CITY OF
MINUTES SPECIAL COUNCIL MEETING MAY
17, 2006
MEMBERS PRESENT: Ira Allen, Bob Sisson, Larry Coursen, Mayor Jack Young.
OTHERS PRESENT: Carol Anno, Mike Fawl, Vic Robbins, Cheryl Brown, Jim Koger, Bob Call
Mayor Young called the special meeting to order at 7:00
PM. A quorum was present. Mayor Young stated that the purpose of this
special meeting is for the following reasons:
1. Discuss
waterline project billing with Carol Anno
2. Discuss
the bids for the sewer rehabilitation project with Vic Robbins
3. Discuss
utility services for new business with Mike Fawl
WATERLINE BILLING:
Carol Anno presented the final bill for D&D Excavating for the
waterline replacement project. The bill
for $20,048.86 included $18,250.00 for the asphalt on Maple and Market
Streets. Bob Sisson moved to pay the
bill as presented. Larry Coursen seconded; motion carried 3-0.
Carol Anno stated that this
has been one of the most frustrating jobs they’ve ever done. Part of the reason was due to them, part was
due to weather and part was due to the city/project manager. Anno was also upset about some of the remarks
in one of the local papers referring to them, and reported as quotes from Vic
Robbins. She said that the article was
different from what D&D had been told by Robbins in person. Anno was disappointed that the reporter was
not present. Anno suggested that someone
from the council work more closely with the project manager and engineer on the
sewer rehabilitation project. The mayor
said he would make sure the minutes reflected Anno’s
comments. Vic Robbins said that the
reporter admitted that both things he quoted Vic Robbins as saying were
wrong. Anno said that this was never
reflected in any of the following papers to her knowledge. Anno said that they were stopped several
times by Robbins after they were ready to start the project in February,
2005. Robbins said this was partly due
to KDHE’s not approving some of the different
phases. Anno said they would pick up
the check sometime Thursday afternoon.
SEWER REHAB BIDS: There was a brief discussion about
easements still needing to be signed.
Vic Robbins said there were two bids received.
Emerson Construction, Inc.
Joshua Excavating, LLC
Robbins said the low bid is
about 10% higher than he had hoped for.
He has gone through all the figures in the bid, and everything adds up
correctly. Robbins has reviewed the bidder’s
qualifications and the bid bond which appear to be in order. This bid does not include any boring. Joshua Excavating would require an additional
$335,000.00 to bore and replace the line on Jim Gates’ property to save the
tree discussed at the previous meeting.
Robbins said that this amount might be negotiable with the contractor,
but the council agreed that even half the amount would not be feasible. The mayor polled the council regarding some
kind of effort to save Gates’ tree. The
council agreed by concensus that they had pursued an
addendum to save the tree, which they have done. The bid from Emerson Construction, Inc to
bore the same length of line was about $51,000.00. Robbins recommends telling Gates that the
city will do whatever they can to save the tree, but make no guarantees.
Robbins said all the references listed by Joshua
Excavating were very good to excellent.
Robbins said he didn’t find any problems with the bid documets. The one
concern he has is the starting date given by Joshua Excavating which is August
15, 2006. Robbins has discussed this
with Donna Crawford and Joshua Hawkins, contractor. Crawford suggests that it should work if the
city awards the contract, issues the notice to proceed, and Hawkins orders the
material. Hawkins is concerned that the
days allowed in the contract will be too short.
Crawford said that a change order could be submitted after the
pre-construction meeting has been held.
The contract allows for 200 calendar days, but Hawkins projects
completing it in about half the time.
Weather could be a factor, but there are allowances for that. Robbins said that the city will probably
have to ask for an additional loan regardless of which bid is accepted, but
doesn’t have the exact amount until Patty Hylton can
present the latest balances.
Hawkins will subcontract the manhole rehab and the
re-seeding, but will do the rest of the project himself. Ira Allen asked if the manhole part of the
project could be started before August.
Robbins said he will check with Joshua Hawkins regarding this matter.
Larry Coursen made a motion,
seconded by Bob Sisson, to award the contract for the sanitary sewer
rehabilitation project to Joshua Excavating, Inc. with the condition that a
change order can be written to allow the starting date of August 15, 2006. Motion carried 3-0. Robbins will send the notice to proceed to
Joshua Excavating.
Robbins said that he’s talked to a resident regarding
concerns about how the project will affect her trees. Robbins has learned that the line being
replaced is not located where the tree is, but is having Michael Coffman check
into the original easement.
UTILITY ISSUES/F.A.R.
DEVELOPMENT: Mayor Young said that he’s
aware of a dispute over the property line between FAR and the city. He has not had a chance to review the legal
descriptions of either deed. The survey
done by the city puts the line about 16’ west of the road going to the city
lake. Mike Fawl
said that what FAR bought from Max Friesen is about 20’ east of that, and is
stated in the legal description prepared by Peimann
Title & Abstracts. Larry Coursen asked if the survey done by the city last year was
wrong. The mayor said it’s possible if
the wrong legal description was used.
This will have to be checked. The
mayor assumes the surveyor used the legal description from the county register
of deeds, but can’t be positive at this time.
Fawl said they bought the extra 20’ to have
access to the road. This was done about
3 years ago. The mayor said that he will
have to check with the company that did the survey. Bob Sisson asked exactly what the problem
will be regarding the road. Mayor Young
said that at one point, Fawl said he’d give the city
an easement if the city would blacktop it.
Fawl then stated that he would probably blacktop
it.
The next issue is a lift station that’s been discussed at previous meetings. Fawl said that he has not talked with Friesen regarding this matter. Ira Allen said that the city ordinance states the developer is responsible for buying the lift station. Mayor Young said that he’s told Friesen that the city would be willing to pay for engineering for the sizing of the lift station considering the city will be responsible for the maintenance, with the developer paying for the lift station. This would depend on a vote by the council. Sisson said that other developers have been responsible for the sewer and water, with the city bringing the services to the property line. The mayor said that Friesen wants to develop property to the east of the lake, and the mayor told him that he and Fawl should share the cost of a lift station to accomplish this. Ira Allen said he would be in favor of having an engineer study to determine the correct size of lift station. Vic Robbins said that there’s more to be done that just determine the size of lift station. He mentioned having a complete plan for sewer service for either this one facility or a more comprehensive plan to develop this whole area. Robbins doesn’t think the city should pay for any of it as the developer should have the engineering done, and the city could have someone review the plans to protect the interest of the city. Robbins said that it’s not clear as to what the city’s responsibility is where a service line is not readily accessible.
Mike Fawl said that he was at a council meeting about 3 years ago discussing this matter, so it’s nothing new. He said that they did some checking on state statutes when they bought the property, and it states that the city has to supply sewer to the property because of it’s being annexed in 1974. Fawl said he’s not concerned with Friesen’s development at this time. He doesn’t want to pay for more of a lift station that what’s needed for his property. Fawl would like to share the cost of a lift station 50-50 with the city rather than getting lawyers involved. Fawl said that ordinances are fine, but was the city’s ordinance published before or after the property became part of the city? Ira Allen prefers to discuss this with the full council before making any decision. Sisson said that ordinance or no ordinance, anyone else who developed an addition in Overbrook has paid for the sewer and water lines with the city bringing the service lines to their property, but have never paid for a lift station.
The mayor said that the city attorney recommends not issuing a building permit until all these details have been agreed upon by all parties. Sisson said that he’s agreeable to waiting until the next meeting in a week. The matter was tabled until May 24th. Fawl did make the comment that his attorney had told him that the city had entered into a contract with him when they accepted the fees for the building permit application and the new utility services. The clerk stated that this is part of the ordinance which regulates building permits, and that the money received can be refunded should it be necessary. Fawl wanted the council to understand that he’s willing to pay for half the total cost of the whole system to supply the sewer, not just half the lift station. Robbins said that the cost may be about the same for the city to provide the force main, and Fawl to pay for the lift station.
Ira Allen moved to adjourn at 8:25 PM. Bob Sisson seconded the motion; carried 3-0.
Respectfully submitted,
Cheryl L. Brown
City Clerk
APPROVED:05/24/06