropriation, money is taken out of their paychecks to be reimbursed throughout the year.
Commissioner Schmitt made a motion, seconded by Commissioner Shamburg, to remove Item “d” and approve the remainder of the Consent Agenda as presented. Motion carried. 5 ayes.
4. Presentation of petitions, public comments, memorials.
No comments.
5. National Volunteer Recognition Week.
Mayor Gernon presented the volunteer awards to the following:
Cub Scout Pack #117 nominated by Jeremy Stover
Tony Campbell
Tony is the Cub Master of Hiawatha Pack #117. Tony has been with the pack for 4 years and it is his dedication to youth development that makes his service a credit to Hiawatha.
Tom Jones
Tom is the Webelo’s leader of Pack #117 in Hiawatha. Tom has been a leader for 6 years, starting with the 1st grade Tiger Cubs and following them all the way through to Boy Scouts. This along with Tom’s other civic activities make him a credit to Hiawatha.
Morrill Public Library nominated by Catherine Newland
Allison Melster and Virginia Regier
The Library’s annual Spring Tea fundraising event was held March 25th. Without the time and talents of many who volunteer to be Table Designers for the event, the tea could not be held. Allison and Virginia represent those dedicated people who work on behalf of the library each spring. Allison, along with other members of the Xi Delta Pi sorority, has designed a tea table every year for the Tea. Virginia has also helped design a table each year as a member of the Saturday Club of Hiawatha. The Table Designers spend many hours planning in the weeks before the event; setting up the tables the day before the event; and additional time taking down their creations after the event.
Oak Ridge Acres Nursing Facility nominated by Denise Wolney
Michelle Atlakson and Mari Ann Garrison
Both of these employees work for Oak Ridge, but they volunteer their time above and beyond the call of duty to help the elderly in our community. Michelle and Mari Ann both dedicate their own personal time to assisting others. Many of the Oak Ridge residents have family members that are frail and in need of assistance, but they have no family living in the area. Both of these ladies have spent their own time checking on these people in their homes; providing rides to medical appointments or shopping; answering questions about paperwork and the availability of resources; and just being there when needed. These two surely inspire the rest of us by example!
Mt. Zion Rustlers 4-H Club nominated by Jennifer Ploeger and Carol Strahm
There are currently 37 members in the Mt. Zion Rustlers 4-H Club. Jean Britnall and Micki Meenen are the two adult leaders. The Club President this year is Kyle Meenen with Alexa Sprick as Vice President. The 4-H program helps develop community service as one of the five life skills that 4-H focuses on with our youth. 4-H members and their families all become involved. This is truly done by “Inspiring by Example.”
Hiawatha Swim Team nominated by Kristin Rosenberger
On behalf of the Hiawatha Swim Team, we would like to nominate Mary Atlakson who is in charge of the scoring table as well as Dawn and Kenny Stephen. Dawn works at the scoring table while Kenny is in charge of the timers. The Stephen’s also transport the tents to the meets for us.
Board Members are:
- Teri Schneider, Rebecca Farrar, Sarah Kleopfer, Kristin Rosenberger, Renee Henry, and Joy Shoop
Northeast Kansas Area Agency on Aging nominated by Bev Sunderman
Betty Lewis will accept the recognition for Xi Delta Pi Sorority. This sorority folds our quarterly newsletters and attaches the mailing seals for a seven county area. This is very beneficial to our non-profit agency. We appreciate their willingness to volunteer!
NEK-CAP, Inc. nominated by Linda Schilling
John and Virginia Rainwater are being nominated for their efforts on behalf of the Brown County Christmas Bureau. They are an outstanding couple in the community who have devoted numerous hours to different volunteer endeavors. The Rainwater’s have been involved with the Brown County Christmas Bureau for the past 8 years. John coordinates all the transportation issues which involve the use of numerous trucks and manpower. Together the couple works with the set up and distribution of the gifts for the many families who participate in the program. The Brown County Christmas Bureau is indeed honored to have such devoted volunteers and to the City of Hiawatha for their recognition of the many volunteers in the community.
NEK Multi-County Home Health and Hospice nominated by Danielle Vaughan
NEK Multi-County Home Health and Hospice would like to nominate our Hospice Volunteers known as NEK Friends of Hospice, as this group of men and women are devoted to making the last days of our patient’s live as comfortable as possible. Not only do they sit with patients and provide companionship, they also run errands, they have craft sales at the local Summerfest and Maple Leaf Festivals to raise money to purchase equipment or medications for our patient’s who could not afford supplies themselves. These ladies make pillows for our patients and they sell angels and snowflakes at Christmas Time. The list goes on and on everything these ladies and gentlemen do for our agency and our community.
Hiawatha Chamber of Commerce nominated by Shelly Cattrell
Randyll Smith, President of the Hiawatha Jayhawker’s 4-H Club and Dorissa Jenkins, Vice-President of the Hiawatha Jayhawker’s 4-H Club. These two individuals help keep their club involved in the community. This past fall, the Hiawatha Jayhawker’s 4-H Club painted the park benches at Starr Park. They stuffed Halloween bags to give out to the Halloween Costume contestants for the Hiawatha Chamber. They also organized their club, to be carolers for the 10th Annual Jingle Bell ride. In January, Randyll and Dorissa help to organize a community blood drive. They took the time to call a list of previous donors and set appointments for the blood drive. They had a goal of 65 units of blood to be donated and exceeded this goal by two. These youngsters also show their respect for the older members of the community; in February they shared a Saturday afternoon with the residents of Gran Villas where they performed a skit titled “Too Much Salt” and made valentine placemats. The girls together show their enthusiasm for the community and take great pleasure in organizing their club to be involved, and readily and willing serve when asked. They stand out and truly “Inspire by Example”. It is a great pleasure to nominate Randyll and Dorissa because they are very deserving of the recognition of their efforts.
Hiawatha Lions Club nominated by Virginia Regier
On April 22, 2007, the Hiawatha Lions Club will begin its 69th year of service to the community and is being nominated by its secretary Virginia Regier. The 14 members are very active community minded club and quietly go about the business of helping others. They have always assisted with eye care of various types and now are emphasizing diabetes awareness. In recent years, the Lions Club has placed emphasis on the youth, encouraging them to learn and grow.
6. Earth Day Proclamation for April 19, 2007.
The Mayor read and signed the proclamation.
7. Arbor Day Proclamation for April 19, 2007.
The Mayor read and signed the proclamation.
8. Helen Sourk request to adjust her March sewer charge at 711 Oregon.
Helen Sourk stated that on February 28, 2007, she was notified of a water leak at her business located at 711 Oregon. She discovered a water line break in the back room of the building. She said that when she recieved her utility bill, the bill was $916.31, of which the water portion was $396.70. Ms. Sourk stated that her concern was with the sewer portion, which is $490.64. She understood about the wisdom of tying water and sewer bills together because water usually goes down the sewer drain. However her building does not have a floor drain for the water to flush down the sewer.
Ms. Sourk had contacted Administrator Ladner concerning the policies for water leak abatements. Administrator Ladner referred her to the February 6, 2006 minutes in which the Commission did address water bills, but did not address sewer. This is not the first water leak they have had over the years, but it is the first one of this magnitude.
Ms. Sourk said she would like the Commission to take a look at sewer bills when the water does not go down the sewer drain. She does not feel that she should have to pay the full sewer amount of her utility bill. Ms. Sourk would feel comfortable with someone from the City to look at the building and view the area from the water leak. She has paid the water portion of the utility bill. She said that after talking to Administrator Ladner, she felt that she could wait until after the determination was made by the Commission before she paid the remainder of the bill.
The Mayor asked Administrator Ladner to read the policy adopted in February 2006. It read, “A policy that no water leak adjustments will be made unless the water loss has been shown to be caused by equipment or lines that the City is responsible for.”
After discussion, the Commission decided to have Administrator Ladner and Wastewater Supervisor Dave Grimm survey the building and come before the Commission next week. The Commission also agreed to not disconnect water service on the 20th for non-payment until a decision could be made regarding the bill.
9. Dean Tollefson request to modify the proposed Municipal Code.
Mr. Tollefson stated that he was present to ask the Commission to remove Article 2a and Article 5 from Chapter VIII of the proposed Municipal Code, so the City could keep “CODEREXUS” off the streets of Hiawatha. He stated that the current Municipal Code has provisions for taking care of unsafe and dangerous property, nuisances and clean up. He stated that at the beginning of this procedure, Code Enforcement Officer Malcolm Grier had provided a survey of about sixteen cities, and only four cities have the property maintenance code. Of those four cities, one is Mission Hills which has an average income of $192,000 and their average home value is over $400,000. The other one is Fairway that has almost tripled in their existence.
He stated that a couple weeks ago, there were two errors in Chapter VIII which have not been fixed. City Administrator Lynne Ladner stated that Mr. Tollefson did not point out the errors, but just made a mention of them. He was concerned that the League of Municipalities did not catch these errors upon forming the new code, and what other errors may be present.
Mr. Tollefson pleaded again with the Commission to remove Articles 2a and 5 for the sake of Hiawatha, so the City can get back to enjoying to what he considers the best prosperity to the town in the last 25 years.
Mayor Gernon stated that Mr. Tollefson was on the Citizen’s Committee, who helped review the entirety of Chapter VIII. The Mayor asked Dean if he was ever denied an opportunity to speak his peace at the meetings. Mr. Tollefson pointed out one situation where the committee made a motion concerning the word “blight” which is used throughout the Chapter. He stated that the K.S.A. handbook that governs the municipalities in Kansas does not use the word “blight”. Mr. Tollefson believed that the committee decided unanimously to eliminate the word “blight”.
Mayor Gernon asked the committee’s chairperson John Moore how many “nay” votes were on the committee when reviewing Chapter VII. Mr. Moore stated that there was only one “nay” vote, and it passed 4-1. Mayor Gernon asked Mr. Moore since that time has he received any negative comments from the other committee members. Mr. Moore stated he has not.
Mayor Gernon stated the nine-member Community Citizen Committee went over Chapter VIII, it was recommended by the League of Municipalities, and Mr. Tollefson had more than ample opportunity to make his views known.
Code Enforcement Officer Malcolm Grier stated that he is literally in a unique position as such that he is a resident in the City of Hiawatha, but he is also the City’s Code Enforcement Officer. Mr. Grier stated that along with Chief Woehlecke and Sergeant Tollefson, they view these situations every day while they are patrolling the streets of Hiawatha. There are a tremendous amount of issues that need to be addressed which the current municipal code will not allow. Mr. Grier said that his goal is to see the community grow, and the adoption of the minimum housing standards would encourage growth. He would not support this section if he did not feel this would work.
Mr. Grier stated that as Dean Tollefson addressed, there are those who fight for the rights for the government to not interfere. However, there are also those who fought for the same rights to have property beside them that looks good in the community. If the City of Hiawatha does not take the measures to prevent certain issues, the city could end up looking like some of the other cities Mr. Grier has had to visit with.
Code Officer Grier stated that when he spoke to those sixteen communities, there were some that were having worse problems than Hiawatha. He felt that if the City did not allow the municipal code to pass, then the City could be back to square one again. He is not saying that this will be a “fix all”, but it gives the City the opportunity to resolve some of the current issues in town. The proposed code is only dealing with minimum housing standards, which is no different than what the federal government allows. NEK-CAP has set up Section VII housing which includes minimum housing standards.
Sergeant Laura Tollefson stated she manages the city’s nuisance abatement program through the Hiawatha Police Department. She and Chief Woehlecke attended the Citizen Committee meetings as often as possible. She believed that the committee worked very hard and came up with a proposal that will work for the City of Hiawatha. The committee went over several different issues. She felt that there was a lot of discussion, and the committee members took home some of their proposals. She felt that this is an excellent proposal that will help the law enforcement and code officer do their job much more effectively and efficiently. She thought that this was a good compromise, and the code was gone through with a “fine-tooth comb.”
Chief Evans Wohlecke stated that this was a wonderful committee to work with. He stated that everyone had questions and individual ideas to put on the table. It was not only one-sided, but it was a complete group effort. He felt comfortable with what was decided upon.
Citizen Committee Chairperson John Moore stated that the next to last meeting that they had, the committee discussed options of how to access people that were not compliant with the code issues. They discussed options such as volunteers, helping each other, clean up days, and etc. He felt that this would be a good way for the citizens to help each other to get some of the areas cleaned up in town.
Citizen Committee Member Sheila Schwalm stated that there were numerous hours put into the efforts of reviewing this code. The committee members worked on the information outside the meetings, because there was no way that they could cover that much information in one hour, as the meetings were scheduled. There were different situations that were brought up and had to be discussed and resolved as a group.
Citizen Committee Member Rance Hixson stated he had nothing more to add than what he stated at the last Commission meeting.
City Administrator Lynne Ladner addressed Dean Tollefson’s comments about the use of “blight” in the Kansas Statutes. It appears in the Urban Renewal Code of the Kansas Statutes. She stated that the information was provided to each committee member to review. The books that Mr. Tollefson was referring to were not in their entirety, but appendixes in addition to all the K.S.A. books. She also stated that of the sixteen cities that Code Officer Grier interviewed; the four that had adopted the property maintenance code, had adopted the International Property Maintenance Code. That does not say that they have not adopted minimum housing standards or additional environment codes. She felt it would be a disservice to assume that these cities do not have any other means to address the issues in their communities.
Old Business
10. Review Bids on Finish Mower.
City Administrator Ladner stated that as requested by the Commission trade-in values for the street department mowers have been obtained from two of the three organizations that bid on the mowers. The third did not choose to bid on the trade-in value.
The Street Department in an effort to better facilitate the maintenance of all the city property that requires mowing while accounting for the fact that federal law requires any person operating heavy equipment (which mowers are considered) must be at least 18 years of age, the Street Department has requested and received bids for a new finish mower. The lowest bid is Skyview for $9,100 with trade in allowances of $3,000 for a total value of $6,100. This is a change from what the original bid was before they had looked at the trade in value.
The City received only one bid for the purchase of turf tires for the tractor. That bid was from Henry Bros. in the amount of $1,260.
It was Administrator Ladner’s recommendation to accept the low bid from Skyview for the purchase of the finish mower in the amount of $6,100 and the low bid from Henry Bros. for the purchase of the turf tires for $1,260 and authorize the street department to purchase the mower and turf tires.
Commissioner Collins made a motion, seconded by Commissioner Gamble to accept the bid from Skyview for the purchase of the finish mower in the amount of $6,100 and the low bid from Henry Bros. for the purchase of the turf tires in the amount of $1,260. Motion carried. 5 ayes.
11. Review Bids on Dump Truck.
As requested by the Commission two weeks ago, each of the companies that bid on the dump truck have submitted 4- and 5-year lease information for consideration. The prices for the trucks remain constant; the only variables are interest rates, 4- or 5-year terms, and whether or not to include down payments. After reviewing all things considered, Freightliner is still the lowest overall cost and annual payment at $18,477.30 for a 4-year term and $15,171.31 for a 5-year term with no down payment on either option.
The Street Department has $20,000 set aside for a dump truck in the 2007 budget. For either the 4- or 5-year term, the financing is available. If the City does a lease, it will have to be a COP (Certificate of Participation) lease, which allows the Commission to appropriate or not appropriate in future years the money if the Commission felt in future years that this is not in the best interest of the City. In the future, the Commission could refuse to appropriate the money for the lease, at which time the truck would be returned to the dealer.
Street Department employee Biff Mauslein stated that the current dump truck is on its last leg and needs work done on it now. This is currently the only dump truck available to the City staff.
Mayor Gernon stated that the biggest question is the need for the dump truck and what other avenues are available in situations such as snow removal. He inquired if there were any options like leasing a private truck or from the County. The reason for this is because not so much that he is against the dump truck, but there are some things that HFED has brought to his attention that may also require additional funding.
Commissioner Gamble said that he doesn’t mind looking for another truck, but is more in favor of getting a used truck. He stated that just because something breaks down, does not mean the City has to purchase new equipment. He felt that there are plenty of used vehicles out there and the City should be more focused on purchasing a used truck.
Commissioner Collins said that he is more focused on the future and would not like to pick up someone else’s problems. He would prefer leasing a new vehicle than getting a truck that has to come before the Commission every few months and need repairs when there is a warranty available on a new truck.
Commissioner Gamble stated that most people do not go buy brand new cars, and does not feel that the City should finance a brand new dump truck when the finances are not available. He has only bought one new car in his life, and the rest were used. He has never had a problem with purchasing used vehicles. He does not view it as a problem or a bad investment if it is a good used vehicle. He does not feel that the City needs a brand new truck.
Commissioner Schmitt stated that comparing a dump truck to a car is like comparing apples to oranges. She agreed with Commissioner Collins that a lot of dump trucks that are used are “well used.” She was in favor of getting a newer truck for the department because the need is there.
Administrator Ladner stated that another option would be for the Commission to wait and appropriate the finances into the 2008 budget and purchase the truck at the beginning of next year. This would give the Commission a chance to decide if they want to lease a vehicle, or if they want to take the time to look for a good used dump truck. However, if that decision was made, there is still the possibility that between now and January that something could happen to the current truck.
Mayor Gernon stated that the Commission was in agreement that there is a need for a new truck. The only question is does the City proceed to finance a new truck or get a used one.
Commissioner Collins said the City needs to look into the future, and a new truck will not need to be replaced for the next five to ten years. He felt that the City crews deserve better equipment when more is expected of them with projects such as curb and gutter repair, hauling material and rock, and snow removal.
Biff Mauslein stated that the truck that they are currently using is a 1991 truck and was purchased brand new when they got it.
Commissioner Shamburg inquired if the truck is serviceable for right now. Biff stated that the truck has lost a lot of power, and it is currently on its second motor. City Administrator Ladner said if a new dump truck was purchased; the City would keep the current one for a back up until it was finished.
Commissioner Shamburg could see validity in the comments from both Commissioner Collins and Commissioner Gamble. The overall quality of our fleet of City vehicles are getting age on them. This situation could continue if the City chooses to continue to “patch through” and not update the equipment.
Administrator Ladner validated that there could be potential infrastructure costs coming before the City that would need to be addressed this year as Mayor Gernon alluded to earlier. If the Commission decided to wait to purchase a new vehicle until 2008, they could appropriate the money to purchase out right at that time.
Mayor Gernon stated that he does favor the lease program and to spread the payments out over time. He also agreed that it is hard to predict if the money will be needed for another project.
Commissioner Schmitt inquired that with this proposed plan with HFED, would the magnitude of the funds requested from the City be something that the budget is not even going to incorporate or just take the $20,000. Mayor Gernon agreed that it would be more than the $20,000, but does not have an actual amount available.
Commissioner Schmitt made a motion, seconded by Commissioner Collins, to enter into a five-year lease with Freightliner in the amount of $15,171.31. Motion carried. 3 ayes. 2 nays. Commissioner Shamburg and Commissioner Gamble voted nay.
City Administrator Ladner explained that if she could get one of the local banks to meet the rates of Freightliner with a Certificate of Participation, would the Commission be interested in financing through a local bank.
The Commission agreed that they would be willing to look at any avenue that saved the City some money.
New Business
12. Consider adoption of Ordinance #977 adopting codification of the ordinances of the City of Hiawatha authorized by Ordinance #912.
The City has been working for several years on updating and revising the Municipal Code. Following January’s work session and the work of the Community Committee, the Municipal Code of the City of Hiawatha is being presented for adoption.
It is Administrator Ladner’s recommendation to adopt Ordinance 977 adopting the codification of ordinances of the City of Hiawatha, Kansas as authorized by Ordinance No. 912 providing for the repeal of certain other ordinances not including therein, excepting certain ordinances from repeal and saving certain accrued rights and liabilities.
Dean Tollefson wanted to clarify to the Commission about his information about the word “blight” came from Advisor of Statutes, who is formerly a Hiawatha resident. Through this person’s experience and the research on the computer, the information he received regarding municipalities is free of the word “blight.” The Urban Renewal as referred to by Administrator Ladner, Mr. Tollefson stated he does not believe applies to the City of Hiawatha.
Commissioner Collins thanked the Citizen Committee for the hard work and dedication for working on updating the code and believes that the Commission should adopt the new municipal code.
Commissioner
Collins made a motion, seconded by Commissioner Gamble, to adopt Ordinance 977
adopting the codification of the ordinances of the City of Hiawatha authorized by Ordinance 912. Motion carried. 5 ayes.
Mayor Gernon expressed to Dean Tollefson that he understands the effort and
work he has put into researching information concerning the municipal
code. The passion is a good drive. There is also a time to recognize when one is
in the minority. Mayor Gernon remarked that there are many projects that could
be researched to benefit the City and would like Mr. Tollefson to help research
that information at a later date.
13. Consider adoption of the Resolution #2007-07 setting fees for permits, after-hours inspections, and plan reviews.
The new Municipal Code sets forth the implementation of fees for building, electrical and plumbing permits, after hours inspection fees and allows for fees to be recovered for construction plan review when required. Resolution 2007-07 sets those fees as agreed upon by the Commission during the January work session.
Administrator Ladner recommended adopting Resolution 2007-07 setting the fees for building permits, after hour’s inspections and recovering costs for construction plan reviews.
The League attorney recommended that the fees be separate from the municipal code so that in the future if the Commission decides if they are prohibitive to the community or if the fees need to be increased due to expansion or inflation, the Commission could easily change them through resolution rather than changing the entire ordinance.
Commissioner Schmitt made a motion, seconded by Commissioner Collins to adopt Resolution 2007-07 setting the fees for building permits, after hours inspections and recovering costs for construction plan reviews. Motion carried. 5 ayes.
Dean Tollefson had some comments regarding the sections new code concerning the need for permits.
14. Lynne Ladner, City Administrator.
The City of Hiawatha was not selected for the Boundless Playground. The winner was McCollough Elementary in Claridge, Pennsylvania.
The USDA would like to hold a meeting in May for the community providing information on housing and business programs to include grants, low interest loans and guaranteed loan programs for single and multi-family housing as well as for businesses. Code Officer Malcolm Grier has agreed to assist in setting up a time for the meeting, while coordinating with the school calendar. The City will publish this information in the newspaper and posting flyers on bulletin boards around town. This would be an opportunity for anyone that feels that they would have problems meeting the minimum housing codes just adopted. The USDA has programs that offer as low as one percent financing depending upon income. This would be a great opportunity for the community to get involved and/or make improvements to their property.
15. Mayor Crosby Gernon.
Representative Steve Lukert was present due to an email sent by Mayor Gernon. The House Bill 2528 is a bill that was sponsored in the House that would allow cities to regulate the use of concealed weapons in open air locations. Governor Sebelius vetoed that bill on Friday. There will be an override motion on behalf of the House and the Senate to enact this over her veto. He believed that since this will affect the City, he felt that the Commission, staff, and the city’s law enforcement should be made aware of the situation.
Representative Lukert stated he would like the Commissioners’ opinion about this particular veto. He supported the bill the first time, but that doesn’t mean he will support the bill the second time it is approached. He does have a lot of confidence in the Governor’s wisdom.
Mayor Gernon stated he felt that this is a decision that each community should be able to decide themselves. Right now the City does not have ordinances to keep concealed weapons away from city parks such as Bruning Park, Noble Field, the Aquatic Center, and the City Lake. He felt that this ability to enact ordinances is consistent with fundamentals for self-determination overall, and he did not feel that the City was over-stepping. He knew that most everyone was aware of the shooting {at Virginia Tech}. He felt that the City of Hiawatha should have the ability to make a decision such as this.
Mayor Gernon encouraged anyone that had an opinion concerning concealed weapons to contact either Senator Pyle or Representative Lukert.
Commissioner Collins and Commissioner Shamburg stated that they are standing with the veto from the Governor. Commissioner Gamble stated it would be difficult to enforce across the state the permit to conceal/carry. An individual has to go through a lot of training, and a permit is not just given to just anybody. He felt that the law should be uniform across the state, because right now from city-to-city is different.
Chief Evans Woehlecke stated that the bad people are going to carry a gun whether there is a law or not. He stated that the law enforcement officers treat each stop and call the same for the safety of the officers and the citizens. It has happened here before when a Deputy was shot and killed. No matter what, if there is a permit or not, there will be someone who will carry a concealed weapon.
Mayor Gernon stated that the City of Hiawatha should have the capability to enforce through ordinances and guidelines concealed weapons within our city’s parks.
Representative Lukert stated that based upon the comments from tonight, he will be inclined to support Governor Sebelius’s veto.
Mayor Gernon asked Dean Tollefson if he would be interested in doing some research into a possible Wind Energy farm.
Mayor Gernon made a motion, seconded by Commissioner Gamble, to move into executive session to discuss real estate and include the Commissioners-elect John Sheeran and Vicki Denton, Hiawatha Foundation for Economic Development President Jon Dashner and Economic Development Director Marian Tubach, and City Administrator Lynne Ladner for a period of fifteen minutes. Motion carried. 5 ayes. 6:55 p.m.
Commissioner Schmitt made a motion, seconded by Commissioner Gamble, to extend the executive session fifteen minutes. Motion carried. 5 ayes. 7:10 p.m.
Commissioner Collins made a motion, seconded by Commissioner Shamburg to return to regular session. Motion carried. 5 ayes. 7:26 p.m.
16. Com. William Collins.
17. Com. Curtis Gamble.
Commissioner Gamble stated that there was an incident a couple weeks ago when a City vehicle was damaged and is currently being repaired. There was not an opportunity to have a bid taken. He just wanted to go on record to say that if something happens with the City vehicles or employees, he would not like to hear about it second hand.
18. Com. Marianne Schmitt.
19. Com. Steffen Shamburg.
20. Adjourn.
Commissioner Shamburg made a motion, seconded by Commissioner Gamble to adjourn. Motion carried. 5 ayes. 7:29 p.m.