November 2, 2009


7:00 P.M. Mayor Paslay brought the Lecompton City Council Meeting to order at 327 Elmore, Lecompton, KS. Council Members Mark Tunstall, Jimmy Wilkins, Christy Mallonee, Tim McNish and Jennifer Smith were present. The following were also present: City Clerk Sandy Nichols, City Superintendent Justin Van Winkle, City Attorney Lee Hendricks, Mike Emming with SKW and Patrick Gottstein with JCI. The following residents were present: Mr. & Mrs. Ron Ricley.

Mark Tunstall made a motion to approve the October 19, 2009 minutes with correction and the October 26 Special Meeting minutes. Christy Mallonee seconded the motion and the vote passed 5 yeas, 0 nays.

Mark made a motion to approve the bills before them with corrections to spelling of Phoenix Fabricators. Jimmy seconded the motion and the vote passed 5 yeas, 0 nays.

7:05 P.M. a motion was made to go into executive session regarding attorney client privilege discussion for 15 minutes. The motion was seconded and vote passed 5 yeas, 0 nays. The City Superintendent, City Clerk and City Attorney were requested to remain. 7:20 P.M. regular session resumed.

Mike Emming stated Midland would like an extension with substantial completion of Nov 8, 2009 moved to December 14, 2009. Final payment date in January 2010 would remain the same; substantial being a working product. The extension request is do to electrical issues, well pumps also part of the delay and wrong size wiring to pumps. Mike was asked what he believed the odds were that the plant would be running by December 14. Mike believes it is doable. Mike stated the transformer for the well was ordered today. Justin stated he had been told at 4 PM by Charlene and Dave Stanfield that the transformer had not been ordered; more information was needed. Lee asked Mike what are the concessions? Mike stated transformers & materials, more wiring, setting transformers, hook up correctly. Midland and their sub-contractors would be eating the labor costs. Concern was expressed by the council regarding the cost for the city purchasing water from RWD#3 and citizens wanting to know when the plant would be done. Liquidated damage cost of $750 for each day past set completion date was discussed. Justin stated the transformers would be two weeks out before delivery. Patchen’s would need five days to oxidize the wells and consideration would be necessary for Thanksgiving holidays. Lee asked Mike about the retainage fee amount. Mike stated there was a 5% retainage fee. Mike state the contractor’s reasoning for going beyond release of retainage funds, was the feeling they would be beyond substantial completion. Mike shared an email from Charlene with Midland Contractors explaining the reasoning for their request to release retainage funds. Mike explained there had been conversations with Square D as to who is responsible for cost excluding the client. Jennifer stated maybe the extension requested should not be approved. Jimmy stated he did not believe the project was at a substantial completion point to be dipping into retainage funds if it isn’t functioning by Dec. 14. Continue with the project, order equipment then decide who’s to pay. Mike stated there haven’t been discussions with Midland as to who is paying; there was one expense SKW picked up. Jimmy stated he had no interest in an extension; Square D is not getting materials. Lee has concerns to line 9, balances to finish including retainage, preserve the contract, and let work continue. Lee will talk with Midland’s attorney regarding payment request. Jimmy made a motion to deny the extension request. Tim seconded the motion and the vote passed 5 yeas, 0 nays. Jennifer made a motion to take Midland payment under advisement at the Nov. 16 meeting. Christy seconded the motion and the vote passed 5 yeas, 0 nays.
Mike shared KDHE on site inspection issues were being addressed. Vic with the Lawrence division of KDHE would be writing a letter stating there would not be a venting requirement at the new plant. Mark stated he believed there should be outside venting. Justin recommended council view new plant to know what was being discussed. Mike said he would be available for a walk through for members that were interested.
Tower main stem is up, ladder is up. Banks will be working this week.
There is to be continuation of the water plant project. Lee will discuss with Midland Attorney failure to pay.
Mike is researching the sewer line discharge at the lagoons; checking on property line; working with the railroad company – they want to see what we are proposing. Mike and Justin will get together regarding how this will be installed.

Patrick Gottstein was present to discuss insurance for the new water plant. He estimates a $4000 increase in insurance for the new water plant. He will stay in touch. He would also like to have specks for the new water tower.

Justin hit a deer about a month ago. Approximately $2100 damage was done to the truck.

Ron Ricley was present to discuss a letter he received regarding asphalt being placed in a ditch along the street in front of his home. Mr. Ricley stated he had put asphalt in the ditch he was responsible for. The ditch was about a foot deep where run off from the school was happening. He placed the asphalt in the ditch to help prevent someone stepping in the ditch and being injured. Jimmy stated he had seen the asphalt and did not realize it was placed there to solve a problem. Justin will meet with Mr. Ricley to look at the ditch.

After discussion Jimmy made a motion to accept a building permit for a shed at Brenda Mullins location provided estimated set back feet are added. Tim seconded the motion and the vote passed 5 yeas, 0 nays.

Planning Commission discussion is tabled until the Nov. 19 meeting.

After reading and discussing water rate ordinance #798 Christy made a motion to approve the ordinance. Tim seconded the motion and the vote passed 5 yeas, 0 nays.

After reading and discussing trash ordinance #799 Christy made a motion to approve the ordinance. Jimmy seconded the motion and the vote passed 5 yeas, 0 nays.

There was discussion regarding spending and use of part time help.

Jenny asked if there would be anything salvageable at the old water plant. Linwood has a similar plant and might be interested in anything salvageable. Offer was made for Linwood to see if there is anything there they are interested in.

Justin will be repairing 7th Street after Banks Construction has cut across to the water line. There will be sand and clean rock used for the back fill.

Stauffer property: A letter had been received from Joe Stauffer’s son, Dennis Stauffer, request future contact regarding the property be made to him. The property will be cleaned up within two weeks. Mark spoke with Joe Stauffer and Dennis Stauffer. Mark agreed future contact should be made with Dennis Stauffer. Mark also recommended 30 days be approved for the clean up if necessary. The council would like to a copy of the power of attorney on file.

A report had been received of trapping cats and destroying them. The only location know was somewhere in the trailer court. There was no additional information. Do to lack of additional information; the council will not take action at this time.

An insurance check was received for clean up of Carl Bahnmaier property if necessary. The money is to be put in an “Insurance Proceed Fund” until needed for clean up by the city or given to the property owner when he had completed clean up.
Janes cleanup is to be added to the Nov. 16th agenda.
9:04 P.M. Jennifer made a motion to adjourn. Jimmy seconded the motion and the vote passed 5 yeas, 0 nays.
Sandy Nichols, City Clerk