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CITY COUNCIL
MAY 21, 2007
7:30 P.M.
The Council of the City of Augusta, Kansas met in regular session on May 21, 2007, with Mayor Kristey Williams presiding. Council present were Holly Harper, Douglas Marr, Michael Huddleston, Tom Leffler, Mike Rawlings, Robert Griffith, and Roger Chrislip. Councilmember Michael Wallace was absent. Also present: City Manager Bill Keefer, Assistant to the City Manager JJ Allen, City Attorney David All, City Clerk Erica Jones, and Airport Manager Tim Reid. Visitors present were: Michael McDermott, Myrna Rogers, Charley Havice, John Cox, Gary Rogers, Julie Roller, and members of Boy Scout Troup 212.
Prayer: Councilmember Marr gave the invocation.
Minutes Council: Minutes of the May 7, 2007 council meeting were reviewed. Chrislip made a motion to approve the minutes of the May 7, 2007 council meeting. Rawlings seconded the motion. Motion carried with Marr opposing.
Appropriations:
May (5): Council considered appropriations in the amount of $569,179.29. Huddleston inquired about the mileage reimbursement for Tim Reid in the amount of $468.61. Keefer stated that Tim Reid is the new Airport Manager and the reimbursement was for his mileage to travel from Denver for his interview. Marr inquired about the payment to LASR in the amount of $150.00. Keefer stated that it is for website services for the Convention and Tourism Board. Harper inquired about the two payments for lifeguard training. Keefer stated that the City hired two American Red Cross certified lifeguard instructors to train and certify all of the City’s lifeguards who were not already certified. Griffith asked about the payment to Orthopedic & Sports in the amount of $401.53. Jones stated that it is a garnishment. Marr made a motion to approve Ordinance 5 in the amount of $569,179.29. Harper seconded the motion. Motion carried without opposition.
Visitors: At this time, Williams welcomed all of the visitors present, especially Boy Scout Troup 212 who were present to fulfill a requirement for their Citizenship in the Community merit badge. Julie Roller, new Downtown Augusta Inc. Director, introduced herself and stated that she is excited to be in Augusta.
Old Business:
FAA Airport Grant: Council considered authorizing the City Manager to execute the various grant documents related to the FAA Airport Grant. Rawlings made a motion to authorize the City Manager to execute the various grant documents related to the FAA Airport Grant. Marr seconded the motion. Motion carried without opposition.
Credit/Debit Card Services: Council then considered approval of the agreement with Official Payments Corporation for credit/debit card services for utility payments. All stated that the agreement needs to be updated to state that it will be in compliance with the laws of the State of Kansas. Rawlings made a motion to approve the agreement with Official Payments Corporation for credit/debit card services for utility payments with the amendment stating that it will be in compliance with the laws of the State of Kansas. Marr seconded the motion. Motion carried without opposition.
New Business:
VFW Brick Walkway: Council considered approval of a request from VFW Post 6746 to construct a Brick Walkway as part of their memorial in the Elmwood Cemetery. John Cox and Charley Havice came forward and presented an example of the bricks to be used on the walkway to the Council. Cox stated that the walkway would be completed in three stages and will take some time to construct, but that the time spent will be well worth it. Harper asked if the VFW would have a list of volunteers to help with the project. Cox stated that all of the work will be completed by volunteers. Marr stated that there would have to be some tree removal. Cox agreed and stated that there would be a lot of tree root removal too. Havice stated that the walkway would be constructed with blank bricks and that as the bricks are purchased they will be engraved and replace the blank ones. Harper asked if there would be any liability issues. All stated that there would not and that if there was any negligence by the City it would be covered under the City’s liability policy. Keefer stated that there would need to be an agreement that the VFW would be responsible for the maintenance and upkeep of the walkway. Rawlings asked if the City Attorney would need to draft a document to cover the maintenance and upkeep issue. All stated that if the request is approved, the Council would be approving the terms listed in the memo including the party responsible for the maintenance and upkeep. Marr asked if any veterans would be excluded from the memorial walkway. Havice stated that no veterans would be excluded. Harper made a motion to approve VFW Post 6746 to construct a Brick Walkway as part of their memorial in the Elmwood Cemetery provided that the VFW Post 6746 is responsible for the construction and maintenance costs of the walkway. Marr seconded the motion. Motion carried without opposition.
Airport Advisory Board: Council considered approval of a Resolution establishing the provisions for a new Airport Advisory Board. Marr stated that there is an expectation of some reporting back to the Council about the actions taken by the Board and inquired how that information would be reported to the Council. Allen stated that a summary of the minutes of the Board’s meetings could be included in the Airport Manager’s monthly report. Griffith asked if the new Board would be subject to this resolution. Keefer stated yes. Huddleston inquired if it would be appropriate to require a minimum number of meetings of the Board annually. Allen stated that it is Staff’s intention to hold the Airport Advisory Board meetings monthly, but that Staff would not be opposed to a requirement for a minimum number of meetings. Huddleston stated that he would like section six of the Resolution amended to require a minimum of two meetings per year. Marr made a motion to approve Resolution 2007-04 with an amendment to section six requiring a minimum of two meetings per year. Harper seconded the motion. Motion carried without opposition.
Marr inquired about the status of the Airport Master Plan. Allen stated that the last update to the plan was in 2004. Allen stated that generally Airport Master Plans are updated five years, but that Staff has been discussing changes to the plan. Marr asked if the Airport Advisory Board would have input with regard to the 2008 budget. Keefer stated that is not a traditional role of the board, but that they would provide input on various projects for the Airport.
Mayor’s Appointments: Council then considered the Mayor’s appointments to various City Boards and Committees. Huddleston asked for an explanation from the Mayor for her appointments to the Airport Advisory Board. Williams stated that Hart has a pilot’s certificate and has a hanger at the Airport, Evanega and Hefel are reappointments to the board and both have been very helpful in the past, McEwen has been involved with the Airport and has his pilot’s certificate, and McCoskey also has his pilot’s certificate. Williams stated that all of the nominations fit the required qualifications and are all residents of Butler County. Huddleston asked if the appointments should be approved by board or all of the appointments as a whole. Williams stated that traditionally they have been approved as a whole, but that they could be broken down and approved by board if the Council so chooses. Marr made motion to table the appointment for the City Downtown Design Committee but approve all of the other appointments. Huddleston seconded the motion. Harper asked Marr why the Downtown Design Committee appointment should be tabled. Marr stated that he needs to see the records from the Downtown Design Committee on what permits have been issued and what has been done since the Council passed the new ordinances last year before he would approve the appointment. Motion carried without opposition.
Amnesty Program: Council considered a Resolution establishing an Amnesty Program for certain outstanding warrants pending in the City of Augusta’s municipal court. Marr made a motion to approve Resolution 2007-05 establishing an Amnesty Program for certain outstanding warrants pending in the City of Augusta’s municipal court. Harper seconded the motion. Motion carried without opposition.
Executive Session: Council considered approval of an Executive Session to discuss the acquisition of real property. Marr made a motion at 8:00 p.m. to hold an Executive Session for 20 minutes to discuss the acquisition of real property. Harper seconded the motion.
At 8:17 p.m. Huddleston made a motion to come out of Executive Session with no action being taken. Harper seconded the motion. Motion carried without opposition.
Informational Memorandum & Questions:
Williams – Williams stated that at the last Council meeting Marr asked what would happen in the event of a tie if the Mayor has a conflict of interest. Williams read a memo from City Attorney All which states that the term substantial interest is defined in KSA 75-4301a and that the interest must be financial or a position of control over a for profit business. The memo states that mere membership in a charitable organization or a tax exempt organization is not enough to disqualify a member of the Council from participation. Williams asked All if her relationship with Project Playpark or Save Our State Street would represent a conflict of interest. All stated that membership in and of itself does not provide enough reason for her to abstain due to conflict of interest.
Chrislip – Chrislip stated that he is pleased that El Dorado is open again to the discussion of forming a partnership to treat and sell water. Chrislip stated that he received a report from a citizen about pot holes on Huntington between #10 and #21. Keefer stated that he would look in to this.
Griffith – Griffith asked Allen to update the Council on the status of the CDBG loans and what is being done by the Economic Development Board. Allen stated that the Economic Development Board is meeting with the four businesses that are delinquent on the repayment of their CDBG loans on Tuesday.
Rawlings – Rawlings asked if the City’s electric line crew would be going to Greensburg again to assist in the cleanup and rebuilding. Keefer stated that KMEA has said that they have enough crews at this time. Rawlings stated that he noticed in the Planning Commission meeting minutes about the construction of a car wash on Washington Lane. Rawlings asked if the owners are aware of the costs of the utilities and the sewer fees. Keefer stated that he did not know but assumed they had done their homework. Jones stated that she was not aware of anyone contacting the Utility Office inquiring about the cost of utilities and sewer fees. All stated that it is not the City’s responsibility to inform the customers of those costs.
Leffler – Leffler asked if the amount of the dividend check from EMC that will be presented at the next meeting is the amount that can normally be expected. Keefer stated the amount is higher than usual, but if EMC continues to experience profitable years the amount will continue to be high.
Huddleston – Huddleston stated that the roadway that runs to the west and north of the Playpark has water running across it. Keefer stated that there is a pipe for drainage under the road, but that there is a tree root in it. Keefer stated that there were crew there to clean it out today, but that he does not know if that has been completed.
Marr – Marr asked what it will take to separate from Municipal Code Corporation (MCC) and move forward with the codification. All stated that it depends on the action of MCC. Marr asked if the City would have to return what we currently have for proofing purposes. All stated that the City has paid for the documents that MCC has presented at this point. Marr stated that he has never had a set of codes for him to properly do his job. Keefer agreed and stated that we do have something, but that there are a countless number of mistakes. Keefer stated that he agrees that the City needs to move forward and take action to send a letter to MCC to separate from the contract. All stated that the governing body should have received a document that should be ready for publication, but that there is an error on nearly every page. Marr stated that there are other firms that do this type of work.
Huddleston made a motion directing the City Attorney to prepare correspondence to terminate the agreement with Municipal Code Corporation based on the lack of performance. Harper seconded the motion. Motion carried without opposition.
Rawlings asked if the letter would be sent by certified mail. All stated that it could be and probably would not be a bad idea. Griffith asked if what has been paid to MCC is more than what work has been completed. Keefer stated that if the agreement were terminated the City would probably not be getting any money back. All stated that the only way to get money back would be to litigate, but that it would not be worth it. Marr stated that the deadline for clean up of properties is coming due and he asked Staff to take the necessary action to provide the Council with the information needed regarding owner occupied properties and what options are available to the Council. All stated that if the property is in a state of disrepair and the City has deemed it to be a hazard, the process starts with the City Inspector. All stated that the Inspector can engage any necessary experts and will prepare a report to bring to the Council and a public hearing will be held if it is requested. Then the Council will make the decision whether or not the required action has been taken and if not, whether to condemn the property and have it removed at the owner’s expense. Keefer stated that he has asked the Inspector to provide a list for the Council that gives the status of improvements on the properties requiring cleanup. Marr inquired about the status of the City letterhead. Keefer stated that it has not been delivered yet. Marr inquired about animal pickup on US Hwy 54, west of the City. Keefer stated that it is State property and out of the City’s jurisdiction, and that he does not know who would be responsible for the removal. Marr asked to have the Animal Control Officer look in to this as there are two carcasses there now. Marr stated that he wants a list of the permits approved by the Downtown Design Committee and what projects have been approved by the Committee. Keefer stated that the Downtown Design Committee issues permits for the building facades. Marr stated he wanted a list of those that have been issued. Marr stated that the part of the minutes that is most important from the last meeting is that he is “Attacking the process, supporting the people”.
Harper – Harper stated that she was very appreciative of the presence of the Safety Officers at the High School graduation on Sunday. Harper inquired about the status of Councilman Wallace. Williams stated that she did make contact with him and he is still in Asia and is expected to be back in Augusta in July. Williams stated that his wife took delivery of the letter that Staff had attempted to deliver previously and forwarded it to him.
Adjourn: At 8:47 p.m. Harper made a motion to adjourn. Marr seconded the motion. Motion carried without opposition.
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