City Council Regular Meeting Minutes

A regular meeting of the Lenox City Council was called to order by Mayor Douglas on March 12, 2018 at 5:30 p.m. at City Hall with the following council members answering roll call: Bowman, Ramsey, Vogel, Borland and Custer. Staff present was City Administrator, Allison Kitzman and City Clerk, Dawne Bowman. Other visitors were Rob Lundquist, Jeff Larabee, Jeff Godwin, John Borland, Colleen Larimer, Melissa Rahn, Cynthia Repasky, Deputy Pafford and Deputy Lynn.

Bowman made a motion to approve the agenda, seconded by Custer, all ayes, motion carried.

Borland made a motion to approve 2/26/18 meeting minutes, seconded by Ramsey, all ayes, motion carried. Vogel made a motion to approve the payment of the bills, seconded by Custer, all ayes, motion carried. Borland made a motion to approve the February 2018 Clerk Treasurer Report, seconded by Vogel, all ayes, motion carried.

Melissa Rahn and Cynthia Repasky were present with the dog that recently had a DNA test completed. The test showed the dog to be 62% American Staffordshire Terrier. Bowman made a motion to remove the dog from city limits within 10 days, seconded by Custer, motion carried.

Jeff Godwin , with Synder & Associates discussed the progress at the WWTP, stating that in the next few months there will be a lot of change happening. He also discussed the wetland project and how they are wanting to coordinate it with the construction of the walking trail project. Custer made a motion to approve pay request #5 in amount of $87,302.15, seconded by Borland, all ayes, motion carried.

Custer approved re-appointment of Jake Tripp to the LMU Board of Trustees for a term of 6 years, seconded by Bowman, motion carried. John Borland with LMU was present and added that Tripp has agreed to serve on the board.

The CDBG draw request #6 will be on the next agenda.

The SRF draw request #5 will be on the next agenda.

Jeff Larabee, J & J Construction, was present to discuss his contract for the Neighborhood Center Addition. At the February 26th Council meeting, Mr. Larabee was awarded the Neighborhood Center Building Addition project because he was the lowest bidder. Kitzman explained that the specification book for this project outlines the responsibilities of all bidders. One of those responsibilities was the winning bidder must furnish a performance bond, payment bond, maintenance bond and certificate of insurance within 10 days after the council accepted the bid. Monday, March 12th, was the 10 day deadline and Mr. Larabee was unable to provide any of these required documents. Larabee explained that he would be able to have these documents by the next week. Kitzman explained that the council had the option of denying the contract and move on to the next lowest bidder, which was Pro-Line Solutions, or table the discussion until next week for Mr. Larabee to provide all necessary documents. Bowman stated that he wanted the City to deny the contract to Mr. Larabee and move on to the next lowest bidder because the City had certain stipulations in our spec book for a reason and he wanted to see the City follow that. Bowman believes that allowing an extension of this timeframe only sets precedence for future projects that we do not want to set.

The building addition specification book also required all bidders to submit a bid security with their sealed bid in the amount of 10% of total bid amount. If the bidder fails to execute the contract, file an acceptable performance bond or provide certificate of insurance within ten days after acceptance of the bid, that security bond is to become property of the City. Mr. Larabee provided a security bond in the amount of $7,392. The council had discussion on whether or not to retain this security bond or return a portion back to Mr. Larabee. Borland and Custer discussed their concern about the amount of funds the City is going to be out because of attorney fees and any fees associated with Snyder’s for their work on the project. There was also a difference of $925.00 between Mr. Larabee’s bid and the next lowest bidder. Rob Lundquist stated that he would just like to move forward with the project and didn’t think the City should cause a hardship to Mr. Larabee by keeping his entire security bond. Lundquist believed that $500 would cover all expenses and did not believe the City should keep any more than that amount. Bowman made a motion to reject the contract for Jeff Larabee with J & J Construction, with the City retaining $500 of his security bond, and moving on to the next lowest bidder, seconded by Vogel, all ayes, motion carried.

Custer made a motion to approve City Wide Clean Up dates of April 29th-May 7th, seconded by Vogel, motion carried.

Custer approved the appointment of Drew Thompson to Golf Board for term of 2 years, ending February 2020, seconded by Ramsey, motion carried.

Vogel made a motion to approve Resolution 18-15 Making Award of Contract for Walking Trail to Bluffs Paving and Utility Company in the amount of $225,029.32, seconded by Ramsey, all ayes, motion carried.

Borland made a motion to approve Liquor License for Kady’s Concessions, seconded by Ramsey, all ayes, motion carried.

Borland made a motion to approve Resolution 18-14 Setting Public Hearing for April 9th at 5:45 PM for Budget Amendment FY18, seconded by Custer, motion carried.

Pete Marshall was unable to attend this council meeting so the PILOT tax for Sunrise Apartments will be on the next agenda.

Ramsey moved to adjourn the meeting, Vogel seconded, all ayes, motion carried. Meeting adjourned at 6:10 P.M.