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March 5

CITY OF HIAWATHA

CITY COMMISSION MINUTES

MONDAY, MARCH 5, 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, March 05, 2007, at 5:35 p.m., with Mayor Gernon, Commissioner Collins, Commissioner Schmitt, Commissioner Shamburg, and Commissioner Gamble present.

2. CONSENT AGENDA

a. Approval of minutes of the February 26, 2007, City Commission meeting

b. Payroll appropriation #1078 in the amount of $34,827.90.

c. Approval of Payment to the State Treasurer for Interest in the amount of $39,214.58 for the Series 2006 G.O. Refunding and Improvement Bond.

d. Approval of Payment to the State Treasurer for Interest in the amount of $4,310.00 for the Series 2002 G.O. Bond.

e. Approval of Payment to the State Treasurer for Interest in the amount of $1,968.75 for the Series 2000 G.O. Bond.

f. Approval of Payment to the State Treasurer for Interest in the amount of $1,207.50 for the Series C, 2005 G.O. Tax Increment Refunding Bond.

g. Approval of Payment to the State Treasurer for Interest in the amount of $2,225.00 for the Series 2003 G.O. Bond.

h. Approval of Payment to the State Treasurer for Interest in the amount of $47,003.75 for the Series B, 2005 G.O. Bond.

i. Approval of Payment to Torgeson Electric for the Post Lantern Streetlight Project for the Period Ending February 17, 2007, in the amount of $68,760.00.

j. Approval of Payment for Commitment to Provide Funding to the Enterprise Facilitation Program in the amount of $2500.

k. Approval of Construction Contractor’s License for Gerdts Construction.

Commissioner Schmitt made a motion, seconded by Commissioner Collins, to approve the Consent Agenda as presented. Mayor Gernon asked that the Minutes be removed from the Consent Agenda. Motion was withdrawn.

Commissioner Schmitt made a motion, seconded by Commissioner Shamburg, to remove Item A, the minutes for the February 26, 2007 meeting, from the Consent Agenda. Motion carried. 5 ayes.

Commissioner Schmitt made a motion, seconded by Commissioner Gamble, to approve the minutes of the February 26, 2007 City Commission Meeting as presented. Motion carried. 4 ayes. 1 abstain. Mayor Gernon abstained.

Commissioner Shamburg made a motion, seconded by Commissioner Schmitt, to approve the remainder of the Consent Agenda as presented. Motion carried. 5 ayes.

3. Presentation of petitions, public comments, memorials.

There were no petitions, public comments, or memorials.

Old Business

4. Consider Authorizing the City Administrator to Complete and Sign Cooperative Agreement between Kansas State University Kansas Forest Service and the Hiawatha Fire Department.

City Administrator Ladner explained that she had contacted the Kansas Forest Service about the agreement that had been presented to the Commission two weeks ago. She said that the most recent agreement was signed on December 16, 2002, by Mayor Trant, rather than by Fire Chief Gary Shear. This agreement had allowed the City of Hiawatha to receive fire trucks and other equipment in the past. If the agreement is not completed, the Forest Service can take them away from us.

She has had the City Attorney approve the form.

Commissioner Schmitt made a motion, seconded by Commissioner Shamburg, to approve the City Administrator to complete and sign the agreement between the Kansas State Forest Service and the Hiawatha Fire Department. Motion carried. 5 ayes.

5. Consider Action on Additional Options for the Post Lantern Project.

Administrator Ladner said that as was discussed two weeks ago, but tabled until all the Commissioners could be present, there are a couple of options still to be determined in moving forward with the Post Lantern Project.

The expenses that have been authorized for this project so far are: Construction, $1,069,708; Pole Removal, $30,870; Fixtures, $164,255; Additional Fixtures, $4,940; and Inspection Svs., not to exceed $54,000, for a total authorized expense of $1,323,773.

The revenue from the bond, sales tax, and interest to date is $1,430,101.11.

Item #2, which is to refinish 15 poles that are scheduled for replacement fixtures would cost $16,620. Item #3, which is to replace bases in Item #2 area with new replica bases would cost of $7,575.

Item #4, which is to refinish 18 poles in the Demonstration Project to match the color of the new ones would cost $14,958.

Brian Kingsley was present to answer any questions the Commission had on these items.

Mayor Gernon asked if the contingency was included in all of these items. Administrator Ladner said that the contingency was included in the $1.43 million. There is over $100,000 left of that contingency.

Brian Kingsley summarized the requested action. He said Item #2 deals with the acorn fixtures in the northeast corner of town. We had specified to replace the fixtures and use the poles in their current condition. Upon looking at them, it was decided that the poles in the demo project were fading and the Committee had felt they needed to be refinished to match the rest of the project. These are the 15 poles that are mentioned in Item #2 and #3.

Administrator Ladner explained that the bases mentioned in Item #3 were different than the new ones, and the replacement was requested so that they would match the new ones. They would like to use those existing poles and bases elsewhere in the City. She explained that those bases were made with an access panel in the base. The historic bases and the new replica bases do not have the access panel in the base, because that fusing is in the fixture head. That is one of the reasons they were looking at replacing those bases with replica bases. She said that there were actually 23 additional bases with the access panel in the bases, which would give us almost 40 lights we could use between the Aquatic Center and Bruning Park, or at the City Lake as another lighting project.

Item #4 deals with refinishing the 18 poles in the Demonstration Project so that they would match the color of the new poles. The community may or may not notice a difference in the color of those poles across from the new poles at an intersection.

Rance Hixson asked about two double-headed acorn lights on First Street which do not match anything in Hiawatha. Kingsley said that those lights were to be removed anyway.

Kingsley explained that while we have a contractor mobilized would be the least expensive time to do the work on these poles and bases in Items #2 and #3.

Mike Lynch, Torgeson Electric, said that those 15 lights in Item #2 were in disrepair and should be replaced. He said that the bases were not uniform and didn’t have the same bolt pattern as the new ones. He said if they were going to replace the poles, they should replace the bases and the concrete bases as well. He said that they were not sure if the conduits are in the existing bases.

Commissioner Schmitt said that with the magnitude of this project, it would be the right thing to do to go ahead and spend the $40,000, which is only 3% of the original cost, to do the project right. She said that there is about $106,000 available, so there is enough funding unless they come up with something else.

Mike Lynch, Torgeson Electric, said that he did not anticipate anything else at this point.

Mayor Gernon said that the [Post Lantern] Committee had done a wonderful job in putting this project together and had been very cost conscious. He thought that the poles need to match and that it was a good idea to have the extra poles for other lighting projects.

Commissioner Gamble said that while he didn’t like spending the money, he thought that the poles should match in color. He thought that it would be a good idea to do them all at one time.

Mike Lynch suggested that if they were worried about the economics of the situation, they could wait on Item #4 for a few months to see how they look when the others are done. He said that while the 15 definitely need to be redone, the 18 [in the demo project] are in very good shape and are close in color. He said that when the others are up and if there is a lot of contrast in the color, the Commission could still vote on Item #4 in four months. He said that it would still be a part of this project contract. He said if they do that area first, then they would be able to see how much contrast there would be between the demo lights and the new project lighting. He said if nothing else, they could work Item #4 in at the end of the project as a change order.

Commissioner Schmitt made a motion, seconded by Commissioner Shamburg, to approve Item #2 to refinish the 15 poles at $16,620, and Item #3, to replace the bases of the 15 poles in Item #2 at $7575. Motion carried. 5 ayes.

6. Award Farm Bid to Highest Bidder on Hansbury Springs Property.

City Administrator Ladner told the Commission that at the recommendation of the City Attorney, the city put out for bid the farm property at Hansbury Springs. Two bids were received and were opened on March 2, 2007. The high bidder at $75 per acre was Russell Heineman and Jake Rieger. The other bidder was Donald Merchant at $35 per acre.

Commissioner Schmitt made a motion, seconded by Commissioner Gamble, to award the bid on the Hansbury Springs property to Russell Heineman and Jake Rieger at $75 per acre. Motion carried. 5 ayes.

7. Award Bid to Lowest Bidder on Installation of 325’ of Sewer Main at 412, 414, and 418 Miami St.

Administrator Ladner said that the bids were opened for the sewer main project on Friday, March 2, 2007. We had received four bids. Waser Plumbing bid the regular installation at $24,650 and a bid alternative, which allowed for a saw cut installation, at $16,462. Wagner Excavating bid a saw cut installation at $17,000, RB Plumbing bid a saw cut installation at $21,560, and Carlson Utility bid a saw cut installation at $22,500. Wagner, RB Pumbing and Carlson Utility were contacted to be sure they were bidding a saw cut installation because it was not noted on the bid form. The low bidder for this project was Waser Plumbing at $16,462. We are planning to move forward with the project on March 16th. All of these contractors are bonded. A saw cut installation means they will do an open trench. The biggest concern with the open trench was doing the project through the elementary school driveway and sidewalk. By starting the project on the 16th, there is no school at the elementary school that day and they will be able to start the project in the morning rather than waiting until after school.

Commissioner Schmitt made a motion, seconded by Commissioner Gamble, to award the bid for the 412, 414, and 418 Miami Street sewer project to Waser Plumbing in the amount of $16,462. Motion carried. 4 ayes. 1 abstain. Commissioner Shamburg abstained.

New Business

8. Consider Approval of Letter Certifying the Amount Due to the City from the Department of Administration.

City Administrator Ladner explained that the properties located in the Nachtigal subdivision are located in a redevelopment district which was established in 1996. Each year the City must submit to the State a letter and worksheets showing the value of the property and the compensation due to the City resulting from the reduced ad valorem property taxes. The worksheets for the properties have been completed by the County Clerk’s office for 2006.

Commissioner Shamburg made a motion, seconded by Commissioner Schmitt, to authorize the Mayor to sign the letter to the Kansas Department of Administration certifying the amount due to the City to compensate for the reduced ad valorem property taxes on the properties located in the Nachtigal subdivision. Motion carried. 5 ayes.

9. Consider Authorizing the City Administrator to let out to Bid for the Demolition and/or Removal and Salvage of the Structure Located at 1310 Iowa, Lot #1.

Administrator Ladner told the Commission that having held a public hearing concerning the structure located at 1310 Iowa Lot #1 for the abatement of the existing unsafe structure, the City now needs to move forward with the abatement process.

Commissioner Shamburg made a motion, seconded by Commissioner Gamble, to authorize the City Administrator to let out to bid for the demolition and/or removal and salvage of the structure at 1310 Iowa Street, Lot #1. Motion carried. 5 ayes.

10. Executive Session to Discuss Non-Elective Personnel.

Commissioner Shamburg made a motion at 6:25 p.m., seconded by Commissioner Gamble, to go to executive session for a period of ten minutes to discuss non-elective personnel. Motion carried. 5 ayes.

Commissioner Shamburg made a motion at 6:37 p.m., seconded by Commissioner Gamble, to return to regular session. Motion carried. 5 ayes.

Commissioner Shamburg made a motion at 6:39 p.m., seconded by Commissioner Gamble, to go to executive session for a period of ten minutes to discuss non-elective personnel, and to include Administrator Ladner. Motion carried. 5 ayes.

Commissioner Shamburg made a motion at 6:49 p.m., seconded by Commissioner Gamble, to return to regular session. Motion carried. 5 ayes.

11. Executive Session to Discuss Non-Elective Personnel.

Commissioner Schmitt made a motion, seconded by Commissioner Gamble, to go into executive session until 7:00 p.m. to discuss non-elective personnel, and to include Administrator Ladner. Motion carried. 5 ayes.

Commissioner Schmitt made a motion, seconded by Commissioner Gamble, to extend the executive session for a period of five more minutes. Motion carried. 5 ayes.

Commissioner Gamble made a motion, seconded by Commissioner Schmitt, to extend the executive session for a period of five more minutes. Motion carried. 5 ayes.

Commissioner Schmitt made a motion, seconded by Commissioner Gamble, to extend the executive session for a period of five more minutes. Motion carried. 5 ayes.

Commissioner Schmitt made a motion, seconded by Commissioner Shamburg, to return to regular session.

Commissioner Shamburg made a motion, seconded by Commissioner Schmitt, to continue with Blue Cross Blue Shield Insurance as we have had previously, that vision benefits be added through VSP, and that orthodontia coverage be added. Motion carried. 3 ayes. 2 nays. Commissioner Collins and Commissioner Gamble voted nay.

12. Lynne Ladner, City Administrator.

Administrator Ladner told the Commission that the contractor for the stop lights is coming to install the lights this week.

She also noted that Cunningham Associates have scheduled a site inspection for the Boundless Playground grant for March 14.

The replacement light poles for downtown should be here in approximately two weeks.

She asked the Commissioners to find a time in their schedules for a work session to review the CIP plan for the next ten years. March 26, 2007 after the meeting was decided upon.

13. Mayor Crosby Gernon.

Mayor Gernon asked for the status on the Property Maintenance Committee. Administrator Ladner replied that the final draft that they are recommending to the Commission has been sent to the City Attorney and to the League [of Municipalities] for their review. Then it will be brought to the Commission.

14. Com. William Collins.

15. Com. Curtis Gamble.

16. Com. Marianne Schmitt.

17. Com. Steffen Shamburg.

18. Adjourn.

Commissioner Shamburg made a motion, seconded by Commissioner Gamble, to adjourn. Motion carried. 5 ayes. The meeting adjourned at 7:26 p.m.