Special Meeting
BOARD OF ALDERMEN
Next numbers: Bill No. 2270 / Ord. No. 2250 Bill No. C/A
172 Ord. No. C/A 172
CALL
TO ORDER and ROLL CALL at 7:00 p.m. in the boardroom
Mayor Dusenbery opened the Special Meeting at 7:00 p.m. and asked the clerk to call roll.
Ward 1 Alderman Jack Friedman - Present
Ward 1 Alderman Deborah Butcher - Present
Ward 2 Alderman David McCoy - Absent w/prior notice
Ward 2 Alderman David Rittman - Present
Ward 3 Alderman Marvin Ferguson - Present
Ward 3 Alderman Linda Arnold - Absent w/prior notice
Ward 4 Alderman Marc Sportsman - Absent w/prior notice
Ward 4 Alderman Brian Atkinson - Present
ALSO
PRESENT: City
Administrator Joe Turner
Community
Development Director Sean Ackerson
Public
Works Director Jeff Rupp
Dan
Koch, Project Manager
City
Attorney Jack Campbell
Eddie
James, Atty. From Shughart Thomson Kilroy
Michael Short, Oppenheimer
Janet Garms, Kutak Rock
Jim Watson, River North Development
MEDIA
PRESENT: Nancy Jack
for The
Kim
Bui for the
Mike Horine for Channel 2
Explanation of Need for This Special Meeting
Mayor Dusenbery made the following
announcement to clarify the reason for this meeting. She said, "The meeting tonight is a continuation of last night's
Board of Aldermen meeting for the purpose of specifically dealing with three
ordinances, two of which relate to City Hall and the last ordinance being our
bill-paying ordinance. Notice of this continuation was given at last
night's meeting and notices were posted last night by the Assistant City
Clerk. All three issues were officially tabled at last night's meeting at
the time this meeting was called. The necessity of taking action
immediately is caused by the possibility that interest rates may go up at any
time, which would have an adverse effect on the financing of our new City Hall. This is being done upon the
recommendation of our financial consultants on City Hall financing."
Mr. Turner provided a brief introduction and
advised the board that the Development Agreement distributed at this meeting
supercedes the one in their packet and it shows the total at 3.57 million
because it includes the generator. Mr.
Turner said he has talked with the Platte County Emergency Preparedness
department and they are going to try to help us locate funding to help cover
the expense of the generator. He said
one change order is already known and that is to add the requirement of a
performance bond.
Alderman Rittman said that the generator has
great merit and some things are difficult to add after the fact. He also said that he feels very strongly that
the pavers for the east end of the roof should be added to add support so it
can be walked on. He feels it would be
important to have that in place from the start.
Alderman Atkinson said he thought Tony Borchers said it would be
structurally sound.
Mr. Koch said that the location of the final
placement of the egress door is a major consideration tied to any decision
regarding use of the roof and installation of the pavers. Alderman Rittman said he didn’t want to hold
up the action that needs to be voted on at this meeting but he did want it known
that he feels very strongly about keeping this in the plans or adding it back
in at some point if necessary. Alderman
Atkinson said that there most likely would be change orders throughout the
project. Mayor Dusenbery said that is
not what she wants at all. She said she
did not want a lot of change orders on this project because that will run our
costs up dramatically. She said she
agreed with Alderman Rittman that we want to have the roof be structurally
prepared to accommodate a patio if they decide at a future date to do that.
Mr. Turner next reviewed spreadsheets he had
included with his original policy report for the Certificates of Participation
ordinance. A copy of that policy report
with those spreadsheets attached is on file with the official record of these
minutes.
City Attorney Jack Campbell explained that
Mike Shteamer and Eddie James from Shughart Thomson Kilroy have been working on
the review process for this Development Agreement and Exhibit A of the
Development Agreement to insure the best interests of the citizens of
Mr.
James said there are no mechanic lien rights for public projects in the State
of
Alderman Rittman expressed that he found it
troubling that among some of the information he has just heard, there was no
performance bond or consulting engineer built into this project. He said that he respected the team’s skill
set but on this complex an issue he did not believe we have the expertise on
staff to cover the consulting engineer duties.
He expressed great disappointment with having no opportunity for any due
diligence and to receive such last minute notice of critical information. He asked how we would pay the $70,000 for the
performance bond and Mr. Turner said it would come from the proceeds from the
sale of city hall. The mayor said that
Dan Koch was hired to be the construction manager for city hall. Alderman Rittman added that he sees staff
members are overworked as it is just to keep up with the normal day-to-day
concerns of running city hall so he doesn’t see how they could have adequate
time to address what this task would entail.
Alderman Atkinson said that our staff has put in hundreds of hours into
this project and he believes we need to trust staff recommendation on this.
Alderman Ferguson asked if we’ve signed the
lease agreement for the city hall yet.
Janet Garms from Kutak Rock explained the process of the bonds and she
said that at the end of twenty years when all certificates are paid off, the
city would have the title for city hall returned to it.
Jim Watson from River North Development said
he had to say that city staff have been working
diligently for many hours on this project and to the extent that they may owe
an apology, he wanted to collectively make that now. Mr. Watson explained that it was his
understanding that as the design-builder under the AIA contract, they are
responsible for any mishaps or problems with the scope of work. Attorney Eddie James concurred that the
reason the AIA contract is favored is that it holds a single point of
accountability and there is a strong measure of security with that. Discussion followed regarding how best to
factor in the performance bond requirement.
Mr. Turner said the figure of $70,000 was not a firm bid but taken from
figuring a percentage of the total project.
It was determined that it’s best to do it as a change order as early as
possible.
IT WAS MOVED BY ALDERMAN
IT
WAS MOVED BY ALDERMAN FERGUSON AND SECONDED BY ALDERMAN RITTMAN THAT BILL 2270
BE APPROVED ON FIRST READING AND PASSED TO SECOND READING BY TITLE ONLY, ALL
AYE, MOTION CARRIED.
IT
WAS MOVED ALDERMAN FERGUSON AND SECONDED BY ALDERMAN RITTMAN THAT BILL 2270 BE
APPROVED ON SECOND READING TO BECOME ORDINANCE 2250; ALL AYE BY ROLL CALL
VOTE. MOTION PASSED 5-0.
Bill 2270 was posted on
03/31/06.
IT WAS MOVED BY ALDERMAN
IT
WAS MOVED BY ALDERMAN FERGUSON AND SECONDED BY ALDERMAN RITTMAN THAT BILL 2271
BE APPROVED ON FIRST READING AND PASSED TO SECOND READING BY TITLE ONLY, ALL
AYE, MOTION CARRIED.
IT
WAS MOVED ALDERMAN FERGUSON AND SECONDED BY ALDERMAN RITTMAN THAT BILL 2271 BE
APPROVED ON SECOND READING TO BECOME ORDINANCE 2251; ALL AYE BY ROLL CALL
VOTE. MOTION PASSED 5-0.
Bill 2271 was posted on
03/31/06.
ACCOUNTS PAYABLE A-787
ALDERMAN
ALDERMAN
FERGUSON MOVED THAT BILL A-787 BE APPROVED ON FIRST READING AND PASSED TO
SECOND READING BY TITLE ONLY; ALDERMAN RITTMAN SECONDED; ALL AYE; MOTION
CARRIED.
ALDERMAN
FERGUSON MOVED THAT BILL A-787 BE APPROVED ON SECOND READING TO BECOME
ORDINANCE A-787; ALDERMAN FRIEDMAN SECONDED; ALL AYE BY ROLL CALL VOTE; MOTION
CARRIED 5-0.
Bill
A-787 was posted on 03/31/06.
ADJOURNMENT
ALDERMAN ATKINSON MOVED THAT THE MEETING ADJOURN; ALDERMAN
The meeting adjourned at approximately 7:58 p.m.
Submitted by: _____________________________________