ELLY GRIMM
• Leader & Times
The Liberal City Commission will have a full agenda for its next meeting this evening starting at 5:30. Tonight’s meeting will be in the commission chambers at the Liberal Recreation Center at 950 S. Grant Ave.
Up first will be discussion of the waiver of liquidated damages for the Ortuño housing addition.
“At the May 13 Liberal City Commission meeting, city staff reviewed the Ortuño housing addition contract and request for a waiver of liquidated damages,” the agenda information noted. “The recap of that item is as follows: The agreement between the City of Liberal and OC Quality Custom Homes, LLC for the Ortuño housing addition was signed in July 2024 for a total amount of $1,656,150.32. The bid proposal listed 210 contractual days for completion; however, the signed agreement listed 240 contractual days. Upon speaking with our attorney, Lynn Koehn, the City must abide by the signed agreement. As of May 8, 2025, our engineers have recorded 22 weather days, which combined with the 240 contractual days, equals 262 days. We are currently at 257 total calendar/contractual days. The liquidated damages per the contract state ‘Contractor shall pay owner $800.00 for each day that expires after such time until the work is completed and ready for final payment.’ Edgar Ortuño has attached a letter that states their reasons for the delay and their request to waive the liquidated damages for the commission to review. Once we reach the 262 days, the commission can then vote on the Waiver of Liquidated Damages. Mr. Ortuño appeared in person to present his letter of consideration. Among his reasons were weather conditions, change orders, coordination issues, and FEMA/KDHE permits. We feel the permitting issue specifically relates to the building of the houses, and not the road and infrastructure, which is what the city has invested funds in. As far as the coordination issues go, city staff has confirmed that the project was challenging in the beginning due to change in leadership and turnover at the administrative level. Very little information was communicated to the levels below the city manager in the summer and early fall of 2024, and therefore, we were piecing it together in September and October 2024. City staff recommends the commission review the attached documentation and make a determination to either waive the liquidated damages or allow 60 more calendar days for completion.”
Up next will be discussion of a Light Park fitness court project.
“The Fitness Court will be located in the old playground area north of the pool in Light Park,” the agenda information noted. “It will feature seven pieces of workout equipment: The Apollo (56 exercises, five users); The Spartan (32 exercises, four users); two Everest cardio climbers (two modes, one user); The Flex stretch station (18 stretches, one user); a sit-up multi-bench; and a push-up multi-bench. The 2270-square-foot area will be surfaced with Playground Grass turf, with a fall height of eight feet. A 32- foot by 32-foot shade cover will also be incorporated. Staff recommends approval of this project by All Inclusive Rec for the installation of fitness equipment and shade structure, and by Commercial Lawn Management for the installation of the playground grass in the amount not exceeding $180,000, to be funded by the Streets, Drainage, Capital Improvements portion of the 1-Cent sales tax.”
Up next will be discussion of grass installation at Leete Park.
“The City of Liberal Parks Department is recommending the installation of playground grass in the Leete Park playground area,” the agenda information noted. “The need for this turf arises during a rainstorm; all the water from the south fire station building and parking lot rushes down the hill and washes out the mulch, resulting in a time-consuming clean-up. The installation of 2,100 square feet of turf would eliminate this problem and enhance the appearance of the area. The turf's 8-foot fall height protection is an added safety bonus. Staff recommends approval of this turf installation by Commercial Lawn Management for an amount not exceeding $53,000, to be funded by the Beautification portion of the 1-Cent sales tax.”
Also on the agenda will be discussion of an air service development agreement.
“The Liberal Mid-America Regional Airport offers commercial flight services from United operated by SkyWest Airlines under the federal Essential Air Service (EAS) program,” the agenda information noted. “In an effort to improve performance outcomes, expand available services, and support the long-term viability of our continued EAS operations, staff reached out to obtain a service proposal from ArkStar Group for air service development consulting. ArkStar Group came highly recommended by other EAS communities in Kansas. This consulting group works frequently with partners at SkyWest Airlines to optimize service schedules, advocate for competitive flight pricing, and help develop communities to add new strategic routes. Staff recommends accepting the proposal from ArkStar Group for air service development consulting services as presented to be funded by the Economic Development portion of the 1-Cent sales tax.”
The commission will also hear an update from Stepping Stone Shelter.
“The City has been involved with providing non-profit funding to the Stepping Stone Shelter through the 1-Cent sales tax for many years,” the agenda information noted. “In 2023, the shelter faced closing its doors if financial corrections could not be made. At this time, the City stepped in to pledge $50,000 in emergency funding through year- end. Only $36,163.92 of these funds were utilized, and as the shelter has started to move in the right direction, they would like to request the remaining amount to assist in a transitional period from now until approved funding for building improvements and other expenses will arrive in July. The shelter just finalized their ESG application for operational funding, which will hopefully arrive this fall. The Interim Director and Development Director have applied for numerous grants with over $100,000 being approved and around $238,000 remaining pending over the last few years. Many grants, however, are for project-based requests only. Throughout all of these changes and uphill battles, the City has been the sole government supporter of the Stepping Stone Shelter. With operational fund support being hard to find, the shelter has primarily operated off of private donations and the repeated support of the City of Liberal and United Way. The shelter was hopeful they could receive a portion of the Kansas Fights Addiction funds the County had on hand due to their assistance of individuals both within the Drug Treatment Court and the County's Community Corrections program. These funds were recently denied, which was disappointing to the board. Once building renovations are complete, the hope is that the shelter facility will finally be able to operate in an efficient manner and will continue to provide a safe, 90-day transition back to stability for the people who choose to ask for assistance. The commercial kitchen upgrades will also provide regular meals for those in need.”
To conclude the meeting’s new business, the commission will discuss a contract with Invenergy.
“Invenergy is a leading independent, global developer and operator of clean energy solutions. They have approached the City with a Transmission Easement Agreement,” the agenda information noted. “In order to get the project moving, this agreement needs to be approved by the city commission. This project will take place, regardless of the result of the county's ongoing negotiations with the company. City Staff recommends the approval of the Transmission Easement Agreement between the City of Liberal and Invenergy Wind Development, LLC.”
