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CITY COUNCIL
JUNE 4, 2007
7:30 P.M.
The Council of the City of Augusta, Kansas met in regular session on June 4, 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, City Attorney David All, City Clerk Erica Jones, Director of Public Safety Tyler Brewer, City Inspector Dan Allen and Fire Major Ray Marbut. Visitors present were: Michael McDermott, Julie Roller, John Welch, Kathy Welch, Janet Mitchell, Elaine Thomas, Randy Certain, Berni Certain, and Dylan Certain.
Prayer: Councilmember Marr gave the invocation.
Minutes Council: Minutes of the May 21, 2007 council meeting were reviewed. Chrislip made a motion to approve the minutes of the May 7, 2007 council meeting. Griffith seconded the motion. Motion carried without opposition.
Appropriations:
May (5B): Council considered appropriations in the amount of $355,466.75. Griffith inquired about the payment to Allsigns in the amount of $3,631.50. Keefer stated that it was a pass through to purchase replacement signage for the Playpark. Keefer stated that the City issued the check so its tax exempt status could be utilized and that Ignite Augusta’s Project Playpark reimbursed the City in the amount of $3,631.50. Huddleston asked who the payment in the amount of $225.00 to the American Association was for. Keefer stated that it was membership dues to the American Association of Aviation for Tim Reid, the new Airport Manager. Huddleston inquired about the payment to Hall’s Culligan. Keefer stated that it is for a water dispenser at the Airport. Keefer further stated that there is not a public drinking fountain at the Airport. Huddleston inquired about the payment to Sedgwick County in the amount of $49.00. Brewer stated that is for services allowing the Safety Department to access Sedgwick County’s wants and warrants and is a monthly fee that the County assesses for this service. Marr inquired about the payment to Martin Marietta Materials in the amount of $1,460.98. Keefer stated that it was for rock for the waterline project. Marr made a motion to approve Ordinance 5B in the amount of $355,466.75. Huddleston seconded the motion. Motion carried without opposition.
Visitors:
Mayor Williams congratulated Downtown Augusta Inc. for their success with this year’s Grasshopper Festival.
John Welch addressed the Council and thanked them for continuing to work with Madrigal & Welch Insurance. Welch explained that they have written the City’s insurance policy for 20 years. Welch stated that because of the good loss experience in 2006 for the City of Augusta and the other 400 Kansas cities EMC insures, a dividend check in the amount of $29,332.98 was issued to the City of Augusta. Welch stated that the amount of the dividend check can also be attributed to the City’s participation in KMU and in a safety program.
Mayor Williams presented Director of Public Safety, Tyler Brewer with a certificate and Life Saving Medal for an act performed in the line of duty with disregard for personal safety and prompt and alert action resulting in the saving of a life when on May 24th the Safety Department responded to a distress call involving a drowning. Keefer stated that he was aware that Brewer is humble and not excited about being recognized for this act, but he wanted Brewer to know that he has a lot of pride in him and his department. Keefer stated that he was sure the Certain family appreciated what Brewer and his department did. Keefer stated that he is proud to know Brewer as a Chief and as a friend. Brewer stated that this has been a humbling experience. Brewer stated that since coming to Augusta, he has seen heroes every day and that he works with twenty four heroes at the Safety Department. Brewer stated that he accepts this commendation for them.
Old Business:
Mayor’s Appointments: Council considered approval of the Mayor’s appointments to the City’s Downtown Design Committee and Library Board. Huddleston stated that on May 24th there was a window opening cut in Dr. Colvin’s old office. Huddleston stated that the application was submitted to the inspection office two days prior to the work being completed. Huddleston stated that the Ordinance states that any application for a building permit for work within the designated Main Street area shall include a detailed scope of work showing all of the proposed alterations and changes. It further states that upon receipt of the application, the Building Official shall submit the application to the Main Street Design Committee of the City for review. Huddleston stated that the Ordinance reads that within fifteen days of the receipt of the application, the committee shall submit to the Building Official a written summary of their review containing their proposed changes and alterations of the scope of the work, if any. It further states that the building permit may be issued only after the Building Official finds the scope of work complies with the recommendations of the Main Street Design Committee. Huddleston stated that it is amazing to him that this whole process occurred in only two days. Huddleston stated that it is his understanding that the City Inspector hand delivered the application to committee members to obtain their approval, and that he does not see anywhere in the Ordinance where is states that this is part of the function of the Building Official. Huddleston then stated that section 1007.4 of the Ordinance states that new openings may be permitted provided the new opening uses traditional and historic design and materials and that reflective and metallic finishes and tinted materials are not permitted. Huddleston stated the Committee’s lack of organization has caused a misunderstanding and miscommunication between city staff, building owners, and the public. Huddleston stated that the Mayor should keep the DAI Executive Director as a committee member on the Main Street Design Committee. Huddleston stated that this will help with better communication and continuity between the City’s Main Street Design Committee and Downtown Augusta Inc. Huddleston recommended that the Mayor appoint DAI Executive Director Julie Roller to fill the position vacated by former DAI Executive Director Don Duncan. Williams stated that the Resolution does not require the DAI Executive Director to be a member of the Main Street Design Committee. Williams stated that the Resolution states that four of the committee members must be DAI members and that there are currently five DAI members on the committee at this time. Williams stated that the Council could recommend for the DAI Executive Director be appointed to replace on of the five DAI members that are currently on the committee. Williams stated the League’s Governing Body Handbook states that State statute gives the mayor the right to make appointments, but if the council does not believe that the person is qualified, or if they believe he or she will not be a good person for the particular office, the council is perfectly right in refusing to consent. On the other hand, if the person is qualified and can fill the office acceptably, the council should not refuse to confirm a new appointment to keep the incumbent. Williams stated that she believes Aaron Wells is qualified for this appointment and will represent property owners. Marr asked if he is correct in the assumption that Wells is the owner of the property with the new windows that Huddleston is questioning. Williams stated that Wells is a one-third owner of that property, and that he worked with DAI and Mark McCollum closely during the project. Williams stated that this is a confusing process and there are areas of it that need to be worked on. Williams stated that she feels the property owners did go through the proper channels to get approval. Marr stated that if Wells is willing to understand and enforce the City’s Ordinances he would be willing to approve his appointment. Marr stated that he is looking for a commitment from the Mayor and her appointee that they will follow the guidelines set forth by DAI and the Main Street Design Committee. D. Allen stated that he did go to each committee member to get their approval, but that the contractor was ready to pull the permits and there was not enough time to set up a meeting. D. Allen stated that the historic fabric of the building is not supposed to change, but that this building has been concrete blocked and the original brick is gone and there is nothing historic there. D. Allen stated that it is a brick façade and the rest of the windows are all aluminum. D. Allen states that the ordinance says that the design and alterations must be compatible with the rest of the building. D. Allen stated that is why they put in the windows that they did, because a wood window would not have matched the other windows on the building. D. Allen stated that no one came to him and pressured him to push the process quicker, but that he just took it upon himself to obtain the committee’s approval to try to get it going so the business could open. D. Allen admitted that he did process the application quickly. Huddleston stated that the necessity to get it done quickly does not mean that the ordinance should not be followed and that he is concerned about the process involved. D. Allen stated that if this project had to do with redoing an entire façade he would have waited until a committee meeting could be convened, but that it is very hard to get the committee together. Huddleston stated that is where the coordination of DAI and the City’s Design Committee would be beneficial. Williams asked D. Allen if Bill Morris and Mark McCollum approved the permit. D. Allen stated that they did. Williams thanked D. Allen for going above and beyond what was expected to help Dr. McCormac. Williams stated that she agrees with Marr and Huddleston that the process needs to be worked out. Marr stated that he would like to hear a commitment from the Mayor and her appointee to uphold the guidelines set forth in the ordinance. Williams stated that she can only speak for herself and say yes, but that she does believe Wells will do his best to uphold the ordinance. Rawlings made a motion to approve the Mayor’s appointment of Aaron Wells to the City’s Downtown Design Committee. Marr seconded the motion. Motion carried with Huddleston and Griffith opposing.
Marr made a motion to approve the appointment of Jim Council to the Library Board. Huddleston seconded the motion. Motion carried without opposition.
New Business:
Zoning: Council considered approval of an ordinance changing the zoning classification for a tract of land located in the 1100 block of Custer Lane from R-1 single family residential to Assembly for the purpose of constructing a church. Marr stated that a correction needs to be made in the ordinance. The fifth line in the fifth paragraph should read “…641.34 feet…”. Chrislip asked if there were any protests. Keefer stated that there was not. Keefer stated that one resident had a question about parking on the street and utilities, but that the Commission had addressed that question. Marr asked if the applicant had provided any information about the outside appearance of the building. Keefer stated that they had not, but for now it would just be a metal building. Marr made a motion to approve Ordinance 1942 changing the zoning classification for a tract of land located in the 1100 block of Custer Lane from R-1 single family residential to Assembly for the purpose of constructing a church. Harper seconded the motion. Motion carried without opposition.
Property Maintenance: Council then reviewed and discussed the status of 10 properties that were previously notified of their non-compliance with the City of Augusta’s Property Maintenance Code. Keefer stated that he provided the Council with a report updating the progress of improvements of the properties that had been notified of their non-compliance. Keefer stated that a majority of the property owners are moving forward with their improvements, but that some of the others have a way to go. D. Allen gave an update on all of the properties that had been notified of their non-compliance and stated that he has concerns about the property located at 1219 Osage. D. Allen stated that the roof is collapsing and the windows are gone, and that there is a new home being built right next door. D. Allen stated that he is worried about children playing in or around the house; therefore, he recommends it should be torn down. D. Allen then discussed the properties owned by Mary Vogt and stated that she has the material for the improvements, but is not able to supply the necessary labor to complete the improvements. D. Allen stated that he works with the Catholic Heart Work Camp and will have 125 teenagers that he will be scheduling to provide the labor necessary to complete the improvements on Vogt’s property. D. Allen stated that Kelly Modlin is donating the concrete for the project. D. Allen stated that the owner of the property located at 325 Main has made some effort to clean up the property and that he would like to give him more time to continue the improvements. Leffler stated that the property owner of 1219 Osage says they will tear down the structure by August, but that if the Council waits to take action until then it could be the end of the year before the structure would be removed. Mr. All agreed and stated that the Council can give the property owner the time she has requested, but still go ahead with the procedure of setting a complete date and if the work is not completed by that date the City can go forward with the necessary action to remove the structure. Chrislip asked how much time D. Allen wants to give the property owner of 325 Main. D. Allen stated that he had not spoken to the property owner about how much time he would need, but that it would be at least another sixty days. Keefer stated that Staff would make a report back to Council the first week of Augusta about the progress that has been made. Then the Council can decide whether or not to move forward with action on the properties in non-compliance. Leffler asked if this is the first or second extension. Keefer stated that the property owners were originally given until July or August to complete the necessary repairs. Chrislip made a motion to request a Resolution for a Public Hearing to determine if a structure located at 1219 Osage is a dangerous structure. Rawlings seconded the motion. Motion carried without opposition.
Street Projects: Council reviewed and discussed improvements to Santa Fe Street as part of the 2007 Street Sales Tax Program. Citizen Janet Mitchell addressed the Council and stated that she owns the home that was Augusta’s first hospital. Mitchell stated that she has noticed that when new curbing is put in around town, the property owners in those areas start cleaning up their properties. Mitchell stated that curbing would help clean up the area of Santa Fe Street and help with property values. Mitchell also stated that there is a beautiful brick street under the concrete and that she would like to see that preserved. Keefer stated that the Street Sales Tax Committee is aware that improvements are needed on Santa Fe Street. Keefer stated that the project would be broken down into three phases. Keefer also stated that the area being discussed is outside the brick restoration area and the Street Sales Tax Committee has recommended an asphalt road. Goedecke stated that the project originally was approximately 250 feet and would cost around $66,000. Goedecke stated that as he looked at this street it is a very sharp angle and that it should be rounded out so it can have a better sight distance, making it a safer intersection. Marr asked if the area where the old railroad was will be brought down to grade. Goedecke stated that it would and that they would curb over it. Martin stated that there is an extra $50,000 available because the KLINK project came in under bid and that he would recommend reconfiguring Santa Fe Street and add the Dearborn section as a bid alternate. Huddleston asked if curbing would be put in all along Frisco. Goedecke stated that would be the plan. Goedecke stated that the City’s five year plan requests funding for Ohio Street and includes Frisco, but that it does not mean the money would be available to the City within five years. Marr asked if that area is designated as an emergency route. Keefer stated that Dearborn used to be an emergency snow route, but he doesn’t know about Frisco. Keefer stated that Ohio is an emergency route. Huddleston stated that that semi’s often use the gravel road across from Schneider’s Grain and asked what would be done to the gravel road. Keefer stated that the gas company uses the gravel road too. Goedecke stated that there could be curb cuts and a drive approach at both ends of gravel road. Huddleston stated that it would probably be a good idea to put the curb cut and drive approach in on Dearborn, but not on Frisco. Huddleston asked why there was not a drive at Schneider’s Grain on the drawing. Goedecke stated that there would be an asphalt drive approach adjacent to Schneider Grain. Rawlings made a motion to concur with the Engineer’s recommendation to reconfigure the angle on Santa Fe Street and add the Dearborn section as a bid alternate. Marr seconded the motion. Motion carried without opposition.
Council then considered authorizing an application to KDOT for a 2010 KLINK project. Rawlings inquired about what would happen if the road needed to be repaired prior to 2010 and if the City would eat that cost. Keefer stated that the City would be responsible for the repairs prior to 2010, and that there are already a few spots that need patched and repaired. Goedecke stated that if the City does both sides of the road in one project, the City’s portion of the cost would be a higher percentage than if it is completed as two projects. If it is completed as two projects, the City’s portion would only be 25% of the cost. Goedecke stated that if the Council elects to use concrete the City would have to pay for 100% of the cost of the curbing and median. Goedecke recommended an asphalt overlay, stating that it will be a lower cost to the City and will be good for 10 years. Marr made a motion to authorize an application to KDOT for a 2010 KLINK project. Harper seconded the motion. Motion carried without opposition.
Informational Memorandum & Questions:
Williams – Williams congratulated the City’s Electric Department Survivor team for being the winners out of the municipality teams at last weekends Grasshopper Festival.
Chrislip – Chrislip stated that he had been contacted about the taste of the City water and asked Staff if they had received complaints. Keefer stated that he was not aware of any complaints, but that he would look in to it.
Leffler – Leffler stated that he received a call from a citizen that lives in the Lakeside addition with a complaint about the noise from shooting in the county at Murphy’s range. Leffler asked if there is anything the City can do since the property is actually in the county. Keefer stated that because the property where the shooting is occurring is outside of the city limits, the noise complaint is a county issue. Leffler stated that complaints should be reported to the County Commission. Leffler asked if there have been any additional conversations regarding the public fireworks display. Keefer stated that he will be meeting with Ignite Augusta on Thursday to discuss the fireworks display. Leffler stated that we could be running out of time for another option. Keefer stated that the City has not been involved in the public fireworks display in the past except for it’s donation to Ignite Augusta, volunteers to collect money, and public safety officers monitoring the event.
Huddleston – Huddleston asked if there is a second source of power for the server. Jones stated that there is not, but that there is a regular backup of the data on the server, so fortunately there was not any information lost. Huddleston stated that he thought there used to be a generator or another source of power for the building with the Safety Department was located there. Keefer said that Staff would look into that. Huddleston stated that the drainage problem at the City Lake that he discussed previously has partially been addressed, but that there is still standing water on the land side of the road indicating that a ditch may need to be dug.
Marr – Marr asked if Staff has looked at how they will advertise the ability to make their utility payments using Official Payments Corporation. Jones stated that Official Payments Corporation will work with the City to help market the option of credit card payments, but that she didn’t yet know what that would entail. Jones stated that a memo will probably be printed on the bills as well as flyers posted in the utility office. Marr stated that he wanted to make sure that it wasn’t advertised as the preferred way for citizens to make utility payments. Marr asked about the size of the metal building that is being considered for purchase for Santa Fe Lake. Keefer stated that it is 25 feet by 75 feet. Marr asked how far it would have to be moved. Keefer stated that it would have to be moved from the Catholic Diocese on Lincoln in Wichita. D. Allen stated that it is a really nice building with overhead doors. Keefer stated that Rod Davis, caretaker at Santa Fe Lake, has presented a plan to him for the building and that he and other staff members will be meeting to come up with a plan for how and when it the building could be moved. Marr asked Keefer if he was working with the Recycling Task Force. Keefer stated that he, Jones and Street/Sanitation Superintendent Cecil Gross were attending the Recycling Task Force meetings. Marr stated that there is a visibility issue at the corner of Dearborn and Summit. D. Allen stated that he is aware of the situation and is addressing it. Marr stated that the property on the northeast corner of the Summit and Osage intersection needs to be looked at to determine if it violates the City’s property maintenance code. Marr inquired about the schedule of the downtown Waterline Project. Keefer stated that Staff is meeting on Wednesday to address how the project is progressing. Keefer stated that there has been six to eight weeks of wet weather that has slowed the project as well as limited crews that are often pulled off the project to address leaks and other issues throughout town. Keefer stated that Staff needs to explore its options and bring a recommendation for how to proceed back to the Council. Marr asked if the departments are gathering the budget data that will be needed during the budget meetings. Keefer stated that staff meetings have already been set to discuss the budget.
Adjourn: At 8:59 p.m. Harper made a motion to adjourn. Marr seconded the motion. Motion carried without opposition.
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