Iola commissioners agreed that owners of Dairy Queen should not have to pay for “a difference of opinion” between city officials.
At issue was the responsibility for the curb and guttering immediately south of the ice cream shop’s parking lot at 323 S. State St.
Owners Jim and Laura Baker explained to city commissioners Tuesday that as they acquired the necessary permits to begin the work, they were assured by Code Enforcement Officer Jeff Bauer that repairs to the curb and gutter were the city’s responsibility, not theirs.
But as crews from J & J Contractors began removing the old parking lot materials, the curb and guttering began to crumble beneath the heavy equipment.
And as the project neared completion, Assistant City Administrator Corey Schinstock told the Bakers that replacing the entire curb and gutter along the parking lot was their responsibility. That’s because the city does not build approaches to private parking lots, which was required to replace the now crumbled curb and gutter.
“We educated ourselves to the best of our ability (prior to beginning the work) and then we were threatened to have it shut down if we didn’t pay for the curb and guttering,” Laura Baker said.
Bauer and Schinstock admitted to commissioners that they interpreted the city’s policy differently. Schinstock further admitted that he may have come across as heavy-handed when he approached the Bakers about the issue.
Commissioners and City Administrator Judy Brigham conceded that the vague wording of the policy left too much room for different interpretations.
Those policies should be further clarified in order to be enforced consistently, Mayor Bill Maness said.
Commissioner Bill Shirley also stressed that Schinstock and Bauer should have handled the situation better.
“When they come to the codes officer and he approves, it puts us in a bad light for us to later say we we’re going to shut them down,” Shirley said. “We’ve got to be more receptive to our business community.”
Commissioners agreed to pay the $3,325 bill to replace the curb and guttering.
IN A RELATED matter, commissioners are looking into damage that already has started appearing in the concrete along driveways and curbs in the city’s new Cedarbrook Addition.
Street and Alley Superintendent Dan Leslie said spalling, or flaking of the concrete, has popped up in several areas, apparently due to the shifting concrete after several freezes and thaws over the winter.
The damage is certain to grow more evident as the warm summer months arrive.
Leslie and Schinstock said they will contact King’s Construction, the general contractor that built the driveways and curbs, to see about having much of the work replaced.
Schinstock said King’s officials have proposed only repairing the affected areas.
“Our contention is that the work was substandard,” Leslie said, noting that other concrete projects handled by a separate company have not begun to deteriorate.
Commissioners agreed that the contractor should replace the concrete and not settle for small-scale repairs.
COMMISSIONERS agreed to look into potential state grants to make city facilities more energy efficient.
Joe Hurla of 360 Energy Solutions said the city could receive up to $150,000 in grant funds — made available from federal stimulus dollars — to add such things as better lighting and climate control systems.
The city would be responsible for 40 percent of any such project’s cost.
Commissioners said that while they have no plans for a large-scale project, the funding could be used for routine repairs.
If the city opts to use Hurla’s expertise to apply for a grant, Hurla said his only stipulation was that 360 Energy Solutions would handle a subsequent energy audit and design of new systems. Hurla’s firm would be responsible for the difference in utility bills if guaranteed energy savings were not realized.
Commissioners voted 2-1 to begin the application process. Shirley opposed the project, noting a similar promise had been voiced to Allen County Community College trustees through a similar program. Those savings were not realized, nor was the company that guaranteed the savings held responsible.
THE CITY will hire Ace Pipe Cleaning of Kansas City, Mo., for the cleaning and televising portion of the city’s sewer improvement project. The Ace bid of $189,238.75 was the lower of two.
Commissioners also approved a contract by Professional Engineering Consultants of Wichita to look at water drainage near Riverside Park and along Scott Street. The city will pay PEC a combined $60,700.
John Lord was hired to handle the city’s seasonal mowing. Lord will mow empty lots vacated after the 2007 flood as well as other nuisance properties for $45 an hour.
Lord’s bid was not the lowest of three received, Bauer told commissioners.
Another was for the same rate, and a third was significantly lower.
Bauer said he had concerns about the equipment of the third bidder’s and chose Lord “because we’ve had experience working with him.”
Maness said the city should stress to Lord the importance of keeping the grass mowed to an appropriate height, much as the city would expect of its residents.
“If there’s a point he can’t keep up, we should stress the importance of having him get somebody else in there to help,” Maness said.
BOB COLBORN, who is retiring at the end of the week from the Electrical Distribution Department, was presented a plaque in honor of his 25 years with the city.
Commissioners approved six-month or annual evaluations of nine employees and subsequent pay raises, which ranged between 0.7 and 5.1 percent.
Commissioners also were introduced to Ken Hunt, who began working this month as the city’s new human resources manager.
THE IOLA Amateur Radio Club was given permission to stay overnight at Riverside Park June 26 and 27 as part of an emergency preparedness exercise.
