City of Atchison, Kansas
Transcription
City of Atchison, Kansas
January 7, 2013 City Commission Agenda Packet CITY OF ATCHISON ______________________________________________________________ MEETING OF THE CITY COMMISSION AGENDA - REGULAR MEETING JANUARY 7, 2013, 4:30 P.M. COMMISSION CHAMBERS ATCHISON CITY HALL ORDER OF BUSINESS CALL MEETING TO ORDER INVOCATION Pastor Lee Hendon, First Christian Church. PLEDGE OF ALLEGIANCE PROCLAMATIONS PUBLIC FORUM _________________________________________________________________________ NEW BUSINESS A. APPOINTMENT TO AIRPORT ADVISORY BOARD Presented by: Mayor Allen Reavis. RECOMMENDED ACTION: Appoint Kyle McElwain to serve a three-year term on the Airport Advisory Board to expire on 12/31/15. B. ATCHISON HOUSING AUTHORITY PILOT PROGRAM Presented by: Sherry Swendson, Atchison Housing Authority Director. RECOMMENDED ACTION: Receive and File. C. 2013 LEGISLATIVE POLICY AGENDA Presented by: Trey Cocking, City Manager. RECOMMENDED ACTION: Adopt the 2013 Legislative Policy Agenda as presented. D. ANNUAL CONTRACT BIDS FOR 2013 Presented by: Gary Heer, Public Works Director. RECOMMENDED ACTION: Approve the attached bids. COMMUNICATIONS Presented by Trey Cocking, City Manager. a. December Nuisance Notices – Community Development Office. b. Atchison County-Wide Summit Meeting Thursday, January 10, 2013. c. Atchison County Official Notice Special Assessment – Solid Waste Fee. d. Allegiance Communications 2013 Cable Television Rate Increase. RECOMMENDED ACTION: Receive and file communications. 1 January 7, 2013 City Commission Agenda Packet CONSENT AGENDA Presented by Trey Cocking, City Manager. a. Approve the minutes from the Atchison City Commission meeting of December 17, 2012. b. Approve the 2013 Contract for City Attorney J David Farris. c. Approve the 2013 Contract for Municipal Judge Patrick Henderson. RECOMMENDED ACTION: Approve consent agenda as presented. INFORMATIONAL ITEMS 1. Next City Commission meeting will be Tuesday, January 22, 2013. GOVERNING BODY COMMENTS Mayor Allen Reavis Vice Mayor Dave Butler Commissioner Larry Purcell Commissioner Rita Hartman Commissioner Jack Bower PUBLIC FORUM EXECUTIVE SESSION ADJOURNMENT 2 January 7, 2013 City Commission Agenda Packet 3 January 7, 2013 City Commission Agenda Packet Commission Action Report Title: Proposed Agenda Date: 2013 Legislative Policy Agenda Presented by: Trey Cocking, City Manager January 7, 2013 BACKGROUND: As a key constituent group, the City should stay current on legislative issues and give input to state and federal legislators on policies and proposals that affect the City organization. The City’s legislative policy promotes good legislative relations by: o Maintaining strong relationships with state and federal legislative representatives; o Tracking legislative issues throughout the session and during interim activities; o Partnering with other organizations to identify issues and support legislative action; o Adopting a legislative policy agenda that guides our legislators on key issues. The legislative policy agenda should highlight a couple of top issues and affirm the City’s partnership with the League of Kansas Municipalities, whose mission is to unify, strengthen, and advocate for the interests of Kansas municipalities, allowing city staff to track legislation and communicate with legislators. Although the agenda has numerous policy points, the 2013 agenda highlights actively protecting Home Rule principals, protecting the ability of Governing Body members to make decisions that affect Atchison, and encouraging the State to repurpose the former JJA facility in Atchison. FINANCIAL CONSIDERATIONS: None LEGAL CONSIDERATIONS: It is within the City’s home rule powers to advocate for its best regulatory interests. POLICY CONSIDERATION: Adopting the proposed policy sets the legislative priorities that the City would like its representatives to focus on in the 2013 session and strengthens the communications between city leaders and its legislative delegation. RECOMMENDED ACTION: Adopt the 2013 Legislative Policy Agenda as presented. 1 4 January 7, 2013 City Commission Agenda Packet 2013 Legislative Policy From Left: Governor Sam Brownback, City Manager Trey Cocking, Representative Lynn Jenkins Senator Pat Roberts City of Atchison 515 Kansas Avenue ~ Atchison, KS 66002 Phone: (913) 367-5500 ~ Fax: (913) 367-3654 www.cityofatchison.com 5 January 7, 2013 City Commission Agenda Packet About the City of Atchison Beautiful, historic Atchison is located in Atchison County, Kansas, about 45 minutes northwest of the Kansas City metro and 45 minutes northeast of the capitol city of Topeka. Incorporated in 1858, Atchison is known for its riverside vistas alongside the Missouri River, its grand historic homes, and tree-lined brick streets. Atchison is a magnet for shopping and dining day trippers as well as festival-goers to its annual celebrations. Offering premier private and public schools, Atchison is also home to Benedictine College and Highland Community College Technical Center. With a population of over 10,000, Atchison is a community rooted in history and tradition, making strong strides into the future with a strong manufacturing and industrial sector, homegrown financial institutions, and state-of-the-art medical facilities. As the birthplace of Amelia Earhart, one of our state’s – and nation’s – most revered role models, Atchison is a community that inspires, charms, and embraces all who call it their home or destination. City Commissioners Allen Reavis, Mayor Dave Butler, Vice Mayor Larry Purcell Rita Hartman Jack Bower City Officials Trey Cocking, City Manager \ trec@cityofatchison.com J. David Farris, City Attorney \ jdflaw@sbcglobal.com Becky Anderson, Finance Director\Assistant City Manager\ beckys@cityofatchison.com Deb Clem, City Clerk \ debc@cityofatchison.com Senior Staff Lori Moore, Human Resources Director \ lorim@cityofatchison.com Mike Wilson, Police Chief \ michael.wilson@atchisonlec.org Mike McDermed, Fire Chief \ mikem@cityofatchison.com Gary Heer, Public Works Director \ garyh@cityofatchison.com Mike Mathews, Utilities Director \ mikemathews@cityofatchison.com Stefanie Leif, Community Development Director \ stefaniel@cityofatchison.com Dave Mahoney, City Engineer \ davidm@cityofatchison.com City of Atchison ~ www.cityofatchison.com ~ (913) 367‐5500 6 January 7, 2013 City Commission Agenda Packet 2013 Legislative Priorities SUMMARY POSITION The 2013 legislative goals for the City of Atchison seek to preserve both the funding and values that are essential to local governance. These goals ensure that services to Atchison citizens remain intact, especially as it concerns state funding issues. The following legislative agenda identifies these and other core areas of legislative importance to the City of Atchison as well as specific items the City is asking our representatives to address this session. ACTIONITEMS 1. Encourage the State of Kansas to repurpose the former Atchison Juvenile Correctional facility to another state use that is practical for the property. If the State decides not to repurpose the facility, the City urges the State to find a use for the property that aids in the economic development of the region. In addition, the City strongly encourages the State of Kansas to address environmental and maintenance concerns with the facility, and take the appropriate steps to be good stewards of the facility. The City strongly encourages the State not to sell the property to the highest bidder without regards to redevelopment; however time is of the essence. 2. Local tax and revenue decisions are a foundation of local democracy. Consistent with Home Rule principles, we oppose any limitation on the ability of locally elected officials to make those decisions. 3. We oppose change to the sales or property taxes that would result in a higher tax burden on homeowners. 4. We support the statutory requirement that a portion of the monies received from state-sponsored gaming in Kansas be used for property tax reduction. 5. Because cities play a crucial role in effective emergency management, we request that the Adjutant General and the State of Kansas review the role of cities in the state emergency management plan 6. The City supports a methodical approach to the preservation or modification of the KPERS system, one that protects both the Employees and Citizens. The City supports a plan that protects citizens from large tax burdens, but allows the city effectively recruit and retain the best employees. City of Atchison ~ www.cityofatchison.com ~ (913) 367‐5500 7 January 7, 2013 City Commission Agenda Packet OTHERKEYLOCALISSUES Beginning in 2011, the State of Kansas eliminated its dam inspection staff while continuing to mandate that local property owners like the City of Atchison and the White Clay/Brewery Creek Watershed Authority maintain inspections, forcing locals to pick up the tab for private dam inspections. By driving the cost onto the locals for private dam inspection services, the State of Kansas created an unfunded mandate that will impact Atchison taxpayers by $22,500 over the next four years (25 dams at $900/dam). As the state continues to alleviate its own fiscal distress, doing so by off-loading responsibilities – and the costs tied to them – onto local governments only succeeds in ratcheting the stress on small municipal governments and transferring taxpayers’ frustrations onto city hall instead of the capitol steps. We ask that our elected representatives stand in the gap on issues that would unjustly transfer the state’s tough fiscal decisions onto the steps of city hall. City of Atchison ~ www.cityofatchison.com ~ (913) 367‐5500 8 January 7, 2013 City Commission Agenda Packet Policy Statement The City of Atchison adopts the following as policy statements of the organization. Home Rule The City of Atchison supports the constitutional home rule authority of Kansas cities. Self governance by locally elected officials must be preserved in order to ensure that local issues and problems are handled at the level of government closest to the citizens that they represent. Annexation. The ability of cities to grow is inherent to the ultimate success of annexation powers as they are currently established in state statute. The current statutory framework was amended in 2011 to balance the interests of cities and those in areas to be annexed. Further amendment would shift this balance in a way that would impede orderly growth. Therefore, we oppose any change which limits the authority of cities to grow through annexation. EminentDomain. Eminent domain is a fundamental municipal power. The authority to acquire property through condemnation proceedings is critical for public improvement projects. Further, the use of eminent domain for economic development has long been recognized as a public use of this authority. We support increased flexibility for local governments to use eminent domain for economic development purposes, including blight remediation, without seeking legislative approval. InterlocalCooperation. We support the principle of voluntary cooperation among all levels of government. GovernmentalImmunity. We support continued immunity for cities from tort liability. PolicePowers. We oppose “takings” legislation that would restrict the authority of cities to regulate in order to protect the health, safety, and welfare of the public. PublicProperty&Rights‐of‐Way. We oppose any legislation which would restrict the ability of cities to control and manage public property and rights-of-way or the ability of cities to franchise those entities that utilize the rights-of-way. Consolidation. We oppose any statutory barriers to local consolidation. We further believe that the issue of consolidation is an inherently local one and that the voters should be allowed to determine whether consolidation with another unit of government occurs. City of Atchison ~ www.cityofatchison.com ~ (913) 367‐5500 9 January 7, 2013 City Commission Agenda Packet Municipal Finance An adequate source of revenue is necessary in order to fund the essential services of city government. Because each city is unique in both services provided and the ability to pay for such services, maximum flexibility should be granted to local governing bodies to determine the amount and source of funding for city services. • • • • • • • • • KansasTaxSystem. Cities are important partners in creating jobs, reviving the economy, delivering vital services, and providing quality of life. The Governor and Kansas Legislature should include city leaders in discussions about restructuring the Kansas tax system and any changes must avoid shifting additional financial burdens to local governments. Tax/SpendingLid. We oppose any state-imposed limits on the taxing and spending authority of cities. We believe that local spending and taxing decisions are best left to locally elected officials and the citizens they serve. City‐CountyHighwayFund. The City-County Highway Fund is essential to maintaining local roads and should be fully funded in order to support the critical infrastructure of our communities. AlcoholicLiquorTaxes. We support the current statutory framework with regard to the collection and distribution of alcoholic liquor taxes. PropertyValuation. In order to maintain fair and equal taxation, we support appraisals based on fair market value. We oppose caps in property valuations as unconstitutional and inequitable. LAVTR. The State Legislature should help to relieve the burden on property taxpayers by reinstating the Local Ad Valorem Tax Reduction (LAVTR) program. This should include keeping the promises made with reference to the machinery and equipment mitigation legislation, future gaming revenues, and the existing statutory formula. RevenueSharing. The State Legislature should reinstate existing revenue sharing programs. In the event that the State is unable to fully fund these, the Legislature should authorize cities to impose alternative revenue sources in order to maintain appropriate levels of funding for the health, safety, and welfare of our citizens. AlternativeRevenueSources. Locally elected officials and the citizens they represent should be granted the authority to impose local-option taxes, including exactions such as an income tax, earnings tax, excise tax, and gasoline tax. Existing state preemption of local-option taxes should be removed. UnfundedMandates. We oppose unfunded mandates. If the state or federal governments seek to promote particular policy objectives, such mandates should be accompanied by an appropriate level of funding. City of Atchison ~ www.cityofatchison.com ~ (913) 367‐5500 10 January 7, 2013 City Commission Agenda Packet • • • • • • • • • • MunicipalBonds. We support the removal or modification of overly burdensome and costly restrictions affecting the issuance of municipal bonds. Further, we support the continued tax-exempt status for municipal bonds. StreamlinedSalesTax. We urge Congress to take action as soon as practicable to pave the way for mandatory collection of sales and use taxes on remote sales. Any federal tax legislation should not preempt state and local sales and use tax authority. Kansas should continue to participate in the Streamlined Sales Tax Project. TelecommunicationsTaxes. We categorically oppose restrictions on the ability of cities to impose and collect taxes and fees on telecommunications providers. LocalSalesTaxes. We support the existing statutory authority for all cities to impose local sales taxes and seat taxes and the existing statutory distribution for all sales taxes. SalesTaxExemptions. Given the current and future budget challenges facing both state and local governments, we oppose the continued erosion of the state and local sales tax base. PropertyTaxExemptions. We believe that the existing property tax base should be protected, and therefore, encourage the Legislature to resist any proposal to further exempt any specific property classification from taxation. The Legislature should actively review existing exemptions in order to determine whether the exemptions are still appropriate or should be repealed. IndependentLivingUnits. We recommend amendment and clarification of the state law with regard to independent living units which are operated by not-forprofit entities. As a matter of tax equity and fairness, we support the inclusion of independent living units as taxable properties. BankingandInvestmentRestrictions. We support maximum banking and investment choices for local government. At a minimum, cities, counties, and school districts should have the same banking and investment authority that the State has granted to itself. BudgetTiming. We support increased flexibility regarding the statutory requirements for filing city budgets. MunicipalCourtDebt. We support a legislative solution that facilitates more effective collection of unpaid municipal court debts. City of Atchison ~ www.cityofatchison.com ~ (913) 367‐5500 11 January 7, 2013 City Commission Agenda Packet Transportation The transportation infrastructure in Kansas is critical to the safety of our citizens as well as the economy of this state. The State of Kansas should cooperate with local governments to help ensure the continued maintenance and expansion of this important asset. ComprehensiveTransportationProgram. We support the continued funding of the Kansas T-Works comprehensive transportation program. We oppose any further use of these funds to balance the State’s general fund budget. Any reduction in T-Works funding would jeopardize existing programs. City‐CountyHighwayFund. The City-County Highway Fund is critical to maintaining local roads and should not be diverted for other purposes. TransportationSafety. The State should work in cooperation with local governments to continue to provide safe roads and bridges within the state of Kansas. DevelopmentInfrastructure. Because transportation infrastructure is critical to the community development activities of cities, we support the continued maintenance and expansion of the transportation infrastructure in the state of Kansas. AirportFunding. We support the continued use of state economic development dollars (EDIF funds) to enhance airport facilities and services. TransportationDevelopmentDistricts. We support the continued ability of cities to establish transportation development districts in order to provide for the transportation infrastructure needs in the community. RecreationalTrails. We support the development of recreational trails, including rails to trails projects, and oppose state and federal legislation that would make such development more burdensome or costly. ConnectingLinks. The State should increase KDOT’s funding for connecting link programs to contract with cities to provide for the maintenance of state highways within city limits. CooperationwithKDOT. We support the continued efforts of the Kansas Department of Transportation to work with cities on cooperative programs including the transportation revolving loan fund and various economic development projects. EnhancedRailService. We support enhanced passenger and freight rail service in Kansas. City of Atchison ~ www.cityofatchison.com ~ (913) 367‐5500 12 January 7, 2013 City Commission Agenda Packet Public Employees City employees are the foundation of effective city government. City governing bodies must have the authority to develop local personnel policies in order to attract and maintain a high quality public workforce. PEERA/CollectiveBargaining. We support the current statutory process in the Public Employer-Employees Relations Act. We oppose any federal or state mandate which would require collective bargaining at the local level. KPERS/KP&F. We support a framework that is fair to both the Citizens of Atchison and the City’s employees. The local KPERS system should remain separate from the state and school retirement system, and cities should be given the opportunity to opt-out of any new KPERS plan. Changes to the KPERS/KP&F system should consider the impact on cities’ ability to hire and retain excellent employees. PersonnelMandates. We oppose state and federal mandates involving public personnel. WorkersCompensation. We support reasonable and just benefits for employees injured within the course and scope of their public employment, and effective enforcement of the workers compensation act to eliminate payment of unjustified benefits. PrevailingWage. We oppose federal and state prevailing wage mandates. HealthCare&OtherBenefits. We support cooperation and active study of ways to relieve the financial burden of securing employee health care coverage, including the continued option for cities to participate in the state health care program. City of Atchison ~ www.cityofatchison.com ~ (913) 367‐5500 13 January 7, 2013 City Commission Agenda Packet Public Health and Safety Cities play a critical role in the protection of the health and safety of the citizens of Kansas. Because mandated programs are more costly and less efficient, government at all levels should cooperate in the development of health and safety programs. LawEnforcementandPublicSafety. We believe that cooperative efforts, rather than mandated requirements, are vital to the efficient and effective development of local law enforcement and public safety programs. Emergency911Services. Cities and counties should maintain local control of the 911 system and the 911 tax should continue to include both wireline and wireless communications. EmergencyManagement. We request that the Adjutant General and the State of Kansas review the role of cities in the state emergency management plan. Because cities play a crucial role in effective emergency management, implementation strategies must promote cooperative efforts between federal, state, and local governments. Alcohol&CMBRegulation. We support the authority of cities to license and regulate alcoholic liquor and cereal malt beverage retailers and establishments. MunicipalCourts. We support the local control of and judicial authority of municipal courts and the appointment of municipal judges. Firearms. We support the continued local regulation of firearms. HomelandSecurity. First responders at the local level serve as the frontline defense in the prevention and response to terrorism and other security risks. Local governments should be granted maximum flexibility and discretion over implementation of monies and strategies regarding homeland security. TelecommunicationsData. We support the ability of public safety officials to access data from telecommunications companies in times of emergencies to assist investigations. RICOTools. We support legislation to allow the use of law enforcement tools similar to the federal Racketeer Influence and Corrupt Organizations (RICO) Act in order to allow communities to utilize these procedures to combat repeat offender. City of Atchison ~ www.cityofatchison.com ~ (913) 367‐5500 14 January 7, 2013 City Commission Agenda Packet Municipal Utilities Cities operate a variety of utility services that impact and improve the day to-day lives of Kansans. Locally elected officials should maintain the greatest measure of selfdetermination in the operation of these vital city functions. • • • • • • Mandates. We oppose federal and state mandates regulating the operation of municipal gas, water, electric, sewer, telecommunications, solid waste, stormwater utilities, or other utility services. Any mandates which are passed down to cities should not be imposed without a cost/benefit analysis and should be accompanied by appropriate funding. In addition, regulations should provide for a reasonable implementation schedule. FlexibilityinFunding. We support the authority of local governing bodies to make decisions concerning the financing of local utilities. PowerAggregation. We support the right of cities to act as power aggregators on behalf of their citizens. FranchiseAuthority. We oppose any legislation that restricts the current franchise authority for cities. MunicipalOperation. We oppose any legislation that restricts the ability of cities to operate municipal gas, water, electric, sewer, telecommunications, solid waste, stormwater, or other utility services. One‐Call. We support the development of a state one-call system that recognizes the diversity of cities in Kansas and provides reasonable options for cities of different sizes. City of Atchison ~ www.cityofatchison.com ~ (913) 367‐5500 15 January 7, 2013 City Commission Agenda Packet Community Development Cities are an important part of the economic backbone of Kansas. The development and redevelopment of commercial centers, residential communities, public facilities, and industrial areas is necessary to the sustained growth and stability of the Kansas economy. • • • • • • • EconomicDevelopmentPartnerships. State and regional partnerships are vital to the sustained growth of the state and should be supported by policy and with adequate funding. TaxAbatements. We support the authority of cities to offer tax abatements to encourage business investment in their communities. TaxIncrementFinancing(TIF). We support the continued use of TIF in order to promote economic development. TIF laws should allow maximum flexibility and allow for efficient use by cities regardless of size. RevitalizationTools. We support the continued use of the Neighborhood Revitalization Act, the Downtown Redevelopment Act, and the Community Improvement District Act in order to promote local neighborhood development. Tourism. We support cooperative ventures between the state and local government in Kansas to promote tourism as an industry which is vital to growth and development all across the state. The State of Kansas should commit more resources to the promotion of tourism. STARBonds. We support the ability of cities to utilize STAR bonds in order to promote economic development in their communities. Energy‐RelatedManufacturing. We encourage the State to work with cities to actively pursue manufacturing operations for wind, biomass, solar, and other energy-related industries in Kansas. City of Atchison ~ www.cityofatchison.com ~ (913) 367‐5500 16 January 7, 2013 City Commission Agenda Packet Water and Environment Effective management of natural resources to protect and preserve the ability of local government to meet public needs is vital for the future of Kansas and its communities. State and federal environmental regulations should be based on sound science and technology and should not be imposed without a cost/ benefit analysis. WaterQuality. We support a clean and safe public water supply and the protection of public health and aquatic life. We endorse cooperative solutions to water quality challenges which address both point and non-point source pollution. WaterQuantity. Government at all levels should be proactive regarding the conservation and protection of current and future municipal water supplies. We support efforts to extend the life of reservoirs and to expand reservoir storage for use by municipal water suppliers. WaterPlanning. We support a reevaluation of current state water policy including increased municipal representation on the Kansas Water Authority; revenue sources and distribution for the state water plan fund; and, the process for adopting the annual state water plan fund budget. InfrastructureFunding. We support increased federal and state funding to assist local communities with their water, wastewater, stormwater, levee, and dam infrastructure and associated security needs. StormwaterManagement. We endorse regional and cooperative solutions to stormwater quality and quantity challenges which address both point and nonpoint source pollution. SolidWaste. The home rule powers of cities to dispose of and manage municipal solid waste should not be restricted. We oppose any legislation which would declare changes in private solid waste providers to be a taking. Recycling. We encourage the State to assist in developing programs to make recycling a cost-effective option for communities and their citizens. HazardousWaste. We support a comprehensive state-local approach to provide assistance in identifying hazardous wastes and to develop programs to monitor and dispose of such wastes. CleanAir. We support air quality controls which protect the health and safety of Kansans while allowing for orderly economic development and balancing municipal cost concerns. City of Atchison ~ www.cityofatchison.com ~ (913) 367‐5500 17 January 7, 2013 City Commission Agenda Packet Governmental Ethics Elected and appointed city officials are committed to open and honest government. Cities should maintain the authority to supplement state law requirements with local policies concerning open government and ethics. • • • • OpenMeetings. All levels of government should be subject to the same open meetings requirements. These laws should not be unduly burdensome. OpenRecords. All levels of government should be subject to the same open records requirements. State laws governing open records should balance the public’s right of access with the necessity of protecting the privacy of individual citizens and the ability of public agencies to conduct their essential business functions. The statutorily required sunset for all exemptions to the Kansas Open Records Act is impractical and should be removed. LocalEthicsPolicies. We support the establishment of local ethics policies by locally elected officials. We oppose legislation that restricts the ability of city governing bodies to adopt local ethics policies for elected and appointed city officials. IntergovernmentalDialogue. Communication between all levels of government is critical to the successful delivery of public services to the citizens of Kansas. Representatives from cities provide facts and information that are crucial to intergovernmental relations, and as such, should have the same rights and responsibilities as private interest lobbyists. We oppose any restriction on the use of state and local public moneys to provide information and lobby on behalf of our cities and citizen Energy Cities are both consumers and producers of energy. The development of energy policy at both the state and federal levels should include significant input from city officials and should provide a balanced approach to these complex issues. StatewideEnergyPolicy. We support the immediate development of a coordinated and comprehensive energy policy developed with strong input from cities. We encourage the state to adopt legislation providing the mechanism and staff support for the development of such policy. Transmission. We encourage the State to make it a priority to support the efforts of the Southwest Power Pool and the Kansas Electric Transmission Authority to develop new and enhance existing transmission infrastructure. EnergyEfficiency. We support public and private incentives to encourage energy efficiency by local governments and citizens. We support the promotion of energy efficiency in local government and municipal utilities operations through programs which recognize the diversity of utility structures serving local governments. City of Atchison ~ www.cityofatchison.com ~ (913) 367‐5500 18 January 7, 2013 City Commission Agenda Packet Commission Action Report Title: Annual Contract Bids for 2013 Proposed Agenda Date: January 7, 2013 Presented by: Gary Heer, Director of Public Works BACKGROUND: In an effort to reduce repetitive, administrative activities and to improve efficiency of operations, the City chooses to do a single, annual bid for frequently used products and services. The City invites vendors to bid on: Electrical Installations & Repairs, HVAC Installations & Repair, Plumbing Installations & Repair, Amelia Earhart Festival Electrical Support, Equipment Rentals, and Aggregate Sales. FINANCIAL CONSIDERATIONS: The following tables provide bid details for each vendor by category. “>” indicates low bid. City staff requires additional time to evaluate the bids for Electrical Installations & Repairs and plans to make a recommendation at the January 22nd City Commission meeting. 2013 ANNUAL CONTRACT BIDS HOURLY RATE ($) VENDOR PLUMBING INSTALLATIONS & REPAIRS >Hays Heating & Cooling Dunn Heating & Cooling 2012 ‐ Hays Heating & Cooling AE FESTIVAL ‐ ELECTRICAL SUPPORT >Betts Electric 2012 ‐ Betts Electric RESPONSE TIME (min) >Tate Plumbing 2012 ‐ Tate Plumbing HVAC INSTALLATIONS & REPAIRS OVERTIME HOURLY RATE ($) 45.00 45.00 45.00 45.00 MATERIALS PRICE MARKUP (%) 20 20 25 25 60.00 55.00 70.00 60 60 120 10 15 10 45.00 45.00 67.50 67.50 30 30 20 20 ORANGE = 2012 Contractor Details 19 *Sole bidder; no change from 2012 30.00 28.50 35.00 NOTES *Low Bid; SEE POLICY CONSIDERATIONS *Sole bidder; no change from 2012 January 7, 2013 City Commission Agenda Packet Equipment Rentals: Bids were received from Marlatt Construction and Kearney Construction. Marlatt Construction was awarded the bid in 2012. City staff recommends awarding the bid to Marlatt Construction. Marlatt Construction submitted prices for 27 pieces of equipment, offering multiple choices for 9 of the 15 various categories listed. One category was left blank. Kearney Construction submitted prices for 8 pieces of equipment, offering multiple choices for 1 of the 15 various categories listed. Eight categories were left blank including the one left blank by Marlatt Construction. Bid prices for similar size and type equipment are comparable. Aggregate Sales: Gary Servaes Enterprises was the sole bidder. No bids were received in 2012 for Aggregate Sales. HVAC Installations & Repair: Because the two HVAC bids came in with one vendor lower on hourly fees but higher on price markup, it was not immediately apparent who the low bidder was. City staff totaled the HVAC invoices from 2012 and differentiated labor and materials. The total amount of hours and the pre‐markup price for materials were determined. The bids from Hays and Dunn were then applied to the resulting formula. In that 20% labor to 80% materials scenario, Hays Heating and Cooling’s bid resulted in the lowest theoretical cost. LEGAL CONSIDERATIONS: Bids were obtained according to established City policies. POLICY CONSIDERATION: Ensure a competitive process for public bids. RECOMMENDED ACTION: Award contracts to the bidders indicated with contracts expiring December 31, 2013. o AE Festival Electrical Support ‐Betts Electric o HVAC Installations & Repairs ‐Hays Heating and Cooling o Plumbing Installations & Repairs ‐Tate Plumbing o Aggregate Sales ‐Servaes Quarry o Equipment Rentals ‐Marlatt Construction 20 January 7, 2013 City Commission Agenda Packet Date Inv # Description 11/21/2012 1156 Recover refrigerant for 6 window a/c units 10/29/2012 120 Boiler inspection 08/16/2012 16 AHCC freon 10/15/2012 97 Depot work‐ filters/drive belt 08/22/2012 21 Warnock Lake House 01/06/2012 14 Warnock Lake house‐ heater/Depot thermostat 07/25/2012 330 Depot service call 07/19/2012 324 install ice machine 07/12/2012 314 Install a/c at City Hall 06/30/2012 287 AHCC emergency repair‐ shorted system 06/27/2012 281 AHCC freon 06/22/2012 267 Fire Dept freon 06/22/2012 266 Warnock freon/ 50/5 mfd capacitor 05/23/2012 217 Depot filters/cleaning 05/20/2012 215 Depot thermostat 06/06/2012 05/15/2012 05/20/2012 05/20/2012 05/20/2012 04/26/2012 03/19/2012 02/29/2012 02/02/2012 02/06/2012 01/20/2012 241 192 213 209 207 146 97 85 55 62 34 WWTP new a/c Fire Dept freon Fire Dept replace a/c shut down boiler Project Concern filters Police ‐ a/c service a/c check for finance Fire dept replace motor on furnace WTP heat service call Drained boiler and added chemicals Project Concern filters Labor Parts Total $ 210.00 $ 388.00 $ 598.00 630.00 444.00 1,074.00 210.00 1,334.00 1,544.00 105.00 124.00 229.00 70.00 263.25 333.25 210.00 1,300.57 1,510.57 35.00 ‐ 35.00 140.00 4,050.00 4,190.00 720.00 3,140.00 3,860.00 105.00 345.00 450.00 140.00 1,150.00 1,290.00 87.50 48.00 135.50 35.00 94.00 129.00 140.00 122.00 262.00 105.00 450.00 555.00 1,975.00 105.00 720.00 35.00 105.00 87.50 35.00 122.50 70.00 35.00 105.00 $ 6,337.50 26% 21 220.00 2,250.00 ‐ 199.46 371.00 ‐ 1,285.00 ‐ ‐ 365.00 17,943.28 74% invoice not broken down by 1,975.00 labor/materials 325.00 2,970.00 35.00 304.46 458.50 35.00 1,407.50 70.00 35.00 470.00 24,280.78 100% January 7, 2013 City Commission Agenda Packet 22 January 7, 2013 City Commission Agenda Packet 23 January 7, 2013 City Commission Agenda Packet 24 January 7, 2013 City Commission Agenda Packet 25 January 7, 2013 City Commission Agenda Packet 26 January 7, 2013 City Commission Agenda Packet 27 January 7, 2013 City Commission Agenda Packet 28 January 7, 2013 City Commission Agenda Packet 29 January 7, 2013 City Commission Agenda Packet 30 January 7, 2013 City Commission Agenda Packet 31 January 7, 2013 City Commission Agenda Packet 32 January 7, 2013 City Commission Agenda Packet 33 January 7, 2013 City Commission Agenda Packet 34 January 7, 2013 City Commission Agenda Packet 35 January 7, 2013 City Commission Agenda Packet 36 January 7, 2013 City Commission Agenda Packet 37 January 7, 2013 City Commission Agenda Packet 38 January 7, 2013 City Commission Agenda Packet 39 January 7, 2013 City Commission Agenda Packet 40 January 7, 2013 City Commission Agenda Packet 41 January 7, 2013 City Commission Agenda Packet 42 January 7, 2013 City Commission Agenda Packet 43 January 7, 2013 City Commission Agenda Packet 44 January 7, 2013 City Commission Agenda Packet 45 January 7, 2013 City Commission Agenda Packet 46 January 7, 2013 City Commission Agenda Packet 47 January 7, 2013 City Commission Agenda Packet 48 January 7, 2013 City Commission Agenda Packet 49 January 7, 2013 City Commission Agenda Packet DECEMBER NUISANCE NOTICES – COMMUNITY DEVELOPMENT OFFICE Date Notice No. Address Nuisance Description Owner/Tenant Action 12/05/2012 166-12N 1729 Main St. Auto parts, scrap metal, scrap wood, trash and debris, Red/Grey/Blue Truck–no tag, dismantled, inoperable.Tan 4 dr–no tag, flat tire, inoperable. White Toyota Truck–no tag, inoperable. Jeep–no tag, flat tires, inoperable. Green Minivan-no tag, inoperable. Theodore D. Hooper/ April D. Kuhnert Corrected by owner. 12/05/2012 167-12N 804 S. 4th St. Auto parts, household items, dismantled motorcycles, tires, scrap wood, scrap metal, mower parts, inoperable lawn mowers, trash and debris. Sarah R. Miller, Peter M. Miller, et al Administrative order. 12/05/2012 168-12N 1249 Hickory St. Scattered trash & debris, brush. Gold Mine Investments Inc. Shawna Andrews Administrative order. 12/05/2012 169-12N 835 Kearney St. Appliances, plastic containers, tools, household items, auto parts, boxes, miscellaneous trash and debris, tires, scrap wood, scrap metal, Yellow Ford Truck – no apparent tag, appears inoperable. Mark A. & Charlene L. Barnes Stephanie Pennington Administrative order. 12/05/2012 170-12N 1900 Harper Dr., Lot 21 Dilapidated trailer. Robert J. Woodruff III & Timothy Paul Woodruff Trailer being demolished. 12/05/2012 171-12N 1900 Harper Dr., Lot 30 Windows & doors are unsecured. Robert J. Woodruff III & Timothy Paul Woodruff Trailer being demolished. 12/05/2012 172-12N 1201 Pacific St. couch, trash and debris. Black Impala – no tag, appears inoperable. Blue 4 dr – no apparent tag, appears inoperable. White Chevy 2dr – flat tire, no apparent tag, appears inoperable. Rachel A. M. Scott Administrative order. 12/05/2012 173-12N 1421 Atchison St. scattered tools, trash and debris, scrap metal, scrap wood, tires, trailer is not fit for human habitation, rolls of fence, brush, appliances, broken lawn mowers. Nicholas E. Harding In progress. 12/05/2012 174-12N 713 Washington St. tires, mattress, brush, scrap wood, scrap metal, appliances, scattered piles of trash and debris. Keith G. Allen II n progress. 12/05/2012 175-12N 709 Washington St. tires, wood furniture, vacuum cleaners, broken wood fence, scrap wood, scrap metal, appliances, scattered and piles of trash and debris, portion of house on South side is structurally unsound. Lisa N. Noller Alyssa Cline n progress. 1 50 January 7, 2013 City Commission Agenda Packet 51 January 7, 2013 City Commission Agenda Packet 52 January 7, 2013 City Commission Agenda Packet 53 January 7, 2013 City Commission Agenda Packet 54 January 7, 2013 City Commission Agenda Packet 55 January 7, 2013 City Commission Agenda Packet CITY COMMISSION MEETING CITY OF ATCHISON, KANSAS COMMISSION ROOM, CITY HALL DECEMBER 17, 2012, 4:30 P.M. MEMBERS PRESENT: Mayor Allen Reavis, Commissioners Jack Bower, David Butler, Larry Purcell, and Rita Hartman. OTHERS PRESENT: City Manager Trey Cocking, Finance Director/Assistant City Manager Becky Swain, City Clerk Debra Clem, City Attorney J. David Farris, Public Works Director Gary Heer, Community Development Director Stefanie Leif, Utilities Director Mike Mathews, Fire Chief Michael E. McDermed, Recording Secretary Kathryn Soph, Police Chief Mike Wilson, and others. I. CALL TO ORDER. Mayor Reavis called the meeting to order at 4:30 p.m. II. INVOCATION. Rev. Andrew Grosso, Trinity Episcopal Church, gave the invocation. III. PLEDGE OF ALLEGIANCE. IV. PROCLAMATIONS. None. V. PUBLIC FORUM. No comments. VI. NEW BUSINESS. A. APPOINTMENTS TO BOARDS & COMMISSIONS: Commissioner Butler moved to appoint James Bartlett to serve an unexpired term on the Park Board to expire July 31, 2013. Commissioner Hartman seconded. The motion carried by a 5-0 vote. Commissioner Butler made a motion to appoint Melissa Hartman to serve an unexpired term on the Planning Commission/Board of Zoning Appeals, to expire July 31, 2013. Commissioner Purcell seconded. The motion carried 4-0, with Commissioner Hartman abstaining. Commissioner Butler moved to appoint Harry Heflin to an unexpired term on the Library Board to expire April 30, 2014. Commissioner Purcell seconded. The motion passed 5-0. B. CHANGE OF ZONING REQUEST FOR 1612 COMMERCIAL STREET: Commissioner Hartman moved to accept the Planning Commission’s recommendation to deny the rezoning of 1612 Commercial St. from R-1 to R-2. Commissioner Bower seconded. The motion carried by a 5-0 vote. C. AN ORDINANCE AMENDING SECTION 1. (a) AND (b) OF ORDINANCE NO. 6416 (PASSED JANUARY 3, 2012), THEREBY REVISING THE WATER RATES CHARGERD TO USERS OF 56 January 7, 2013 City Commission Agenda Packet City Commission Meeting December 17, 2012 City of Atchison, Kansas page 2. ATCHISON CITY WATER. (Ordinance No. 6437); and AN ORDINANCE AMENDING ORDINANCE NO. 6417 (PASSED JANUARY 3, 2012), AND AMENDING SUBSECTION (d)(4) OF SECTION 33-31 OF THE CODE OF ORDINANCES OF THE CITY OF ATCHISON, KANSAS. (Ordinance No. 6438): Ms. Swain explained the 6% water and 5% sewer rate increases are required to fund repayment of loan payments for capital improvements. The average customer’s monthly bills would increase $2.02 for water and $1.14 for sewer. Mr. Cocking noted the combined sewer overflow consent order that the City entered into with the Kansas Dept. of Health & Environment (KDHE) requires $12.4 million in revenue over years 0-5, and $4.1 million in revenue starting in 2017. He discussed the target for funding needed and current funding available through sewer fees and sales tax dollars, and options to meet the needed revenue. Commissioner Hartman moved to adopt Ordinance No. 6437 and Ordinance No. 6438 approving the 2013 water and wastewater rates. Commissioner Butler seconded the motion. Ordinances 6437 and 6438 were adopted by a 5-0 vote. D. 2013 WORKERS COMPENSATION INSURANCE: Ms. Swain explained several factors for the 39% renewal rate for KMIT workers compensation insurance. The City’s cost will increase from $101,754 in 2012 to $141,345 in 2013. E. A RESOLUTION INCREASING THE CITY’S PAY GRADE PLAN BY 2.3% AND AUTHORIZING A 2.3% COST OF LIVING ADJUSTMENT FOR THE YEAR 2013. (Resolution No. 2880): Commissioner Hartman moved to adopt Resolution No. 2880, seconded by Commissioner Bower. The motion passed 5-0. F. REPLACEMENT OF PRIMARY CLARIFIER SCUM SKIMMERS: Commissioner Butler moved to award the bid to Walters Morgan Construction, Inc., for the replacement of the scum skimmers, in the amount of $62,200. Commissioner Hartman seconded. The motion carried by a 5-0 vote. VII. COMMUNICATIONS. A. 2013 CITY COMMISSION MEETING DATES. B. 2013 PLANNING COMMISISON/BOARD OF ZONING APPEALS MEETINGS. C. AIRPORT ADVISORY BOARD MEETING MINUTES FROM OCTOBER 8, 2012. D. CITY OF ATCHISON NOVEMBER FINANCIAL STATEMETNS. E. ATCHISON HOUSING AUTHORITY MINUTES FROM OCTOBER 8, 2012. F. ATCHISON COUNTY BUDGET REPORT AS OF DECEBER 31, 2012. 57 January 7, 2013 City Commission Agenda Packet City Commission Meeting December 17, 2012 VIII. City of Atchison, Kansas page 3. CONSENT AGENDA A. APPROVE THE MINUTES FROM THE ATCHISON CITY COMMISSION MEETING OF DECEMBER 3, 2012. B. A RESOLUTION DECLARING THE ENTIRE BOUNDARY OF THE CITY OF ATCHISON KANSAS. (Resolution No. 2881). C. PROPERTY AND LIABILITY INSURANCE, JANUARY 1 – DECEMBER 31, 2013. D. APPROVE THE CEREAL MALT BEVERAGE LICENSES UPON COMPLETION OF INSPECTION REQUIREMENTS FOR THE FOLLOWING BUSINESSES: 1. ATCHISON MART, 1029 MAIN, MARISA BRADFORD. 2. BELLEVUE COUNTRY CLUB, 1713 COUNTRY CLUB ROAD, PATTY FLYNN. 3. CASEY’S GENERAL STORE, 1629 MAIN STREET. 4. COUNTRY MART, 2016 W. 59 HIGHWAY, DENNIS GARRETT. 5. GAMBINO’S PIZZA, 610 COMMERCIAL, WILLIAM GILL. 6. IRON HORSE BBQ, 306 COMMERCIAL, ANTHONY KASL. 7. LUTZ BROS. OIL, LLC, 405 UTAH AVENUE, GREG LUTZ. 8. PIZZA HUT, 10TH & 59 HIGHWAY, DALE WEBER. 9. QUICK STOP, 514 UTAH AVENUE, BILL MURPHY. 10. QUICK STOP WEST, 1701 MAIN STREET, BILL MURPHY. 11. THE MILK HOUSE, 11040 HIGHWAY 59, STEVE SHIPMAN. 12. WILLIE’S, 701 COMMERCIAL, D.J. BRUCE. D. APPROVE THE OCCUPATIONAL LICENSE APPLICATIONS UPON COMPLETION OF INSPECTION REQUIREMENTS FOR THE FOLLOWING BUSINESSES: 1. QUINLAN’S, 832½ COMMERCIAL STREET, THOMAS QUINLAN. 2. WILLIE’S, 701 COMMERCIAL, D.J. BRUCE. Commissioner Butler moved to adopt the Consent Agenda, seconded by Commissioner Bower. The motion carried by a 5-0 vote. IX. INFORMATIONAL ITEMS. 1. CITY HALL CLOSED DECEMBER 24TH, 25TH, AND JANUARY 1ST. Mr. Cocking announced the refuse collection schedule changes for the holidays. 58 January 7, 2013 City Commission Agenda Packet City Commission Meeting December 17, 2012 City of Atchison, Kansas page 4. Mr. Cocking expressed condolences to the City of Topeka for the tragic loss of two police officers. X. GOVERNING BODY COMMENTS. Commissioner Hartman reported a number of questions she had received from constituents on the new automatic side loading refuse trucks. Mr. Cocking explained how the trucks will be operated. Mayor Reavis discussed the Dalby Bottoms, a Corps of Engineers project south of town. XI. PUBLIC FORUM. No comments. XII. EXECUTIVE SESSION. None. XIII. ADJOURNMENT. The meeting adjourned at 5:12 p.m. Approved this ____ day of __________, 2013 Debra A. Clem City Clerk 59 January 7, 2013 City Commission Agenda Packet 60 January 7, 2013 City Commission Agenda Packet 61 January 7, 2013 City Commission Agenda Packet 62